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91_SB0124sam001
LRB9102224ACgcam01
1 AMENDMENT TO SENATE BILL 124
2 AMENDMENT NO. . Amend Senate Bill 124 by replacing
3 the title with the following:
4 "AN ACT concerning the regulation of perfusionists."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Perfusionist Practice Act.
9 Section 5. Objects and purposes. Practice as a
10 perfusionist in the State of Illinois is declared to affect
11 the public health, safety, and welfare and to be subject to
12 regulation and control in the public interest. The purpose
13 and legislative intent of this Act is to encourage and
14 promote the more effective utilization of the skills of
15 physicians by enabling them to delegate certain health
16 related procedures to perfusionists when the delegation is
17 consistent with the health and welfare of the patient and is
18 conducted at the direction of and under the responsible
19 supervision of the physician.
20 It is further declared to be a matter of public health
21 and concern that the practice as a perfusionist merit and
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1 receive the confidence of the public and, therefore, that
2 only qualified persons be authorized to practice as
3 perfusionists in the State of Illinois. This Act shall be
4 liberally construed to best carry out these subjects and
5 purposes.
6 Section 10. Definitions. As used in this Act:
7 "Board" means the Board of Perfusion.
8 "Department" means the Department of Professional
9 Regulation.
10 "Director" means the Director of Professional Regulation.
11 "Extracorporeal circulation" means the diversion of a
12 patient's blood through a heart-lung machine or a similar
13 device that assumes the functions of the patient's heart,
14 lungs, kidney, liver, or other organs.
15 "New graduate perfusionist" means a perfusionist
16 practicing within a period of one year since the date of
17 graduation from a Commission on Accreditation of Allied
18 Health Education Programs accredited perfusion education
19 program.
20 "Perfusion" means the functions necessary for the
21 support, treatment, measurement, or supplementation of the
22 cardiovascular systems or other organs, or a combination of
23 those functions, and to ensure the safe management of
24 physiologic functions by monitoring and analyzing the
25 parameters of the systems under an order and under the
26 supervision of a physician licensed to practice medicine in
27 all its branches.
28 "Perfusionist" means a person, qualified by academic and
29 clinical education, to operate the extracorporeal circulation
30 equipment during any medical situation where it is necessary
31 to support or replace a person's cardiopulmonary,
32 circulatory, or respiratory function. A perfusionist is
33 responsible for the selection of appropriate equipment and
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1 techniques necessary for support, treatment, measurement, or
2 supplementation of the cardiopulmonary and circulatory system
3 of a patient, including the safe monitoring, analysis, and
4 treatment of physiologic conditions under an order and under
5 the supervision of a physician licensed to practice medicine
6 in all its branches and in collaboration with a registered
7 professional nurse.
8 "Perfusion protocols" means perfusion related policies
9 and protocols developed or approved by a licensed health
10 facility or a physician through collaboration with
11 administrators, licensed perfusionists, and other health care
12 professionals.
13 "Physician" or "operating physician" means a person
14 licensed to practice medicine in all of its branches under
15 the Medical Practice Act of 1987.
16 Section 15. Powers and duties of the Department.
17 (a) The Department shall exercise the powers and duties
18 prescribed by the Civil Administrative Code of Illinois for
19 the administration of licensing Acts and shall exercise any
20 other powers and duties necessary for effectuating the
21 purposes of this Act.
22 (b) The Department may adopt rules consistent with the
23 provisions of this Act for its administration and enforcement
24 and may prescribe forms that shall be issued in connection
25 with this Act. The rules may include but are not limited to
26 standards and criteria for licensure, professional conduct,
27 and discipline.
28 Section 20. Illinois Administrative Procedure Act; rules.
29 (a) The Illinois Administrative Procedure Act is
30 expressly adopted and incorporated in this Act as if all of
31 the provisions of the Illinois Administrative Procedure Act
32 were included in this Act, except that the provision of
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1 subsection (d) of Section 10-65 of the Illinois
2 Administrative Procedure Act that provides that at hearings
3 the licensee has the right to show compliance with all lawful
4 requirements for retention, continuation, or renewal of the
5 license is specifically excluded. For purposes of this Act,
6 the notice required under Section 10-25 of the Illinois
7 Administrative Procedure Act is deemed sufficient when mailed
8 to the last known address of a party.
9 (b) The Director may promulgate rules for the
10 administration and enforcement of this Act and may prescribe
11 forms to be issued in connection with this Act.
12 Section 25. Board of Perfusion. The Director shall
13 appoint a Board of Perfusion to consist of 5 persons who
14 shall be appointed by and shall serve in an advisory capacity
15 to the Director. Two members must hold an active license to
16 engage in the practice of perfusion in this State, one member
17 must be a physician licensed under the Medical Practice Act
18 of 1987 who is board certified in and actively engaged in the
19 practice of cardiothoracic surgery, one member must be a
20 licensed registered professional nurse certified by the
21 Association of Operating Room Nurses, and one member must be
22 a member of the public who is not licensed under this Act or
23 a similar Act of another jurisdiction and who has no
24 connection with the profession. The initial appointees who
25 would otherwise be required to be licensed perfusionists
26 shall instead be individuals who have been practicing
27 perfusion for at least 5 years and who are eligible under
28 this Act for licensure as perfusionists.
29 Members shall serve 4-year terms and until their
30 successors are appointed and qualified, except that, of the
31 initial appointments, 2 members shall be appointed to serve
32 for 2 years, 2 members shall be appointed to serve for 3
33 years, and 1 member shall be appointed to serve for 4 years,
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1 and until their successors are appointed and qualified. No
2 member shall be reappointed to the Board for a term that
3 would cause his or her continuous service on the Board to be
4 longer than 8 consecutive years. Appointments to fill
5 vacancies shall be made in the same manner as original
6 appointments for the unexpired portion of the vacated term.
7 Initial terms shall begin upon the effective date of this
8 Act.
9 The Board shall annually elect a chairperson and a
10 vice-chairperson who shall preside in the absence of the
11 chairperson. The membership of the Board should reasonably
12 reflect representation from the various geographic areas in
13 this State. The Director may terminate the appointment of
14 any member for cause. The Director may give due
15 consideration to all recommendations of the Board. A
16 majority of the Board members currently appointed shall
17 constitute a quorum. A vacancy in the membership of the
18 Board shall not impair the right of a quorum to exercise the
19 rights and perform all the duties of the Board. Members of
20 the Board shall have no liability in any action based upon
21 any disciplinary proceeding or other activity performed in
22 good faith as a member of the Board.
23 Section 30. Application for licensure. An application
24 for an initial license shall be made to the Department in
25 writing on forms prescribed by the Department and shall be
26 accompanied by the required nonrefundable fee. An
27 application shall require information that, in the judgment
28 of the Department, will enable the Department to evaluate the
29 qualifications of an applicant for licensure.
30 If an applicant fails to obtain a license under this Act
31 within 3 years after filing his or her application, the
32 application shall be denied. The applicant may make a new
33 application, which shall be accompanied by the required
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1 nonrefundable fee.
2 A person shall be qualified for licensure as a
3 perfusionist if that person:
4 (1) has applied to the Department for licensure in
5 accordance with this Section;
6 (2) has not violated a provision of Section 110 of
7 this Act; in addition the Department may take into
8 consideration any felony conviction of the applicant, but
9 a conviction shall not operate as an absolute bar to
10 licensure; and
11 (3) has successfully completed the examination
12 provided by the American Board of Cardiovascular
13 Perfusion (ABCP) or its successor agency or a
14 substantially equivalent examination approved by the
15 Department;
16 (4) has met the requirements for certification set
17 forth by the American Board of Cardiovascular Perfusion
18 or its successor agency; and
19 (5) has graduated from a school accredited by the
20 Commission on the Accreditation of Allied Health
21 Education Programs (CAAHEP) or a similar accrediting body
22 approved by the Department.
23 Section 40. Practice prohibited. No person may use the
24 title and designation of a "Licensed Perfusionist",
25 "Certified Perfusionist", "Certified Clinical Perfusionist",
26 "Perfusionist", or "CCP", either directly or indirectly, in
27 connection with his or her profession or business, unless he
28 or she has been issued a valid, existing license as a
29 perfusionist under this Act.
30 No person may practice, offer to practice, attempt to
31 practice, or hold himself or herself out to practice as a
32 licensed perfusionist without being licensed under this Act.
33 This does not mean that all of the aspects of practice listed
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1 in Sections 10 and 50 of this Act are practices or skills
2 only a perfusionist can perform. Other licensed or certified
3 persons may be qualified and allowed to perform some or all
4 of these practices.
5 Section 45. Application of Act. This Act shall not be
6 construed to prohibit the following:
7 (1) a person licensed in this State under any other Act
8 from engaging in the practice for which he or she is
9 licensed;
10 (2) a student enrolled in an accredited perfusion
11 education program from performing perfusion services if
12 perfusion services performed by the student:
13 (A) are an integral part of the student's course of
14 study; and
15 (B) are performed under the direct supervision of a
16 licensed perfusionist who is assigned to supervise the
17 student and who is on duty and immediately available in
18 the assigned patient care area;
19 (3) a new graduate from performing perfusion services,
20 if perfusion services performed by the new graduate
21 perfusionist:
22 (A) are necessary to fulfill the eligibility
23 requirements for the ABCP certification examination
24 required under subsection (3) of Section 30; and
25 (B) are performed under the direct supervision and
26 responsibility of a licensed perfusionist who is assigned
27 to supervise the graduate perfusionist and who is on duty
28 and immediately available in the assigned patient care
29 area;
30 (4) any legally qualified perfusionist employed by the
31 United States government from engaging in the practice of
32 perfusion while in the discharge of his or her official
33 duties; or
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1 (5) one or more licensed perfusionists from forming a
2 professional service corporation in accordance with the
3 Professional Service Corporation Act.
4 Section 50. Scope of practice.
5 (a) The scope of practice as a clinical perfusionist
6 includes the following functions:
7 (1) the use of extracorporeal circulation,
8 long-term cardiopulmonary support techniques, including
9 extracorporeal carbon dioxide removal and extracorporeal
10 membrane oxygenation, and associated therapeutic and
11 diagnostic techniques;
12 (2) counterpulsation, ventricular assistance,
13 autotransfusion, blood conservation techniques,
14 myocardial and organ preservation, extracorporeal life
15 support, and isolated limb perfusion;
16 (3) blood management techniques, advanced life
17 support, and other related functions; and
18 (4) in the performance of the acts described in
19 items (1) through (3) of this Section:
20 (A) the administration of (i) pharmacological
21 and therapeutic agents and (ii) blood products or
22 anesthetic agents through the extracorporeal circuit
23 or through an intravenous line in conjunction with
24 extracorporeal support, as ordered by and under the
25 direct supervision of a physician licensed to
26 practice medicine in all its branches;
27 (B) the performance and use of (i)
28 anticoagulation monitoring and analysis, (ii)
29 physiologic monitoring and analysis, (iii) blood gas
30 and chemistry monitoring and analysis, (iv)
31 hematologic monitoring and analysis, (v)
32 hypothermia, (vi) hyperthermia, (vii)
33 hemoconcentration and hemodilution, and (viii)
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1 cardiopulmonary hemodialysis; and
2 (C) the observation of signs and symptoms
3 related to perfusion services, the determination of
4 whether the signs and symptoms exhibit abnormal
5 characteristics, and the implementation of
6 appropriate reporting, perfusion protocols or
7 changes in or the initiation of emergency
8 procedures.
9 (b) in the clinical patient care area, in the absence of
10 a physician, a perfusionist shall collaborate with the
11 registered professional nurse who is accountable for the
12 coordination and management of the plan of patient care.
13 Section 60. Display of license; change of address.
14 (a) The Department shall issue a perfusionist license
15 to a person meeting the application and qualification
16 requirements of Section 30 of this Act. However, a person is
17 eligible for one year from the effective date of this Act to
18 make application to the Board and receives a license
19 notwithstanding the requirements of Section 30 of this Act if
20 the person is actively engaged in the practice of perfusion
21 consistent with applicable law and if the person has at least
22 5 years experience operating cardiopulmonary bypass systems
23 during cardiac surgical cases in a licensed health care
24 facility as the person's primary function between January 1,
25 1991 and the effective date of this Act.
26 (b) A licensee shall maintain on file at all times
27 during which the licensee provides services in a health care
28 facility a true and correct copy of the license certificate
29 in the appropriate records of the facility.
30 Section 65. Licensure by endorsement. The Department
31 may, in its discretion, license as a perfusionist, without
32 examination and on payment of the required fee, an applicant
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1 who (1) is licensed as a perfusionist under the laws of
2 another state, territory, or country, if the requirements for
3 licensure in that state, territory, or country in which the
4 applicant was licensed were, at the date of his or her
5 licensure, substantially equal to the requirements in force
6 in this State on that date or (2) holds a current certificate
7 as a certified clinical perfusionist issued by the American
8 Board of Cardiovascular Perfusion (ABCP), or its successor
9 organization, prior to January 1, 1999.
10 Section 70. Renewal, reinstatement or restoration of
11 license; continuing education; military service. The
12 expiration date and renewal period for each license issued
13 under this Act shall be set by the Department by rule.
14 Renewal shall be conditioned on paying the required fee and
15 meeting other requirements as may be established by rule.
16 A licensee who has permitted his or her license to
17 expire or who has had his or her license on inactive
18 status may have the license restored by making
19 application to the Department, by filing proof acceptable to
20 the Department of his or her fitness to have the license
21 restored, and by paying the required fees. Proof of fitness
22 may include sworn evidence certifying to active lawful
23 practice in another jurisdiction.
24 If the licensee has not maintained an active practice
25 in another jurisdiction satisfactory to the Department,
26 the Department shall determine, by an evaluation program
27 established by rule, his or her fitness for
28 restoration of the license and shall establish procedures and
29 requirements for restoration. However, a licensee whose
30 license expired while he or she was (1) in federal
31 service on active duty with the Armed Forces of the United
32 States or the State Militia called into service or
33 training or (2) in training or education under the
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1 supervision of the United States before induction into
2 the military service, may have the license restored without
3 paying any lapsed renewal fees if within 2 years after
4 honorable termination of the service, training, or
5 education he or she furnishes the Department with
6 satisfactory evidence to the effect that he or she has
7 been so engaged and that his or her service, training, or
8 education has been so terminated.
9 Section 80. Inactive status. A licensee who notifies
10 the Department in writing on forms prescribed by the
11 Department may elect to place his or her license on an
12 inactive status and shall, subject to rules of the
13 Department, be excused from payment of renewal fees until he
14 or she notifies the Department in writing of his or her
15 intention to restore the license. A licensee requesting
16 restoration from inactive status shall pay the current
17 renewal fee and shall restore his or her license in
18 accordance with Section 70 of this Act. A licensee whose
19 license is on inactive status shall not practice as a
20 perfusionist in this State. A licensee who engages in
21 practice as a perfusionist while his or her license is lapsed
22 or on inactive status shall be considered to be practicing
23 without a license, which shall be grounds for discipline
24 under Section 105 of this Act.
25 Section 90. Fees; returned checks.
26 (a) The Department shall set by rule fees for the
27 administration of this Act, including but not limited to fees
28 for initial and renewal licensure and restoration of a
29 license.
30 (b) A person who delivers a check or other payment to
31 the Department that is returned to the Department unpaid by
32 the financial institution upon which it is drawn shall pay to
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1 the Department, in addition to the amount already owed to the
2 Department, a fine of $50. If the check or other payment was
3 for a renewal or issuance fee and that person practices
4 without paying the renewal fee or issuance fee and the fine
5 due, an additional fine of $100 shall be imposed. The fines
6 imposed by this Section are in addition to any other
7 discipline provided under this Act for unlicensed practice or
8 practice on a nonrenewed license. The Department shall
9 notify the person that fees and fines shall be paid to the
10 Department by certified check or money order within 30
11 calendar days of the notification. If, after the expiration
12 of 30 days from the date of the notification, the person has
13 failed to submit the necessary remittance, the Department
14 shall automatically terminate the license or deny the
15 application without a hearing. If the person seeks a license
16 after termination or denial, he or she shall apply to the
17 Department for restoration or issuance of the license and
18 pay all fees and fines due to the Department. The Department
19 may establish a fee for the processing of an application for
20 restoration of a license to defray the expenses of processing
21 the application. The Director may waive the fines due under
22 this Section in individual cases if the Director finds that
23 the fines would be unreasonable or unnecessarily burdensome.
24 Section 95. Roster. The Department shall maintain a
25 roster of the names and addresses of all licensees and of all
26 persons whose licenses have been disciplined. This roster
27 shall be available upon written request and payment of the
28 required fee.
29 Section 100. Unlicensed practice; civil penalty. A
30 person who practices, offers to practice, attempts to
31 practice, or holds himself or herself out to practice as a
32 licensed perfusionist without being licensed under this Act
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1 shall, in addition to any other penalty provided by law, pay
2 a civil penalty to the Department in an amount not to exceed
3 $5,000 for each offense as determined by the Department. The
4 civil penalty shall be assessed by the Department after a
5 hearing is held in accordance with the provisions set forth
6 in this Act regarding the provision of a hearing for the
7 discipline of a licensee.
8 Section 105. Grounds for disciplinary action.
9 (a) The Department may refuse to issue, renew, or
10 restore a license, may revoke or suspend a license, or may
11 place on probation, censure, reprimand, or take other
12 disciplinary action with regard to a person licensed under
13 this Act, including but not limited to the imposition of
14 fines not to exceed $5,000 for each violation, for any one or
15 combination of the following causes:
16 (1) Making a material misstatement in furnishing
17 information to the Department.
18 (2) Violating a provision of this Act or its rules.
19 (3) Conviction under the laws of a United States
20 jurisdiction of a crime that is a felony or a
21 misdemeanor, an essential element of which is dishonesty,
22 or of a crime that is directly related to the practice as
23 a perfusionist.
24 (4) Making a misrepresentation for the purpose of
25 obtaining, renewing, or restoring a license.
26 (5) Wilfully aiding or assisting another person in
27 violating a provision of this Act or its rules.
28 (6) Failing to provide information within 60 days
29 in response to a written request made by the Department.
30 (7) Engaging in dishonorable, unethical, or
31 unprofessional conduct of a character likely to deceive,
32 defraud, or harm the public, as defined by rule of the
33 Department.
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1 (8) Discipline by another United States
2 jurisdiction or foreign nation, if at least one of the
3 grounds for discipline is the same or substantially
4 equivalent to those set forth in this Section.
5 (9) Directly or indirectly giving to or receiving
6 from a person, firm, corporation, partnership, or
7 association a fee, commission, rebate, or other form of
8 compensation for professional services not actually or
9 personally rendered.
10 (10) A finding by the Board that the licensee,
11 after having his or her license placed on probationary
12 status, has violated the terms of probation.
13 (11) Wilfully making or filing false records or
14 reports in his or her practice, including but not limited
15 to false records or reports filed with State agencies.
16 (12) Wilfully making or signing a false statement,
17 certificate, or affidavit to induce payment.
18 (13) Wilfully failing to report an instance of
19 suspected child abuse or neglect as required under the
20 Abused and Neglected Child Reporting Act.
21 (14) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act and
24 upon proof by clear and convincing evidence that the
25 licensee has caused a child to be an abused child or
26 neglected child as defined in the Abused and Neglected
27 Child Reporting Act.
28 (15) Employment of fraud, deception, or any
29 unlawful means in applying for or securing a license as a
30 perfusionist.
31 (16) Allowing another person to use his or her
32 license to practice.
33 (17) Failure to report to the Department (A) any
34 adverse final action taken against the licensee by
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1 another licensing jurisdiction, government agency, law
2 enforcement agency, or any court or (B) liability for
3 conduct that would constitute grounds for action as set
4 forth in this Section.
5 (18) Habitual intoxication or addiction to the use
6 of drugs.
7 (19) Physical illness, including but not limited to
8 deterioration through the aging process or loss of motor
9 skills, which results in the inability to practice the
10 profession for which he or she is licensed with
11 reasonable judgment, skill, or safety.
12 (20) Gross malpractice resulting in permanent
13 injury or death of a patient.
14 (21) Immoral conduct in the commission of an act
15 related to the licensee's practice, including but not
16 limited to sexual abuse, sexual misconduct, or sexual
17 exploitation.
18 (22) Violation the Health Care Worker Self-Referral
19 Act.
20 (b) The Department may refuse to issue or may suspend
21 the license of a person who fails to file a return, to pay
22 the tax, penalty, or interest shown in a filed return, or to
23 pay a final assessment of the tax, penalty, or interest as
24 required by a tax Act administered by the Department of
25 Revenue, until the requirements of the tax Act are satisfied.
26 (c) The determination by a circuit court that a licensee
27 is subject to involuntary admission or judicial admission as
28 provided in the Mental Health and Developmental Disabilities
29 Code operates as an automatic suspension. The suspension will
30 end only upon (1) a finding by a court that the patient is no
31 longer subject to involuntary admission or judicial
32 admission, (2) issuance of an order so finding and
33 discharging the patient, and (3) the recommendation of the
34 Disciplinary Board to the Director that the licensee be
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1 allowed to resume his or her practice.
2 Sec. 110. Injunctions; criminal offenses; cease and
3 desist order.
4 (a) If any person violates the provisions of this Act,
5 the Director may, in the name of the People of the State of
6 Illinois, through the Attorney General of the State of
7 Illinois or the State's Attorney for any county in which the
8 action is brought, petition for an order enjoining the
9 violation or for an order enforcing compliance with this Act.
10 Upon the filing of a verified petition in court, the court
11 may issue a temporary restraining order, without notice or
12 condition, and may preliminarily and permanently enjoin the
13 violation. If it is established that the person has violated
14 or is violating the injunction, the Court may punish the
15 offender for contempt of court. Proceedings under this
16 Section shall be in addition to, and not in lieu of, all
17 other remedies and penalties provided by this Act.
18 (b) Whenever in the opinion of the Department a person
19 violates a provision of this Act, the Department may issue a
20 rule to show cause why an order to cease and desist should
21 not be entered against that person. The rule shall clearly
22 set forth the grounds relied upon by the Department and shall
23 allow at least 7 days from the date of the rule to file an
24 answer to the satisfaction of the Department. Failure to
25 answer to the satisfaction of the Department shall cause an
26 order to cease and desist to be issued immediately.
27 (c) Other than as provided in Section 45 of this Act, if
28 any person practices as an perfusionist or holds himself or
29 herself out as a licensed perfusionist under this Act without
30 being issued a valid existing license by the Department,
31 then any licensed perfusionist, any interested party, or any
32 person injured thereby may, in addition to the Director,
33 petition for relief as provided in subsection (a) of this
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1 Section.
2 Section 115. Cease and desist order.
3 (a) If a person violates a provision of this Act, the
4 Director, in the name of the People of the State of Illinois
5 through the Attorney General of the State of Illinois, or the
6 State's Attorney of a county in which the violation occurs,
7 may petition for an order enjoining the violation or for an
8 order enforcing compliance with this Act. Upon the filing of
9 a verified petition in court, the court may issue a temporary
10 restraining order without notice or bond and may
11 preliminarily and permanently enjoin the violation. If it is
12 established that the licensee has violated or is violating
13 the injunction, the court may punish the offender for
14 contempt of court. Proceedings under this Section shall be
15 in addition to, and not in lieu of, all other remedies and
16 penalties provided by this Act.
17 (b) If a person practices as a perfusionist or holds
18 himself or herself out as a perfusionist without being
19 licensed under this Act, then any licensee under this Act,
20 interested party, or person injured thereby, in addition to
21 the Director or State's Attorney, may petition for relief as
22 provided in subsection (a) of this Section.
23 (c) If the Department determines that a person violated
24 a provision of this Act, the Department may issue a rule to
25 show cause why an order to cease and desist should not be
26 entered against him or her. The rule shall clearly set forth
27 the grounds relied upon by the Department and shall provide a
28 period of 7 days from the date of the rule to file an answer
29 to the satisfaction of the Department. Failure to answer to
30 the satisfaction of the Department shall cause an order to
31 cease and desist to be issued immediately.
32 Section 120. Investigation; notice; hearing. Licenses
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1 may be refused, revoked, suspended, or otherwise disciplined
2 in the manner provided by this Act and not otherwise. The
3 Department may upon its own motion and shall upon the
4 verified complaint in writing of any person setting forth
5 facts that if proven would constitute grounds for refusal to
6 issue or for suspension or revocation under this Act,
7 investigate the actions of a person applying for, holding, or
8 claiming to hold a license. The Department shall, before
9 refusing to issue or renew, suspending, or revoking a license
10 or taking other discipline pursuant to Section 105 of this
11 Act, and at least 30 days prior to the date set for the
12 hearing, notify in writing the applicant or licensee of any
13 charges made, shall afford the applicant or licensee an
14 opportunity to be heard in person or by counsel in reference
15 to the charges, and direct the applicant or licensee to file
16 a written answer to the Department under oath within 20 days
17 after the service of the notice and inform the applicant or
18 licensee that failure to file an answer will result in
19 default being taken against the applicant or licensee and
20 that the license may be suspended, revoked, placed on
21 probationary status, or other disciplinary action may be
22 taken, including limiting the scope, nature, or extent of
23 practice, as the Director may deem proper. Written notice
24 may be served by personal delivery to the applicant or
25 licensee or by mailing the notice by certified mail to his or
26 her last known place of residence or to the place of business
27 last specified by the applicant or licensee in his or her
28 last notification to the Department. If the person fails to
29 file an answer after receiving notice, his or her license
30 may, in the discretion of the Department, be suspended,
31 revoked, or placed on probationary status or the Department
32 may take whatever disciplinary action deemed proper,
33 including limiting the scope, nature, or extent of the
34 person's practice or the imposition of a fine, without a
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1 hearing, if the act or acts charged constitute sufficient
2 grounds for such action under this Act. At the time and
3 place fixed in the notice, the Department shall proceed to a
4 hearing of the charges and both the applicant or licensee and
5 the complainant shall be afforded ample opportunity to
6 present, in person or by counsel, any statements, testimony,
7 evidence, and arguments that may be pertinent to the charges
8 or to their defense. The Department may continue a hearing
9 from time to time. If the Board is not sitting at the time
10 and place fixed in the notice or at the time and place to
11 which the hearing shall have been continued, the Department
12 may continue the hearing for a period not to exceed 30 days.
13 Section 125. Record of proceedings. The Department, at
14 its expense, shall preserve a record of all proceedings at a
15 formal hearing conducted pursuant to Section 120 of this Act.
16 The notice of hearing, complaint, and all other documents in
17 the nature of pleadings and written motions filed in the
18 proceedings, the transcript of testimony, the report of the
19 Board or hearing officer, and orders of the Department shall
20 be the record of the proceeding. The Department shall supply
21 a transcript of the record to a person interested in the
22 hearing on payment of the fee required under Section 60f of
23 the Civil Administrative Code of Illinois.
24 Section 130. Order for production of documents. A
25 circuit court may, upon application of the Department or its
26 designee, or of the applicant or licensee against whom
27 proceedings pursuant to Section 120 of this Act are pending,
28 enter an order requiring the attendance of witnesses and
29 their testimony and the production of documents, papers,
30 files, books, and records in connection with a hearing or
31 investigation authorized by this Act. The court may compel
32 obedience to its order through contempt proceedings.
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1 Section 140. Subpoena; oaths. The Department has the
2 power to subpoena and bring before it any person in this
3 State and to take testimony orally or by deposition, with the
4 same fees and mileage and in the same manner as prescribed by
5 law in judicial proceedings in civil cases in circuit courts
6 of this State. The Director and any Disciplinary Board member
7 designated by the Director shall each have the authority to
8 administer, at any hearing that the Department is authorized
9 to conduct under this Act, oaths to witnesses and any other
10 oaths authorized to be administered by the Department under
11 this Act.
12 Section 145. Findings of fact. At the conclusion of the
13 hearing, the Board shall present to the Director a written
14 report of its findings of fact, conclusions of law, and
15 recommendations. In the report, the Board shall make a
16 finding of whether or not the charged licensee or applicant
17 violated a provision of this Act or its rules and shall
18 specify the nature of the violation. In making its
19 recommendations for discipline, the Board may take into
20 consideration all facts and circumstances bearing upon the
21 reasonableness of the conduct of the respondent and the
22 potential for future harm to the public, including but not
23 limited to previous discipline of that respondent by the
24 Department, intent, degree of harm to the public and
25 likelihood of harm in the future, any restitution made, and
26 whether the incident or incidents complained of appear to be
27 isolated or a pattern of conduct. In making its
28 recommendations for discipline, the Board shall seek to
29 ensure that the severity of the discipline recommended bears
30 some reasonable relationship to the severity of the
31 violation.
32 Section 150. Service of report; rehearing. In a case
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1 involving the refusal to issue or renew a license or the
2 discipline of a licensee, a copy of the Board's report shall
3 be served upon the respondent by the Department, either
4 personally or as provided under Section 120 of this Act for
5 the service of the notice of hearing. Within 20 days after
6 the service, the respondent may present to the Department a
7 motion in writing for a rehearing, which shall specify the
8 particular grounds for a rehearing. If no motion for
9 rehearing is filed, then upon the expiration of the time
10 specified for filing the motion, or if a motion for rehearing
11 is denied, then upon the denial the Director may enter an
12 order in accordance with recommendations of the Board, except
13 as provided in Section 160 or 165 of this Act. If the
14 respondent orders a transcript of the record from the
15 reporting service and pays for the transcript within the time
16 for filing a motion for rehearing, the 20-day period within
17 which such a motion may be filed shall commence upon the
18 delivery of the transcript to the respondent.
19 Section 160. Order of Director.
20 (a) The Director shall issue an order concerning the
21 disposition of the charges (i) following the expiration of
22 the filing period granted under Section 155 of this Act if no
23 motion for rehearing is filed or (ii) following a denial of a
24 timely motion for rehearing.
25 (b) The Director's order shall be based on the
26 recommendations contained in the Board's report unless, after
27 giving due consideration to the Board's report, the Director
28 disagrees in any regard with the report of the Board, in
29 which case he or she may issue an order in contravention of
30 the report. The Director shall provide a written report to
31 the Board on any deviation from the Board's report and shall
32 specify with particularity the reasons for his or her
33 deviation in the final order. The Board's report and
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1 Director's order are not admissible in evidence against the
2 person in a criminal prosecution brought for a violation of
3 this Act, but the hearing, report, and order are not a bar to
4 a criminal prosecution brought for the violation of this Act.
5 Section 170. Hearing officer. Notwithstanding the
6 provisions of Section 120 of this Act, the Director shall
7 have the authority to appoint an attorney licensed to
8 practice law in this State to serve as the hearing officer in
9 a hearing authorized under Section 120 of this Act. The
10 Director shall notify the Board of an appointment. The
11 hearing officer shall have full authority to conduct the
12 hearing. The Board has the right to have at least one member
13 present at a hearing conducted by a hearing officer appointed
14 under this Section. The hearing officer shall report his or
15 her findings of fact, conclusions of law, and recommendations
16 to the Board and the Director. The Board shall have 60 days
17 from receipt of the report to review the report of the
18 hearing officer and to present its findings of fact,
19 conclusions of law, and recommendations to the Director. If
20 the Board fails to present its report within the 60-day
21 period, the Director shall issue an order based on the report
22 of the hearing officer. If the Director disagrees in any
23 regard with the report of the Board or hearing officer, he or
24 she may issue an order in contravention of the report. The
25 Director shall provide a written explanation to the Board on
26 a deviation from the Board's report and shall specify with
27 particularity the reasons for his or her deviation in the
28 final order.
29 Section 175. Rehearing on order of Director. Whenever the
30 Director is not satisfied that substantial justice has been
31 achieved in the discipline of a licensee, the Director may
32 order a rehearing by the same or another hearing officer or
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1 by the Board.
2 Section 180. Order; prima facie proof. An order or a
3 certified copy of an order, over the seal of the Department
4 and purporting to be signed by the Director, shall be prima
5 facie proof that:
6 (1) the signature is the genuine signature of the
7 Director;
8 (2) the Director is duly appointed and qualified;
9 and
10 (3) the Board and its members are qualified to act.
11 Section 185. Restoration of license. At any time after
12 the suspension or revocation of a license, the Department may
13 restore it to the licensee unless, after an investigation and
14 a hearing, the Department determines that restoration is not
15 in the public interest. Where circumstances of suspension or
16 revocation so indicate, or on the recommendation of the
17 Board, the Department may require an examination of the
18 licensee before restoring his or her license.
19 Section 190. Surrender of license. Upon the revocation or
20 suspension of a license, the licensee shall immediately
21 surrender the license to the Department. If the licensee
22 fails to do so, the Department shall have the right to seize
23 the license.
24 Section 200. Temporary suspension. The Director may
25 temporarily suspend the license of a perfusionist without a
26 hearing, simultaneously with the institution of proceedings
27 for a hearing provided for in Section 120 of this Act, if the
28 Director finds that evidence in his or her possession
29 indicates that continuation in practice would constitute an
30 imminent danger to the public. If the Director temporarily
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1 suspends a license without a hearing, a hearing by the
2 Department shall be held within 30 days after the suspension
3 has occurred and shall be concluded without appreciable
4 delay.
5 Section 205. Certificate of record. The Department shall
6 not be required to certify any record to a Court or file an
7 answer in court or otherwise appear in a court in a judicial
8 review proceeding unless there is filed in the court, with
9 the complaint, a receipt from the Department acknowledging
10 payment of the costs of furnishing and certifying the record.
11 Failure on the part of the plaintiff to file a receipt in
12 court shall be grounds for dismissal of the action.
13 Section 210. Administrative Review Law. All final
14 administrative decisions of the Department are subject to
15 judicial review under the Administrative Review Law and its
16 rules. The term "administrative decision" is defined as in
17 Section 3-101 of the Code of Civil Procedure. Proceedings for
18 judicial review shall be commenced in the circuit court of
19 the county in which the party seeking review resides. If the
20 party seeking review is not a resident of this State, venue
21 shall be in Sangamon County.
22 Section 215. Criminal penalties. A person who is found
23 to have knowingly violated Section 10-5 or subsection (a)
24 of Section 220 of this Act is guilty of a Class A misdemeanor
25 for a first offense and is guilty of a Class 4 felony for a
26 second or subsequent offense.
27 Section 220. Unlicensed practice; civil penalties.
28 (a) No person shall practice, offer to practice, attempt
29 to practice, or hold himself or herself out to practice as a
30 perfusionist without a license issued by the Department to
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1 that person under this Act.
2 (b) In addition to any other penalty provided by law, a
3 person who violates subsection (a) of this Section shall pay
4 a civil penalty to the Department in an amount not to exceed
5 $5,000 for each offense as determined by the Department.
6 The civil penalty shall be assessed by the Department
7 after a hearing is held in accordance with the provisions
8 set forth in this Act regarding a hearing for the
9 discipline of a licensee.
10 (c) The Department has the authority and power to
11 investigate any and all unlicensed activity.
12 (d) The civil penalty assessed under this Act shall be
13 paid within 60 days after the effective date of the order
14 imposing the civil penalty. The order shall constitute a
15 judgment and may be filed and execution had on the judgment
16 in the same manner as a judgment from a court of record.
17 Section 225. Deposit of moneys. All moneys collected by
18 the Department under this Act shall be deposited into the
19 General Professions Dedicated Fund in the State Treasury and
20 shall be used for administration of this Act.
21 Section 230. Home rule powers. The regulation and
22 licensing of perfusionists are exclusive powers and functions
23 of the State. A home rule unit shall not regulate or
24 license perfusionists. This Section is a limitation under
25 subsection (h) of Section 6 of Article VII of the Illinois
26 Constitution.
27 Section 950. The Regulatory Sunset Act is amended by
28 adding Section 4.20 as follows:
29 (5 ILCS 80/4.20 new)
30 Sec. 4.20. Act repealed on January 1, 2010. The
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1 following Act is repealed on January 1, 2010:
2 The Perfusionist Practice Act.
3 Section 999. Effective date. This Act takes effect
4 January 1, 2000.".