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91_SB1735enr SB1735 Enrolled LRB9110502ACtm 1 AN ACT concerning the regulation of professions, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Athletic Trainers Practice Act 6 is amended by changing Section 6 as follows: 7 (225 ILCS 5/6) (from Ch. 111, par. 7606) 8 Sec. 6. Athletic Training Board - Appointment - 9 Membership - Term - Duties. The Director shall appoint an 10 Illinois Board of Athletic Trainers as follows: 6 persons who 11 shall be appointed by and shall serve in an advisory capacity 12 to the Director. Two members must be licensed physicians; 3 13 members must be registered athletic trainers in good 14 standing, and actively engaged in the practice of athletic 15 training in this State; and 1 member must be a public member 16 who is not registered under this Act, or a similar Act of 17 another jurisdiction, and is not a provider of athletic 18 health care service. 19 Members shall serve 4 year terms and until their 20 successors are appointed and qualified except that of the 21 initial appointments, 1 member shall be appointed to serve 22 for one year, 2 shall be appointed to serve for 2 years, 2 23 shall be appointed to serve for 3 years, and the remaining 24 one, who shall be the public member, shall be appointed to 25 serve for 4 years, and until their successors are appointed 26 and qualified. No member shall be reappointed to the Board 27 for more than 2 terms. Appointments to fill vacancies shall 28 be made in the same manner as original appointments, for the 29 unexpired portion of the vacated term. Initial terms shall 30 begin upon the effective date of this Act. 31 The membership of the Board should reasonably reflect SB1735 Enrolled -2- LRB9110502ACtm 1 representation from the geographic areas in this State. 2The Board shall present an annual report to the Director,3the content of which shall be set forth by the rules of the4Department.5 The Director may terminate the appointment of any member 6 for cause which in the opinion of the Director reasonably 7 justifies such termination. 8 The Director shall consider the recommendation of the 9 Board on questions involving standards of professional 10 conduct, discipline, and qualifications of candidates and 11 license holders under this Act. 12 (Source: P.A. 89-216, eff. 1-1-96.) 13 Section 10. The Funeral Directors and Embalmers 14 Licensing Code is amended by changing Section 15-5 as 15 follows: 16 (225 ILCS 41/15-5) (from Ch. 111, par. 2825) 17 Sec. 15-5. Funeral Directors and Embalmers Licensing and 18 Disciplinary Board. A Funeral Directors and Embalmers 19 Licensing and Disciplinary Board is created and shall consist 20 of 7 persons, 6 of whom are licensed to practice funeral 21 directing and embalming in this State, and one who is a 22 knowledgeable public member. Each member shall be appointed 23 by the Director of the Department. The persons so appointed 24 shall hold their offices for 4 years and until a qualified 25 successor is appointed. All vacancies occurring shall be 26 filled by the Director for the unexpired portion of the term 27 rendered vacant. No member shall be eligible to serve for 28 more than 2 full terms. Any appointee may be removed by the 29 Director when in his or her discretion he or she finds 30 removal to be in the public interest. The cause for removal 31 must be set forth in writing. The Board shall annually select 32 a chairman from its membership. The members of the Board SB1735 Enrolled -3- LRB9110502ACtm 1 shall be reimbursed for all legitimate and necessary expenses 2 incurred in attending meetings of the Board. The Board may 3 meet as often as necessary to perform its duties under this 4 Code, and shall meet at least once a year in Springfield, 5 Illinois. 6 The members of the Board appointed and serving under the 7 Funeral Directors and Embalmers Licensing Act of 1935 shall 8 continue to serve under the Funeral Directors and Embalmers 9 Licensing Code and until the expiration of their appointed 10 terms. These members may be reappointed if eligible under 11 this Section. 12The Board shall submit a written report, at least13annually, to the Director in which it shall evaluate its own14and the Department's performance, inform the Department of15practice developments with the funeral service profession,16and provide recommendations for statutory or regulatory17program changes.18 The Department may seek the advice and recommendations of 19 the Board on any matter relating to the administration and 20 enforcement of this Code. 21 The Department shall seek the advice and recommendations 22 of the Board in connection with any rulemaking or 23 disciplinary actions, including applications for restoration 24 of revoked licenses. The Board shall have 60 days to respond 25 to a Department request for advice and recommendations. If 26 the Department fails to adopt, in whole or in part, a Board 27 recommendation in connection with any rulemaking or 28 disciplinary action, it shall provide a written explanation 29 of its specific reasons for not adopting the Board 30 recommendation. The written explanations shall be made 31 available for public inspection. 32 The Department shall adopt all necessary and reasonable 33 rules and regulations for the effective administration of 34 this Code, and without limiting the foregoing, the Department SB1735 Enrolled -4- LRB9110502ACtm 1 shall adopt rules and regulations: 2 (1) prescribing a method of examination of 3 candidates; 4 (2) defining what shall constitute a school, 5 college, university, department of a university or other 6 institution to determine the reputability and good 7 standing of these institutions by reference to a 8 compliance with the rules and regulations; however, no 9 school, college, university, department of a university 10 or other institution that refuses admittance to 11 applicants, solely on account of race, color, creed, sex 12 or national origin shall be considered reputable and in 13 good standing; 14 (3) establishing expiration dates and renewal 15 periods for all licenses; 16 (4) prescribing a method of handling complaints and 17 conducting hearings on proceedings to take disciplinary 18 action under this Code; and 19 (5) providing for licensure by reciprocity. 20 (Source: P.A. 87-966.) 21 Section 15. The Pharmacy Practice Act of 1987 is amended 22 by changing Section 10 as follows: 23 (225 ILCS 85/10) (from Ch. 111, par. 4130) 24 Sec. 10. State Board of Pharmacy. There is created in the 25 Department the State Board of Pharmacy. It shall consist of 9 26 members, 7 of whom shall be licensed pharmacists. Each of 27 those 7 members must be a licensed pharmacist in good 28 standing in this State, a graduate of an accredited college 29 of pharmacy or hold a Bachelor of Science degree in Pharmacy 30 and have at least 5 years' practical experience in the 31 practice of pharmacy subsequent to the date of his licensure 32 as a licensed pharmacist in the State of Illinois. There SB1735 Enrolled -5- LRB9110502ACtm 1 shall be 2 public members, who shall be voting members, who 2 shall not be licensed pharmacists in this State or any other 3 state. 4 Each member shall be appointed by the Governor. 5 The terms of all members serving as of March 31, 1999 6 shall expire on that date. The Governor shall appoint 3 7 persons to serve one-year terms, 3 persons to serve 3-year 8 terms, and 3 persons to serve 5-year terms to begin April 1, 9 1999. Otherwise, members shall be appointed to 5 year terms. 10 No member shall be eligible to serve more than 12 consecutive 11 years. 12 In making the appointment of members on the Board, the 13 Governor shall give due consideration to recommendations by 14 the members of the profession of pharmacy and by 15 pharmaceutical organizations therein. The Governor shall 16 notify the pharmaceutical organizations promptly of any 17 vacancy of members on the Board and in appointing members 18 shall give consideration to individuals engaged in all types 19 and settings of pharmacy practice. 20 The Governor may remove any member of the Board for 21 misconduct, incapacity or neglect of duty and he shall be the 22 sole judge of the sufficiency of the cause for removal. 23 Every person appointed a member of the Board shall take 24 and subscribe the constitutional oath of office and file it 25 with the Secretary of State. Each member of the Board shall 26 be reimbursed for such actual and legitimate expenses as he 27 may incur in going to and from the place of meeting and 28 remaining thereat during sessions of the Board. In addition, 29 each member of the Board shall receive a per diem payment in 30 an amount determined from time to time by the Director for 31 attendance at meetings of the Board and conducting other 32 official business of the Board. 33 The Board shall hold quarterly meetings and an annual 34 meeting in January of each year and such other meetings at SB1735 Enrolled -6- LRB9110502ACtm 1 such times and places and upon such notice as the Board may 2 determine and as its business may require. Five members of 3 the Board shall constitute a quorum for the transaction of 4 business. The Director shall appoint a pharmacy coordinator, 5 who shall be someone other than a member of the Board. The 6 pharmacy coordinator shall be a registered pharmacist in good 7 standing in this State, shall be a graduate of an accredited 8 college of pharmacy, or hold at a minimum a Bachelor of 9 Science degree in Pharmacy and shall have at least 5 years' 10 experience in the practice of pharmacy immediately prior to 11 his appointment. The pharmacy coordinator shall be the 12 executive administrator and the chief enforcement officer of 13 the Pharmacy Practice Act. 14 The Board shall exercise the rights, powers and duties 15 which have been vested in the Board under this Act, and any 16 other duties conferred upon the Board by law. 17 The Director shall, in conformity with the Personnel 18 Code, employ not less than 7 pharmacy investigators and 2 19 pharmacy supervisors. Each pharmacy investigator and each 20 supervisor shall be a registered pharmacist in good standing 21 in this State, and shall be a graduate of an accredited 22 college of pharmacy and have at least 5 years of experience 23 in the practice of pharmacy. The Department shall also employ 24 at least one attorney who is a pharmacist to prosecute 25 violations of this Act and its rules. The Department may, in 26 conformity with the Personnel Code, employ such clerical and 27 other employees as are necessary to carry out the duties of 28 the Board. 29 The duly authorized pharmacy investigators of the 30 Department shall have the right to enter and inspect during 31 business hours any pharmacy or any other place in the State 32 of Illinois holding itself out to be a pharmacy where 33 medicines or drugs or drug products or proprietary medicines 34 are sold, offered for sale, exposed for sale, or kept for SB1735 Enrolled -7- LRB9110502ACtm 1 sale. The pharmacy investigators shall be the only Department 2 investigators authorized to inspect, investigate, and monitor 3 probation compliance of pharmacists and pharmacies. 4The Board shall render annually to the Director a report5of their proceedings during the preceding year, together with6such other information and recommendations as the Board deems7proper.8 (Source: P.A. 90-253, eff. 7-29-97.) 9 Section 20. The Physician Assistant Practice Act of 1987 10 is amended by changing Section 11 as follows: 11 (225 ILCS 95/11) (from Ch. 111, par. 4611) 12 Sec. 11. Committee. There is established a physician 13 assistant advisory committee to the Medical Licensing Board. 14 The physician assistant advisory committee shall review and 15 make recommendations to the Board regarding all matters 16 relating to physician assistants. The physician assistant 17 advisory committee shall be composed of 7 members. Three of 18 the 7 members shall be physicians, 2 of whom shall be members 19 of the Board and appointed to the advisory committee by the 20 chairman. One physician, not a member of the Board, shall be 21 a supervisor of a certified physician assistant and shall be 22 approved by the Governor from a list of Illinois physicians 23 supervising certified physician assistants. Three members 24 shall be physician assistants, certified under the law and 25 appointed by the Governor from a list of 10 names recommended 26 by the Board of Directors of the Illinois Academy of 27 Physician Assistants. One member, not employed or having any 28 material interest in any health care field, shall be 29 appointed by the Governor and represent the public. The 30 chairman of the physician assistant advisory committee shall 31 be a member elected by a majority vote of the physician 32 assistant advisory committee unless already a member of the SB1735 Enrolled -8- LRB9110502ACtm 1 Board. The physician assistant advisory committee is required 2 to meet and report to the Boardquarterly andas physician 3 assistant issues arise. The terms of office of each of the 4 original 7 members shall be at staggered intervals. One 5 physician and one physician assistant shall serve for a 2 6 year term. One physician and one physician assistant shall 7 serve a 3 year term. One physician, one physician assistant 8 and the public member shall serve a 4 year term. Upon the 9 expiration of the term of any member, his successor shall be 10 appointed for a term of 4 years in the same manner as the 11 initial appointment. No member shall serve more than 2 12 consecutive terms. 13 The members of the physician assistant advisory committee 14 shall be reimbursed for all authorized legitimate and 15 necessary expenses incurred in attending the meetings of the 16 committee. 17 A majority of the physician assistant advisory committee 18 members currently appointed shall constitute a quorum. A 19 vacancy in the membership of the committee shall not impair 20 the right of a quorum to perform all of the duties of the 21 committee. 22 Members of the physician assistant advisory committee 23 shall have no liability for any action based upon a 24 disciplinary proceeding or other activity performed in good 25 faith as a member of the committee. 26 (Source: P.A. 90-61, eff. 12-30-97.) 27 Section 25. The Veterinary Medicine and Surgery Practice 28 Act of 1994 is amended by changing Section 7 as follows: 29 (225 ILCS 115/7) (from Ch. 111, par. 7007) 30 Sec. 7. Veterinarian Licensing and Disciplinary Board. 31 The Director shall appoint a Veterinarian Licensing and 32 Disciplinary Board as follows: 7 persons shall be appointed SB1735 Enrolled -9- LRB9110502ACtm 1 by and shall serve in an advisory capacity to the Director, 6 2 members must be licensed, in good standing, veterinarians in 3 this State, and must be actively engaged in the practice of 4 veterinary medicine and surgery in this State, and one member 5 must be a member of the public who is not licensed under this 6 Act, or a similar Act of another jurisdiction and who has no 7 connection with the veterinary profession. 8 Members shall serve 4 year terms and until their 9 successors are appointed and qualified, except that of the 10 initial appointments, one member shall be appointed to serve 11 for one year, 2 shall be appointed to serve for 2 years, 2 12 shall be appointed to serve for 3 years, and the remaining, 13 one of which shall be a public member, shall be appointed to 14 serve for 4 years and until their successors are appointed 15 and qualified. No member shall be reappointed to the Board 16 for more than 2 terms. Appointments to fill vacancies shall 17 be made in the same manner as original appointments, for the 18 unexpired portion of the vacated term. Initial terms shall 19 begin upon the effective date of this Act. 20 The membership of the Board should reasonably reflect 21 representation from the geographic areas in this State. The 22 Director shall consider the recommendations made by the State 23 Veterinary Medical Association in making appointments. 24 The Director may terminate the appointment of any member 25 for cause which in the opinion of the Director reasonably 26 justifies such termination. 27The Board shall present an annual report to the28Department, the content of which shall be specified by rule.29 The Board shall annually elect a Chairman who shall be a 30 Veterinarian. 31 The Director shall consider the advice and 32 recommendations of the Board on questions involving standards 33 of professional conduct, discipline and qualifications of 34 candidates and licensees under this Act. SB1735 Enrolled -10- LRB9110502ACtm 1 Members of the Board shall be entitled to receive a per 2 diem at a rate set by the Director and shall be reimbursed 3 for all authorized expenses incurred in the exercise of their 4 duties. 5 Members of the Board have no liability in any action 6 based upon any disciplinary proceeding or other activity 7 performed in good faith as a member of the Board. 8 (Source: P.A. 88-424.) 9 Section 30. The Illinois Certified Shorthand Reporters 10 Act of 1984 is amended by changing Section 8 as follows: 11 (225 ILCS 415/8) (from Ch. 111, par. 6208) 12 Sec. 8. The Director shall appoint a certified Shorthand 13 Reporters Board as follows: 7 persons who shall be appointed 14 by and shall serve in an advisory capacity to the Director. 15 Six members must be certified shorthand reporters, in good 16 standing, and actively engaged in the practice of shorthand 17 reporting in this State for ten years, and one member must be 18 a member of the public who is not certified under this Act, 19 or a similar Act of another jurisdiction. 20 Members shall serve 4 year terms and until their 21 successors are appointed and qualified, except that of the 22 initial appointments, one member shall be appointed to serve 23 for one year, 2 shall be appointed to serve for 2 years, 2 24 shall be appointed to serve for 3 years, and the remaining 25 one, who shall be the public member, shall be appointed to 26 serve for 4 years, until their successors are appointed and 27 qualified. No member shall be reappointed to the Board for a 28 term that would cause his continuous service on the Board to 29 be longer than 8 successive years. Service prior to the 30 effective date of this amendatory Act of 1991 shall be 31 considered. Appointments to fill vacancies shall be made in 32 the same manner as original appointments, for the unexpired SB1735 Enrolled -11- LRB9110502ACtm 1 portion of the vacated term. Initial terms shall begin upon 2 the effective date of this Act. 3 The membership of the Board should reasonably reflect 4 representation from the geographic areas in this State. In 5 making appointments to the Board, the Director shall give 6 consideration to recommendations by national and State 7 organizations of the shorthand reporter profession and shall 8 promptly give notice to such organizations of any vacancy in 9 the membership of the Board. 10The Board shall present an annual report to the Director,11the content of which shall be set forth by the rules of the12Department.13 The Director may terminate the appointment of any member 14 for cause which in the opinion of the Director reasonably 15 justifies such termination. 16 The Director shall consider the recommendations of the 17 Board on questions involving standards of professional 18 conduct, discipline and qualifications of candidates and 19 certificate holders under this Act. 20 The Director may remove any member who fails to attend 3 21 consecutive meetings unless the member has a medical excuse. 22 (Source: P.A. 87-481; 87-576.) 23 Section 35. The Illinois Public Accounting Act is amended 24 by changing Section 14 as follows: 25 (225 ILCS 450/14) (from Ch. 111, par. 5515) 26 Sec. 14. Qualifications. The Department shall license as 27 public accountants the following: 28 (a) All persons who have received or who hereafter 29 receive certificates as certified public accountants from the 30 Board, who have had at least one year of full-time 31 experience, or its equivalent, providing any type of service 32 or advice involving the use of accounting, attest, management SB1735 Enrolled -12- LRB9110502ACtm 1 advisory, financial advisory, tax, or consulting skills, 2 which may be gained through employment in government, 3 industry, academia, or public practice. 4 If the applicant's certificate was issued more than 4 5 years prior to the application for an internal license under 6 this Section, the applicant shall submit any evidence the 7 Department may require showing the applicant has completed 8 not less than 90 hours of continuing professional education 9 acceptable to the Department within the 3 years immediately 10 preceding the date of application. 11 The Committee shall be the sole and final judge of the 12 qualification of experience under this section. 13 (b) All partnerships, limited liability companies, or 14 corporations, or other entities engaged in the practice of 15 public accounting in this State and meeting the following 16 requirements: 17 (1) (Blank). 18 (2) A majority of the ownership of the firm, in 19 terms of financial interests and voting rights of all 20 partners, officers, shareholders, members, or managers, 21 belongs to persons licensed in some state, and the 22 partners, officers, shareholders, members, or managers 23 whose principal place of business is in this State and 24 who practice public accounting in this State, as defined 25 in Section 8 of this Act, hold a valid license issued by 26 this State. 27 (3) It shall be lawful for a nonprofit cooperative 28 association engaged in rendering an auditing and 29 accounting service to its members only, to continue to 30 render that service provided that the rendering of 31 auditing and accounting service by the cooperative 32 association shall at all times be under the control and 33 supervision of public accountants. 34 (4) The Department may adopt rules and regulations SB1735 Enrolled -13- LRB9110502ACtm 1 as necessary to provide for the practice of public 2 accounting by business entities that may be otherwise 3 authorized by law to conduct business in Illinois. 4 The Director shall appoint a Public Accountant 5 Registration Committee as follows: 7 persons who shall be 6 appointed by and shall serve in an advisory capacity to the 7 Director. Six members must be licensed public accountants, 8 in good standing, and must be actively engaged in the 9 practice of public accounting in this State, and one member 10 of the public, who is not licensed under this Act, or a 11 similar Act of another jurisdiction, and, who has no 12 connection with the accounting or public accounting 13 profession. Members shall serve 4 year terms and until their 14 successors are appointed and qualified. No member shall be 15 reappointed to the Committee for more than 2 terms. 16 Appointments to fill vacancies shall be made in the same 17 manner as original appointments, for the unexpired portion of 18 the vacated term. The membership of the Committee should 19 reasonably reflect representation from the geographic areas 20 in this State. 21 The members of the Committee appointed by the Director 22 shall receive reasonable compensation, to be determined by 23 the Department, for the necessary, legitimate, and 24 authorized expenses approved by the Department. All expenses 25 shall be paid from the Registered Certified Public 26 Accountants' Administration and Disciplinary Fund. 27 The Director may terminate the appointment of any member 28 for cause. 29The Committee shall present an annual report to the30Department the content of which shall be specified by rule.31 The Director shall consider the advice and 32 recommendations of the Committee on questions involving 33 standards of professional conduct, discipline and 34 qualifications of candidates and licensees under this Act. SB1735 Enrolled -14- LRB9110502ACtm 1 (Source: P.A. 91-508, eff. 8-13-99.) 2 (20 ILCS 2105/2105-210 rep.) 3 Section 90. The Department of Professional Regulation 4 Law is amended by repealing Section 2105-210. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.