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92_HB4873ham001 LRB9212096ACcdam01 1 AMENDMENT TO HOUSE BILL 4873 2 AMENDMENT NO. . Amend House Bill 4873 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Regulatory Sunset Act is amended by 5 changing Sections 4.13 and 4.17 as follows: 6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13) 7 Sec. 4.13. Acts repealed on December 31, 2002. The 8 following Acts are repealed on December 31, 2002: 9
The Environmental Health Practitioner Licensing Act.10 The Naprapathic Practice Act. 11 The Wholesale Drug Distribution Licensing Act. 12 The Dietetic and Nutrition Services Practice Act. 13 The Funeral Directors and Embalmers Licensing Code. 14 The Professional Counselor and Clinical Professional 15 Counselor Licensing Act. 16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.) 17 (5 ILCS 80/4.17) 18 Sec. 4.17. Acts repealed on January 1, 2007. The 19 following are repealed on January 1, 2007: 20 The Boiler and Pressure Vessel Repairer Regulation 21 Act. -2- LRB9212096ACcdam01 1 The Structural Pest Control Act. 2 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB, 3 VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois 4 Insurance Code. 5 The Clinical Psychologist Licensing Act. 6 The Illinois Optometric Practice Act of 1987. 7 The Medical Practice Act of 1987. 8 The Environmental Health Practitioner Licensing Act. 9 (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96; 10 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.) 11 Section 10. The Environmental Health Practitioner 12 Licensing Act is amended by changing Sections 15, 26, and 35 13 and adding Section 56 as follows: 14 (225 ILCS 37/15) 15 (Section scheduled to be repealed on December 31, 2002) 16 Sec. 15. License requirement. 17 (a) It shall be unlawful for any person to engage in an 18 environmental health practice after the effective date of 19 this amendatory Act of the 92nd General Assembly December 31,20 1996unless the person is licensed by the Department as an 21 environmental health practitioner or an environmental health 22 practitioner in training. 23 (b) It is the responsibility of an individual required 24 to be licensed under this Act to obtain a license and to pay 25 all necessary fees, not the responsibility of his or her 26 employer. 27 (Source: P.A. 89-61, eff. 6-30-95.) 28 (225 ILCS 37/26) 29 (Section scheduled to be repealed on December 31, 2002) 30 Sec. 26. Examination for registration as an 31 environmental health practitioner. -3- LRB9212096ACcdam01 1 (a) Beginning June 30, 1995, only persons who meet the 2 educational and experience requirements of Section 20 and who 3 pass the examination authorized by the Department shall be 4 licensed. Persons who meet the requirements of subsection5 (b) of Section 21 or Section 30 shall not be required to take6 and pass the examination.7 (b) Applicants for examination as environmental health 8 practitioners shall be required to pay, either to the 9 Department or the designated testing service, a fee covering 10 the cost of providing the examination. 11 (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97; 12 90-14, eff. 7-1-97.) 13 (225 ILCS 37/35) 14 (Section scheduled to be repealed on December 31, 2002) 15 Sec. 35. Grounds for discipline. 16 (a) The Department may refuse to issue or renew, or may 17 revoke, suspend, place on probation, reprimand, or take other 18 disciplinary action with regard to any license issued under 19 this Act as the Department may consider proper, including the 20 imposition of fines not to exceed $5,000 for each violation, 21 for any one or combination of the following causes: 22 (1) Material misstatement in furnishing information 23 to the Department. 24 (2) Violations of this Act or its rules. 25 (3) Conviction of any felony under the laws of any 26 U.S. jurisdiction, any misdemeanor an essential element 27 of which is dishonesty, or any crime that is directly 28 related to the practice of the profession. 29 (4) Making any misrepresentation for the purpose of 30 obtaining a certificate of registration. 31 (5) Professional incompetence. 32 (6) Aiding or assisting another person in violating 33 any provision of this Act or its rules. -4- LRB9212096ACcdam01 1 (7) Failing to provide information within 60 days 2 in response to a written request made by the Department. 3 (8) Engaging in dishonorable, unethical, or 4 unprofessional conduct of a character likely to deceive, 5 defraud, or harm the public as defined by rules of the 6 Department. 7 (9) Habitual or excessive use or addiction to 8 alcohol, narcotics, stimulants, or any other chemical 9 agent or drug that results in an environmental health 10 practitioner's inability to practice with reasonable 11 judgment, skill, or safety. 12 (10) Discipline by another U.S. jurisdiction or 13 foreign nation, if at least one of the grounds for a 14 discipline is the same or substantially equivalent to 15 those set forth in this Act. 16 (11) A finding by the Department that the 17 registrant, after having his or her license placed on 18 probationary status, has violated the terms of probation. 19 (12) Willfully making or filing false records or 20 reports in his or her practice, including, but not 21 limited to, false records filed with State agencies or 22 departments. 23 (13) Physical illness, including, but not limited 24 to, deterioration through the aging process or loss of 25 motor skills that result in the inability to practice the 26 profession with reasonable judgment, skill, or safety. 27 (14) Failure to comply with rules promulgated by 28 the Illinois Department of Public Health or other State 29 agencies related to the practice of environmental health. 30 (15) The Department shall deny any application for 31 a license or renewal of a license under this Act, without 32 hearing, to a person who has defaulted on an educational 33 loan guaranteed by the Illinois Student Assistance 34 Commission; however, the Department may issue a license -5- LRB9212096ACcdam01 1 or renewal of a license if the person in default has 2 established a satisfactory repayment record as determined 3 by the Illinois Student Assistance Commission. 4 (16) Solicitation of professional services by using 5 false or misleading advertising. 6 (17) A finding that the license has been applied 7 for or obtained by fraudulent means. 8 (18) Practicing or attempting to practice under a 9 name other than the full name as shown on the license or 10 any other legally authorized name. 11 (19) Gross overcharging for professional services 12 including filing statements for collection of fees or 13 moneys for which services are not rendered. 14 (b) The Department may refuse to issue or may suspend 15 the license of any person who fails to (i) file a return, 16 (ii) pay the tax, penalty, or interest shown in a filed 17 return; or (iii) pay any final assessment of the tax, 18 penalty, or interest as required by any tax Act administered 19 by the Illinois Department of Revenue until the requirements 20 of the tax Act are satisfied. 21 (c) The determination by a circuit court that a licensee 22 is subject to involuntary admission or judicial admission to 23 a mental health facility as provided in the Mental Health and 24 Developmental Disabilities Code operates as an automatic 25 suspension. The suspension may end only upon a finding by a 26 court that the licensee is no longer subject to involuntary 27 admission or judicial admission, the issuance of an order so 28 finding and discharging the patient, and the recommendation 29 of the Board to the Director that the licensee be allowed to 30 resume practice. 31 (d) In enforcing this Section, the Department, upon a 32 showing of a possible violation, may compel any person 33 licensed to practice under this Act or who has applied for 34 licensure or certification pursuant to this Act to submit to -6- LRB9212096ACcdam01 1 a mental or physical examination, or both, as required by and 2 at the expense of the Department. The examining physicians 3 shall be those specifically designated by the Department. The 4 Department may order the examining physician to present 5 testimony concerning this mental or physical examination of 6 the licensee or applicant. No information shall be excluded 7 by reason of any common law or statutory privilege relating 8 to communications between the licensee or applicant and the 9 examining physician. The person to be examined may have, at 10 his or her own expense, another physician of his or her 11 choice present during all aspects of the examination. Failure 12 of any person to submit to a mental or physical examination, 13 when directed, shall be grounds for suspension of a license 14 until the person submits to the examination if the Department 15 finds, after notice and hearing, that the refusal to submit 16 to the examination was without reasonable cause. 17 If the Department finds an individual unable to practice 18 because of the reasons set forth in this Section, the 19 Department may require that individual to submit to care, 20 counseling, or treatment by physicians approved or designated 21 by the Department, as a condition, term, or restriction for 22 continued, reinstated, or renewed licensure to practice or, 23 in lieu of care, counseling, or treatment, the Department may 24 file a complaint to immediately suspend, revoke, or otherwise 25 discipline the license of the individual. 26 Any person whose license was granted, continued, 27 reinstated, renewed, disciplined, or supervised subject to 28 such terms, conditions, or restrictions and who fails to 29 comply with such terms, conditions, or restrictions shall be 30 referred to the Director for a determination as to whether 31 the person shall have his or her license suspended 32 immediately, pending a hearing by the Department. 33 In instances in which the Director immediately suspends a 34 person's license under this Section, a hearing on that -7- LRB9212096ACcdam01 1 person's license must be convened by the Department within 15 2 days after the suspension and completed without appreciable 3 delay. The Department shall have the authority to review the 4 subject person's record of treatment and counseling regarding 5 the impairment, to the extent permitted by applicable federal 6 statutes and regulations safeguarding the confidentiality of 7 medical records. 8 A person licensed under this Act and affected under this 9 Section shall be afforded an opportunity to demonstrate to 10 the Department that he or she can resume practice in 11 compliance with acceptable and prevailing standards under the 12 provisions of his or her license. 13 (Source: P.A. 89-61, eff. 6-30-95.) 14 (225 ILCS 37/56 new) 15 Sec. 56. Unlicensed practice; violation; civil penalty. 16 (a) Any person who practices, offers to practice, 17 attempts to practice, or holds himself or herself out to 18 practice environmental health without being licensed under 19 this Act shall, in addition to any other penalty provided by 20 law, pay a civil penalty to the Department in an amount not 21 to exceed $5,000 for each offense as determined by the 22 Department. The civil penalty shall be assessed by the 23 Department after a hearing is held in accordance with the 24 provisions set forth in this Act regarding the provision of a 25 hearing for the discipline of a licensee. 26 (b) The Department has the authority and power to 27 investigate any and all unlicensed activity. 28 (c) The civil penalty shall be paid within 60 days after 29 the effective date of the order imposing the civil penalty. 30 The order shall constitute a judgment and may be filed and 31 execution had thereon in the same manner as any judgment from 32 any court of record. -8- LRB9212096ACcdam01 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.".
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