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Public Act 101-0269


 

Public Act 0269 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0269
 
HB2811 EnrolledLRB101 10814 AMC 55944 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.30 and by adding Section 4.40 as follows:
 
    (5 ILCS 80/4.30)
    Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and
Disciplinary Act.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
    The Perfusionist Practice Act.
    The Pharmacy Practice Act.
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18.)
 
    (5 ILCS 80/4.40 new)
    Sec. 4.40. Act repealed on January 1, 2030. The following
Act is repealed on January 1, 2030:
    The Orthotics, Prosthetics, and Pedorthics Practice Act.
 
    Section 10. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Sections 10, 25, 30, 35,
40, 90, 95, 100, 105, 130, 150, 155, 160, and 170 and by adding
Sections 10.5 and 180 as follows:
 
    (225 ILCS 84/10)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 10. Definitions. As used in this Act:
    "Accredited facility" means a facility that which has been
accredited by the Center for Medicare Medicaid Services to
practice prosthetics, orthotics or pedorthics and which
represents itself to the public by title or description of
services that includes the term "prosthetic", "prosthetist",
"artificial limb", "orthotic", "orthotist", "brace",
"pedorthic", "pedorthist" or a similar title or description of
services.
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file maintained by the Department's licensure
maintenance unit. It is the duty of the applicant or licensee
to inform the Department of any change of address, and such
changes must be made either through the Department's website or
by contacting the Department.
    "Assistant" means a person who is educated and trained to
participate in comprehensive orthotic or prosthetic care while
under the supervision, as defined by rule, of a licensed
orthotist or licensed prosthetist. Assistants may perform
orthotic or prosthetic procedures and related tasks in the
management of patient care. Assistants may also fabricate,
repair, and maintain orthoses and prostheses.
    "Board" means the Board of Orthotics, Prosthetics, and
Pedorthics.
    "Custom-fabricated Custom fabricated device" means an
orthosis, prosthesis, or pedorthic device that is fabricated to
comprehensive measurements or a mold or patient model for use
by a patient in accordance with a prescription and which
requires clinical and technical judgment in its design,
fabrication, and fitting.
    "Custom-fitted Custom fitted device" means an orthosis,
prosthesis, or pedorthic device that is made to patient
measurements sized or modified for use by the patient in
accordance with a prescription and which requires clinical and
technical judgment and substantive alteration in its design.
    "Department" means the Department of Financial and
Professional Regulation.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Facility" means the business location where orthotic,
prosthetic, or pedorthic care is provided and, in the case of
an orthotic/prosthetic facility, has the appropriate clinical
and laboratory space and equipment to provide comprehensive
orthotic or prosthetic care and, in the case of a pedorthic
facility, has the appropriate clinical space and equipment to
provide pedorthic care. Licensed orthotists, prosthetists, and
pedorthists must be available to either provide care or
supervise the provision of care by unlicensed staff.
    "Licensed orthotist" or "LO" means a person licensed under
this Act to practice orthotics and who represents himself or
herself to the public by title or description of services that
includes the term "orthotic", "orthotist", "brace", or a
similar title or description of services.
    "Licensed pedorthist" or "LPed" means a person licensed
under this Act to practice pedorthics and who represents
himself or herself to the public by the title or description of
services that include the term "pedorthic", "pedorthist", or a
similar title or description of services.
    "Licensed physician" means a person licensed under the
Medical Practice Act of 1987.
    "Licensed podiatric physician" means a person licensed
under the Podiatric Medical Practice Act of 1987.
    "Licensed prosthetist" or "LP" means a person licensed
under this Act to practice prosthetics and who represents
himself or herself to the public by title or description of
services that includes the term "prosthetic", "prosthetist",
"artificial limb", or a similar title or description of
services.
    "Off-the-shelf device" means a prefabricated orthosis,
prosthesis, or pedorthic device sized or modified for use by
the patient in accordance with a prescription and that does not
require substantial clinical judgment and substantive
alteration for appropriate use.
    "Orthosis" means a custom-fabricated or custom-fitted
brace or support designed to provide for alignment, correction,
or prevention of neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity. "Orthosis" does not include
fabric or elastic supports, corsets, arch supports,
low-temperature plastic splints, trusses, elastic hoses,
canes, crutches, soft cervical collars, dental appliances, or
other similar devices carried in stock and sold as
"over-the-counter" items by a drug store, department store,
corset shop, or surgical supply facility.
    "Orthotic and Prosthetic Education Program" means a course
of instruction accredited by the Commission on Accreditation of
Allied Health Education Programs, consisting of (i) a basic
curriculum of college level instruction in math, physics,
biology, chemistry, and psychology and (ii) a specific
curriculum in orthotic or prosthetic courses, including: (A)
lectures covering pertinent anatomy, biomechanics,
pathomechanics, prosthetic-orthotic components and materials,
training and functional capabilities, prosthetic or orthotic
performance evaluation, prescription considerations, etiology
of amputations and disease processes necessitating prosthetic
or orthotic use, and medical management; (B) subject matter
related to pediatric and geriatric problems; (C) instruction in
acute care techniques, such as immediate and early
post-surgical prosthetics and fracture bracing techniques; and
(D) lectures, demonstrations, and laboratory experiences
related to the entire process of measuring, casting, fitting,
fabricating, aligning, and completing prostheses or orthoses.
    "Orthotic and prosthetic scope of practice" means a list of
tasks, with relative weight given to such factors as
importance, criticality, and frequency, based on
internationally accepted standards of orthotic and prosthetic
care as outlined by the International Society of Prosthetics
and Orthotics' professional profile for Category I and Category
III orthotic and prosthetic personnel.
    "Orthotics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing an orthosis under an order from a
licensed physician or podiatric physician for the correction or
alleviation of neuromuscular or musculoskeletal dysfunction,
disease, injury, or deformity.
    "Orthotist" means a health care professional, specifically
educated and trained in orthotic patient care, who measures,
designs, fabricates, fits, or services orthoses and may assist
in the formulation of the order and treatment plan of orthoses
for the support or correction of disabilities caused by
neuro-musculoskeletal diseases, injuries, or deformities.
    "Over-the-counter" means a prefabricated, mass-produced
device that is prepackaged and requires no professional advice
or judgment judgement in either size selection or use,
including fabric or elastic supports, corsets, generic arch
supports, elastic hoses.
    "Pedorthic device" means therapeutic shoes (e.g. diabetic
shoes and inserts), shoe modifications made for therapeutic
purposes, below the ankle partial foot prostheses, and foot
orthoses for use at the ankle or below. It also includes
subtalar-control foot orthoses designed to manage the function
of the anatomy by controlling the range of motion of the
subtalar joint. Excluding footwear, the proximal height of a
custom pedorthic device does not extend beyond the junction of
the gastrocnemius and the Achilles tendon. Pedorthic devices do
not include non-therapeutic inlays or footwear regardless of
method of manufacture; unmodified, non-therapeutic
over-the-counter shoes; or prefabricated foot care products.
"Therapeutic" devices address a medical condition, diagnosed
by a prescribing medical professional, while "non-therapeutic"
devices do not address a medical condition.
    "Pedorthic education program" means an educational program
accredited by the National Commission on Orthotic and
Prosthetic Education consisting of (i) a basic curriculum of
instruction in foot-related pathology of diseases, anatomy,
and biomechanics and (ii) a specific curriculum in pedorthic
courses, including lectures covering shoes, foot orthoses, and
shoe modifications, pedorthic components and materials,
training and functional capabilities, pedorthic performance
evaluation, prescription considerations, etiology of disease
processes necessitating use of pedorthic devices, medical
management, subject matter related to pediatric and geriatric
problems, and lectures, demonstrations, and laboratory
experiences related to the entire process of measuring and
casting, fitting, fabricating, aligning, and completing
pedorthic devices.
    "Pedorthic scope of practice" means a list of tasks with
relative weight given to such factors as importance,
criticality, and frequency based on nationally accepted
standards of pedorthic care as outlined by the National
Commission on Orthotic and Prosthetic Education comprehensive
analysis with an empirical validation study of the profession
performed by an independent testing company.
    "Pedorthics" means the science and practice of evaluating,
measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing a pedorthic device under an order from
a licensed physician or podiatric physician for the correction
or alleviation of neuromuscular or musculoskeletal
dysfunction, disease, injury, or deformity.
    "Pedorthist" means a health care professional,
specifically educated and trained in pedorthic patient care,
who measures, designs, fabricates, fits, or services pedorthic
devices and may assist in the formulation of the order and
treatment plan of pedorthic devices for the support or
correction of disabilities caused by neuro-musculoskeletal
diseases, injuries, or deformities.
    "Person" means a natural person.
    "Prosthesis" means an artificial medical device that is not
surgically implanted and that is used to replace a missing
limb, appendage, or any other external human body part
including an artificial limb, hand, or foot. "Prosthesis" does
not include artificial eyes, ears, fingers, or toes, dental
appliances, cosmetic devices such as artificial breasts,
eyelashes, or wigs, or other devices that do not have a
significant impact on the musculoskeletal functions of the
body.
    "Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling,
fitting, adjusting, or servicing a prosthesis under an order
from a licensed physician.
    "Prosthetist" means a health care professional,
specifically educated and trained in prosthetic patient care,
who measures, designs, fabricates, fits, or services
prostheses and may assist in the formulation of the order and
treatment plan of prostheses for the replacement of external
parts of the human body lost due to amputation or congenital
deformities or absences.
    "Prosthetist/orthotist" means a person who practices both
disciplines of prosthetics and orthotics and who represents
himself or herself to the public by title or by description of
services. A person who is currently licensed by the State as
both a licensed prosthetist and a licensed orthotist may use
the title "Licensed Prosthetist Orthotist" or "LPO".
    "Resident" means a person who has completed an education
program in either orthotics or prosthetics and is continuing
his or her clinical education in a residency accredited by the
National Commission on Orthotic and Prosthetic Education.
    "Residency" means a minimum of a one-year approved
supervised program to acquire practical clinical training in
orthotics or prosthetics in a patient care setting.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
    "Technician" means a person who assists an orthotist,
prosthetist, prosthetist/orthotist, or pedorthist with
fabrication of orthoses, prostheses, or pedorthic devices but
does not provide direct patient care.
(Source: P.A. 98-214, eff. 8-9-13.)
 
    (225 ILCS 84/10.5 new)
    Sec. 10.5. Address of record; email address of record. All
applicants and licensees shall:
        (1) provide a valid address and email address to the
    Department, which shall serve as the address of record and
    email address of record, respectively, at the time of
    application for licensure or renewal of a license; and
        (2) inform the Department of any change of address of
    record or email address of record within 14 days after such
    change either through the Department's website or by
    contacting the Department's licensure maintenance unit.
 
    (225 ILCS 84/25)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 25. Board of Orthotics, Prosthetics, and Pedorthics.
    (a) There is established a Board of Orthotics, Prosthetics,
and Pedorthics, which shall consist of 6 voting members to be
appointed by the Secretary. Three members shall be practicing
licensed orthotists, licensed prosthetists, or licensed
pedorthists. These members may be licensed in more than one
discipline and their appointments must equally represent all 3
disciplines. One member shall be a member of the public who is
a consumer of orthotic, prosthetic, or pedorthic professional
services. One member shall be a public member who is not
licensed under this Act or a consumer of services licensed
under this Act. One member shall be a licensed physician.
    (b) Each member of the Board shall serve a term of 3 years,
except that of the initial appointments to the Board, 2 members
shall be appointed for one year, 2 members shall be appointed
for 2 years, and 2 members shall be appointed for 3 years. Each
member shall hold office and execute his or her Board
responsibilities until the qualification and appointment of
his or her successor. No member of the Board shall serve more
than 8 consecutive years or 2 full terms, whichever is greater.
    (c) Members of the Board shall receive as compensation a
reasonable sum as determined by the Secretary for each day
actually engaged in the duties of the office and shall be
reimbursed for all legitimate, necessary, and authorized
reasonable expenses incurred in performing the duties of the
office.
    (d) Four members of the Board shall constitute a quorum. A
quorum is required for all Board decisions.
    (e) The Secretary may terminate the appointment of any
member for cause which, in the opinion of the Secretary
reasonably justifies termination, which may include, but is not
limited to, a Board member who does not attend 2 consecutive
meetings.
    (f) Membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/30)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 30. Board; immunity; chairperson.
    (a) A member Members of the Board has no liability shall be
immune from suit in any action based upon a any disciplinary
proceeding or other activity activities performed in good faith
as a member members of the Board.
    (b) The Board shall annually elect a chairperson and vice
chairperson who shall be licensed under this Act.
(Source: P.A. 91-590, eff. 1-1-00.)
 
    (225 ILCS 84/35)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 35. Application for original license. An application
for an original license shall be made to the Department in
writing on a form prescribed by the Department and shall be
accompanied by the required fee, which shall not be refundable.
An application shall require information that in the judgment
judgement of the Department will enable the Department to pass
on the qualifications of the applicant for a license.
(Source: P.A. 91-590, eff. 1-1-00.)
 
    (225 ILCS 84/40)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 40. Qualifications for licensure as orthotist,
prosthetist, or pedorthist.
    (a) To qualify for a license to practice orthotics or
prosthetics, a person shall:
        (1) possess a baccalaureate degree or higher from a
    college or university;
        (2) have completed the amount of formal training,
    including, but not limited to, any hours of classroom
    education and clinical practice established and approved
    by the Department;
        (3) complete a clinical residency in the professional
    area for which a license is sought in accordance with
    standards, guidelines, or procedures for residencies
    inside or outside this State established and approved by
    the Department. The majority of training must be devoted to
    services performed under the supervision of a licensed
    practitioner of orthotics or prosthetics or a person
    certified as a Certified Orthotist (CO), Certified
    Prosthetist (CP), or Certified Prosthetist Orthotist (CPO)
    whose practice is located outside of the State;
        (4) pass all written, practical, and oral examinations
    that are required and approved by the Department; and
        (5) be qualified to practice in accordance with
    internationally accepted standards of orthotic and
    prosthetic care.
    (b) To qualify for a license to practice pedorthics, a
person shall:
        (1) submit proof of a high school diploma or its
    equivalent;
        (2) have completed the amount of formal training,
    including, but not limited to, any hours of classroom
    education and clinical practice established and approved
    by the Department;
        (3) complete a qualified work experience program or
    internship in pedorthics that has a minimum of 1,000 hours
    of pedorthic patient care experience in accordance with any
    standards, guidelines, or procedures established and
    approved by the Department. The majority of training must
    be devoted to services performed under the supervision of a
    licensed practitioner of pedorthics or a person certified
    as a Certified Pedorthist (C.Ped) whose practice is located
    outside of the State;
        (4) pass all examinations that are required and
    approved by the Department; and
        (5) be qualified to practice in accordance with
    nationally accepted standards of pedorthic care.
    (c) The standards and requirements for licensure
established by the Department shall be substantially equal to
or in excess of standards commonly accepted in the profession
of orthotics, prosthetics, or pedorthics. The Department shall
adopt rules as necessary to set the standards and requirements.
    (d) A person may be licensed in more than one discipline.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/90)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 90. Grounds for discipline.
    (a) The Department may refuse to issue or renew a license,
or may revoke or suspend a license, or may suspend, place on
probation, or reprimand a licensee or take other disciplinary
or non-disciplinary action as the Department may deem proper,
including, but not limited to, the imposition of fines not to
exceed $10,000 for each violation for one or any combination of
the following:
        (1) Making a material misstatement in furnishing
    information to the Department or the Board.
        (2) Violations of or negligent or intentional
    disregard of this Act or its rules.
        (3) Conviction of, or entry of a plea of guilty or nolo
    contendere, finding of guilt, jury verdict, or entry of
    judgment or sentencing, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation to any
    crime that is a felony under the laws of the United States
    or any state or territory thereof or that is (i) a felony,
    or (ii) a misdemeanor, of which an essential element of
    which is dishonesty, or any crime that is directly related
    to the practice of the profession.
        (4) Making a misrepresentation for the purpose of
    obtaining a license under this Act or in connection with
    applying for renewal or restoration of a license under this
    Act.
        (5) A pattern of practice or other behavior that
    demonstrates incapacity or incompetence to practice under
    this Act.
        (6) Gross negligence under this Act.
        (7) Aiding or assisting another person in violating a
    provision of this Act or its rules.
        (8) Failing to provide information within 60 days in
    response to a written request made by the Department.
        (9) Engaging in dishonorable, unethical, or
    unprofessional conduct or conduct of a character likely to
    deceive, defraud, or harm the public.
        (10) Inability to practice with reasonable judgment,
    skill, or safety as a result of habitual or excessive use
    or addiction to alcohol, narcotics, stimulants, or any
    other chemical agent or drug.
        (11) Discipline by another state or territory of the
    United States, the federal government, or foreign nation,
    if at least one of the grounds for the discipline is the
    same or substantially equivalent to one set forth in this
    Section.
        (12) Directly or indirectly giving to or receiving from
    a person, firm, corporation, partnership, or association a
    fee, commission, rebate, or other form of compensation for
    professional services not actually or personally rendered.
    Nothing in this paragraph (12) affects any bona fide
    independent contractor or employment arrangements among
    health care professionals, health facilities, health care
    providers, or other entities, except as otherwise
    prohibited by law. Any employment arrangements may include
    provisions for compensation, health insurance, pension, or
    other employment benefits for the provision of services
    within the scope of the licensee's practice under this Act.
    Nothing in this paragraph (12) shall be construed to
    require an employment arrangement to receive professional
    fees for services rendered.
        (13) A finding by the Board that the licensee or
    registrant, after having his or her license placed on
    probationary status, has violated the terms of probation or
    failed to comply with such terms.
        (14) Abandonment of a patient or client.
        (15) Willfully making or filing false records or
    reports related to the licensee's in his or her practice,
    including, but not limited to, false records filed with
    federal or State agencies or departments.
        (16) Willfully failing to report an instance of
    suspected child abuse, or neglect, financial exploitation,
    or self-neglect of an eligible child or adult as required
    by the Abused and Neglected Child Reporting Act and the
    Adult Protective Services Act.
        (17) Inability to practice the profession with
    reasonable judgment, skill, or safety as a result of a
    physical illness, including, but not limited to,
    deterioration through the aging process or loss of motor
    skill, or a mental illness or disability.
        (18) Solicitation of professional services using false
    or misleading advertising.
    (b) In enforcing this Section, the Department or Board upon
a showing of a possible violation, may compel a licensee or
applicant to submit to a mental or physical examination, or
both, as required by and at the expense of the Department. The
Department or Board may order the examining physician to
present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physicians shall be
specifically designated by the Board or Department. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of this examination. Failure of an individual to submit
to a mental or physical examination, when directed, shall be
grounds for the immediate suspension of his or her license
until the individual submits to the examination if the
Department finds that the refusal to submit to the examination
was without reasonable cause as defined by rule.
    If In instances in which the Secretary immediately suspends
a person's license for his or her failure to submit to a mental
or physical examination, when directed, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay.
    If In instances in which the Secretary otherwise suspends a
person's license pursuant to the results of a compelled mental
or physical examination, a hearing on that person's license
must be convened by the Department within 15 days after the
suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
    An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    (c) (Blank).
    (d) If In cases where the Department of Healthcare and
Family Services (formerly Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department, the Department may refuse to issue or renew or may
revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with subsection
(a)(5) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois (20
ILCS 2105/2105-15).
    (e) The Department shall may refuse to issue or renew a
license, or may revoke or suspend a license, for failure to
file a return, to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Department of Professional Regulation
Law of the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15).
(Source: P.A. 100-872, eff. 8-14-18.)
 
    (225 ILCS 84/95)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 95. Injunction; cease and desist order.
    (a) If any person, company, or corporation violates a
provision of this Act, the Secretary may, in the name of the
People of the State of Illinois and through the Attorney
General of the State of Illinois or the State's Attorney of the
county in which the violation is alleged to have occurred,
petition for an order enjoining the violation or for an order
enforcing compliance with this Act. Upon the filing of a
verified petition in court, the court may issue a temporary
restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person, company, or corporation has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
    (b) (Blank). If a person practices as an orthotist,
prosthetist, or pedorthist or holds himself or herself out as
an orthotist, prosthetist, or pedorthist without being
licensed under the provisions of this Act, then any other
licensed orthotist, prosthetist, or pedorthist, any interested
party, or any person injured by the person may, in addition to
the Secretary, petition for relief as provided in subsection
(a) of this Section.
    (c) (Blank). If a company or corporation holds itself out
to provide orthotic, prosthetic, or pedorthic services without
having an orthotist, prosthetist, or pedorthist licensed under
the provisions of this Act on its staff to provide those
services, then any other licensed orthotist, prosthetist, or
pedorthist or any interested party or injured person may, in
addition to the Secretary, petition for relief as provided in
subsection (a) of this Section.
    (d) If, Whenever in the opinion of the Department, a
person, company, or corporation violates a provision of this
Act, the Department may issue a rule to show cause why an order
to cease and desist should not be entered against him, her, or
it. The rule shall clearly set forth the grounds relied upon by
the Department and shall provide a period of 7 days from the
date of the rule to file an answer to the satisfaction of the
Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be
issued immediately.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/100)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 100. Investigations; notice and hearing.
    (a) The Department may investigate the actions of any an
applicant or of any a person or persons holding or claiming to
hold a license under this Act.
    (b) The Department may also investigate the actions of a
company or corporation that holds itself out to provide
orthotic, prosthetic, or pedorthic services with or without
having an orthotist, prosthetist, or pedorthist licensed under
the provisions of this Act on its staff to provide those
services.
    (c) The Department shall, before disciplining an applicant
or licensee, at least 30 days before the date set for the
hearing: (i) notify, in writing, the applicant or licensee of
the charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer to the
charges under oath within 20 days after service of the notice,
and (iii) inform the applicant or licensee that failure to file
an answer will result in a default being entered against the
applicant or licensee. Before refusing to issue or renew a
license or taking any other disciplinary action with respect to
a license, the Department shall, at least 30 days prior to the
date set for the hearing, notify in writing the applicant for
or holder of a license of the nature of the charges and that a
hearing will be held on the date designated. The written notice
may be served by personal delivery or by certified or
registered mail to the respondent at the address of record with
the Department. At the time and place fixed in the notice, the
Board shall proceed to hear the charges. The parties or their
counsel shall be afforded ample opportunity to present
statements, testimony, evidence, and argument that may be
pertinent to the charges or to the defense to the charges. The
Board may continue the hearing from time to time.
    (d) At the time and place fixed in the notice, the Board or
hearing officer appointed by the Secretary shall proceed to
hear the charges and the applicant or licensee or his or her
counsel shall be accorded ample opportunity to present any
statement, testimony, evidence, and argument as may be
pertinent to the charges or to his or her defense. The Board or
hearing officer may continue the hearing from time to time.
    (e) In case the person, after receiving the notice, fails
to file an answer, his or her license may, in the discretion of
the Secretary, having first received the recommendation of the
Board, be suspended, revoked, or placed on probationary status
or be subject to whatever disciplinary action the Secretary
considers proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/105)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 105. Record of proceedings; transcript. The
Department, at its own expense, shall preserve a record of all
proceedings at the formal hearing of any case. The notice of
hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcripts of testimony, the report of the Board, and orders
of the Department shall be in the record of the proceeding.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/130)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 130. Appointment of hearing officer. The Secretary
shall have the authority to appoint an attorney licensed to
practice law in the State of Illinois to serve as a hearing
officer in an action for refusal to issue or renew a license or
to discipline a licensee. The hearing officer shall have full
authority to conduct the hearing. The hearing officer shall
report his or her findings and recommendations to the Board and
the Secretary. The Board shall have 60 days from receipt of the
report to review the report of the hearing officer and present
its findings of fact, conclusions of law, and recommendations
to the Secretary. If the Board fails to present its report
within the 60-day period, the Secretary shall issue an order
based on the report of the hearing officer. If the Secretary
determines that the Board's report is contrary to the manifest
weight of the evidence, he or she may issue an order in
contravention of the Board's report. Nothing in this Section
shall prohibit a Board member from attending an informal
conference and such participation shall not be grounds for
recusal from any other proceeding.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/150)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 150. Temporary suspension of a license. The Secretary
may temporarily suspend the license of an orthotist,
prosthetist, or pedorthist without a hearing simultaneously
with the institution of proceedings for a hearing under
provided for in Section 95 of this Act if the Secretary finds
that evidence in his or her possession indicates that a
licensee's continuation in practice would constitute an
imminent danger to the public. If the Secretary temporarily
suspends a license without a hearing, a hearing by the Board
must be held within 30 days after the suspension and completed
without appreciable delay.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/155)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 155. Administrative Review Law; venue. All final
administrative decisions of the Department are subject to
judicial review pursuant to the provisions of the
Administrative Review Law and all its rules adopted pursuant
thereto. The term "administrative decision" has the same
meaning as in Section 3-101 of the Administrative Review Law.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(Source: P.A. 91-590, eff. 1-1-00.)
 
    (225 ILCS 84/160)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 160. Certifications of record; costs. The Department
shall not be required to certify any record to the court or
file any answer in court or to otherwise appear in any court in
a judicial review proceeding unless and until the Department
has received from the plaintiff there is filed in the court
with the complaint a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which cost shall be determined by the Department. Failure on
the part of a plaintiff to file a receipt in court shall be
grounds for dismissal of the action. During the pendency and
hearing of any and all judicial proceedings incident to a
disciplinary action, the sanctions imposed upon the plaintiff
by the Department shall remain in full force and effect.
(Source: P.A. 96-682, eff. 8-25-09.)
 
    (225 ILCS 84/170)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 170. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated in this Act as if all of the
provisions of that Act were included in this Act, except that
the provision of subsection (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at
hearings the licensee has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
the license, is specifically excluded and for purposes of this
Act. The notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
or emailed to the last known address or email address of record
a party.
(Source: P.A. 91-590, eff. 1-1-00.)
 
    (225 ILCS 84/180 new)
    Sec. 180. Confidentiality. All information collected by
the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement
agency shall not be disclosed by the agency for any purpose to
any other agency or person. A formal complaint filed against a
licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
 
    (225 ILCS 84/80 rep.)
    Section 15. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by repealing Section 80.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2019