State of Illinois
91st General Assembly
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Public Act 91-0580

SB124 Enrolled                                 LRB9102224ACdv

    AN ACT concerning the regulation of perfusionists.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.   Short  title.  This Act may be cited as the
Perfusionist Practice Act.

    Section  5.   Objects  and  purposes.   Practice   as   a
perfusionist  in  the State of Illinois is declared to affect
the public health, safety, and welfare and to be  subject  to
regulation  and  control in the public interest.  The purpose
and legislative intent  of  this  Act  is  to  encourage  and
promote  the  more  effective  utilization  of  the skills of
physicians  by  enabling  them  to  delegate  certain  health
related procedures to perfusionists when  the  delegation  is
consistent  with the health and welfare of the patient and is
conducted at the  direction  of  and  under  the  responsible
supervision of the physician.
    It  is  further  declared to be a matter of public health
and concern that the practice as  a  perfusionist  merit  and
receive  the  confidence  of  the public and, therefore, that
only  qualified  persons  be  authorized   to   practice   as
perfusionists  in  the  State of Illinois.  This Act shall be
liberally construed to best  carry  out  these  subjects  and
purposes.

    Section 10.  Definitions.  As used in this Act:
    "Board" means the Board of Perfusion.
    "Department"   means   the   Department  of  Professional
Regulation.
    "Director" means the Director of Professional Regulation.
    "Extracorporeal circulation" means  the  diversion  of  a
patient's  blood  through  a  heart-lung machine or a similar
device that assumes the functions  of  the  patient's  heart,
lungs, kidney, liver, or other organs.
    "New   graduate   perfusionist"   means   a  perfusionist
practicing within a period of one  year  since  the  date  of
graduation  from  a  Commission  on  Accreditation  of Allied
Health  Education  Programs  accredited  perfusion  education
program.
    "Perfusion"  means  the  functions  necessary   for   the
support,  treatment,  measurement,  or supplementation of the
cardiovascular systems or other organs, or a  combination  of
those  functions,  and  to  ensure  the  safe  management  of
physiologic   functions   by  monitoring  and  analyzing  the
parameters of the  systems  under  an  order  and  under  the
supervision  of  a physician licensed to practice medicine in
all its branches.
    "Perfusionist" means a person, qualified by academic  and
clinical education, to operate the extracorporeal circulation
equipment  during any medical situation where it is necessary
to   support   or   replace   a   person's   cardiopulmonary,
circulatory,  or  respiratory  function.  A  perfusionist  is
responsible for the selection of  appropriate  equipment  and
techniques  necessary for support, treatment, measurement, or
supplementation of the cardiopulmonary and circulatory system
of a patient, including the safe  monitoring,  analysis,  and
treatment  of physiologic conditions under an order and under
the supervision of a physician licensed to practice  medicine
in  all  its  branches  and in coordination with a registered
professional nurse.
    "Perfusion protocols" means  perfusion  related  policies
and  protocols  developed  or  approved  by a licensed health
facility  or   a   physician   through   collaboration   with
administrators, licensed perfusionists, and other health care
professionals.
    "Physician"  or  "operating  physician"  means  a  person
licensed  to  practice  medicine in all of its branches under
the Medical Practice Act of 1987.

    Section 15.  Powers and duties of the Department.
    (a)  The Department shall exercise the powers and  duties
prescribed  by  the Civil Administrative Code of Illinois for
the administration of licensing Acts and shall  exercise  any
other  powers  and  duties  necessary  for  effectuating  the
purposes of this Act.
    (b)  The  Department  may adopt rules consistent with the
provisions of this Act for its administration and enforcement
and may prescribe forms that shall be  issued  in  connection
with  this  Act. The rules may include but are not limited to
standards and criteria for licensure,  professional  conduct,
and discipline.

    Section 20. Illinois Administrative Procedure Act; rules.
    (a)  The   Illinois   Administrative   Procedure  Act  is
expressly adopted and incorporated in this Act as if  all  of
the  provisions  of the Illinois Administrative Procedure Act
were included in this  Act,  except  that  the  provision  of
subsection   (d)   of   Section   10-65   of   the   Illinois
Administrative  Procedure  Act that 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. For purposes of this Act,
the notice required  under  Section  10-25  of  the  Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of a party.
    (b)  The   Director   may   promulgate   rules   for  the
administration and enforcement of this Act and may  prescribe
forms to be issued in connection with this Act.

    Section  25.  Board  of  Perfusion.   The  Director shall
appoint a Board of Perfusion to  consist  of  5  persons  who
shall be appointed by and shall serve in an advisory capacity
to  the Director.  Two members must hold an active license to
engage in the practice of perfusion in this State, one member
must be a physician licensed under the Medical  Practice  Act
of 1987 who is board certified in and actively engaged in the
practice  of  cardiothoracic  surgery,  one  member must be a
licensed  registered  professional  nurse  certified  by  the
Association of Operating Room Nurses, and one member must  be
a  member of the public who is not licensed under this Act or
a  similar  Act  of  another  jurisdiction  and  who  has  no
connection with the profession.  The initial  appointees  who
would  otherwise  be  required  to  be licensed perfusionists
shall  instead  be  individuals  who  have  been   practicing
perfusion  for  at  least  5 years and who are eligible under
this Act for licensure as perfusionists.
    Members  shall  serve  4-year  terms  and   until   their
successors  are  appointed and qualified, except that, of the
initial appointments, 2 members shall be appointed  to  serve
for  2  years,  2  members  shall be appointed to serve for 3
years, and 1 member shall be appointed to serve for 4  years,
and  until  their successors are appointed and qualified.  No
member shall be reappointed to the  Board  for  a  term  that
would  cause his or her continuous service on the Board to be
longer  than  8  consecutive  years.   Appointments  to  fill
vacancies shall be  made  in  the  same  manner  as  original
appointments  for  the unexpired portion of the vacated term.
Initial terms shall begin upon the  effective  date  of  this
Act.
    The  Board  shall  annually  elect  a  chairperson  and a
vice-chairperson who shall preside  in  the  absence  of  the
chairperson.   The  membership of the Board should reasonably
reflect representation from the various geographic  areas  in
this  State.   The  Director may terminate the appointment of
any  member  for  cause.    The   Director   may   give   due
consideration   to  all  recommendations  of  the  Board.   A
majority of  the  Board  members  currently  appointed  shall
constitute  a  quorum.   A  vacancy  in the membership of the
Board shall not impair the right of a quorum to exercise  the
rights  and  perform all the duties of the Board.  Members of
the Board shall have no liability in any  action  based  upon
any  disciplinary  proceeding  or other activity performed in
good faith as a member of the Board.

    Section 30.  Application for licensure.   An  application
for  an  initial  license  shall be made to the Department in
writing on forms prescribed by the Department  and  shall  be
accompanied   by   the   required   nonrefundable   fee.   An
application shall require information that, in  the  judgment
of the Department, will enable the Department to evaluate the
qualifications of an applicant for licensure.
    If  an applicant fails to obtain a license under this Act
within 3 years after  filing  his  or  her  application,  the
application  shall  be  denied.  The applicant may make a new
application, which  shall  be  accompanied  by  the  required
nonrefundable  fee.   The applicant shall be required to meet
the qualifications required for  licensure  at  the  time  of
reapplication.
    A   person   shall   be  qualified  for  licensure  as  a
perfusionist if that person:
         (1)  has applied to the Department for licensure  in
    accordance with this Section;
         (2)  has  not violated a provision of Section 110 of
    this Act;  in  addition  the  Department  may  take  into
    consideration any felony conviction of the applicant, but
    a  conviction  shall  not  operate  as an absolute bar to
    licensure; and
         (3)  has  successfully  completed  the   examination
    provided   by   the   American  Board  of  Cardiovascular
    Perfusion  (ABCP)  or   its   successor   agency   or   a
    substantially  equivalent  examination  approved  by  the
    Department;
         (4)  has  met the requirements for certification set
    forth by the American Board of  Cardiovascular  Perfusion
    or its successor agency; and
         (5)  has  graduated  from a school accredited by the
    Commission  on  the  Accreditation   of   Allied   Health
    Education Programs (CAAHEP) or a similar accrediting body
    approved by the Department.

    Section 40.  Practice prohibited.   No person may use the
title   and   designation   of   a  "Licensed  Perfusionist",
"Certified Perfusionist", "Certified Clinical  Perfusionist",
"Perfusionist",  or  "CCP", either directly or indirectly, in
connection with his or her profession or business, unless  he
or  she  has  been  issued  a  valid,  existing  license as a
perfusionist under this Act.
    No person may practice, offer  to  practice,  attempt  to
practice,  or  hold  himself  or herself out to practice as a
licensed perfusionist without being licensed under this  Act.
This does not mean that all of the aspects of practice listed
in  Sections  10  and  50 of this Act are practices or skills
only a perfusionist can perform.  Other licensed or certified
persons may, if qualified, be allowed to perform some or  all
of these practices.

    Section   42.    Implementation  period.   The  licensure
requirements of Sections 30 and  40  shall  not  be  enforced
until  12  months  after the adoption of final administrative
rules.

    Section 45.  Application of Act.  This Act shall  not  be
construed to prohibit the following:
    (1)   a person licensed in this State under any other Act
from  engaging  in  the  practice  for  which  he  or  she is
licensed;
    (2)  a  student  enrolled  in  an  accredited   perfusion
education  program  from  performing  perfusion  services  if
perfusion services performed by the student:
         (A)  are an integral part of the student's course of
    study; and
         (B)  are performed under the direct supervision of a
    licensed  perfusionist  who  is assigned to supervise the
    student and who is on duty and immediately  available  in
    the assigned patient care area;
    (3)  a  new  graduate from performing perfusion services,
if  perfusion  services  performed  by   the   new   graduate
perfusionist:
         (A)  are   necessary   to  fulfill  the  eligibility
    requirements  for  the  ABCP  certification   examination
    required under subsection (3) of Section 30; and
         (B)  are  performed under the direct supervision and
    responsibility of a licensed perfusionist who is assigned
    to supervise the graduate perfusionist and who is on duty
    and immediately available in the  assigned  patient  care
    area;
    (4)  any  legally  qualified perfusionist employed by the
United States government from engaging  in  the  practice  of
perfusion  while  in  the  discharge  of  his or her official
duties; or
    (5)  one or more licensed perfusionists  from  forming  a
professional  service  corporation  in  accordance  with  the
Professional Service Corporation Act.

    Section 50.  Scope of practice.  The scope of practice as
a clinical perfusionist includes the following functions:
         (1)     the   use   of  extracorporeal  circulation,
    long-term cardiopulmonary support  techniques,  including
    extracorporeal  carbon dioxide removal and extracorporeal
    membrane  oxygenation,  and  associated  therapeutic  and
    diagnostic techniques;
         (2)  counterpulsation,    ventricular    assistance,
    autotransfusion,    blood    conservation     techniques,
    myocardial  and  organ  preservation, extracorporeal life
    support, and isolated limb perfusion;
         (3)  blood  management  techniques,  advanced   life
    support, and other related functions; and
         (4)  in  the  performance  of  the acts described in
    items (1) through (3) of this Section:
              (A)  the administration of (i)  pharmacological
         and  therapeutic  agents  and (ii) blood products or
         anesthetic agents through the extracorporeal circuit
         or through an intravenous line in  conjunction  with
         extracorporeal  support, as ordered by and under the
         direct  supervision  of  a  physician  licensed   to
         practice medicine in all its branches;
              (B)  the    performance    and   use   of   (i)
         anticoagulation  monitoring   and   analysis,   (ii)
         physiologic monitoring and analysis, (iii) blood gas
         and   chemistry   monitoring   and   analysis,  (iv)
         hematologic    monitoring    and    analysis,    (v)
         hypothermia,      (vi)      hyperthermia,      (vii)
         hemoconcentration  and  hemodilution,   and   (viii)
         cardiopulmonary hemodialysis; and
              (C)  the  observation  of  signs  and  symptoms
         related  to perfusion services, the determination of
         whether the  signs  and  symptoms  exhibit  abnormal
         characteristics,    and    the   implementation   of
         appropriate  reporting,   perfusion   protocols   or
         changes   in   or   the   initiation   of  emergency
         procedures.

    Section 60.  Display of license; change of address.
    (a)   The Department shall issue a  perfusionist  license
to   a  person  meeting  the  application  and  qualification
requirements of Section 30 of this Act. However, a person  is
eligible  for one year from the effective date of this Act to
make  application  to  the  Board  and  receives  a   license
notwithstanding the requirements of Section 30 of this Act if
the  person  is actively engaged in the practice of perfusion
consistent with applicable law and if the person has at least
5 years experience operating cardiopulmonary  bypass  systems
during  cardiac  surgical  cases  in  a  licensed health care
facility as the person's primary function between January  1,
1991 and the effective date of this Act.
    (b)  A  licensee  shall  maintain  on  file  at all times
during which the licensee provides services in a health  care
facility  a  true and correct copy of the license certificate
in the appropriate records of the facility.

    Section 65.  Licensure  by  endorsement.  The  Department
may,  in  its  discretion, license as a perfusionist, without
examination and on payment of the required fee, an  applicant
who  (1)  is  licensed  as  a  perfusionist under the laws of
another state, territory, or country, if the requirements for
licensure in that state, territory, or country in  which  the
applicant  was  licensed  were,  at  the  date  of his or her
licensure, substantially equal to the requirements  in  force
in this State on that date or (2) holds a current certificate
as  a  certified clinical perfusionist issued by the American
Board of Cardiovascular Perfusion (ABCP),  or  its  successor
organization, prior to January 1, 1999.

    Section  70.  Renewal,  reinstatement  or  restoration of
license;  continuing  education;   military   service.    The
expiration  date  and  renewal period for each license issued
under this  Act  shall be  set  by the  Department  by  rule.
Renewal  shall  be conditioned on paying the required fee and
meeting other requirements as may be established by rule.
    A licensee who  has  permitted  his  or  her  license  to
expire  or who  has  had  his or  her  license  on   inactive
status   may    have    the   license  restored   by   making
application  to the Department, by filing proof acceptable to
the Department of his or her  fitness  to  have  the  license
restored,  and  by paying the required fees. Proof of fitness
may  include  sworn  evidence certifying  to  active   lawful
practice in another jurisdiction.
    If  the  licensee has not maintained  an  active practice
in another jurisdiction  satisfactory   to   the  Department,
the  Department  shall   determine, by an  evaluation program
established    by   rule,   his   or   her      fitness   for
restoration of the license and shall establish procedures and
requirements  for  restoration.  However,  a  licensee  whose
license  expired while  he   or    she  was  (1)  in  federal
service  on  active duty with the Armed Forces of the  United
States  or  the   State  Militia   called   into  service  or
training   or   (2)  in  training  or  education  under   the
supervision  of  the  United  States  before  induction  into
the  military  service, may have the license restored without
paying any lapsed renewal  fees if  within  2   years   after
honorable    termination   of   the  service,  training,   or
education   he   or   she  furnishes  the   Department   with
satisfactory  evidence  to  the effect  that  he or  she  has
been  so  engaged  and that his or her service, training,  or
education has been so terminated.

    Section  80.  Inactive  status.   A licensee who notifies
the  Department  in  writing  on  forms  prescribed  by   the
Department   may   elect  to place  his  or her license on an
inactive  status  and   shall,   subject   to  rules  of  the
Department,  be excused from payment of renewal fees until he
or she notifies the Department  in  writing  of  his  or  her
intention  to  restore  the  license.  A  licensee requesting
restoration  from  inactive  status  shall  pay  the  current
renewal  fee  and  shall  restore  his  or  her  license   in
accordance  with  Section  70  of  this Act. A licensee whose
license is  on  inactive  status  shall  not  practice  as  a
perfusionist  in  this  State.   A  licensee  who  engages in
practice as a perfusionist while his or her license is lapsed
or on inactive status shall be considered  to  be  practicing
without  a  license,  which  shall  be grounds for discipline
under Section 105 of this Act.

    Section 90.  Fees; returned checks.
    (a)  The Department  shall  set  by  rule  fees  for  the
administration of this Act, including but not limited to fees
for  initial  and  renewal  licensure  and  restoration  of a
license.
    (b)  All of the fees collected under this  Act  shall  be
deposited  into  the General Professions Dedicated Fund.  The
monies deposited into the Fund shall be appropriated  to  the
Department   for   expenses   of   the   Department   in  the
administration of this Act.
    (c)  A person who delivers a check or  other  payment  to
the  Department  that is returned to the Department unpaid by
the financial institution upon which it is drawn shall pay to
the Department, in addition to the amount already owed to the
Department, a fine of $50.  If the check or other payment was
for a renewal or  issuance  fee  and  that  person  practices
without   paying the renewal fee or issuance fee and the fine
due, an additional fine of $100 shall be imposed.  The  fines
imposed  by  this  Section  are  in  addition  to  any  other
discipline provided under this Act for unlicensed practice or
practice    on  a  nonrenewed  license.  The Department shall
notify the person that fees and fines shall be  paid  to  the
Department  by  certified  check  or  money  order  within 30
calendar days of the notification.  If, after the  expiration
of  30 days from the date of the notification, the person has
failed to submit the  necessary  remittance,  the  Department
shall   automatically  terminate  the  license  or  deny  the
application without a hearing.  If the person seeks a license
after termination or denial, he or she  shall  apply  to  the
Department  for  restoration  or issuance of  the license and
pay all fees and fines due to the Department.  The Department
may establish a fee for the processing of an application  for
restoration of a license to defray the expenses of processing
the  application.  The Director may waive the fines due under
this Section in individual cases if the Director  finds  that
the fines would be unreasonable or unnecessarily burdensome.

    Section  95.  Roster.   The  Department  shall maintain a
roster of the names and addresses of all licensees and of all
persons whose licenses have been  disciplined.   This  roster
shall  be  available  upon written request and payment of the
required fee.

    Section 100.   Unlicensed  practice;  civil  penalty.   A
person   who  practices,  offers  to  practice,  attempts  to
practice, or holds himself or herself out to  practice  as  a
licensed  perfusionist  without being licensed under this Act
shall, in addition to any other penalty provided by law,  pay
a  civil penalty to the Department in an amount not to exceed
$5,000 for each offense as determined by the Department.  The
civil penalty shall be assessed by  the  Department  after  a
hearing  is  held in accordance with the provisions set forth
in this Act regarding the provision  of  a  hearing  for  the
discipline of a licensee.

    Section 105. Grounds for disciplinary action.
    (a)  The  Department  may  refuse  to  issue,  renew,  or
restore  a  license,  may revoke or suspend a license, or may
place  on  probation,  censure,  reprimand,  or  take   other
disciplinary  action  with  regard to a person licensed under
this Act, including but not  limited  to  the  imposition  of
fines not to exceed $5,000 for each violation, for any one or
combination of the following causes:
         (1)  Making  a  material  misstatement in furnishing
    information to the Department.
         (2)  Violating a provision of this Act or its rules.
         (3)  Conviction under the laws of  a  United  States
    jurisdiction   of   a   crime  that  is  a  felony  or  a
    misdemeanor, an essential element of which is dishonesty,
    or of a crime that is directly related to the practice as
    a perfusionist.
         (4)  Making a misrepresentation for the  purpose  of
    obtaining, renewing, or restoring a license.
         (5)  Wilfully  aiding or assisting another person in
    violating a provision of this Act or its rules.
         (6)  Failing to provide information within  60  days
    in response to a written request made by the Department.
         (7)  Engaging   in   dishonorable,   unethical,   or
    unprofessional  conduct of a character likely to deceive,
    defraud, or harm the public, as defined by  rule  of  the
    Department.
         (8)  Discipline    by    another    United    States
    jurisdiction  or  foreign  nation, if at least one of the
    grounds for  discipline  is  the  same  or  substantially
    equivalent to those set forth in this Section.
         (9)  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.
         (10)  A  finding  by  the  Board  that the licensee,
    after having his or her license  placed  on  probationary
    status, has violated the terms of probation.
         (11)  Wilfully  making  or  filing  false records or
    reports in his or her practice, including but not limited
    to false records or reports filed with State agencies.
         (12)  Wilfully making or signing a false  statement,
    certificate, or affidavit to induce payment.
         (13)  Wilfully  failing  to  report  an  instance of
    suspected child abuse or neglect as  required  under  the
    Abused and Neglected Child Reporting Act.
         (14)  Being  named  as a perpetrator in an indicated
    report by the Department of Children and Family  Services
    under  the  Abused  and Neglected Child Reporting Act and
    upon proof by clear  and  convincing  evidence  that  the
    licensee  has  caused  a  child  to be an abused child or
    neglected child as defined in the  Abused  and  Neglected
    Child Reporting Act.
         (15)  Employment   of   fraud,   deception,  or  any
    unlawful means in applying for or securing a license as a
    perfusionist.
         (16)  Allowing another person  to  use  his  or  her
    license to practice.
         (17)  Failure  to  report  to the Department (A) any
    adverse  final  action  taken  against  the  licensee  by
    another licensing jurisdiction,  government  agency,  law
    enforcement  agency,  or  any  court or (B) liability for
    conduct that would constitute grounds for action  as  set
    forth in this Section.
         (18)  Habitual  intoxication or addiction to the use
    of drugs.
         (19)  Physical illness, including but not limited to
    deterioration through the aging process or loss of  motor
    skills,  which  results  in the inability to practice the
    profession  for  which  he  or  she  is   licensed   with
    reasonable judgment, skill, or safety.
         (20)  Gross   malpractice   resulting  in  permanent
    injury or death of a patient.
         (21)  Immoral conduct in the commission  of  an  act
    related  to  the  licensee's  practice, including but not
    limited to sexual abuse,  sexual  misconduct,  or  sexual
    exploitation.
         (22)  Violation    of   the   Health   Care   Worker
    Self-Referral Act.
    (b)  The Department may refuse to issue  or  may  suspend
the  license  of  a person who fails to file a return, to pay
the tax, penalty, or interest shown in a filed return, or  to
pay  a  final  assessment of the tax, penalty, or interest as
required by a tax  Act  administered  by  the  Department  of
Revenue, until the requirements of the tax Act are satisfied.
    (c)  The determination by a circuit court that a licensee
is  subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental  Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer   subject   to   involuntary   admission  or  judicial
admission,  (2)  issuance  of  an  order   so   finding   and
discharging  the  patient,  and (3) the recommendation of the
Disciplinary Board to  the  Director  that  the  licensee  be
allowed to resume his or her practice.

    Section  110.  Injunctions;  criminal offenses; cease and
desist order.
    (a)  If any person violates the provisions of  this  Act,
the  Director  may, in the name of the People of the State of
Illinois, through  the  Attorney  General  of  the  State  of
Illinois  or the State's Attorney for any county in which the
action is  brought,  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
condition,  and  may preliminarily and permanently enjoin the
violation.  If it is established that the person 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)  Whenever  in  the opinion of the Department a person
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 that person.  The rule  shall  clearly
set forth the grounds relied upon by the Department and shall
allow  at  least  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.
    (c)  Other than as provided in Section 45 of this Act, if
any person practices as a perfusionist or holds   himself  or
herself out as a licensed perfusionist under this Act without
being  issued  a  valid  existing  license by the Department,
then any licensed perfusionist, any interested party, or  any
person  injured  thereby  may,  in  addition to the Director,
petition for relief as provided in  subsection  (a)  of  this
Section.

    Section 115.  Cease and desist order.
    (a)   If  a  person violates a provision of this Act, the
Director, in the name of the People of the State of  Illinois
through the Attorney General of the State of Illinois, or the
State's  Attorney  of a county in which the violation occurs,
may 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 licensee 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)  If  a  person  practices  as a perfusionist or holds
himself or  herself  out  as  a  perfusionist  without  being
licensed  under  this  Act, then any licensee under this Act,
interested party, or person injured thereby, in  addition  to
the  Director or State's Attorney, may petition for relief as
provided in subsection (a) of this Section.
    (c)  If the Department determines that a person  violated
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 or her. 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.

    Section  120.  Investigation;  notice; hearing.  Licenses
may be refused, revoked, suspended, or otherwise  disciplined
in  the  manner  provided by this Act and not otherwise.  The
Department may  upon  its  own  motion  and  shall  upon  the
verified  complaint  in  writing  of any person setting forth
facts that if proven would constitute grounds for refusal  to
issue  or  for  suspension  or  revocation  under  this  Act,
investigate the actions of a person applying for, holding, or
claiming  to  hold  a  license.  The Department shall, before
refusing to issue or renew, suspending, or revoking a license
or taking other discipline pursuant to Section  105  of  this
Act,  and  at  least  30  days  prior to the date set for the
hearing, notify in writing the applicant or licensee  of  any
charges  made,  shall  afford  the  applicant  or licensee an
opportunity to be heard in person or by counsel in  reference
to  the charges, and direct the applicant or licensee to file
a written answer to the Department under oath within 20  days
after  the  service of the notice and inform the applicant or
licensee that failure  to  file  an  answer  will  result  in
default  being  taken  against  the applicant or licensee and
that  the  license  may  be  suspended,  revoked,  placed  on
probationary status, or  other  disciplinary  action  may  be
taken,  including  limiting  the  scope, nature, or extent of
practice, as the Director may deem  proper.   Written  notice
may  be  served  by  personal  delivery  to  the applicant or
licensee or by mailing the notice by certified mail to his or
her last known place of residence or to the place of business
last specified by the applicant or licensee  in  his  or  her
last  notification to the Department.  If the person fails to
file an answer after receiving notice,  his  or  her  license
may,  in  the  discretion  of  the  Department, be suspended,
revoked, or placed on probationary status or  the  Department
may   take   whatever   disciplinary  action  deemed  proper,
including limiting  the  scope,  nature,  or  extent  of  the
person's  practice  or  the  imposition  of a fine, without a
hearing, if the act or  acts  charged  constitute  sufficient
grounds  for  such  action  under  this Act.  At the time and
place fixed in the notice, the Department shall proceed to  a
hearing of the charges and both the applicant or licensee and
the  complainant  shall  be  afforded  ample  opportunity  to
present,  in person or by counsel, any statements, testimony,
evidence, and arguments that may be pertinent to the  charges
or  to  their defense.  The Department may continue a hearing
from time to time. If the Board is not sitting  at  the  time
and  place  fixed  in  the notice or at the time and place to
which the hearing shall have been continued,  the  Department
may continue the hearing for a period not to exceed 30 days.

    Section  125.  Record  of proceedings. The Department, at
its expense, shall preserve a record of all proceedings at  a
formal hearing conducted pursuant to Section 120 of this Act.
The  notice of hearing, complaint, and all other documents in
the nature of pleadings and  written  motions  filed  in  the
proceedings,  the  transcript of testimony, the report of the
Board or hearing officer, and orders of the Department  shall
be  the record of the proceeding. The Department shall supply
a transcript of the record to  a  person  interested  in  the
hearing  on  payment of the fee required under Section 60f of
the Civil Administrative Code of Illinois.

    Section  130.  Order  for  production  of  documents.   A
circuit  court may, upon application of the Department or its
designee, or  of  the  applicant  or  licensee  against  whom
proceedings  pursuant to Section 120 of this Act are pending,
enter an order requiring  the  attendance  of  witnesses  and
their  testimony  and  the  production  of documents, papers,
files, books, and records in connection  with  a  hearing  or
investigation  authorized  by this Act.  The court may compel
obedience to its order through contempt proceedings.

    Section 140. Subpoena;  oaths.  The  Department  has  the
power  to  subpoena  and  bring  before it any person in this
State and to take testimony orally or by deposition, with the
same fees and mileage and in the same manner as prescribed by
law in judicial proceedings in civil cases in circuit  courts
of this State. The Director and any Disciplinary Board member
designated  by  the Director shall each have the authority to
administer, at any hearing that the Department is  authorized
to  conduct under this Act, oaths to witnesses and any  other
oaths authorized to be administered by the  Department  under
this Act.

    Section 145.  Findings of fact.  At the conclusion of the
hearing,  the  Board  shall present to the Director a written
report of its findings  of  fact,  conclusions  of  law,  and
recommendations.   In  the  report,  the  Board  shall make a
finding of whether or not the charged licensee  or  applicant
violated  a  provision  of  this  Act  or its rules and shall
specify  the  nature  of  the  violation.   In   making   its
recommendations  for  discipline,  the  Board  may  take into
consideration all facts and circumstances  bearing  upon  the
reasonableness  of  the  conduct  of  the  respondent and the
potential for future harm to the public,  including  but  not
limited  to  previous  discipline  of  that respondent by the
Department,  intent,  degree  of  harm  to  the  public   and
likelihood  of  harm in the future, any restitution made, and
whether the incident or incidents complained of appear to  be
isolated   or   a   pattern   of   conduct.   In  making  its
recommendations for  discipline,  the  Board  shall  seek  to
ensure  that the severity of the discipline recommended bears
some  reasonable  relationship  to  the   severity   of   the
violation.

    Section  150.  Service  of  report; rehearing.  In a case
involving the refusal  to  issue or renew a  license  or  the
discipline  of a licensee, a copy of the Board's report shall
be served upon  the  respondent  by  the  Department,  either
personally  or  as provided under Section 120 of this Act for
the service of the notice of hearing.  Within 20  days  after
the  service,  the respondent may present to the Department a
motion in writing for a rehearing, which  shall  specify  the
particular  grounds  for  a  rehearing.  If  no  motion   for
rehearing  is   filed,  then  upon the expiration of the time
specified for filing the motion, or if a motion for rehearing
is denied, then upon the denial the  Director  may  enter  an
order in accordance with recommendations of the Board, except
as  provided  in  Section  160  or  165  of this Act.  If the
respondent  orders  a  transcript  of  the  record  from  the
reporting service and pays for the transcript within the time
for filing a motion for rehearing, the 20-day  period  within
which  such  a  motion  may  be filed shall commence upon the
delivery  of  the transcript to the respondent.

    Section 160.  Order of Director.
    (a)  The Director shall issue  an  order  concerning  the
disposition  of  the  charges (i) following the expiration of
the filing period granted under Section 155 of this Act if no
motion for rehearing is filed or (ii) following a denial of a
timely motion for rehearing.
    (b)  The  Director's  order  shall  be   based   on   the
recommendations contained in the Board's report unless, after
giving  due consideration to the Board's report, the Director
disagrees in any regard with the  report  of  the  Board,  in
which  case  he or she may issue an order in contravention of
the report. The Director shall provide a  written  report  to
the  Board on any deviation from the Board's report and shall
specify  with  particularity  the  reasons  for  his  or  her
deviation  in  the  final  order.   The  Board's  report  and
Director's order are not admissible in evidence  against  the
person  in  a criminal prosecution brought for a violation of
this Act, but the hearing, report, and order are not a bar to
a criminal prosecution brought for the violation of this Act.
    Section  170.  Hearing   officer.   Notwithstanding   the
provisions  of  Section  120  of this Act, the Director shall
have  the  authority  to  appoint  an  attorney  licensed  to
practice law in this State to serve as the hearing officer in
a hearing authorized under  Section  120  of  this  Act.  The
Director  shall  notify  the  Board  of  an appointment.  The
hearing officer shall have  full  authority  to  conduct  the
hearing.  The Board has the right to have at least one member
present at a hearing conducted by a hearing officer appointed
under  this Section.  The hearing officer shall report his or
her findings of fact, conclusions of law, and recommendations
to the Board and the Director. The Board shall have  60  days
from  receipt  of  the  report  to  review  the report of the
hearing  officer  and  to  present  its  findings  of   fact,
conclusions  of  law, and recommendations to the Director. If
the Board fails to  present  its  report  within  the  60-day
period, the Director shall issue an order based on the report
of  the  hearing  officer.  If  the Director disagrees in any
regard with the report of the Board or hearing officer, he or
she may issue an order in contravention of  the  report.  The
Director  shall provide a written explanation to the Board on
a deviation from the Board's report and  shall  specify  with
particularity  the  reasons  for  his or her deviation in the
final order.

    Section 175. Rehearing on order of Director. Whenever the
Director is not satisfied that substantial justice  has  been
achieved  in  the  discipline of a licensee, the Director may
order a rehearing by the same or another hearing  officer  or
by the Board.

    Section  180.  Order;  prima  facie  proof. An order or a
certified copy of an order, over the seal of  the  Department
and  purporting  to be signed by the Director, shall be prima
facie proof that:
         (1)  the signature is the genuine signature  of  the
    Director;
         (2)  the  Director  is duly appointed and qualified;
    and
         (3)  the Board and its members are qualified to act.

    Section 185. Restoration of license. At  any  time  after
the suspension or revocation of a license, the Department may
restore it to the licensee unless, after an investigation and
a  hearing, the Department determines that restoration is not
in the public interest. Where circumstances of suspension  or
revocation  so  indicate,  or  on  the  recommendation of the
Board, the Department  may  require  an  examination  of  the
licensee before restoring his or her license.

    Section 190. Surrender of license. Upon the revocation or
suspension  of  a  license,  the  licensee  shall immediately
surrender the license to  the  Department.  If  the  licensee
fails  to do so, the Department shall have the right to seize
the license.

    Section  200.  Temporary  suspension.  The  Director  may
temporarily suspend the license of a perfusionist  without  a
hearing,  simultaneously  with the institution of proceedings
for a hearing provided for in Section 120 of this Act, if the
Director  finds  that  evidence  in  his  or  her  possession
indicates that continuation in practice would  constitute  an
imminent  danger  to  the public. If the Director temporarily
suspends a license  without  a  hearing,  a  hearing  by  the
Department  shall be held within 30 days after the suspension
has occurred  and  shall  be  concluded  without  appreciable
delay.
    Section 205.  Certificate of record. The Department shall
not  be  required to certify any record to a court or file an
answer in court or otherwise appear in a court in a  judicial
review  proceeding  unless  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.
Failure  on  the  part  of the plaintiff to file a receipt in
court shall be grounds for dismissal of the action.

    Section  210.  Administrative  Review  Law.   All   final
administrative  decisions  of  the  Department are subject to
judicial review under the Administrative Review Law  and  its
rules.  The  term  "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure. Proceedings for
judicial review shall be commenced in the  circuit  court  of
the  county in which the party seeking review resides. If the
party seeking review is not a resident of this  State,  venue
shall be in Sangamon County.

    Section  215.  Criminal penalties.  A person who is found
to  have   knowingly violated Section 10-5 or subsection  (a)
of Section 220 of this Act is guilty of a Class A misdemeanor
for  a first offense and is guilty of a Class 4  felony for a
second or subsequent offense.

    Section  220.   Unlicensed  practice;  civil   penalties.
    (a)  No person shall practice, offer to practice, attempt
to practice, or hold  himself or herself out to practice as a
perfusionist  without  a  license issued by the Department to
that person under this Act.
    (b)  In addition to any other penalty provided by law,  a
person who  violates subsection (a) of this Section shall pay
a  civil penalty to the Department in an amount not to exceed
$5,000 for each offense as determined  by  the    Department.
The  civil   penalty   shall   be  assessed by the Department
after a  hearing is held in accordance  with  the  provisions
set   forth  in   this   Act  regarding  a  hearing  for  the
discipline of a licensee.
    (c)  The  Department  has  the  authority  and  power  to
investigate any and all unlicensed activity.
    (d)  The  civil  penalty assessed under this Act shall be
paid within 60 days after the effective  date  of  the  order
imposing  the  civil  penalty.   The order shall constitute a
judgment and may be filed and execution had on  the  judgment
in the same manner as a  judgment from a court of record.

    Section 225.  Deposit of moneys.  All moneys collected by
the  Department  under  this  Act shall be deposited into the
General Professions Dedicated Fund in the State Treasury  and
shall be used for administration of this Act.

    Section  230.   Home  rule  powers.   The  regulation and
licensing of perfusionists are exclusive powers and functions
of the State.  A home  rule  unit    shall  not  regulate  or
license  perfusionists.    This Section is a limitation under
subsection (h) of Section 6 of Article VII  of  the  Illinois
Constitution.

    Section  950.   The  Regulatory  Sunset Act is amended by
adding  Section 4.20 as follows:

    (5 ILCS 80/4.20 new)
    Sec.  4.20.   Act  repealed  on  January  1,  2010.   The
following Act is  repealed on January 1, 2010:
    The Perfusionist  Practice Act.
    Section 999.  Effective  date.   This  Act  takes  effect
January 1, 2000.

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