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Public Act 91-0724
HB3455 Enrolled LRB9112263ACtm
AN ACT to amend the Environmental Health Practitioner
Licensing Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Health Practitioner
Licensing Act is amended by changing Sections 17, 18, and 27
as follows:
(225 ILCS 37/17)
Sec. 17. Powers and duties of the Department of
Professional Regulation. Subject to the provisions of this
Act, the Department shall exercise the following functions,
powers, and duties:
(1) Prescribe rules defining what constitutes an
approved school, college, or department of a university,
except that no school, college, or department of a university
that refuses admittance to applicants solely on account of
race, color, creed, sex, or national origin shall be
approved.
(2) Conduct hearings on proceedings to revoke, suspend,
or refuse to issue licenses.
(3) Promulgate rules required for the administration of
this Act.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/18)
Sec. 18. Board of Environmental Health Practitioners.
The Board of Environmental Health Practitioners is created
and shall exercise its duties as provided in this Act. The
Board shall consist of 7 members appointed by the Director.
Of the 7 members, 4 shall be environmental health
practitioners, one a Public Health Administrator who meets
the minimum qualifications for public health personnel
employed by full time local health departments as prescribed
by the Illinois Department of Public Health and is actively
engaged in the administration of a local health department
within this State, one full time professor teaching in the
field of environmental health practice, and one member of the
general public. In making the appointments to the Board, the
Director shall consider the recommendations of related
professional and trade associations including the Illinois
Environmental Health Association and the Illinois Public
Health Association and of the Director of Public Health.
Each of the environmental health practitioners shall have at
least 5 years of full time employment in the field of
environmental health practice before the date of appointment.
Each appointee filling the seat of an environmental health
practitioner appointed to the Board must be licensed under
this Act, however, in appointing the environmental health
practitioner members of the first Board, the Director may
appoint any environmental health practitioner who possesses
the qualifications set forth in Section 20 of this Act. Of
the initial appointments, 3 members shall be appointed for
3-year terms, 2 members for 2-year terms, and 2 members for
one-year terms. Each succeeding member shall serve for a
3-year term. No member may serve more than 2 consecutive
terms.
The membership of the Board shall reasonably reflect
representation from the various geographic areas of the
State.
A vacancy in the membership of the Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Board.
The members of the Board are entitled to receive as
compensation a reasonable sum as determined by the Director
for each day actually engaged in the duties of the office and
all legitimate and necessary expenses incurred in attending
the meetings of the Board.
Members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other
activities performed in good faith as members of the Board.
The Director may remove any member of the Board for any
cause that, in the opinion of the Director, reasonably
justifies termination.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/27)
Sec. 27. Renewals; restoration.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. As a
condition for renewal of a license, the licensee shall be
required to complete continuing education requirements as set
forth in rules by the Department. Licensees who are 70 years
of age or older and have been licensed under this Act for at
least 4 years shall be exempt from the continuing education
requirements.
(b) A person who has permitted a license to expire may
have the license restored by making application to the
Department and filing proof, acceptable to the Department, of
fitness to have the license restored. Proof may include (i)
sworn evidence certifying to active practice in another
jurisdiction that is satisfactory to the Department, (ii)
complying with any continuing education requirements, and
(iii) paying the required restoration fee.
(c) If the person has not maintained an active practice
in another jurisdiction satisfactory to the Department, the
Board shall determine, by an evaluation program, established
by rule, the person's fitness to resume active status. The
Board may require the person to complete a period of
evaluated clinical experience and successful completion of a
practical examination.
However, a person whose license expired while (i) in
federal service on active duty with the Armed Forces of the
United States or called into service or training with the
State Militia or (ii) in training or education under the
supervision of the United States, preliminary to induction
into the military service may have his or her license renewed
or restored without paying any lapsed renewal fees if, within
2 years after honorable termination of the service, training,
or education, except under conditions other than honorable,
he or she furnishes the Department with satisfactory evidence
to the effect that he or she has been so engaged and that the
service, training, or education has been terminated.
(d) A person who notifies the Department, in writing on
forms prescribed by the Department, may place his or her
license on inactive status and shall be excused from the
payment of renewal fees until the person notifies the
Department, in writing, of the intention to resume active
practice.
(e) A person requesting his or her license be changed
from inactive to active status shall be required to pay the
current renewal fee and shall also demonstrate compliance
with the continuing education requirements.
(f) An environmental health practitioner whose license
is not renewed or whose license is on inactive status shall
not engage in the practice of environmental health in the
State of Illinois or use the title or advertise that he or
she performs the services of a "licensed environmental health
practitioner".
(g) A person violating subsection (f) of this Section
shall be considered to be practicing without a license and
shall be subject to the disciplinary provisions of this Act.
(h) A license to practice shall not be denied any
applicant because of the applicant's race, religion, creed,
national origin, political beliefs or activities, age, sex,
sexual orientation, or physical impairment.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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