[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0837
SB1689 Enrolled LRB9215592ACcd
AN ACT concerning the regulation of professions.
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 Sections 4.13 and 4.17 as follows:
(5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
Sec. 4.13. Acts repealed on December 31, 2002. The
following Acts are repealed on December 31, 2002:
The Environmental Health Practitioner Licensing Act.
The Naprapathic Practice Act.
The Wholesale Drug Distribution Licensing Act.
The Dietetic and Nutrition Services Practice Act.
The Funeral Directors and Embalmers Licensing Code.
The Professional Counselor and Clinical Professional
Counselor Licensing Act.
(Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)
(5 ILCS 80/4.17)
Sec. 4.17. Acts repealed on January 1, 2007. The
following are repealed on January 1, 2007:
The Boiler and Pressure Vessel Repairer Regulation
Act.
The Structural Pest Control Act.
Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB,
VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois
Insurance Code.
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
The Medical Practice Act of 1987.
The Environmental Health Practitioner Licensing Act.
(Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96;
89-594, eff. 8-1-96; 89-702, eff. 7-1-97.)
Section 10. The Environmental Health Practitioner
Licensing Act is amended by changing Sections 10, 15, 16, 18,
21, 25, 26, 35, and 50 and adding Sections 20.1, 22, 23, and
56 as follows:
(225 ILCS 37/10)
(Section scheduled to be repealed on December 31, 2002)
Sec. 10. Definitions. As used in this Act:
"Board" means the Environmental Health Practitioners
Board as created in this Act.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Environmental health inspector" means an individual who,
in support of and under the general supervision of a licensed
environmental health practitioner or licensed professional
engineer, practices environmental health and meets the
educational qualifications of an environmental health
inspector.
"Environmental health practice" is the practice of
environmental health by licensed environmental health
practitioners within the meaning of this Act and includes,
but is not limited to, the following areas of professional
activities: milk and food sanitation; protection and
regulation of private water supplies; private waste water
management; domestic solid waste disposal practices;
institutional health and safety; and consultation and
education in these fields.
"Environmental health practitioner in training" means a
person licensed under this Act who meets the educational
qualifications of a licensed environmental health
practitioner and practices environmental health in support of
and under the general supervision of a licensed environmental
health practitioner or licensed professional engineer, but
has not passed the licensed environmental health practitioner
examination administered by the Department.
"License" means the authorization issued by the
Department permitting the person named on the authorization
to practice environmental health as defined in this Act.
"Licensed environmental health practitioner" is a person
who, by virtue of education and experience in the physical,
chemical, biological, and environmental health sciences, is
especially trained to organize, implement, and manage
environmental health programs, trained to carry out education
and enforcement activities for the promotion and protection
of the public health and environment, and is licensed as an
environmental health practitioner under this Act.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/15)
(Section scheduled to be repealed on December 31, 2002)
Sec. 15. License requirement.
(a) It shall be unlawful for any person to engage in an
environmental health practice after the effective date of
this amendatory Act of the 92nd General Assembly December 31,
1996 unless the person is licensed by the Department as an
environmental health practitioner or an environmental health
practitioner in training or is an environmental health
inspector as defined in this Act.
(b) It is the responsibility of an individual required
to be licensed under this Act to obtain a license and to pay
all necessary fees, not the responsibility of his or her
employer.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/16)
(Section scheduled to be repealed on December 31, 2002)
Sec. 16. Exemptions. This Act does not prohibit or
restrict any of the following:
(1) A person performing the functions and duties of an
environmental health practitioner under the general direct
supervision of a licensed environmental health practitioner
or licensed professional engineer if that person (i) is not
responsible for the administration or supervision of one or
more employees engaged in an environmental health program,
(ii) establishes a method of verbal communication with the
licensed environmental health practitioner or licensed
professional engineer to whom they can refer and report
questions, problems, and emergency situations encountered in
environmental health practice, and (iii) has his or her
written reports reviewed monthly by a licensed environmental
health practitioner or licensed professional engineer.
(2) A person licensed in this State under any other Act
from engaging in the practice for which he or she is
licensed.
(3) A person working in laboratories licensed by,
registered with, or operated by the State of Illinois.
(4) A person employed by a State-licensed health care
facility who engages in the practice of environmental health
or whose job responsibilities include ensuring that the
environment in the health care facility is healthy and safe
for employees, patients, and visitors.
(5) A person employed with the Illinois Department of
Agriculture who engages in meat and poultry inspections or
environmental inspections under the authority of the
Department of Agriculture.
(6) A person holding a degree of Doctor of Veterinary
Medicine and Surgery and licensed under the Veterinary
Medicine and Surgery Practice Act.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/18)
(Section scheduled to be repealed on December 31, 2002)
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 5 7 members appointed by the Director.
Of the 5 7 members, 3 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.
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. 91-724, eff. 6-2-00; 91-798, eff. 7-9-00.)
(225 ILCS 37/20.1 new)
(Section scheduled to be repealed on December 31, 2002)
Sec. 20.1. Qualifications for an environmental health
inspector. An environmental health inspector must have an
associate's degree or its equivalent, including a minimum of
9 credit hours of science.
(225 ILCS 37/21)
(Section scheduled to be repealed on December 31, 2002)
Sec. 21. Grandfather provision. (a) A person who, on
the effective date of this amendatory Act of the 92nd General
Assembly June 30, 1995, was certified by his or her employer
as serving as a sanitarian or environmental health
practitioner in environmental health practice in this State
may be issued a license as an environmental health
practitioner in training upon filing an application by July
1, 2003 1999 and paying the required fees, and by passing the
examination.
(b) The Department may, upon application and payment of
the required fee within 12 months, issue a license to a
person who holds a current license as a sanitarian or
environmental health practitioner issued by the Illinois
Environmental Health Association or National Environmental
Health Association.
(Source: P.A. 89-61, eff. 6-30-95; 90-602, eff. 6-26-98.)
(225 ILCS 37/22 new)
(Section scheduled to be repealed on December 31, 2002)
Sec. 22. Environmental health practitioner in training.
(a) Any person who meets the educational qualifications
specified in Section 20, but does not meet the experience
requirement specified in that Section, may make application
to the Department on a form prescribed by the Department for
licensure as an environmental health practitioner in
training. The Department shall license that person as an
environmental health practitioner in training upon payment of
the fee required by this Act.
(b) An environmental health practitioner in training
shall apply for licensure as an environmental health
practitioner within 3 years of his or her licensure as an
environmental health practitioner in training. The license
may be renewed or extended as defined by rule of the
Department. The Board may extend the licensure of any
environmental health practitioner in training who furnishes,
in writing, sufficient cause for not applying for examination
as an environmental health practitioner within the 3-year
period.
(c) An environmental health practitioner in training may
engage in the practice of environmental health for a period
not to exceed 6 years provided that he or she is supervised
by a licensed professional engineer or a licensed
environmental health practitioner as prescribed in this Act.
(225 ILCS 37/23 new)
(Section scheduled to be repealed on December 31, 2002)
Sec. 23. Supervision.
(a) A licensed environmental health practitioner in
training or an environmental health inspector may perform the
duties and functions of environmental health practice under
the supervision of a licensed environmental health
practitioner or licensed professional engineer.
(b) A licensed environmental health practitioner or a
licensed professional engineer may serve as a supervisor to
any licensed environmental health practitioner in training or
environmental health inspector. The supervisor shall fulfill
the minimum supervisor requirements, including but not
limited to:
(1) being available for consultation on a daily
basis;
(2) reviewing and advising on law enforcement
proceedings; and
(3) evaluating the practice of environmental health
performed by the licensed environmental health
practitioner in training or the environmental health
inspector.
(c) A licensed environmental health practitioner or
licensed professional engineer is responsible for assuring
that a licensed environmental health practitioner in training
or environmental health inspector that he or she is
supervising properly engages in the practice of environmental
health.
(225 ILCS 37/25)
(Section scheduled to be repealed on December 31, 2002)
Sec. 25. Application for original license. Applications
for original licenses shall be made to the Department on
forms prescribed by the Department and accompanied by the
required nonrefundable fee. All applications shall contain
information that, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for a license as an environmental health
practitioner or environmental health practitioner in
training.
If an applicant for a license as an environmental health
practitioner neglects, fails, or refuses to take an
examination or fails to pass an examination for a license
under this Act within 3 years after filing an application,
the application is denied. However, the applicant may
thereafter make a new application, accompanied by the
required fee, if the applicant meets the requirements in
force at the time of making the new application.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/26)
(Section scheduled to be repealed on December 31, 2002)
Sec. 26. Examination for registration as an
environmental health practitioner.
(a) Beginning on the effective date of this amendatory
Act of the 92nd General Assembly June 30, 1995, only persons
who meet the educational and experience requirements of
Section 20 and who pass the examination authorized by the
Department shall be licensed as environmental health
practitioners. Persons who meet the requirements of
subsection (b) of Section 21 or Section 30 shall not be
required to take and pass the examination.
(b) Applicants for examination as environmental health
practitioners shall be required to pay, either to the
Department or the designated testing service, a fee covering
the cost of providing the examination.
(Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97;
90-14, eff. 7-1-97.)
(225 ILCS 37/35)
(Section scheduled to be repealed on December 31, 2002)
Sec. 35. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary action with regard to any license issued under
this Act as the Department may consider proper, including the
imposition of fines not to exceed $5,000 for each violation,
for any one or combination of the following causes:
(1) Material misstatement in furnishing information
to the Department.
(2) Violations of this Act or its rules.
(3) Conviction of any felony under the laws of any
U.S. jurisdiction, any misdemeanor an essential element
of which is dishonesty, or any crime that is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a certificate of registration.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing to provide information within 60 days
in response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public as defined by rules of the
Department.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an environmental health
practitioner's inability to practice with reasonable
judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a
discipline is the same or substantially equivalent to
those set forth in this Act.
(11) A finding by the Department that the
registrant, after having his or her license placed on
probationary status, has violated the terms of probation.
(12) Willfully making or filing false records or
reports in his or her practice, including, but not
limited to, false records filed with State agencies or
departments.
(13) Physical illness, including, but not limited
to, deterioration through the aging process or loss of
motor skills that result in the inability to practice the
profession with reasonable judgment, skill, or safety.
(14) Failure to comply with rules promulgated by
the Illinois Department of Public Health or other State
agencies related to the practice of environmental health.
(15) The Department shall deny any application for
a license or renewal of a license under this Act, without
hearing, to a person who has defaulted on an educational
loan guaranteed by the Illinois Student Assistance
Commission; however, the Department may issue a license
or renewal of a license if the person in default has
established a satisfactory repayment record as determined
by the Illinois Student Assistance Commission.
(16) Solicitation of professional services by using
false or misleading advertising.
(17) A finding that the license has been applied
for or obtained by fraudulent means.
(18) Practicing or attempting to practice under a
name other than the full name as shown on the license or
any other legally authorized name.
(19) Gross overcharging for professional services
including filing statements for collection of fees or
moneys for which services are not rendered.
(b) The Department may refuse to issue or may suspend
the license of any person who fails to (i) file a return,
(ii) pay the tax, penalty, or interest shown in a filed
return; or (iii) pay any final assessment of the tax,
penalty, or interest as required by any tax Act administered
by the Illinois 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 to
a mental health facility as provided in the Mental Health and
Developmental Disabilities Code operates as an automatic
suspension. The suspension may end only upon a finding by a
court that the licensee is no longer subject to involuntary
admission or judicial admission, the issuance of an order so
finding and discharging the patient, and the recommendation
of the Board to the Director that the licensee be allowed to
resume practice.
(d) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any person
licensed to practice under this Act or who has applied for
licensure or certification pursuant to this Act to submit to
a mental or physical examination, or both, as required by and
at the expense of the Department. The examining physicians
shall be those specifically designated by the Department. The
Department may order the examining physician to present
testimony concerning this 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 person to be examined may have, at
his or her own expense, another physician of his or her
choice present during all aspects of the examination. Failure
of any person to submit to a mental or physical examination,
when directed, shall be grounds for suspension of a license
until the person submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit
to the examination was without reasonable cause.
If the Department finds an individual unable to practice
because of the reasons set forth in this Section, the
Department may require that individual to submit to care,
counseling, or treatment by physicians approved or designated
by the Department, as a condition, term, or restriction for
continued, reinstated, or renewed licensure to practice or,
in lieu of care, counseling, or treatment, the Department may
file a complaint to immediately suspend, revoke, or otherwise
discipline the license of the individual.
Any person whose license was granted, continued,
reinstated, renewed, disciplined, or supervised subject to
such terms, conditions, or restrictions and who fails to
comply with such terms, conditions, or restrictions shall be
referred to the Director for a determination as to whether
the person shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a
person's license under this Section, 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 shall have the authority to review the
subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/50)
(Section scheduled to be repealed on December 31, 2002)
Sec. 50. Use of title. Only a person who has qualified
as a licensed environmental health practitioner and who is
currently licensed by the State has the right and privilege
of using the title "Environmental Health Practitioner",
"Licensed Environmental Health Practitioner", or the initials
"L.E.H.P." after his or her name. Only a person who has
qualified as a licensed environmental health practitioner in
training and who is currently licensed by the State has the
right and privilege of using the title "environmental health
practitioner in training", "licensed environmental health
practitioner in training", or "L.E.H.P. in training" after
his or her name.
(Source: P.A. 89-61, eff. 6-30-95.)
(225 ILCS 37/56 new)
(Section scheduled to be repealed December 31, 2002)
Sec. 56. Unlicensed practice; violation; civil penalty.
(a) Any person who practices, offers to practice,
attempts to practice, or holds himself or herself out to
practice environmental health 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.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty 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 thereon in the same manner as any judgment from
any court of record.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly June 01, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
[ Top ]