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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.30 and by adding Section 4.40 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.
17    The Pharmacy Practice Act.
18    The Professional Engineering Practice Act of 1989.
19    The Real Estate License Act of 2000.
20    The Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
22100-863, eff. 8-14-18.)
 

 

 

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1    (5 ILCS 80/4.40 new)
2    Sec. 4.40. Act repealed on January 1, 2030. The following
3Act is repealed on January 1, 2030:
4    The Perfusionist Practice Act.
 
5    Section 10. The Perfusionist Practice Act is amended by
6changing Sections 10, 15, 25, 30, 60, 65, 70, 75, 80, 90, 105,
7115, 120, 125, 140, 150, 170, 185, 200, 210, and 220 and by
8adding Sections 11, 26, and 31 as follows:
 
9    (225 ILCS 125/10)
10    (Section scheduled to be repealed on January 1, 2020)
11    Sec. 10. Definitions. As used in this Act:
12    "Address of Record" means the designated address recorded
13by the Department in the applicant's or licensee's application
14file or license file maintained by the Department. It is the
15duty of the applicant or licensee to inform the Department of
16any change of address, and such changes must be made either
17through the Department's website or by directly contacting the
18Department.
19    "Board" means the Board of Licensing for Perfusionists.
20    "Department" means the Department of Financial and
21Professional Regulation.
22    "Email address of record" means the designated email
23address of record by the Department in the applicant's
24application file or the licensee's license file as maintained

 

 

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1by the Department's licensure maintenance unit.
2    "Extracorporeal circulation" means the diversion of a
3patient's blood through a heart-lung machine or a similar
4device that assumes the functions of the patient's heart,
5lungs, kidney, liver, or other organs.
6    "New graduate perfusionist" means a perfusionist
7practicing within a period of one year since the date of
8graduation from a Commission on Accreditation of Allied Health
9Education Programs accredited perfusion education program.
10    "Perfusion" means the functions necessary for the support,
11treatment, measurement, or supplementation of the
12cardiovascular systems or other organs, or a combination of
13those functions, and to ensure the safe management of
14physiologic functions by monitoring and analyzing the
15parameters of the systems under an order and under the
16supervision of a physician licensed to practice medicine in all
17its branches.
18    "Perfusionist" means a person, qualified by academic and
19clinical education, to operate the extracorporeal circulation
20equipment during any medical situation where it is necessary to
21support or replace a person's cardiopulmonary, circulatory, or
22respiratory function. A perfusionist is responsible for the
23selection of appropriate equipment and techniques necessary
24for support, treatment, measurement, or supplementation of the
25cardiopulmonary and circulatory system of a patient, including
26the safe monitoring, analysis, and treatment of physiologic

 

 

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1conditions under an order and under the supervision of a
2physician licensed to practice medicine in all its branches and
3in coordination with a registered professional nurse.
4    "Perfusion protocols" means perfusion related policies and
5protocols developed or approved by a licensed health facility
6or a physician through collaboration with administrators,
7licensed perfusionists, and other health care professionals.
8    "Physician" or "operating physician" means a person
9licensed to practice medicine in all of its branches under the
10Medical Practice Act of 1987.
11    "Secretary" means the Secretary of the Department of
12Financial and Professional Regulation.
13(Source: P.A. 96-682, eff. 8-25-09.)
 
14    (225 ILCS 125/11 new)
15    Sec. 11. Address of record; email address of record. All
16applicants and licensees shall:
17        (1) provide a valid address and email address to the
18    Department, which shall serve as the address of record and
19    email address of record, respectively, at the time of
20    application for licensure or renewal of a license; and
21        (2) inform the Department of any change of address of
22    record or email address of record within 14 days after such
23    change either through the Department's website or by
24    contacting the Department's licensure maintenance unit.
 

 

 

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1    (225 ILCS 125/15)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 15. Functions, powers, Powers and duties of the
4Department. The Department shall, subject Subject to the
5provisions of this Act, exercise the following functions,
6powers, and duties the Department may:
7        (1) Authorize examinations to ascertain the fitness
8    and qualifications of applicants for licensure and pass (a)
9    Pass upon the qualifications of applicants for licensure by
10    endorsement.
11        (2) Adopt rules required for the administration of this
12    Act (b) Conduct hearings on proceedings to refuse to issue
13    or renew a license, or to revoke or suspend a license, or
14    to place on probation, reprimand, or take any other
15    disciplinary or non-disciplinary action with regard to a
16    person licensed under this Act.
17        (3) (c) Formulate rules required for the
18    administration of this Act.
19        (4) Conduct hearings on proceedings to refuse to issue
20    or renew licenses, or to revoke, suspend, place on
21    probation, or reprimand persons licensed under this Act (d)
22    Obtain written recommendations from the Board regarding
23    (i) curriculum content, standards of professional conduct,
24    formal disciplinary actions, and the formulation of rules,
25    and (ii) when petitioned by the applicant, opinions
26    regarding the qualifications of applicants for licensing.

 

 

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1        (5) Issue licenses to those who meet the requirements
2    of this Act (e) Maintain rosters of the names and address
3    of all licensees, and all persons whose licenses have been
4    suspended, revoked, or denied renewal for cause or
5    otherwise disciplined within the previous calendar year.
6    These rosters shall be available upon written request and
7    payment of the required fee as established by rule.
8        (6) Conduct investigations related to possible
9    violations of this Act.
10(Source: P.A. 96-682, eff. 8-25-09.)
 
11    (225 ILCS 125/25)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 25. Board of Licensing for Perfusionists.
14    (a) The Secretary shall appoint a Board of Licensing for
15Perfusionists which shall serve in an advisory capacity to the
16Secretary. The Board shall consist be comprised of 5 members
17who shall serve in an advisory capacity to the Secretary
18persons appointed by the Secretary, who shall give due
19consideration to recommendations by members of the profession
20of perfusion and perfusion organizations within the State. All
21shall be residents of Illinois. (b) Two members must hold an
22active license to engage in the practice of perfusion in this
23State. One , one member shall must be a physician licensed
24under the Medical Practice Act of 1987 who is board certified
25in and actively engaged in the practice of cardiothoracic

 

 

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1surgery. One , one member shall must be a licensed registered
2professional nurse certified by the Association of
3periOperative Registered Operating Room Nurses. In addition to
4the 4 licensed members, there shall be , and one public member.
5The public member shall not hold a license must be a member of
6the public who is not licensed under this Act or a similar Act
7of this State another jurisdiction and who shall have has no
8connection with the profession of perfusion.
9    (b) (c) Members shall serve 4-year terms and until their
10successors are appointed and qualified, except that, of the
11initial appointments, 2 members shall be appointed to serve for
122 years, 2 members shall be appointed to serve for 3 years, and
131 member shall be appointed to serve for 4 years, and until
14their successors are appointed and qualified.
15    (c) In appointing members to the Board, the Secretary shall
16give due consideration to recommendations made by members and
17organizations of the perfusionist profession.
18    (d) The membership of the Board should reasonably reflect
19representation from the geographic areas in this State.
20    (e) No member shall be reappointed to the Board for a term
21that would cause his or her continuous service on the Board to
22be longer than 8 consecutive years.
23    (f) (d) Appointments to fill vacancies shall be made in the
24same manner as original appointments for the unexpired portion
25of the vacated term.
26    (e) The Board shall annually elect a chairperson and a

 

 

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1vice-chairperson who shall preside in the absence of the
2chairperson.
3    (f) Insofar as possible, the licensed professionals
4appointed to serve on the Board shall be generally
5representative of the occupational and geographical
6distribution of licensed professionals within this State.
7    (g) The Secretary may remove or suspend any member for
8cause at any time before the expiration of his or her term. The
9Secretary shall be the sole arbiter of cause.
10    (h) The Secretary may give due consideration to all
11recommendations of the Board.
12    (g) (i) Three Board members shall constitute a quorum. A
13quorum is required for all Board decisions.
14    (h) The Secretary may terminate the appointment of any
15member for cause which in the opinion of the Secretary
16reasonably justified such termination which may include, but is
17not limited to, a Board member who does not attend 2
18consecutive meetings.
19    (i) Notice of proposed rulemaking shall be transmitted to
20the Board and the Department shall review the response of the
21Board and any recommendations made therein.
22    (j) Members of the Board shall have no liability in any
23action based upon disciplinary proceedings or other activity
24performed in good faith as members of the Board.
25    (k) Members of the Board shall be reimbursed for all
26legitimate, necessary, and authorized expenses.

 

 

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1    (j) Except for willful or wanton misconduct, members of the
2Board shall be immune from liability in any action based upon
3any disciplinary proceeding or other activity performed in good
4faith as a member of the Board.
5(Source: P.A. 96-682, eff. 8-25-09.)
 
6    (225 ILCS 125/26 new)
7    Sec. 26. Powers and duties of the Board. Subject to the
8provisions of this Act, the Board shall exercise the following
9functions, powers, and duties:
10        (1) The Board shall hold at least 2 regular meetings
11    each year.
12        (2) The Board shall annually elect a Chairperson and a
13    Vice Chairperson, both of whom shall be Illinois licensed
14    perfusionists.
15        (3) The Board, upon request by the Department, may make
16    an evaluation to approve a perfusionist program,
17    examination, or certification.
18        (4) The Board shall assist the Department in conducting
19    oral interviews, disciplinary conferences, informal
20    conferences, and formal evidentiary hearings.
21    The Department may at any time seek the expert advice and
22knowledge of the Board on any matter related to the enforcement
23of this Act.
 
24    (225 ILCS 125/30)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 30. Application for licensure.
3    (a) An application for an original initial license shall be
4made to the Department in writing on forms or electronically as
5prescribed by the Department and shall be accompanied by the
6required nonrefundable fee, which shall not be refundable. All
7applications shall contain information that, in the judgment of
8the Department, will enable the Department to pass on the
9qualifications of the applicant for a license as a
10perfusionist. An application shall require information that,
11in the judgment of the Department, will enable the Department
12to evaluate the qualifications of an applicant for licensure.
13    (b) If an applicant fails to obtain a license under this
14Act within 3 years after filing his or her application, the
15application shall be denied, the fee shall be forfeited, and
16the applicant must reapply and meet the requirements in effect
17at the time of reapplication. The applicant may make a new
18application, which shall be accompanied by the required
19nonrefundable fee. The applicant shall be required to meet the
20qualifications required for licensure at the time of
21reapplication.
22    A person shall be qualified for licensure as a perfusionist
23if that person:
24        (1) has applied to the Department for licensure in
25    accordance with this Section;
26        (2) has not violated a provision of Section 110 of this

 

 

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1    Act; in addition the Department may take into consideration
2    any felony conviction of the applicant, but a conviction
3    shall not operate as an absolute bar to licensure; and
4        (3) has successfully completed the examination
5    provided by the American Board of Cardiovascular Perfusion
6    (ABCP) or its successor agency or a substantially
7    equivalent examination approved by the Department;
8        (4) has met the requirements for certification set
9    forth by the American Board of Cardiovascular Perfusion or
10    its successor agency; and
11        (5) has graduated from a school accredited by the
12    Commission on the Accreditation of Allied Health Education
13    Programs (CAAHEP) or a similar accrediting body approved by
14    the Department.
15(Source: P.A. 91-580, eff. 1-1-00.)
 
16    (225 ILCS 125/31 new)
17    Sec. 31. Qualification. A person shall be qualified for
18licensure as a perfusionist if that person:
19        (1) has applied to the Department for licensure in
20    accordance with this Act;
21        (2) has not violated any provision of this Act; and
22        (3) has met the requirements for licensure as set forth
23    by this Act and rules.
 
24    (225 ILCS 125/60)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 60. Display of license; change of address. A licensee
3shall maintain on file at all times during which the licensee
4provides services in a health care facility a true and correct
5copy of the license certificate in the appropriate records of
6the facility.
7(Source: P.A. 96-682, eff. 8-25-09.)
 
8    (225 ILCS 125/65)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 65. Endorsement Licensure by endorsement.
11    (a) The Department may, upon application in writing on
12forms or electronically accompanied by the required fee, issue
13a license as a perfusionist to an applicant who is a
14perfusionist licensed under the law of another state, the
15District of Columbia, territory, or country, if the
16requirements for licensure in that jurisdiction were, at the
17date of original licensure, substantially equivalent to the
18requirements in force in this State.
19    (b) An applicant who holds a current certificate as a
20certified clinical perfusionist issued by the American Board of
21Cardiovascular Perfusion, or its equivalent, as approved by the
22Department, prior to January 1, 1999 may apply for endorsement
23as stated in subsection (a) of this Section.
24    (c) If the accuracy of any submitted documentation or
25relevance or sufficiency of the course work or experience is

 

 

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1questioned by the Department or the Board because of a lack of
2information, discrepancies, or conflicts in information given,
3or a need for clarification, the applicant seeking licensure
4may be required to provide additional information.
5    (d) Applicants have 3 years from the date of application to
6complete the application process. If the process has not been
7completed in 3 years, the application shall be denied, the fee
8forfeited, and the applicant must reapply and meet the
9requirements in effect at the time of reapplication.
10The Department may, in its discretion, license as a
11perfusionist, without examination and on payment of the
12required fee, an applicant who (1) is licensed as a
13perfusionist under the laws of another state, territory, or
14country, if the requirements for licensure in that state,
15territory, or country in which the applicant was licensed were,
16at the date of his or her licensure, substantially equal to the
17requirements in force in this State on that date or (2) holds a
18current certificate as a certified clinical perfusionist
19issued by the American Board of Cardiovascular Perfusion
20(ABCP), or its successor organization, prior to January 1,
211999.
22(Source: P.A. 91-580, eff. 1-1-00.)
 
23    (225 ILCS 125/70)
24    (Section scheduled to be repealed on January 1, 2020)
25    Sec. 70. Renewal, reinstatement, or restoration of

 

 

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1license; persons in military service.
2    (a) The expiration date and renewal period for each license
3issued under this Act shall be set by the Department by rule.
4The holder of a license A licensee may renew the his or her
5license during the month preceding the expiration date of the
6license by paying the required fee. It is the responsibility of
7the licensee to notify the Department in writing of a change of
8address.
9    (b) A licensee who has permitted his or her license to
10expire or who has had his or her license placed on inactive
11status may have his or her the license restored by making
12application to the Department, and by filing proof acceptable
13to the Department of his or her fitness to have the license
14restored, including, but not limited to, sworn practice in
15another jurisdiction satisfactory to the Department and by
16paying the required fees as determined by rule. Proof of
17fitness may include sworn evidence certifying to active lawful
18practice in another jurisdiction.
19    (c) A perfusionist If the licensee has not maintained an
20active practice in another jurisdiction satisfactory to the
21Department, the Department shall determine, by an evaluation
22program established by rule, his or her fitness for restoration
23of the license and shall establish procedures and requirements
24for restoration. However, a licensee whose license has expired
25while engaged he or she was (1) in federal service on active
26duty with the Armed Forces of the United States or the State

 

 

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1Militia called into service or training, or (2) in training or
2education under the supervision of the United States before
3induction into the military service, may have the license
4restored or reinstated without paying any lapsed
5reinstatement, renewal, or restoration fees if within 2 years
6after honorable termination other than by dishonorable
7discharge of such the service, training, or education and he or
8she furnishes the Department is furnished with satisfactory
9evidence to the effect that the licensee he or she has been so
10engaged in the practice of perfusion and that such and that his
11or her service, training, or education has been so terminated.
12(Source: P.A. 96-682, eff. 8-25-09.)
 
13    (225 ILCS 125/75)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 75. Continuing education. The Department may adopt
16rules of continuing education for persons licensed under this
17Act. The Department shall consider the recommendations of the
18Board in establishing the guidelines for continuing education
19requirements. The requirements of this Section shall apply to
20any person seeking renewal or restoration under Sections 70 and
2180 of this Act licensees that require 30 hours of continuing
22education per 2 year license renewal cycle. The rules shall
23address variances in part or in whole for good cause, including
24without limitation temporary illness or hardship. The
25Department may approve continuing education programs offered,

 

 

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1provided, and approved by the American Board of Cardiovascular
2Perfusion, or its successor agency. The Department may approve
3additional continuing education sponsors. Each licensee is
4responsible for maintaining records of his or her completion of
5the continuing education and shall be prepared to produce the
6records when requested by the Department.
7(Source: P.A. 96-682, eff. 8-25-09.)
 
8    (225 ILCS 125/80)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 80. Inactive status. A person licensed under this Act
11licensee who notifies the Department, in writing on forms
12prescribed by the Department, may elect to place his or her
13license on an inactive status and shall, subject to rules of
14the Department, be excused from payment of renewal fees until
15he or she notifies the Department in writing of his or her
16intention to restore the license. A licensee requesting
17restoration from inactive status shall pay the current renewal
18fee and shall restore his or her license in accordance with
19Section 70 of this Act. A licensee whose license is on inactive
20status shall not practice as a perfusionist in this State. A
21licensee who engages in practice as a perfusionist while his or
22her license is lapsed or on inactive status shall be considered
23to be practicing without a license, which shall be grounds for
24discipline under Section 105 of this Act.
25(Source: P.A. 91-580, eff. 1-1-00.)
 

 

 

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1    (225 ILCS 125/90)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 90. Fees; deposit of fees and fines.
4    (a) The Department shall provide set by rule for a schedule
5of fees to be paid for licenses by applicants for the
6administration of this Act, including, but not limited to, fees
7for initial and renewal licensure and restoration of a license.
8All The fees are shall be nonrefundable.
9    (b) The fees for the administration and enforcement of the
10Act, including but not limited to original licensure, renewal,
11and restoration shall be set by rule by the Department.
12    (c) (b) All of the fees and fines collected as authorized
13under this Act shall be deposited into the General Professions
14Dedicated Fund. The monies deposited into the Fund shall be
15appropriated to the Department for expenses of the Department
16in the administration of this Act.
17(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
18    (225 ILCS 125/105)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 105. Grounds for disciplinary action Disciplinary
21actions.
22    (a) The Department may refuse to issue, renew, or restore a
23license, or may revoke, or suspend a license, or may place on
24probation, reprimand, or take any other disciplinary or

 

 

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1non-disciplinary action as the Department may deem proper with
2regard to a person licensed under this Act, including but not
3limited to the imposition of fines not to exceed $10,000 per
4for each violation with regard to any license issued under this
5Act, for any one or a any combination of the following reasons
6causes:
7        (1) Making a material misstatement in furnishing
8    information to the Department.
9        (2) Negligence, incompetence, or misconduct in the
10    practice of perfusion Violation of this Act or any rule
11    promulgated under this Act.
12        (3) Failure to comply with any provisions of this Act
13    or any of its rules Conviction of, or entry of a plea of
14    guilty or nolo contendere to, any crime that is a felony
15    under the laws of the United States or any state or
16    territory thereof, or any crime that is a misdemeanor of
17    which an essential element is dishonesty, or any crime that
18    is directly related to the practice as a perfusionist.
19        (4) Fraud or any misrepresentation in applying for or
20    procuring a license under this Act or in connection with
21    applying for renewal or restoration of a license under this
22    Act Making a misrepresentation for the purpose of
23    obtaining, renewing, or restoring a license.
24        (5) Purposefully making false statements or signing
25    false statements, certificates, or affidavits to induce
26    payment Aiding or assisting another person in violating a

 

 

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1    provision of this Act or its rules.
2        (6) Conviction of or entry of a plea of guilty or nolo
3    contendere, finding of guilt, jury verdict, or entry of
4    judgment or sentencing, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation under
7    the laws of any jurisdiction of the United States that is
8    (i) a felony or (ii) a misdemeanor, an essential element of
9    which is dishonesty, that is directly related to the
10    practice of the profession of perfusion Failing to provide
11    information within 60 days in response to a written request
12    made by the Department.
13        (7) Aiding or assisting another in violating any
14    provision of this Act or its rules Engaging in
15    dishonorable, unethical, or unprofessional conduct of a
16    character likely to deceive, defraud, or harm the public,
17    as defined by rule of the Department.
18        (8) Failing to provide information in response to a
19    written request made by the Department within 60 days after
20    receipt of such written request Discipline by another
21    state, the District of Columbia, or territory, or a foreign
22    nation, if at least one of the grounds for discipline is
23    the same or substantially equivalent to those set forth in
24    this Section.
25        (9) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud, or harm the public as defined by rule Directly or
2    indirectly giving to or receiving from a person, firm,
3    corporation, partnership, or association a fee,
4    commission, rebate, or other form of compensation for
5    professional services not actually or personally rendered.
6    Nothing in this paragraph (9) affects any bona fide
7    independent contractor or employment arrangements among
8    health care professionals, health facilities, health care
9    providers, or other entities, except as otherwise
10    prohibited by law. Any employment arrangements may include
11    provisions for compensation, health insurance, pension, or
12    other employment benefits for the provision of services
13    within the scope of the licensee's practice under this Act.
14    Nothing in this paragraph (9) shall be construed to require
15    an employment arrangement to receive professional fees for
16    services rendered.
17        (10) Habitual or excessive use or abuse of drugs
18    defined in law as controlled substances, of alcohol,
19    narcotics, stimulants, or any other substances that
20    results in the inability to practice with reasonable
21    judgment, skill, or safety A finding by the Board that the
22    licensee, after having his or her license placed on
23    probationary status, has violated the terms of probation.
24        (11) A finding by the Department that an applicant or
25    licensee has failed to pay a fine imposed by the Department
26    Wilfully making or filing false records or reports in his

 

 

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1    or her practice, including but not limited to false records
2    or reports filed with State agencies or departments.
3        (12) A finding by the Department that the licensee,
4    after having his or her license placed on probationary
5    status, has violated the terms of probation, or failed to
6    comply with such terms Wilfully making or signing a false
7    statement, certificate, or affidavit to induce payment.
8        (13) Inability to practice the profession with
9    reasonable judgment, skill, or safety as a result of
10    physical illness, including, but not limited to,
11    deterioration through the aging process, loss of motor
12    skill, mental illness, or disability Wilfully failing to
13    report an instance of suspected child abuse or neglect as
14    required under the Abused and Neglected Child Reporting
15    Act.
16        (14) Discipline by another state, territory, foreign
17    country, the District of Columbia, the United States
18    government, or any other government agency if at least one
19    of the grounds for discipline is the same or substantially
20    equivalent to those set forth in this Act Being named as a
21    perpetrator in an indicated report by the Department of
22    Children and Family Services under the Abused and Neglected
23    Child Reporting Act and upon proof by clear and convincing
24    evidence that the licensee has caused a child to be an
25    abused child or neglected child as defined in the Abused
26    and Neglected Child Reporting Act.

 

 

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1        (15) The making of any willfully false oath or
2    affirmation in any matter or proceeding where an oath or
3    affirmation is required by this Act Employment of fraud,
4    deception, or any unlawful means in applying for or
5    securing a license as a perfusionist.
6        (16) Using or attempting to use an expired, inactive,
7    suspended, or revoked license, or the certificate or seal
8    of another, or impersonating another licensee Allowing
9    another person to use his or her license to practice.
10        (17) Directly or indirectly giving to or receiving from
11    any person or entity any fee, commission, rebate, or other
12    form of compensation for any professional service not
13    actually or personally rendered Failure to report to the
14    Department (A) any adverse final action taken against the
15    licensee by another licensing jurisdiction, government
16    agency, law enforcement agency, or any court or (B)
17    liability for conduct that would constitute grounds for
18    action as set forth in this Section.
19        (18) Willfully making or filing false records or
20    reports related to the licensee's practice, including, but
21    not limited to, false records filed with federal or State
22    agencies or departments Inability to practice the
23    profession with reasonable judgment, skill or safety as a
24    result of a physical illness, including but not limited to
25    deterioration through the aging process or loss of motor
26    skill, or a mental illness or disability.

 

 

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1        (19) Willfully failing to report an instance of
2    suspected child abuse or neglect as required under the
3    Abused and Neglected Child Reporting Act Inability to
4    practice the profession for which he or she is licensed
5    with reasonable judgment, skill, or safety as a result of
6    habitual or excessive use or addiction to alcohol,
7    narcotics, stimulants, or any other chemical agent or drug.
8        (20) Being named as a perpetrator in an indicated
9    report by the Department of Children and Family Services
10    under the Abused and Neglected Child Reporting Act and upon
11    proof, by clear and convincing evidence, that the licensee
12    has caused a child to be an abused child or neglected child
13    as defined in the Abused and Neglected Child Reporting Act
14    Gross malpractice.
15        (21) Immoral conduct in the commission of an act
16    related to the licensee's practice, including but not
17    limited to sexual abuse, sexual misconduct, or sexual
18    exploitation.
19        (22) Violation of the Health Care Worker Self-Referral
20    Act.
21        (23) Solicitation of business or professional
22    services, other than permitted advertising.
23        (24) Conviction of or cash compromise of a charge or
24    violation of the Illinois Controlled Substances Act.
25        (25) Gross, willful, or continued overcharging for
26    professional services, including filing false statements

 

 

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1    for collection of fees for which services are not rendered.
2        (26) Practicing under a false name or, except as
3    allowed by law, an assumed name.
4        (27) Violating any provision of this Act or the rules
5    promulgated under this Act, including, but not limited to,
6    advertising.
7    (b) A licensee or applicant who, because of a physical or
8mental illness or disability, including, but not limited to,
9deterioration through the aging process or loss of motor skill,
10is unable to practice the profession with reasonable judgment,
11skill, or safety, may be required by the Department to submit
12to care, counseling or treatment by physicians approved or
13designated by the Department, as a condition, term, or
14restriction for continued, reinstated, or renewed licensure to
15practice. Submission to care, counseling or treatment as
16required by the Department shall not be considered discipline
17of the licensee. If the licensee refuses to enter into a care,
18counseling or treatment agreement or fails to abide by the
19terms of the agreement the Department may file a complaint to
20suspend or revoke the license or otherwise discipline the
21licensee. The Secretary may order the license suspended
22immediately, pending a hearing by the Department. Fines shall
23not be assessed in the disciplinary actions involving physical
24or mental illness or impairment.
25    (b-5) The Department may refuse to issue or may suspend,
26without a hearing as provided for in the Civil Administrative

 

 

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1Code of Illinois, the license of a person who fails to file a
2return, to pay the tax, penalty, or interest shown in a filed
3return, or to pay any final assessment of tax, penalty, or
4interest as required by any tax Act administered by the
5Department of Revenue, until such time as the requirements of
6the tax Act are satisfied in accordance with subsection (g) of
7Section 2105-15 of the Department of Professional Regulation
8Law of the Civil Administrative Code of Illinois (20 ILCS
92105/2105-15).
10    (c) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code, as amended, operates as an automatic suspension. The
14suspension will end only upon a finding by a court that the
15licensee is no longer subject to the involuntary admission or
16judicial admission and issues an order so finding and
17discharging the licensee; and upon the recommendation of the
18Board to the Secretary that the licensee be allowed to resume
19his or her practice.
20    (b) (d) In enforcing this Section, the Department or Board,
21upon a showing of a possible violation, may order a licensee or
22applicant to submit to a mental or physical examination, or
23both, at the expense of the Department. The Department or Board
24may order the examining physician to present testimony
25concerning his or her examination of the licensee or applicant.
26No information shall be excluded by reason of any common law or

 

 

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1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3examining physicians shall be specifically designated by the
4Board or Department. The licensee or applicant may have, at his
5or her own expense, another physician of his or her choice
6present during all aspects of the examination. Failure of a
7licensee or applicant to submit to any such examination when
8directed, without reasonable cause as defined by rule, shall be
9grounds for either the immediate suspension of his or her
10license or immediate denial of his or her application.
11        (1) If the Secretary immediately suspends the license
12    of a licensee for his or her failure to submit to a mental
13    or physical examination when directed, a hearing must be
14    convened by the Department within 15 days after the
15    suspension and completed without appreciable delay.
16        (2) If the Secretary otherwise suspends a license
17    pursuant to the results of the licensee's mental or
18    physical examination, a hearing must be convened by the
19    Department within 15 days after the suspension and
20    completed without appreciable delay. The Department and
21    Board shall have the authority to review the licensee's
22    record of treatment and counseling regarding the relevant
23    impairment or impairments to the extent permitted by
24    applicable federal statutes and regulations safeguarding
25    the confidentiality of medical records.
26        (3) Any licensee suspended or otherwise affected under

 

 

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1    this subsection (b) (d) shall be afforded an opportunity to
2    demonstrate to the Department or Board that he or she can
3    resume practice in compliance with the acceptable and
4    prevailing standards under the provisions of his or her
5    license.
6    (c) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission as
8provided in the Mental Health and Developmental Disabilities
9Code operates as an automatic suspension. The suspension will
10end only upon a finding by a court that the licensee is no
11longer subject to the involuntary admission or judicial
12admission and issues an order so finding and discharging the
13licensee; and upon the recommendation of the Board to the
14Secretary that the licensee be allowed to resume his or her
15practice.
16    (d) In cases where the Department of Healthcare and Family
17Services (formerly the Department of Public Aid) has previously
18determined that a licensee or a potential licensee is more than
1930 days delinquent in the payment of child support and has
20subsequently certified the delinquency to the Department, the
21Department shall refuse to issue or renew or shall revoke or
22suspend that person's license or shall take other disciplinary
23action against that person based solely upon the certification
24of delinquency made by the Department of Healthcare and Family
25Services in accordance with subdivision (a)(5) of Section
262105-15 of the Department of Professional Regulation Law of the

 

 

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1Civil Administrative Code of Illinois.
2    (e) The Department shall deny a license or renewal
3authorized by this Act to a person who has failed to file a
4return, to pay the tax, penalty, or interest shown in a filed
5return, or to pay any final assessment of tax, penalty, or
6interest as required by any tax Act administered by the
7Department of Revenue, until the requirements of the tax Act
8are satisfied in accordance with subsection (g) of Section
92105-15 of the Department of Professional Regulation Law of the
10Civil Administrative Code of Illinois.
11(Source: P.A. 98-756, eff. 7-16-14.)
 
12    (225 ILCS 125/115)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 115. Injunction Injunctive action; cease and desist
15order.
16    (a) If any person violates the provisions of this Act, the
17Secretary, in the name of the People of the State of Illinois,
18through the Attorney General or the State's Attorney of the
19county in which the violation is alleged to have occurred, may
20petition for an order enjoining the violation or for an order
21enforcing compliance with this Act. Upon the filing of a
22verified petition, the court with appropriate jurisdiction may
23issue a temporary restraining order, without notice or bond,
24and may preliminarily and permanently enjoin the violation. If
25it is established that the person has violated or is violating

 

 

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1the injunction, the court may punish the offender for contempt
2of court. Proceedings under this Section are in addition to,
3and not in lieu of, all other remedies and penalties provided
4by this Act.
5    (b) Whenever, in the opinion of the Department, a person
6violates any provision of this Act, the Department may issue a
7rule to show cause why an order to cease and desist should not
8be entered against that person. The rule shall clearly set
9forth the grounds relied upon the Department and shall allow at
10least 7 days from the date of the rule to file an answer
11satisfactory to the Department. Failure to answer to the
12satisfaction of the Department shall cause an order to cease
13and desist to be issued.
14    (c) If a person practices as a perfusionist or holds
15himself or herself out as a perfusionist without being licensed
16under this Act, then any licensee under this Act, interested
17party, or person injured thereby, in addition to the Secretary
18or State's Attorney, may petition for relief as provided in
19subsection (a) of this Section.
20(Source: P.A. 96-682, eff. 8-25-09.)
 
21    (225 ILCS 125/120)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 120. Investigation; notice; hearing.
24    (a) The Department may investigate the actions of any
25applicant or of any person or entity holding or claiming to

 

 

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1hold a perfusionist license under this Act.
2    (b) The Department shall, before disciplining an applicant
3or licensee, refusing to issue or renew, suspending, or
4revoking a license or taking other discipline pursuant to
5Section 105 of this Act, and at least 30 days prior to the date
6set for the hearing, (i) notify in writing the applicant or
7licensee of the any charges made and the time and the place for
8the hearing on the charges, (ii) direct the applicant or
9licensee him or her to file a written answer to the charges
10with the Board under oath within 20 days after the service on
11him or her of the notice, and shall direct the applicant or
12licensee to file a written answer to the Department under oath
13within 20 days after the service on him or her of the notice
14and (iii) inform the applicant or licensee accused that failure
15to file a written answer to the charges will result in a
16default being entered against the applicant or licensee , if he
17or she fails to answer, default will be taken against him or
18her or that his or her license may be suspended, revoked, or
19placed on probationary status, or other disciplinary action may
20be taken with regard to the licensee, including limiting the
21scope, nature, or extent of practice, as the Department may
22consider proper.
23    (c) Written or electronic notice, and any notice in the
24subsequent proceeding, may be served by personal delivery, by
25email, or by mail to the applicant or licensee at his or her
26address of record or email address of record.

 

 

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1    (d) At the time and place fixed in the notice, the Board or
2hearing officer appointed by the Secretary shall proceed to
3hear the charges, and the parties or their counsel shall be
4accorded ample opportunity to present any statement pertinent
5statements, testimony, evidence, and argument as may be
6pertinent to the charges or to their defense arguments. The
7Board or hearing officer may continue the hearing from time to
8time.
9    (e) In case the licensee or applicant person, after
10receiving the notice, fails to file an answer, his or her
11license may, in the discretion of the Secretary Department,
12having first received the recommendation of the Board, be
13suspended, revoked, or placed on probationary status, or be
14subject to the Department may take whatever disciplinary action
15the Secretary it considers proper, including limiting the
16scope, nature, or extent of the person's practice or the
17imposition of a fine, without a hearing, if the act or acts
18charged constitute sufficient grounds for such action under
19this Act. The written notice may be served by personal delivery
20or by certified mail to the address of record or the address
21specified by the accused in his or her last communication with
22the Department.
23(Source: P.A. 96-682, eff. 8-25-09.)
 
24    (225 ILCS 125/125)
25    (Section scheduled to be repealed on January 1, 2020)

 

 

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1    Sec. 125. Record of proceedings.
2    (a) The Department, at its expense, shall preserve a record
3of all proceedings at the formal hearing of any case in which a
4license under this Act may be revoked, suspended, placed on
5probationary status, reprimanded, fined, or subjected to other
6disciplinary action with reference to the license when a
7disciplinary action is authorized under this Act and rules at a
8formal hearing conducted pursuant to Section 120 of this Act.
9The notice of hearing, complaint, and all other documents in
10the nature of pleadings and written motions filed in the
11proceedings, the transcript of testimony, the report of the
12Board or hearing officer, and orders of the Department shall be
13the record of the proceeding. The record may be made available
14to any The Department shall supply a transcript of the record
15to a person interested in the hearing on payment of the fee
16required under Section 2105-115 of the Department of
17Professional Regulation Law.
18    (b) The Department may contract for court reporting
19services, and, if it does so, the Department shall provide the
20name and contact information for the certified shorthand
21reporter who transcribed the testimony at a hearing to any
22person interested, who may obtain a copy of the transcript of
23any proceedings at a hearing upon payment of the fee specified
24by the certified shorthand reporter.
25(Source: P.A. 99-642, eff. 7-28-16.)
 

 

 

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1    (225 ILCS 125/140)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 140. Subpoena; depositions; oaths.
4    (a) The Department has the power to subpoena documents,
5books, records or other materials and to bring before it any
6person and to take testimony either orally or by deposition,
7with the same fees and mileage and in the same manner as is
8prescribed in civil cases in circuit courts of this State.
9    (b) The Secretary, the designated hearing officer, and any
10Board member has the power to administer oaths to witnesses at
11any hearing that the Department is authorized to conduct, and
12any other oaths authorized in any Act administered by the
13Department.
14(Source: P.A. 96-682, eff. 8-25-09.)
 
15    (225 ILCS 125/150)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 150. Hearing; motion for Board; rehearing.
18    (a) The Board or hearing officer appointed by the Secretary
19shall hear evidence in support of the formal charges and
20evidence produced by the licensee. At the conclusion of the
21hearing, the Board or hearing officer shall present to the
22Secretary a written report of its findings of fact, conclusions
23of law, and recommendations. If the Board fails to present its
24report, the applicant or licensee may request in writing a
25direct appeal to the Secretary, in which case the Secretary may

 

 

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1issue an order based upon the report of the hearing officer and
2the record of the proceedings or issue an order remanding the
3matter back to the hearing officer for additional proceedings
4in accordance with the order.
5    (b) At the conclusion of the hearing, a copy of the Board's
6report shall be served upon the applicant or licensee by the
7Department, either personally or as provided in this Act for
8the service of a notice of hearing. Within 20 days after such
9the service, the applicant or licensee may present to the
10Department a motion in writing for a rehearing, which shall
11specify the particular grounds for a rehearing. The Department
12may respond to the motion for rehearing within 20 days after
13its service on the Department. If no motion for rehearing is
14filed, then upon the expiration of the specified time for
15filing such a motion, or upon denial of if a motion for
16rehearing is denied, then upon the denial the Secretary may
17enter an order in accordance with the recommendations of the
18Board or hearing officer , except as provided in Section 160 of
19this Act. If the applicant or licensee orders a transcript of
20the record from the reporting service and pays for a the
21transcript of the record within the time for filing a motion
22for rehearing, the 20-day period within which such a motion may
23be filed shall commence upon the delivery of the transcript to
24the applicant or licensee.
25    (c) If the Secretary disagrees in any regard with the
26report of the Board, the Secretary may issue an order contrary

 

 

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1to the report.
2    (d) Whenever the Secretary is not satisfied that
3substantial justice has been done, the Secretary may order a
4hearing by the same or another hearing officer.
5    (e) At any point in any investigation or disciplinary
6proceeding provided for in this Act, both parties may agree to
7a negotiated consent order. The consent order shall be final
8upon signature of the Secretary.
9(Source: P.A. 96-682, eff. 8-25-09.)
 
10    (225 ILCS 125/170)
11    (Section scheduled to be repealed on January 1, 2020)
12    Sec. 170. Hearing officer. Notwithstanding any provision
13of this Act, the The Secretary shall have the authority to
14appoint an attorney licensed to practice law in this State to
15serve as the hearing officer in any action for refusal to
16issue, restore, or renew a license or to discipline a licensee.
17The Board may have at least one member present at any hearing
18conducted by the hearing officer. The hearing officer shall
19have full authority to conduct the hearing. A Board member or
20members may attend the hearing. The hearing officer shall
21report his or her findings of fact, conclusions of law, and
22recommendations to the Secretary and the Board. The Board shall
23have 60 days from receipt of the report to review the report of
24the hearing officer and to present its findings of fact,
25conclusions of law, and recommendations to the Secretary and to

 

 

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1all parties to the proceeding. If the Board fails to present
2its report within the 60-day period, the respondent may request
3in writing a direct appeal to the Secretary, in which case the
4Secretary shall, within 7 calendar days after such request,
5issue an order directing the Board to issue its findings of
6fact, conclusions of law, and recommendations to the Secretary
7within 30 calendar days of such order. If the Board fails to
8issue its findings of fact, conclusions of law, and
9recommendations within that time frame to the Secretary after
10the entry of such order, the Secretary shall, within 30
11calendar days thereafter, issue an order based upon the report
12of the hearing officer and the record of the proceedings in
13accordance with such order. If (i) a direct appeal is
14requested, (ii) the Board fails to issue its findings of fact,
15conclusions of law, and recommendations within its 30-day
16mandate from the Secretary or the Secretary fails to order the
17Board to do so, and (iii) the Secretary fails to issue an order
18within 30 calendar days thereafter, then the hearing officer's
19report is deemed accepted and a final decision of the
20Secretary. Notwithstanding the foregoing, should the
21Secretary, upon review, determine that substantial justice has
22not been done in the revocation, suspension, or refusal to
23issue or renew a license, or other disciplinary action taken
24per the result of the entry of such hearing officer's report,
25the Secretary may order a rehearing by the same or another
26examiner. If the Secretary disagrees with the recommendation of

 

 

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1the Board or hearing officer, he or she may issue an order in
2contravention of the recommendation.
3(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
4    (225 ILCS 125/185)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 185. Restoration from disciplinary status of a
7suspended or revoked license.
8    (a) At any time after the successful completion of a term
9of probation, suspension, or revocation of a license, the
10Department may restore the license it to the licensee upon
11written recommendation of the Board unless, after an
12investigation and a hearing, the Department Board determines
13that restoration is not in the public interest.
14    (b) Where circumstances of suspension or revocation so
15indicate, or on the recommendation of the Board, the Department
16may require an examination of the licensee before restoring his
17or her license.
18    (c) No person whose license has been revoked as authorized
19in this Act may apply for restoration of that license until
20such time as provided for in the Civil Administrative Code of
21Illinois.
22    (d) A license that has been suspended or revoked shall be
23considered nonrenewed for purposes of restoration and a
24licensee restoring his or her license from suspension or
25revocation must comply with the requirements for restoration as

 

 

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1set forth in Section 70 of this Act and any related rules
2adopted.
3(Source: P.A. 96-682, eff. 8-25-09.)
 
4    (225 ILCS 125/200)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 200. Temporary Summary suspension of a license. The
7Secretary may temporarily summarily suspend the license of a
8perfusionist without a hearing, simultaneously with the
9institution of proceedings for a hearing provided for in
10Section 120 of this Act, if the Secretary finds that evidence
11in the Secretary's possession indicates that continuation in
12practice would constitute an imminent danger to the public. If
13In the event the Secretary suspends a license of a licensed
14perfusionist without a hearing, a hearing must be commenced
15within 30 days after the suspension has occurred and shall be
16concluded as expeditiously as may be practical.
17(Source: P.A. 96-682, eff. 8-25-09.)
 
18    (225 ILCS 125/210)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 210. Administrative review Review Law.
21    (a) All final administrative decisions of the Department
22are subject to judicial review under the Administrative Review
23Law and its rules. The term "administrative decision" is
24defined as in Section 3-101 of the Code of Civil Procedure.

 

 

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1    (b) Proceedings for judicial review shall be commenced in
2the circuit court of the county in which the party seeking
3review resides. If the party seeking review is not a resident
4of this State, venue shall be in Sangamon County.
5    (c) The Department shall not be required to certify any
6record to the court or file any answer in court, or to
7otherwise appear in any court in a judicial review proceeding,
8unless and until the Department has received from the plaintiff
9payment of the costs of furnishing and certifying the record,
10which costs shall be determined by the Department.
11    (d) Failure on part of the plaintiff to file a receipt in
12court shall be grounds for dismissal of the action.
13    (e) During the pendency and hearing of any and all judicial
14proceedings incident to a disciplinary action, the sanctions
15imposed upon the applicant or licensee by the Department shall
16remain in full force and effect.
17(Source: P.A. 91-580, eff. 1-1-00.)
 
18    (225 ILCS 125/220)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 220. Unlicensed practice; violations; civil
21penalties.
22    (a) Any No person who practices shall practice, offers
23offer to practice, attempts attempt to practice, or holds hold
24himself or herself out to practice as a perfusionist without
25being licensed or exempt a license issued by the Department to

 

 

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1that person under this Act shall, in . (b) In addition to any
2other penalty provided by law, a person who violates subsection
3(a) of this Section shall pay a civil penalty to the Department
4in an amount not to exceed $10,000 for each offense as
5determined by the Department. The civil penalty shall be
6assessed by the Department after a hearing is held in
7accordance with the provisions set forth in this Act regarding
8the provisions of a hearing for the discipline of a licensee of
9this Act.
10    (b) (c) The Department may has the authority and power to
11investigate any actual, alleged, or suspected and all
12unlicensed activity.
13    (c) (d) The civil penalty assessed under this Act shall be
14paid within 60 days after the effective date of the order
15imposing the civil penalty. The order shall constitute a final
16judgment and may be filed and execution had thereon in the same
17manner as a judgment from a court of record.
18    (d) A person or entity not licensed under this Act who has
19violated any provision of this Act or its rules is guilty of a
20Class A misdemeanor for the first offense and a Class 4 felony
21for a second and subsequent offenses. (e) All moneys collected
22under this Section shall be deposited into the General
23Professions Dedicated Fund.
24(Source: P.A. 96-682, eff. 8-25-09.)
 
25    (225 ILCS 125/95 rep.)

 

 

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1    (225 ILCS 125/100 rep.)
2    (225 ILCS 125/135 rep.)
3    (225 ILCS 125/145 rep.)
4    (225 ILCS 125/155 rep.)
5    (225 ILCS 125/212 rep.)
6    (225 ILCS 125/215 rep.)
7    (225 ILCS 125/225 rep.)
8    (225 ILCS 125/227 rep.)
9    Section 15. The Perfusionist Practice Act is amended by
10repealing Sections 95, 100, 135, 145, 155, 212, 215, 225, and
11227.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.