Sen. Omar Aquino

Filed: 4/1/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 656

2    AMENDMENT NO. ______. Amend Senate Bill 656 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts repealed on January 1, 2020.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8Acts are repealed on January 1, 2020: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.

 

 

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1    The Pharmacy Practice Act.
2    The Professional Engineering Practice Act of 1989.
3    The Real Estate License Act of 2000.
4    The Structural Engineering Practice Act of 1989.
5(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
6100-863, eff. 8-14-18.)
 
7    (5 ILCS 80/4.40 new)
8    Sec. 4.40. Act repealed on January 1, 2030. The following
9Act is repealed on January 1, 2030:
10    The Perfusionist Practice Act.
 
11    Section 10. The Perfusionist Practice Act is amended by
12changing Sections 10, 15, 25, 30, 60, 65, 70, 75, 80, 90, 105,
13115, 120, 125, 140, 150, 170, 185, 200, 210, and 220 and by
14adding Sections 11, 26, and 31 as follows:
 
15    (225 ILCS 125/10)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 10. Definitions. As used in this Act:
18    "Address of Record" means the designated address recorded
19by the Department in the applicant's or licensee's application
20file or license file maintained by the Department. It is the
21duty of the applicant or licensee to inform the Department of
22any change of address, and such changes must be made either
23through the Department's website or by directly contacting the

 

 

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1Department.
2    "Board" means the Board of Licensing for Perfusionists.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Email address of record" means the designated email
6address of record by the Department in the applicant's
7application file or the licensee's license file as maintained
8by the Department's licensure maintenance unit.
9    "Extracorporeal circulation" means the diversion of a
10patient's blood through a heart-lung machine or a similar
11device that assumes the functions of the patient's heart,
12lungs, kidney, liver, or other organs.
13    "New graduate perfusionist" means a perfusionist
14practicing within a period of one year since the date of
15graduation from a Commission on Accreditation of Allied Health
16Education Programs accredited perfusion education program.
17    "Perfusion" means the functions necessary for the support,
18treatment, measurement, or supplementation of the
19cardiovascular systems or other organs, or a combination of
20those functions, and to ensure the safe management of
21physiologic functions by monitoring and analyzing the
22parameters of the systems under an order and under the
23supervision of a physician licensed to practice medicine in all
24its branches.
25    "Perfusionist" means a person, qualified by academic and
26clinical education, to operate the extracorporeal circulation

 

 

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1equipment during any medical situation where it is necessary to
2support or replace a person's cardiopulmonary, circulatory, or
3respiratory function. A perfusionist is responsible for the
4selection of appropriate equipment and techniques necessary
5for support, treatment, measurement, or supplementation of the
6cardiopulmonary and circulatory system of a patient, including
7the safe monitoring, analysis, and treatment of physiologic
8conditions under an order and under the supervision of a
9physician licensed to practice medicine in all its branches and
10in coordination with a registered professional nurse.
11    "Perfusion protocols" means perfusion related policies and
12protocols developed or approved by a licensed health facility
13or a physician through collaboration with administrators,
14licensed perfusionists, and other health care professionals.
15    "Physician" or "operating physician" means a person
16licensed to practice medicine in all of its branches under the
17Medical Practice Act of 1987.
18    "Secretary" means the Secretary of the Department of
19Financial and Professional Regulation.
20(Source: P.A. 96-682, eff. 8-25-09.)
 
21    (225 ILCS 125/11 new)
22    Sec. 11. Address of record; email address of record. All
23applicants and licensees shall:
24        (1) provide a valid address and email address to the
25    Department, which shall serve as the address of record and

 

 

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1    email address of record, respectively, at the time of
2    application for licensure or renewal of a license; and
3        (2) inform the Department of any change of address of
4    record or email address of record within 14 days after such
5    change either through the Department's website or by
6    contacting the Department's licensure maintenance unit.
 
7    (225 ILCS 125/15)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 15. Functions, powers, Powers and duties of the
10Department. The Department shall, subject Subject to the
11provisions of this Act, exercise the following functions,
12powers, and duties the Department may:
13        (1) Authorize examinations to ascertain the fitness
14    and qualifications of applicants for licensure and pass (a)
15    Pass upon the qualifications of applicants for licensure by
16    endorsement.
17        (2) Adopt rules required for the administration of this
18    Act (b) Conduct hearings on proceedings to refuse to issue
19    or renew a license, or to revoke or suspend a license, or
20    to place on probation, reprimand, or take any other
21    disciplinary or non-disciplinary action with regard to a
22    person licensed under this Act.
23        (3) (c) Formulate rules required for the
24    administration of this Act.
25        (4) Conduct hearings on proceedings to refuse to issue

 

 

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1    or renew licenses, or to revoke, suspend, place on
2    probation, or reprimand persons licensed under this Act (d)
3    Obtain written recommendations from the Board regarding
4    (i) curriculum content, standards of professional conduct,
5    formal disciplinary actions, and the formulation of rules,
6    and (ii) when petitioned by the applicant, opinions
7    regarding the qualifications of applicants for licensing.
8        (5) Issue licenses to those who meet the requirements
9    of this Act (e) Maintain rosters of the names and address
10    of all licensees, and all persons whose licenses have been
11    suspended, revoked, or denied renewal for cause or
12    otherwise disciplined within the previous calendar year.
13    These rosters shall be available upon written request and
14    payment of the required fee as established by rule.
15        (6) Conduct investigations related to possible
16    violations of this Act.
17(Source: P.A. 96-682, eff. 8-25-09.)
 
18    (225 ILCS 125/25)
19    (Section scheduled to be repealed on January 1, 2020)
20    Sec. 25. Board of Licensing for Perfusionists.
21    (a) The Secretary shall appoint a Board of Licensing for
22Perfusionists which shall serve in an advisory capacity to the
23Secretary. The Board shall consist be comprised of 5 members
24who shall serve in an advisory capacity to the Secretary
25persons appointed by the Secretary, who shall give due

 

 

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1consideration to recommendations by members of the profession
2of perfusion and perfusion organizations within the State. All
3shall be residents of Illinois. (b) Two members must hold an
4active license to engage in the practice of perfusion in this
5State. One , one member shall must be a physician licensed
6under the Medical Practice Act of 1987 who is board certified
7in and actively engaged in the practice of cardiothoracic
8surgery. One , one member shall must be a licensed registered
9professional nurse certified by the Association of
10periOperative Registered Operating Room Nurses. In addition to
11the 4 licensed members, there shall be , and one public member.
12The public member shall not hold a license must be a member of
13the public who is not licensed under this Act or a similar Act
14of this State another jurisdiction and who shall have has no
15connection with the profession of perfusion.
16    (b) (c) Members shall serve 4-year terms and until their
17successors are appointed and qualified, except that, of the
18initial appointments, 2 members shall be appointed to serve for
192 years, 2 members shall be appointed to serve for 3 years, and
201 member shall be appointed to serve for 4 years, and until
21their successors are appointed and qualified.
22    (c) In appointing members to the Board, the Secretary shall
23give due consideration to recommendations made by members and
24organizations of the perfusionist profession.
25    (d) The membership of the Board should reasonably reflect
26representation from the geographic areas in this State.

 

 

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1    (e) No member shall be reappointed to the Board for a term
2that would cause his or her continuous service on the Board to
3be longer than 8 consecutive years.
4    (f) (d) Appointments to fill vacancies shall be made in the
5same manner as original appointments for the unexpired portion
6of the vacated term.
7    (e) The Board shall annually elect a chairperson and a
8vice-chairperson who shall preside in the absence of the
9chairperson.
10    (f) Insofar as possible, the licensed professionals
11appointed to serve on the Board shall be generally
12representative of the occupational and geographical
13distribution of licensed professionals within this State.
14    (g) The Secretary may remove or suspend any member for
15cause at any time before the expiration of his or her term. The
16Secretary shall be the sole arbiter of cause.
17    (h) The Secretary may give due consideration to all
18recommendations of the Board.
19    (g) (i) Three Board members shall constitute a quorum. A
20quorum is required for all Board decisions.
21    (h) The Secretary may terminate the appointment of any
22member for cause which in the opinion of the Secretary
23reasonably justified such termination which may include, but is
24not limited to, a Board member who does not attend 2
25consecutive meetings.
26    (i) Notice of proposed rulemaking shall be transmitted to

 

 

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1the Board and the Department shall review the response of the
2Board and any recommendations made therein.
3    (j) Members of the Board shall have no liability in any
4action based upon disciplinary proceedings or other activity
5performed in good faith as members of the Board.
6    (k) Members of the Board shall be reimbursed for all
7legitimate, necessary, and authorized expenses.
8    (j) Except for willful or wanton misconduct, members of the
9Board shall be immune from liability in any action based upon
10any disciplinary proceeding or other activity performed in good
11faith as a member of the Board.
12(Source: P.A. 96-682, eff. 8-25-09.)
 
13    (225 ILCS 125/26 new)
14    Sec. 26. Powers and duties of the Board. Subject to the
15provisions of this Act, the Board shall exercise the following
16functions, powers, and duties:
17        (1) The Board shall hold at least 2 regular meetings
18    each year.
19        (2) The Board shall annually elect a Chairperson and a
20    Vice Chairperson, both of whom shall be Illinois licensed
21    perfusionists.
22        (3) The Board, upon request by the Department, may make
23    an evaluation to approve a perfusionist program,
24    examination, or certification.
25        (4) The Board shall assist the Department in conducting

 

 

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1    oral interviews, disciplinary conferences, informal
2    conferences, and formal evidentiary hearings.
3    The Department may at any time seek the expert advice and
4knowledge of the Board on any matter related to the enforcement
5of this Act.
 
6    (225 ILCS 125/30)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 30. Application for licensure.
9    (a) An application for an original initial license shall be
10made to the Department in writing on forms or electronically as
11prescribed by the Department and shall be accompanied by the
12required nonrefundable fee, which shall not be refundable. All
13applications shall contain information that, in the judgment of
14the Department, will enable the Department to pass on the
15qualifications of the applicant for a license as a
16perfusionist. An application shall require information that,
17in the judgment of the Department, will enable the Department
18to evaluate the qualifications of an applicant for licensure.
19    (b) If an applicant fails to obtain a license under this
20Act within 3 years after filing his or her application, the
21application shall be denied, the fee shall be forfeited, and
22the applicant must reapply and meet the requirements in effect
23at the time of reapplication. The applicant may make a new
24application, which shall be accompanied by the required
25nonrefundable fee. The applicant shall be required to meet the

 

 

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1qualifications required for licensure at the time of
2reapplication.
3    A person shall be qualified for licensure as a perfusionist
4if that person:
5        (1) has applied to the Department for licensure in
6    accordance with this Section;
7        (2) has not violated a provision of Section 110 of this
8    Act; in addition the Department may take into consideration
9    any felony conviction of the applicant, but a conviction
10    shall not operate as an absolute bar to licensure; and
11        (3) has successfully completed the examination
12    provided by the American Board of Cardiovascular Perfusion
13    (ABCP) or its successor agency or a substantially
14    equivalent examination approved by the Department;
15        (4) has met the requirements for certification set
16    forth by the American Board of Cardiovascular Perfusion or
17    its successor agency; and
18        (5) has graduated from a school accredited by the
19    Commission on the Accreditation of Allied Health Education
20    Programs (CAAHEP) or a similar accrediting body approved by
21    the Department.
22(Source: P.A. 91-580, eff. 1-1-00.)
 
23    (225 ILCS 125/31 new)
24    Sec. 31. Qualification. A person shall be qualified for
25licensure as a perfusionist if that person:

 

 

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1        (1) has applied to the Department for licensure in
2    accordance with this Act;
3        (2) has not violated any provision of this Act; and
4        (3) has met the requirements for licensure as set forth
5    by this Act and rules.
 
6    (225 ILCS 125/60)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 60. Display of license; change of address. A licensee
9shall maintain on file at all times during which the licensee
10provides services in a health care facility a true and correct
11copy of the license certificate in the appropriate records of
12the facility.
13(Source: P.A. 96-682, eff. 8-25-09.)
 
14    (225 ILCS 125/65)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 65. Endorsement Licensure by endorsement.
17    (a) The Department may, upon application in writing on
18forms or electronically accompanied by the required fee, issue
19a license as a perfusionist to an applicant who is a
20perfusionist licensed under the law of another state, the
21District of Columbia, territory, or country, if the
22requirements for licensure in that jurisdiction were, at the
23date of original licensure, substantially equivalent to the
24requirements in force in this State.

 

 

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1    (b) An applicant who holds a current certificate as a
2certified clinical perfusionist issued by the American Board of
3Cardiovascular Perfusion, or its equivalent, as approved by the
4Department, prior to January 1, 1999 may apply for endorsement
5as stated in subsection (a) of this Section.
6    (c) If the accuracy of any submitted documentation or
7relevance or sufficiency of the course work or experience is
8questioned by the Department or the Board because of a lack of
9information, discrepancies, or conflicts in information given,
10or a need for clarification, the applicant seeking licensure
11may be required to provide additional information.
12    (d) Applicants have 3 years from the date of application to
13complete the application process. If the process has not been
14completed in 3 years, the application shall be denied, the fee
15forfeited, and the applicant must reapply and meet the
16requirements in effect at the time of reapplication.
17The Department may, in its discretion, license as a
18perfusionist, without examination and on payment of the
19required fee, an applicant who (1) is licensed as a
20perfusionist under the laws of another state, territory, or
21country, if the requirements for licensure in that state,
22territory, or country in which the applicant was licensed were,
23at the date of his or her licensure, substantially equal to the
24requirements in force in this State on that date or (2) holds a
25current certificate as a certified clinical perfusionist
26issued by the American Board of Cardiovascular Perfusion

 

 

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1(ABCP), or its successor organization, prior to January 1,
21999.
3(Source: P.A. 91-580, eff. 1-1-00.)
 
4    (225 ILCS 125/70)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 70. Renewal, reinstatement, or restoration of
7license; persons in military service.
8    (a) The expiration date and renewal period for each license
9issued under this Act shall be set by the Department by rule.
10The holder of a license A licensee may renew the his or her
11license during the month preceding the expiration date of the
12license by paying the required fee. It is the responsibility of
13the licensee to notify the Department in writing of a change of
14address.
15    (b) A licensee who has permitted his or her license to
16expire or who has had his or her license placed on inactive
17status may have his or her the license restored by making
18application to the Department, and by filing proof acceptable
19to the Department of his or her fitness to have the license
20restored, including, but not limited to, sworn practice in
21another jurisdiction satisfactory to the Department and by
22paying the required fees as determined by rule. Proof of
23fitness may include sworn evidence certifying to active lawful
24practice in another jurisdiction.
25    (c) A perfusionist If the licensee has not maintained an

 

 

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1active practice in another jurisdiction satisfactory to the
2Department, the Department shall determine, by an evaluation
3program established by rule, his or her fitness for restoration
4of the license and shall establish procedures and requirements
5for restoration. However, a licensee whose license has expired
6while engaged he or she was (1) in federal service on active
7duty with the Armed Forces of the United States or the State
8Militia called into service or training, or (2) in training or
9education under the supervision of the United States before
10induction into the military service, may have the license
11restored or reinstated without paying any lapsed
12reinstatement, renewal, or restoration fees if within 2 years
13after honorable termination other than by dishonorable
14discharge of such the service, training, or education and he or
15she furnishes the Department is furnished with satisfactory
16evidence to the effect that the licensee he or she has been so
17engaged in the practice of perfusion and that such and that his
18or her service, training, or education has been so terminated.
19(Source: P.A. 96-682, eff. 8-25-09.)
 
20    (225 ILCS 125/75)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 75. Continuing education. The Department may adopt
23rules of continuing education for persons licensed under this
24Act. The Department shall consider the recommendations of the
25Board in establishing the guidelines for continuing education

 

 

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1requirements. The requirements of this Section shall apply to
2any person seeking renewal or restoration under Sections 70 and
380 of this Act licensees that require 30 hours of continuing
4education per 2 year license renewal cycle. The rules shall
5address variances in part or in whole for good cause, including
6without limitation temporary illness or hardship. The
7Department may approve continuing education programs offered,
8provided, and approved by the American Board of Cardiovascular
9Perfusion, or its successor agency. The Department may approve
10additional continuing education sponsors. Each licensee is
11responsible for maintaining records of his or her completion of
12the continuing education and shall be prepared to produce the
13records when requested by the Department.
14(Source: P.A. 96-682, eff. 8-25-09.)
 
15    (225 ILCS 125/80)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 80. Inactive status. A person licensed under this Act
18licensee who notifies the Department, in writing on forms
19prescribed by the Department, may elect to place his or her
20license on an inactive status and shall, subject to rules of
21the Department, be excused from payment of renewal fees until
22he or she notifies the Department in writing of his or her
23intention to restore the license. A licensee requesting
24restoration from inactive status shall pay the current renewal
25fee and shall restore his or her license in accordance with

 

 

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1Section 70 of this Act. A licensee whose license is on inactive
2status shall not practice as a perfusionist in this State. A
3licensee who engages in practice as a perfusionist while his or
4her license is lapsed or on inactive status shall be considered
5to be practicing without a license, which shall be grounds for
6discipline under Section 105 of this Act.
7(Source: P.A. 91-580, eff. 1-1-00.)
 
8    (225 ILCS 125/90)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 90. Fees; deposit of fees and fines.
11    (a) The Department shall provide set by rule for a schedule
12of fees to be paid for licenses by applicants for the
13administration of this Act, including, but not limited to, fees
14for initial and renewal licensure and restoration of a license.
15All The fees are shall be nonrefundable.
16    (b) The fees for the administration and enforcement of the
17Act, including but not limited to original licensure, renewal,
18and restoration shall be set by rule by the Department.
19    (c) (b) All of the fees and fines collected as authorized
20under this Act shall be deposited into the General Professions
21Dedicated Fund. The monies deposited into the Fund shall be
22appropriated to the Department for expenses of the Department
23in the administration of this Act.
24(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 

 

 

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1    (225 ILCS 125/105)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 105. Grounds for disciplinary action Disciplinary
4actions.
5    (a) The Department may refuse to issue, renew, or restore a
6license, or may revoke, or suspend a license, or may place on
7probation, reprimand, or take any other disciplinary or
8non-disciplinary action as the Department may deem proper with
9regard to a person licensed under this Act, including but not
10limited to the imposition of fines not to exceed $10,000 per
11for each violation with regard to any license issued under this
12Act, for any one or a any combination of the following reasons
13causes:
14        (1) Making a material misstatement in furnishing
15    information to the Department.
16        (2) Negligence, incompetence, or misconduct in the
17    practice of perfusion Violation of this Act or any rule
18    promulgated under this Act.
19        (3) Failure to comply with any provisions of this Act
20    or any of its rules Conviction of, or entry of a plea of
21    guilty or nolo contendere to, any crime that is a felony
22    under the laws of the United States or any state or
23    territory thereof, or any crime that is a misdemeanor of
24    which an essential element is dishonesty, or any crime that
25    is directly related to the practice as a perfusionist.
26        (4) Fraud or any misrepresentation in applying for or

 

 

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1    procuring a license under this Act or in connection with
2    applying for renewal or restoration of a license under this
3    Act Making a misrepresentation for the purpose of
4    obtaining, renewing, or restoring a license.
5        (5) Purposefully making false statements or signing
6    false statements, certificates, or affidavits to induce
7    payment Aiding or assisting another person in violating a
8    provision of this Act or its rules.
9        (6) Conviction of or entry of a plea of guilty or nolo
10    contendere, finding of guilt, jury verdict, or entry of
11    judgment or sentencing, including, but not limited to,
12    convictions, preceding sentences of supervision,
13    conditional discharge, or first offender probation under
14    the laws of any jurisdiction of the United States that is
15    (i) a felony or (ii) a misdemeanor, an essential element of
16    which is dishonesty, that is directly related to the
17    practice of the profession of perfusion Failing to provide
18    information within 60 days in response to a written request
19    made by the Department.
20        (7) Aiding or assisting another in violating any
21    provision of this Act or its rules Engaging in
22    dishonorable, unethical, or unprofessional conduct of a
23    character likely to deceive, defraud, or harm the public,
24    as defined by rule of the Department.
25        (8) Failing to provide information in response to a
26    written request made by the Department within 60 days after

 

 

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1    receipt of such written request Discipline by another
2    state, the District of Columbia, or territory, or a foreign
3    nation, if at least one of the grounds for discipline is
4    the same or substantially equivalent to those set forth in
5    this Section.
6        (9) Engaging in dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public as defined by rule Directly or
9    indirectly giving to or receiving from a person, firm,
10    corporation, partnership, or association a fee,
11    commission, rebate, or other form of compensation for
12    professional services not actually or personally rendered.
13    Nothing in this paragraph (9) affects any bona fide
14    independent contractor or employment arrangements among
15    health care professionals, health facilities, health care
16    providers, or other entities, except as otherwise
17    prohibited by law. Any employment arrangements may include
18    provisions for compensation, health insurance, pension, or
19    other employment benefits for the provision of services
20    within the scope of the licensee's practice under this Act.
21    Nothing in this paragraph (9) shall be construed to require
22    an employment arrangement to receive professional fees for
23    services rendered.
24        (10) Habitual or excessive use or abuse of drugs
25    defined in law as controlled substances, of alcohol,
26    narcotics, stimulants, or any other substances that

 

 

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

 

 

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1    equivalent to those set forth in this Act Being named as a
2    perpetrator in an indicated report by the Department of
3    Children and Family Services under the Abused and Neglected
4    Child Reporting Act and upon proof by clear and convincing
5    evidence that the licensee has caused a child to be an
6    abused child or neglected child as defined in the Abused
7    and Neglected Child Reporting Act.
8        (15) The making of any willfully false oath or
9    affirmation in any matter or proceeding where an oath or
10    affirmation is required by this Act Employment of fraud,
11    deception, or any unlawful means in applying for or
12    securing a license as a perfusionist.
13        (16) Using or attempting to use an expired, inactive,
14    suspended, or revoked license, or the certificate or seal
15    of another, or impersonating another licensee Allowing
16    another person to use his or her license to practice.
17        (17) Directly or indirectly giving to or receiving from
18    any person or entity any fee, commission, rebate, or other
19    form of compensation for any professional service not
20    actually or personally rendered Failure to report to the
21    Department (A) any adverse final action taken against the
22    licensee by another licensing jurisdiction, government
23    agency, law enforcement agency, or any court or (B)
24    liability for conduct that would constitute grounds for
25    action as set forth in this Section.
26        (18) Willfully making or filing false records or

 

 

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1    reports related to the licensee's practice, including, but
2    not limited to, false records filed with federal or State
3    agencies or departments Inability to practice the
4    profession with reasonable judgment, skill or safety as a
5    result of a physical illness, including but not limited to
6    deterioration through the aging process or loss of motor
7    skill, or a mental illness or disability.
8        (19) Willfully failing to report an instance of
9    suspected child abuse or neglect as required under the
10    Abused and Neglected Child Reporting Act Inability to
11    practice the profession for which he or she is licensed
12    with reasonable judgment, skill, or safety as a result of
13    habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug.
15        (20) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act and upon
18    proof, by clear and convincing evidence, that the licensee
19    has caused a child to be an abused child or neglected child
20    as defined in the Abused and Neglected Child Reporting Act
21    Gross malpractice.
22        (21) Immoral conduct in the commission of an act
23    related to the licensee's practice, including but not
24    limited to sexual abuse, sexual misconduct, or sexual
25    exploitation.
26        (22) Violation of the Health Care Worker Self-Referral

 

 

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1    Act.
2        (23) Solicitation of business or professional
3    services, other than permitted advertising.
4        (24) Conviction of or cash compromise of a charge or
5    violation of the Illinois Controlled Substances Act.
6        (25) Gross, willful, or continued overcharging for
7    professional services, including filing false statements
8    for collection of fees for which services are not rendered.
9        (26) Practicing under a false name or, except as
10    allowed by law, an assumed name.
11        (27) Violating any provision of this Act or the rules
12    promulgated under this Act, including, but not limited to,
13    advertising.
14    (b) A licensee or applicant who, because of a physical or
15mental illness or disability, including, but not limited to,
16deterioration through the aging process or loss of motor skill,
17is unable to practice the profession with reasonable judgment,
18skill, or safety, may be required by the Department to submit
19to care, counseling or treatment by physicians approved or
20designated by the Department, as a condition, term, or
21restriction for continued, reinstated, or renewed licensure to
22practice. Submission to care, counseling or treatment as
23required by the Department shall not be considered discipline
24of the licensee. If the licensee refuses to enter into a care,
25counseling or treatment agreement or fails to abide by the
26terms of the agreement the Department may file a complaint to

 

 

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1suspend or revoke the license or otherwise discipline the
2licensee. The Secretary may order the license suspended
3immediately, pending a hearing by the Department. Fines shall
4not be assessed in the disciplinary actions involving physical
5or mental illness or impairment.
6    (b-5) The Department may refuse to issue or may suspend,
7without a hearing as provided for in the Civil Administrative
8Code of Illinois, the license of a person who fails to file a
9return, to pay the tax, penalty, or interest shown in a filed
10return, or to pay any final assessment of tax, penalty, or
11interest as required by any tax Act administered by the
12Department of Revenue, until such time as the requirements of
13the tax Act are satisfied in accordance with subsection (g) of
14Section 2105-15 of the Department of Professional Regulation
15Law of the Civil Administrative Code of Illinois (20 ILCS
162105/2105-15).
17    (c) The determination by a circuit court that a licensee is
18subject to involuntary admission or judicial admission as
19provided in the Mental Health and Developmental Disabilities
20Code, as amended, operates as an automatic suspension. The
21suspension will end only upon a finding by a court that the
22licensee is no longer subject to the involuntary admission or
23judicial admission and issues an order so finding and
24discharging the licensee; and upon the recommendation of the
25Board to the Secretary that the licensee be allowed to resume
26his or her practice.

 

 

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1    (b) (d) In enforcing this Section, the Department or Board,
2upon a showing of a possible violation, may order a licensee or
3applicant to submit to a mental or physical examination, or
4both, at the expense of the Department. The Department or Board
5may order the examining physician to present testimony
6concerning his or her examination of the licensee or applicant.
7No information shall be excluded by reason of any common law or
8statutory privilege relating to communications between the
9licensee or applicant and the examining physician. The
10examining physicians shall be specifically designated by the
11Board or Department. The licensee or applicant may have, at his
12or her own expense, another physician of his or her choice
13present during all aspects of the examination. Failure of a
14licensee or applicant to submit to any such examination when
15directed, without reasonable cause as defined by rule, shall be
16grounds for either the immediate suspension of his or her
17license or immediate denial of his or her application.
18        (1) If the Secretary immediately suspends the license
19    of a licensee for his or her failure to submit to a mental
20    or physical examination when directed, a hearing must be
21    convened by the Department within 15 days after the
22    suspension and completed without appreciable delay.
23        (2) If the Secretary otherwise suspends a license
24    pursuant to the results of the licensee's mental or
25    physical examination, a hearing must be convened by the
26    Department within 15 days after the suspension and

 

 

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1    completed without appreciable delay. The Department and
2    Board shall have the authority to review the licensee's
3    record of treatment and counseling regarding the relevant
4    impairment or impairments to the extent permitted by
5    applicable federal statutes and regulations safeguarding
6    the confidentiality of medical records.
7        (3) Any licensee suspended or otherwise affected under
8    this subsection (b) (d) shall be afforded an opportunity to
9    demonstrate to the Department or Board that he or she can
10    resume practice in compliance with the acceptable and
11    prevailing standards under the provisions of his or her
12    license.
13    (c) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code operates as an automatic suspension. The suspension will
17end only upon a finding by a court that the licensee is no
18longer subject to the involuntary admission or judicial
19admission and issues an order so finding and discharging the
20licensee; and upon the recommendation of the Board to the
21Secretary that the licensee be allowed to resume his or her
22practice.
23    (d) In cases where the Department of Healthcare and Family
24Services (formerly the Department of Public Aid) has previously
25determined that a licensee or a potential licensee is more than
2630 days delinquent in the payment of child support and has

 

 

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1subsequently certified the delinquency to the Department, the
2Department shall refuse to issue or renew or shall revoke or
3suspend that person's license or shall take other disciplinary
4action against that person based solely upon the certification
5of delinquency made by the Department of Healthcare and Family
6Services in accordance with subdivision (a)(5) of Section
72105-15 of the Department of Professional Regulation Law of the
8Civil Administrative Code of Illinois.
9    (e) The Department shall deny a license or renewal
10authorized by this Act to a person who has failed to file a
11return, to pay the tax, penalty, or interest shown in a filed
12return, or to pay any final assessment of tax, penalty, or
13interest as required by any tax Act administered by the
14Department of Revenue, until the requirements of the tax Act
15are satisfied in accordance with subsection (g) of Section
162105-15 of the Department of Professional Regulation Law of the
17Civil Administrative Code of Illinois.
18(Source: P.A. 98-756, eff. 7-16-14.)
 
19    (225 ILCS 125/115)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 115. Injunction Injunctive action; cease and desist
22order.
23    (a) If any person violates the provisions of this Act, the
24Secretary, in the name of the People of the State of Illinois,
25through the Attorney General or the State's Attorney of the

 

 

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1county in which the violation is alleged to have occurred, may
2petition for an order enjoining the violation or for an order
3enforcing compliance with this Act. Upon the filing of a
4verified petition, the court with appropriate jurisdiction may
5issue a temporary restraining order, without notice or bond,
6and may preliminarily and permanently enjoin the violation. If
7it is established that the person has violated or is violating
8the injunction, the court may punish the offender for contempt
9of court. Proceedings under this Section are in addition to,
10and not in lieu of, all other remedies and penalties provided
11by this Act.
12    (b) Whenever, in the opinion of the Department, a person
13violates any provision of this Act, the Department may issue a
14rule to show cause why an order to cease and desist should not
15be entered against that person. The rule shall clearly set
16forth the grounds relied upon the Department and shall allow at
17least 7 days from the date of the rule to file an answer
18satisfactory to the Department. Failure to answer to the
19satisfaction of the Department shall cause an order to cease
20and desist to be issued.
21    (c) If a person practices as a perfusionist or holds
22himself or herself out as a perfusionist without being licensed
23under this Act, then any licensee under this Act, interested
24party, or person injured thereby, in addition to the Secretary
25or State's Attorney, may petition for relief as provided in
26subsection (a) of this Section.

 

 

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1(Source: P.A. 96-682, eff. 8-25-09.)
 
2    (225 ILCS 125/120)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 120. Investigation; notice; hearing.
5    (a) The Department may investigate the actions of any
6applicant or of any person or entity holding or claiming to
7hold a perfusionist license under this Act.
8    (b) The Department shall, before disciplining an applicant
9or licensee, refusing to issue or renew, suspending, or
10revoking a license or taking other discipline pursuant to
11Section 105 of this Act, and at least 30 days prior to the date
12set for the hearing, (i) notify in writing the applicant or
13licensee of the any charges made and the time and the place for
14the hearing on the charges, (ii) direct the applicant or
15licensee him or her to file a written answer to the charges
16with the Board under oath within 20 days after the service on
17him or her of the notice, and shall direct the applicant or
18licensee to file a written answer to the Department under oath
19within 20 days after the service on him or her of the notice
20and (iii) inform the applicant or licensee accused that failure
21to file a written answer to the charges will result in a
22default being entered against the applicant or licensee , if he
23or she fails to answer, default will be taken against him or
24her or that his or her license may be suspended, revoked, or
25placed on probationary status, or other disciplinary action may

 

 

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1be taken with regard to the licensee, including limiting the
2scope, nature, or extent of practice, as the Department may
3consider proper.
4    (c) Written or electronic notice, and any notice in the
5subsequent proceeding, may be served by personal delivery, by
6email, or by mail to the applicant or licensee at his or her
7address of record or email address of record.
8    (d) At the time and place fixed in the notice, the Board or
9hearing officer appointed by the Secretary shall proceed to
10hear the charges, and the parties or their counsel shall be
11accorded ample opportunity to present any statement pertinent
12statements, testimony, evidence, and argument as may be
13pertinent to the charges or to their defense arguments. The
14Board or hearing officer may continue the hearing from time to
15time.
16    (e) In case the licensee or applicant person, after
17receiving the notice, fails to file an answer, his or her
18license may, in the discretion of the Secretary Department,
19having first received the recommendation of the Board, be
20suspended, revoked, or placed on probationary status, or be
21subject to the Department may take whatever disciplinary action
22the Secretary it considers proper, including limiting the
23scope, nature, or extent of the person's practice or the
24imposition of a fine, without a hearing, if the act or acts
25charged constitute sufficient grounds for such action under
26this Act. The written notice may be served by personal delivery

 

 

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1or by certified mail to the address of record or the address
2specified by the accused in his or her last communication with
3the Department.
4(Source: P.A. 96-682, eff. 8-25-09.)
 
5    (225 ILCS 125/125)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 125. Record of proceedings.
8    (a) The Department, at its expense, shall preserve a record
9of all proceedings at the formal hearing of any case in which a
10license under this Act may be revoked, suspended, placed on
11probationary status, reprimanded, fined, or subjected to other
12disciplinary action with reference to the license when a
13disciplinary action is authorized under this Act and rules at a
14formal hearing conducted pursuant to Section 120 of this Act.
15The notice of hearing, complaint, and all other documents in
16the nature of pleadings and written motions filed in the
17proceedings, the transcript of testimony, the report of the
18Board or hearing officer, and orders of the Department shall be
19the record of the proceeding. The record may be made available
20to any The Department shall supply a transcript of the record
21to a person interested in the hearing on payment of the fee
22required under Section 2105-115 of the Department of
23Professional Regulation Law.
24    (b) The Department may contract for court reporting
25services, and, if it does so, the Department shall provide the

 

 

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1name and contact information for the certified shorthand
2reporter who transcribed the testimony at a hearing to any
3person interested, who may obtain a copy of the transcript of
4any proceedings at a hearing upon payment of the fee specified
5by the certified shorthand reporter.
6(Source: P.A. 99-642, eff. 7-28-16.)
 
7    (225 ILCS 125/140)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 140. Subpoena; depositions; oaths.
10    (a) The Department has the power to subpoena documents,
11books, records or other materials and to bring before it any
12person and to take testimony either orally or by deposition,
13with the same fees and mileage and in the same manner as is
14prescribed in civil cases in circuit courts of this State.
15    (b) The Secretary, the designated hearing officer, and any
16Board member has the power to administer oaths to witnesses at
17any hearing that the Department is authorized to conduct, and
18any other oaths authorized in any Act administered by the
19Department.
20(Source: P.A. 96-682, eff. 8-25-09.)
 
21    (225 ILCS 125/150)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 150. Hearing; motion for Board; rehearing.
24    (a) The Board or hearing officer appointed by the Secretary

 

 

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1shall hear evidence in support of the formal charges and
2evidence produced by the licensee. At the conclusion of the
3hearing, the Board or hearing officer shall present to the
4Secretary a written report of its findings of fact, conclusions
5of law, and recommendations. If the Board fails to present its
6report, the applicant or licensee may request in writing a
7direct appeal to the Secretary, in which case the Secretary may
8issue an order based upon the report of the hearing officer and
9the record of the proceedings or issue an order remanding the
10matter back to the hearing officer for additional proceedings
11in accordance with the order.
12    (b) At the conclusion of the hearing, a copy of the Board's
13report shall be served upon the applicant or licensee by the
14Department, either personally or as provided in this Act for
15the service of a notice of hearing. Within 20 days after such
16the service, the applicant or licensee may present to the
17Department a motion in writing for a rehearing, which shall
18specify the particular grounds for a rehearing. The Department
19may respond to the motion for rehearing within 20 days after
20its service on the Department. If no motion for rehearing is
21filed, then upon the expiration of the specified time for
22filing such a motion, or upon denial of if a motion for
23rehearing is denied, then upon the denial the Secretary may
24enter an order in accordance with the recommendations of the
25Board or hearing officer , except as provided in Section 160 of
26this Act. If the applicant or licensee orders a transcript of

 

 

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1the record from the reporting service and pays for a the
2transcript of the record within the time for filing a motion
3for rehearing, the 20-day period within which such a motion may
4be filed shall commence upon the delivery of the transcript to
5the applicant or licensee.
6    (c) If the Secretary disagrees in any regard with the
7report of the Board, the Secretary may issue an order contrary
8to the report.
9    (d) Whenever the Secretary is not satisfied that
10substantial justice has been done, the Secretary may order a
11hearing by the same or another hearing officer.
12    (e) At any point in any investigation or disciplinary
13proceeding provided for in this Act, both parties may agree to
14a negotiated consent order. The consent order shall be final
15upon signature of the Secretary.
16(Source: P.A. 96-682, eff. 8-25-09.)
 
17    (225 ILCS 125/170)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 170. Hearing officer. Notwithstanding any provision
20of this Act, the The Secretary shall have the authority to
21appoint an attorney licensed to practice law in this State to
22serve as the hearing officer in any action for refusal to
23issue, restore, or renew a license or to discipline a licensee.
24The Board may have at least one member present at any hearing
25conducted by the hearing officer. The hearing officer shall

 

 

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1have full authority to conduct the hearing. A Board member or
2members may attend the hearing. The hearing officer shall
3report his or her findings of fact, conclusions of law, and
4recommendations to the Secretary and the Board. The Board shall
5have 60 days from receipt of the report to review the report of
6the hearing officer and to present its findings of fact,
7conclusions of law, and recommendations to the Secretary and to
8all parties to the proceeding. If the Board fails to present
9its report within the 60-day period, the respondent may request
10in writing a direct appeal to the Secretary, in which case the
11Secretary shall, within 7 calendar days after such request,
12issue an order directing the Board to issue its findings of
13fact, conclusions of law, and recommendations to the Secretary
14within 30 calendar days of such order. If the Board fails to
15issue its findings of fact, conclusions of law, and
16recommendations within that time frame to the Secretary after
17the entry of such order, the Secretary shall, within 30
18calendar days thereafter, issue an order based upon the report
19of the hearing officer and the record of the proceedings in
20accordance with such order. If (i) a direct appeal is
21requested, (ii) the Board fails to issue its findings of fact,
22conclusions of law, and recommendations within its 30-day
23mandate from the Secretary or the Secretary fails to order the
24Board to do so, and (iii) the Secretary fails to issue an order
25within 30 calendar days thereafter, then the hearing officer's
26report is deemed accepted and a final decision of the

 

 

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1Secretary. Notwithstanding the foregoing, should the
2Secretary, upon review, determine that substantial justice has
3not been done in the revocation, suspension, or refusal to
4issue or renew a license, or other disciplinary action taken
5per the result of the entry of such hearing officer's report,
6the Secretary may order a rehearing by the same or another
7examiner. If the Secretary disagrees with the recommendation of
8the Board or hearing officer, he or she may issue an order in
9contravention of the recommendation.
10(Source: P.A. 96-682, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
11    (225 ILCS 125/185)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 185. Restoration from disciplinary status of a
14suspended or revoked license.
15    (a) At any time after the successful completion of a term
16of probation, suspension, or revocation of a license, the
17Department may restore the license it to the licensee upon
18written recommendation of the Board unless, after an
19investigation and a hearing, the Department Board determines
20that restoration is not in the public interest.
21    (b) Where circumstances of suspension or revocation so
22indicate, or on the recommendation of the Board, the Department
23may require an examination of the licensee before restoring his
24or her license.
25    (c) No person whose license has been revoked as authorized

 

 

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1in this Act may apply for restoration of that license until
2such time as provided for in the Civil Administrative Code of
3Illinois.
4    (d) A license that has been suspended or revoked shall be
5considered nonrenewed for purposes of restoration and a
6licensee restoring his or her license from suspension or
7revocation must comply with the requirements for restoration as
8set forth in Section 70 of this Act and any related rules
9adopted.
10(Source: P.A. 96-682, eff. 8-25-09.)
 
11    (225 ILCS 125/200)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 200. Temporary Summary suspension of a license. The
14Secretary may temporarily summarily suspend the license of a
15perfusionist without a hearing, simultaneously with the
16institution of proceedings for a hearing provided for in
17Section 120 of this Act, if the Secretary finds that evidence
18in the Secretary's possession indicates that continuation in
19practice would constitute an imminent danger to the public. If
20In the event the Secretary suspends a license of a licensed
21perfusionist without a hearing, a hearing must be commenced
22within 30 days after the suspension has occurred and shall be
23concluded as expeditiously as may be practical.
24(Source: P.A. 96-682, eff. 8-25-09.)
 

 

 

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1    (225 ILCS 125/210)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 210. Administrative review Review Law.
4    (a) All final administrative decisions of the Department
5are subject to judicial review under the Administrative Review
6Law and its rules. The term "administrative decision" is
7defined as in Section 3-101 of the Code of Civil Procedure.
8    (b) Proceedings for judicial review shall be commenced in
9the circuit court of the county in which the party seeking
10review resides. If the party seeking review is not a resident
11of this State, venue shall be in Sangamon County.
12    (c) The Department shall not be required to certify any
13record to the court or file any answer in court, or to
14otherwise appear in any court in a judicial review proceeding,
15unless and until the Department has received from the plaintiff
16payment of the costs of furnishing and certifying the record,
17which costs shall be determined by the Department.
18    (d) Failure on part of the plaintiff to file a receipt in
19court shall be grounds for dismissal of the action.
20    (e) During the pendency and hearing of any and all judicial
21proceedings incident to a disciplinary action, the sanctions
22imposed upon the applicant or licensee by the Department shall
23remain in full force and effect.
24(Source: P.A. 91-580, eff. 1-1-00.)
 
25    (225 ILCS 125/220)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 220. Unlicensed practice; violations; civil
3penalties.
4    (a) Any No person who practices shall practice, offers
5offer to practice, attempts attempt to practice, or holds hold
6himself or herself out to practice as a perfusionist without
7being licensed or exempt a license issued by the Department to
8that person under this Act shall, in . (b) In addition to any
9other penalty provided by law, a person who violates subsection
10(a) of this Section shall pay a civil penalty to the Department
11in an amount not to exceed $10,000 for each offense as
12determined by the Department. The civil penalty shall be
13assessed by the Department after a hearing is held in
14accordance with the provisions set forth in this Act regarding
15the provisions of a hearing for the discipline of a licensee of
16this Act.
17    (b) (c) The Department may has the authority and power to
18investigate any actual, alleged, or suspected and all
19unlicensed activity.
20    (c) (d) The civil penalty assessed under this Act shall be
21paid within 60 days after the effective date of the order
22imposing the civil penalty. The order shall constitute a final
23judgment and may be filed and execution had thereon in the same
24manner as a judgment from a court of record.
25    (d) A person or entity not licensed under this Act who has
26violated any provision of this Act or its rules is guilty of a

 

 

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1Class A misdemeanor for the first offense and a Class 4 felony
2for a second and subsequent offenses. (e) All moneys collected
3under this Section shall be deposited into the General
4Professions Dedicated Fund.
5(Source: P.A. 96-682, eff. 8-25-09.)
 
6    (225 ILCS 125/95 rep.)
7    (225 ILCS 125/100 rep.)
8    (225 ILCS 125/135 rep.)
9    (225 ILCS 125/145 rep.)
10    (225 ILCS 125/155 rep.)
11    (225 ILCS 125/212 rep.)
12    (225 ILCS 125/215 rep.)
13    (225 ILCS 125/225 rep.)
14    (225 ILCS 125/227 rep.)
15    Section 15. The Perfusionist Practice Act is amended by
16repealing Sections 95, 100, 135, 145, 155, 212, 215, 225, and
17227.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".