Illinois General Assembly - Full Text of HB0533
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Full Text of HB0533  98th General Assembly



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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 4.24 and by adding Section 4.34 as follows:
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Act repealed on January 1, 2024. The following



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1Act is repealed on January 1, 2024:
2    The Registered Surgical Assistant and Registered Surgical
3Technologist Title Protection Act.
4    Section 10. The Registered Surgical Assistant and
5Registered Surgical Technologist Title Protection Act is
6amended by changing Sections 10, 20, 30, 40, 45, 50, 55, 65,
770, 75, 77, 80, 85, 90, 95, 100, 105, 110, 115, 120, 125, 130,
8135, 145, 150, and 165 and by adding Section 87 as follows:
9    (225 ILCS 130/10)
10    (Section scheduled to be repealed on January 1, 2014)
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 registrant's
14application file or registration file as maintained by the
15Department's licensure maintenance unit. It is the duty of the
16applicant or registrant to inform the Department of any change
17of address and those changes must be made either through the
18Department's website or by contacting the Department.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Direct supervision" means supervision by a licensed an
22operating physician, licensed podiatrist, or licensed dentist
23who is physically present and who personally directs delegated
24acts and remains available to personally respond to an



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1emergency until the patient is released from the operating
2room. A registered professional nurse may also provide direct
3supervision within the scope of his or her license. A
4registered surgical assistant or registered surgical
5technologist shall perform duties as assigned.
6    "Director" means the Director of Professional Regulation.
7    "Physician" or "operating physician" means a person
8licensed to practice medicine in all of its branches under the
9Medical Practice Act of 1987.
10    "Registered surgical assistant" means a person who (i) is
11not licensed to practice medicine in all of its branches, (ii)
12is certified by the National Surgical Assistant Association as
13a Certified Surgical Assistant on the Certification of Surgical
14Assistants, the National Board of Surgical Technology and
15Surgical Assisting Liaison Council on Certification for the
16Surgical Technologist as a Certified Surgical First Assistant
17certified first assistant, or the American Board of Surgical
18Assistants as a Surgical Assistant-Certified Assisting, (iii)
19performs duties under direct supervision, (iv) provides
20services only in a licensed hospital, ambulatory treatment
21center, or office of a physician licensed to practice medicine
22in all its branches, and (v) is registered under this Act.
23    "Registered surgical technologist" means a person who (i)
24is not a physician licensed to practice medicine in all of its
25branches, (ii) is certified by the National Board for Surgical
26Technology and Surgical Assisting Liaison Council on



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1Certification for the Surgical Technologist, (iii) performs
2duties under direct supervision, (iv) provides services only in
3a licensed hospital, ambulatory treatment center, or office of
4a physician licensed to practice medicine in all its branches,
5and (v) is registered under this Act.
6    "Secretary" means the Secretary of Financial and
7Professional Regulation.
8(Source: P.A. 93-280, eff. 7-1-04.)
9    (225 ILCS 130/20)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 20. Illinois Administrative Procedure Act; rules. (a)
12The Illinois Administrative Procedure Act is expressly adopted
13and incorporated in this Act as if all of the provisions of the
14Illinois Administrative Procedure Act were included in this
15Act, except that the provision of subsection (d) of Section
1610-65 of the Illinois Administrative Procedure Act that
17provides that at hearings the registrant has the right to show
18compliance with all lawful requirements for retention,
19continuation, or renewal of the registration is specifically
20excluded. For purposes of this Act, the notice required under
21Section 10-25 of the Illinois Administrative Procedure Act is
22deemed sufficient when mailed to the registrant's address of
23record last known address of a party.
24    (b) The Director may promulgate rules for the
25administration and enforcement of this Act and may prescribe



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1forms to be issued in connection with this Act.
2(Source: P.A. 93-280, eff. 7-1-04.)
3    (225 ILCS 130/30)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 30. Social Security Number on registration
6application. In addition to any other information required to
7be contained in the application, every application for an
8original certificate of registration under this Act shall
9include the applicant's Social Security Number, which shall be
10retained in the agency's records pertaining to the registration
11license. As soon as practical, the Department shall assign a
12customer's identification number to each applicant for a
13registration license.
14    Every application for a renewed, reinstated, renewal or
15restored registration license shall require the applicant's
16customer identification number.
17(Source: P.A. 97-400, eff. 1-1-12.)
18    (225 ILCS 130/40)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 40. Application of Act. This Act shall not be
21construed to prohibit the following:
22        (1) A person licensed in this State under any other Act
23    from engaging in the practice for which he or she is
24    licensed, including but not limited to a physician licensed



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1    to practice medicine in all its branches, physician
2    assistant, advanced practice registered nurse, or nurse
3    performing surgery-related tasks within the scope of his or
4    her license, nor are these individuals required to be
5    registered under this Act.
6        (2) A person from engaging in practice as a surgical
7    assistant or surgical technologist in the discharge of his
8    or her official duties as an employee of the United States
9    government.
10        (3) One or more registered surgical assistants or
11    surgical technologists from forming a professional service
12    corporation in accordance with the Professional Service
13    Corporation Act and applying for licensure as a corporation
14    providing surgical assistant or surgical technologist
15    services.
16        (4) A student engaging in practice as a surgical
17    assistant or surgical technologist under the direct
18    supervision of a physician licensed to practice medicine in
19    all of its branches as part of his or her program of study
20    at a school approved by the Department or in preparation to
21    qualify for the examination as prescribed under Sections 45
22    and 50 of this Act.
23        (5) A person from assisting in surgery at a an
24    operating physician's discretion, including but not
25    limited to medical students and residents, nor are medical
26    students and residents required to be registered under this



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1    Act.
2        (6) A hospital, health system or network, ambulatory
3    surgical treatment center, physician licensed to practice
4    medicine in all its branches, physician medical group, or
5    other entity that provides surgery-related services from
6    employing individuals that the entity considers competent
7    to assist in surgery. These entities are not required to
8    utilize registered surgical assistants or registered
9    surgical technologists when providing surgery-related
10    services to patients. Nothing in this subsection shall be
11    construed to limit the ability of an employer to utilize
12    the services of any person to assist in surgery within the
13    employment setting consistent with the individual's skill
14    and training.
15(Source: P.A. 93-280, eff. 7-1-04.)
16    (225 ILCS 130/45)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 45. Registration requirements; surgical assistant. A
19person shall qualify for registration as a surgical assistant
20if he or she has applied in writing on the prescribed form, has
21paid the required fees, and meets all of the following
23        (1) Is at least 21 years of age.
24        (2) Has not violated a provision of Section 75 95 of
25    this Act. In addition the Department may take into



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1    consideration any felony conviction of the applicant, but a
2    conviction shall not operate as an absolute bar to
3    registration unless otherwise provided by law.
4        (3) Has completed a medical education program approved
5    by the Department or has graduated from a United States
6    Military Program that emphasizes emphasized surgical
7    assisting.
8        (4) Has successfully completed a national certifying
9    examination approved by the Department.
10        (5) Is currently certified by the National Surgical
11    Assistant Association as a Certified Surgical Assistant on
12    the Certification of Surgical Assistants, the National
13    Board of Surgical Technology and Surgical Assisting
14    Liaison Council on Certification for the Surgical
15    Technologist as a Certified Surgical First Assistant
16    certified first assistant, or the American Board of
17    Surgical Assistants as a Surgical Assistant-Certified
18    Assisting.
19(Source: P.A. 93-280, eff. 7-1-04.)
20    (225 ILCS 130/50)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 50. Registration requirements; surgical technologist.
23A person shall qualify for registration as a surgical
24technologist if he or she has applied in writing on the
25prescribed form, has paid the required fees, and meets all of



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1the following requirements:
2        (1) Is at least 18 years of age.
3        (2) Has not violated a provision of Section 75 95 of
4    this Act. In addition the Department may take into
5    consideration any felony conviction of the applicant, but a
6    conviction shall not operate as an absolute bar to
7    registration unless otherwise provided by law.
8        (3) Has completed a nationally accredited surgical
9    technology technologist program approved by the Department
10    or has graduated from a United States Military Program that
11    emphasizes surgical technology.
12        (4) Has successfully completed the surgical
13    technologist national certification examination provided
14    by the National Board of Surgical Technology and Surgical
15    Assisting Liaison Council on Certification for the
16    Surgical Technologist or its successor agency.
17        (5) (Blank).
18        (6) Is currently certified by the National Board of
19    Surgical Technology and Surgical Assisting Liaison Council
20    on Certification for the Surgical Technologist or its
21    successor agency and has met the requirements set forth for
22    certification.
23(Source: P.A. 97-813, eff. 7-13-12.)
24    (225 ILCS 130/55)
25    (Section scheduled to be repealed on January 1, 2014)



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1    Sec. 55. Supervision requirement. A person registered
2under this Act shall practice as a surgical assistant only
3under direct supervision.
4(Source: P.A. 93-280, eff. 7-1-04.)
5    (225 ILCS 130/65)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 65. Inactive status. A registrant who notifies
8notified the Department in writing on forms prescribed by the
9Department may elect to place his or her registration on
10inactive status and shall, subject to rules of the Department,
11be excused from payment of renewal fees until he or she
12notifies the Department in writing of his or her intention to
13restore the registration. A registrant requesting restoration
14from inactive status shall pay the current renewal fee and
15shall restore his or her registration in accordance with
16Section 60 of this Act. A registrant whose registration license
17is on inactive or non-renewed status shall not hold himself or
18herself out as a registered surgical assistant or registered
19surgical technologist. To do so shall be grounds for discipline
20under Section 75 of this Act.
21(Source: P.A. 93-280, eff. 7-1-04.)
22    (225 ILCS 130/70)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 70. Fees; returned checks.



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1    (a) The Department shall set by rule fees for the
2administration of this Act, including but not limited to fees
3for initial and renewal registration and restoration of a
4certificate of registration.
5    (b) A person who delivers a check or other payment to the
6Department that is returned to the Department unpaid by the
7financial institution upon which it is drawn shall pay to the
8Department, in addition to the amount already owed to the
9Department, a fine of $50. The fines imposed by this Section
10are in addition to any other discipline provided under this
11Act. The Department shall notify the person that fees and fines
12shall be paid to the Department by certified check or money
13order within 30 calendar days of the notification. If, after
14the expiration of 30 days from the date of the notification,
15the person has failed to submit the necessary remittance, the
16Department shall automatically terminate the registration or
17deny the application without a hearing. If the person seeks a
18registration license after termination or denial, he or she
19shall apply to the Department for restoration or issuance of
20the registration license and pay all fees and fines due to the
21Department. The Department may establish a fee for the
22processing of an application for restoration of a registration
23license to defray the expenses of processing the application.
24The Secretary Director may waive the fines due under this
25Section in individual cases if the Secretary Director finds
26that the fines would be unreasonable or unnecessarily



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2    (c) All of the fees and fines collected under this Act
3shall be deposited into the General Professions Dedicated Fund.
4All moneys in the Fund shall be used by the Department, as
5appropriated, for the ordinary and contingent expenses of the
7(Source: P.A. 93-280, eff. 7-1-04.)
8    (225 ILCS 130/75)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 75. Grounds for disciplinary action.
11    (a) The Department may refuse to issue, renew, or restore a
12registration, may revoke or suspend a registration, or may
13place on probation, censure, reprimand, or take other
14disciplinary or non-disciplinary action with regard to a person
15registered under this Act, including but not limited to the
16imposition of fines not to exceed $10,000 $5,000 for each
17violation and the assessment of costs as provided for in
18Section 90, for any one or combination of the following causes:
19        (1) Making a material misstatement in furnishing
20    information to the Department.
21        (2) Violating a provision of this Act or its rules
22    adopted under this Act.
23        (3) Conviction by plea of guilty or nolo contendere,
24    finding of guilt, jury verdict, or entry of judgment or by
25    sentencing of any crime, including, but not limited to,



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1    convictions, preceding sentences of supervision,
2    conditional discharge, or first offender probation, under
3    the laws of any jurisdiction of the United States that is
4    (i) a felony or (ii) a misdemeanor, an essential element of
5    which is dishonesty, or that is directly related to the
6    practice of the profession. Conviction under the laws of a
7    United States jurisdiction of a crime that is a felony or a
8    misdemeanor, an essential element of which is dishonesty,
9    or of a crime that is directly related to the practice as a
10    surgical assistant or surgical technologist.
11        (4) Fraud or Making a misrepresentation in applying
12    for, renewing, restoring, reinstating, or procuring a
13    registration under this Act for the purpose of obtaining,
14    renewing, or restoring a registration.
15        (5) Aiding Wilfully aiding or assisting another person
16    in violating a provision of this Act or its rules.
17        (6) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (7) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public, as defined by rule of the
22    Department.
23        (8) Discipline by another United States jurisdiction,
24    governmental agency, unit of government, or foreign
25    nation, if at least one of the grounds for discipline is
26    the same or substantially equivalent to those set forth in



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1    this Section.
2        (9) Directly or indirectly giving to or receiving from
3    a person, firm, corporation, partnership, or association a
4    fee, 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 registrant's licensee's practice
14    under this Act. Nothing in this paragraph (9) shall be
15    construed to require an employment arrangement to receive
16    professional fees for services rendered.
17        (10) A finding by the Department that the registrant,
18    after having his or her registration placed on probationary
19    status, has violated the terms of probation.
20        (11) Willfully Wilfully making or filing false records
21    or reports in his or her practice, including but not
22    limited to false records or reports filed with State
23    agencies.
24        (12) Willfully Wilfully making or signing a false
25    statement, certificate, or affidavit to induce payment.
26        (13) Willfully Wilfully failing to report an instance



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1    of suspected child abuse or neglect as required under the
2    Abused and Neglected Child Reporting Act.
3        (14) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act and upon
6    proof by clear and convincing evidence that the registrant
7    licensee has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        (15) (Blank). Employment of fraud, deception, or any
11    unlawful means in applying for or securing a license as a
12    surgical assistant.
13        (16) Failure to report to the Department (A) any
14    adverse final action taken against the registrant by
15    another registering or 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        (17) Habitual or excessive use or abuse of drugs
20    defined in law as controlled substances, alcohol, or any
21    other substance that results in the inability to practice
22    with reasonable judgment, skill, or safety intoxication or
23    addiction to the use of drugs.
24        (18) Physical or mental illness, including but not
25    limited to deterioration through the aging process or loss
26    of motor skills, which results in the inability to practice



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1    the profession for which he or she is registered with
2    reasonable judgment, skill, or safety.
3        (19) Gross malpractice resulting in permanent injury
4    or death of a patient.
5        (20) Immoral conduct in the commission of an act
6    related to the registrant's practice, including but not
7    limited to sexual abuse, sexual misconduct, or sexual
8    exploitation.
9        (21) Violation of the Health Care Worker Self-Referral
10    Act.
11    (b) The Department may refuse to issue or may suspend
12without hearing the registration of a person who fails to file
13a return, to pay the tax, penalty, or interest shown in a filed
14return, or to pay a final assessment of the tax, penalty, or
15interest as required by a tax Act administered by the
16Department of Revenue, until the requirements of the tax Act
17are satisfied in accordance with subsection (g) of Section
182105-15 of the Department of Regulation Law of the Civil
19Administrative Code of Illinois.
20    (c) The determination by a circuit court that a registrant
21is subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code operates as an automatic suspension. The suspension will
24end only upon (1) a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission,
26(2) issuance of an order so finding and discharging the



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1patient, and (3) filing of a petition for restoration
2demonstrating fitness to practice the recommendation of the
3Department to the Director that the registrant be allowed to
4resume his or her practice.
5    (d) The Department shall deny a registration or renewal
6authorized by this Act to a person who has defaulted on an
7educational loan or scholarship provided or guaranteed by the
8Illinois Student Assistance Commission or any governmental
9agency of this State in accordance with paragraph (5) of
10subsection (a) of Section 2105-15 of the Department of
11Regulation Law of the Civil Administrative Code of Illinois.
12    (e) In cases where the Department of Healthcare and Family
13Services has previously determined a registrant or a potential
14registrant is more than 30 days delinquent in the payment of
15child support and has subsequently certified the delinquency to
16the Department, the Department may refuse to issue or renew or
17may revoke or suspend that person's registration or may take
18other disciplinary action against that person based solely upon
19the certification of delinquency made by the Department of
20Healthcare and Family Services in accordance with paragraph (5)
21of subsection (a) of Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
24    (f) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any individual
26registered under this Act or any individual who has applied for



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1registration to submit to a mental or physical examination and
2evaluation, or both, that may include a substance abuse or
3sexual offender evaluation, at the expense of the Department.
4The Department shall specifically designate the examining
5physician licensed to practice medicine in all of its branches
6or, if applicable, the multidisciplinary team involved in
7providing the mental or physical examination and evaluation, or
8both. The multidisciplinary team shall be led by a physician
9licensed to practice medicine in all of its branches and may
10consist of one or more or a combination of physicians licensed
11to practice medicine in all of its branches, licensed
12chiropractic physicians, licensed clinical psychologists,
13licensed clinical social workers, licensed clinical
14professional counselors, and other professional and
15administrative staff. Any examining physician or member of the
16multidisciplinary team may require any person ordered to submit
17to an examination and evaluation pursuant to this Section to
18submit to any additional supplemental testing deemed necessary
19to complete any examination or evaluation process, including,
20but not limited to, blood testing, urinalysis, psychological
21testing, or neuropsychological testing.
22    The Department may order the examining physician or any
23member of the multidisciplinary team to provide to the
24Department any and all records, including business records,
25that relate to the examination and evaluation, including any
26supplemental testing performed. The Department may order the



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1examining physician or any member of the multidisciplinary team
2to present testimony concerning this examination and
3evaluation of the registrant or applicant, including testimony
4concerning any supplemental testing or documents relating to
5the examination and evaluation. No information, report,
6record, or other documents in any way related to the
7examination and evaluation shall be excluded by reason of any
8common law or statutory privilege relating to communication
9between the registrant or applicant and the examining physician
10or any member of the multidisciplinary team. No authorization
11is necessary from the registrant or applicant ordered to
12undergo an evaluation and examination for the examining
13physician or any member of the multidisciplinary team to
14provide information, reports, records, or other documents or to
15provide any testimony regarding the examination and
16evaluation. The individual to be examined may have, at his or
17her own expense, another physician of his or her choice present
18during all aspects of the examination.
19    Failure of any individual to submit to mental or physical
20examination and evaluation, or both, when directed, shall
21result in an automatic suspension without a hearing until such
22time as the individual submits to the examination. If the
23Department finds a registrant unable to practice because of the
24reasons set forth in this Section, the Department shall require
25such registrant to submit to care, counseling, or treatment by
26physicians approved or designated by the Department as a



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1condition for continued, reinstated, or renewed registration.
2    When the Secretary immediately suspends a registration
3under this Section, a hearing upon such person's registration
4must be convened by the Department within 15 days after such
5suspension and completed without appreciable delay. The
6Department shall have the authority to review the registrant's
7record of treatment and counseling regarding the impairment to
8the extent permitted by applicable federal statutes and
9regulations safeguarding the confidentiality of medical
11    Individuals registered under this Act and affected under
12this Section shall be afforded an opportunity to demonstrate to
13the Department that they can resume practice in compliance with
14acceptable and prevailing standards under the provisions of
15their registration.
16    (g) All fines imposed under this Section shall be paid
17within 60 days after the effective date of the order imposing
18the fine or in accordance with the terms set forth in the order
19imposing the fine.
20(Source: P.A. 96-1482, eff. 11-29-10.)
21    (225 ILCS 130/77)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 77. Suspension of registration for failure to pay
24restitution. The Department, without further process or
25hearing, shall suspend the registration license or other



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1authorization to practice of any person issued under this Act
2who has been certified by court order as not having paid
3restitution to a person under Section 8A-3.5 of the Illinois
4Public Aid Code or under Section 17-10.5 or 46-1 of the
5Criminal Code of 1961 or the Criminal Code of 2012. A person
6whose registration license or other authorization to practice
7is suspended under this Section is prohibited from practicing
8until the restitution is made in full.
9(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
10    (225 ILCS 130/80)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 80. Cease and desist order; injunctions.
13    (a) If a person violates a provision of this Act, the
14Secretary Director, in the name of the People of the State of
15Illinois through the Attorney General of the State of Illinois,
16or the State's Attorney of a county in which the violation is
17alleged to have occurred occurs, may petition for an order
18enjoining the violation or for an order enforcing compliance
19with this Act. Upon the filing of a verified petition in court,
20the court may issue a temporary restraining order without
21notice or bond and may preliminarily and permanently enjoin the
22violation. If it is established that the registrant has
23violated or is violating the injunction, the court may punish
24the offender for contempt of court. Proceedings under this
25Section shall be in addition to, and not in lieu of, all other



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1remedies and penalties provided by this Act.
2    (b) If a person holds himself or herself out as a surgical
3assistant or surgical technologist without being registered
4under this Act, then any registrant under this Act, interested
5party, or person injured thereby, in addition to the Secretary
6Director or State's Attorney, may petition for relief as
7provided in subsection (a) of this Section.
8    (c) If the Department determines that a person violated a
9provision of this Act, the Department may issue a rule to show
10cause why an order to cease and desist should not be entered
11against him or her. The rule shall clearly set forth the
12grounds relied upon by the Department and shall provide a
13period of 7 days from the date of the rule to file an answer to
14the satisfaction of the Department. Failure to answer to the
15satisfaction of the Department shall cause an order to cease
16and desist to be issued immediately.
17(Source: P.A. 93-280, eff. 7-1-04.)
18    (225 ILCS 130/85)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 85. Investigation; notice; hearing. Certificates of
21registration may be refused, revoked, suspended, or otherwise
22disciplined in the manner provided by this Act and not
23otherwise. The Department may upon its own motion and shall
24upon the verified complaint in writing of any person setting
25forth facts that if proven would constitute grounds for refusal



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1to issue or for suspension or revocation under this Act,
2investigate the actions of a person applying for, holding, or
3claiming to hold a certificate of registration. The Department
4shall, before refusing to issue or renew a registration ,
5suspending, or revoking a certificate of registration or taking
6other disciplinary or non-disciplinary action discipline
7pursuant to Section 75 of this Act, and at least 30 days prior
8to the date set for the hearing, (i) notify in writing the
9applicant or registrant licensee of the any charges made and
10the time and place for a hearing of the charges, shall afford
11the applicant or registrant an opportunity to be heard in
12person or by counsel in reference to the charges, and (ii)
13direct the applicant or registrant to file a written answer to
14the Department under oath within 20 days after the service of
15the notice, and (iii) inform the applicant or registrant that
16failure to file an answer will result in default being taken
17against the applicant or registrant and that the certificate of
18registration may be suspended, revoked, placed on probationary
19status, or other disciplinary action may be taken, including
20limiting the scope, nature, or extent of practice, as the
21Director may deem proper.
22    Written notice and any notice in the subsequent proceeding
23may be served by personal delivery to the applicant or
24registrant or by mailing the notice by registered or certified
25mail to the applicant's or registrant's address of record his
26or her last known place of residence or to the place of



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1business last specified by the applicant or registrant in his
2or her last notification to the Department. If the person fails
3to file an answer after receiving notice, his or her
4certificate of registration may, in the discretion of the
5Department, be suspended, revoked, or placed on probationary
6status or the Department may take whatever disciplinary or
7non-disciplinary action deemed proper, including limiting the
8delegated tasks or the imposition of a fine, without a hearing,
9if the act or acts charged constitute sufficient grounds for
10such action under this Act. At the time and place fixed in the
11notice, the Department shall proceed to hearing of the charges
12and the parties and their counsel both the applicant or
13registrant and the complainant shall be afforded ample
14opportunity to present, in person or by counsel, any pertinent
15statements, testimony, evidence, and arguments that may be
16pertinent to the charges or to their defense. The Department
17may continue a hearing from time to time. The Department may
18continue a hearing for a period not to exceed 30 days.
19(Source: P.A. 93-280, eff. 7-1-04.)
20    (225 ILCS 130/87 new)
21    Sec. 87. Confidentiality. All information collected by the
22Department in the course of an examination or investigation of
23a registrant or applicant, including, but not limited to, any
24complaint against a registrant filed with the Department and
25information collected to investigate any such complaint shall



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1be maintained for the confidential use of the Department and
2shall not be disclosed. The Department shall not disclose the
3information to anyone other than law enforcement officials,
4regulatory agencies that have an appropriate regulatory
5interest as determined by the Secretary, or a party presenting
6a lawful subpoena to the Department. Information and documents
7disclosed to a federal, State, county, or local law enforcement
8agency shall not be disclosed by the agency for any purpose to
9any other agency or person. A formal complaint filed against a
10registrant by the Department or any order issued by the
11Department against a registrant or applicant shall be a public
12record, except as otherwise prohibited by law.
13    (225 ILCS 130/90)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 90. Record of proceedings. The Department, at its
16expense, shall preserve a record of all proceedings at a formal
17hearing conducted pursuant to Section 85 of this Act. Any
18registrant who is found to have violated this Act or who fails
19to appear for a hearing to refuse to issue, restore, or renew a
20registration or to discipline a registrant may be required by
21the Department to pay for the costs of the proceeding. These
22costs are limited to costs for court reporters, transcripts,
23and witness attendance and mileage fees. All costs imposed
24under this Section shall be paid within 60 days after the
25effective date of the order imposing the fine. The notice of



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1hearing, complaint, and all other documents in the nature of
2pleadings and written motions filed in the proceedings, the
3transcript of testimony, the report of the Department or
4hearing officer, and orders of the Department shall be the
5record of the proceeding. The Department shall supply a
6transcript of the record to a person interested in the hearing
7on payment of the fee required under Section 2105-115 of the
8Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois.
10(Source: P.A. 93-280, eff. 7-1-04.)
11    (225 ILCS 130/95)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 95. Order for production of documents. A circuit court
14may, upon application of the Department, or its designee, or of
15the applicant or registration against whom proceedings
16pursuant to Section 85 of this Act are pending, enter an may
17order requiring the attendance and testimony of witnesses and
18their testimony and the production of relevant documents,
19papers, files, books, and records in connection with a hearing
20or investigation authorized by this Act. The court may compel
21obedience to its order through contempt proceedings.
22(Source: P.A. 93-280, eff. 7-1-04.)
23    (225 ILCS 130/100)
24    (Section scheduled to be repealed on January 1, 2014)



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1    Sec. 100. Subpoena power.
2    (a) The Department may has the power to subpoena and bring
3before it any person in this State and to take the oral or
4written testimony or compel the production of any books,
5papers, records, or any other documents that the Secretary or
6his or her designee deems relevant or material to any
7investigation or hearing conducted by the Department orally or
8by deposition, with the same fees and mileage and in the same
9manner as prescribed by law in judicial proceedings in civil
10cases in circuit courts of this State.
11    (b) The Secretary, the hearing officer, or a certified
12shorthand court reporter may Director shall have the authority
13to administer oaths , at any hearing that the Department
14conducts is authorized to conduct under this Act, oaths to
15witnesses and any other oaths authorized to be administered by
16the Department under this Act. Notwithstanding any other
17statute or Department rule to the contrary, all requests for
18testimony, production of documents, or records shall be in
19accordance with this Act.
20(Source: P.A. 93-280, eff. 7-1-04.)
21    (225 ILCS 130/105)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 105. Disciplinary report. At the conclusion of the
24hearing, the hearing officer Department shall present to the
25Secretary Director a written report of his or her its findings



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1of fact, conclusions of law, and recommendations. In the
2report, the hearing officer Department shall make a finding of
3whether or not the charged registrant or applicant violated a
4provision of this Act or its rules and shall specify the nature
5of the violation. In making its recommendations for discipline,
6the Department may take into consideration all facts and
7circumstances bearing upon the reasonableness of the conduct of
8the respondent and the potential for future harm to the public,
9including but not limited to previous discipline of that
10respondent by the Department, intent, degree of harm to the
11public and likelihood of harm in the future, any restitution
12made, and whether the incident or incidents complained of
13appear to be isolated or a pattern of conduct. In making its
14recommendations for discipline, the Department shall seek to
15ensure that the severity of the discipline recommended bears
16some reasonable relationship to the severity of the violation.
17(Source: P.A. 93-280, eff. 7-1-04.)
18    (225 ILCS 130/110)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 110. Motion for rehearing. In a case involving the
21refusal to issue or renew a registration or the discipline of a
22registrant, a copy of the hearing officer's Department's report
23shall be served upon the respondent by the Department, either
24personally or as provided under Section 20 of this Act for the
25service of the notice of hearing. Within 20 days after the



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1service, the respondent may present to the Department a motion
2in writing for a rehearing, which shall specify the particular
3grounds for a rehearing. If no motion for rehearing is filed,
4then upon the expiration of the time specified for filing the
5motion, or if a motion for rehearing is denied, then upon the
6denial the Secretary Director may enter an order in accordance
7with recommendations of the Department, except as provided in
8Section 115 or 120 of this Act. If the respondent orders a
9transcript of the record from the reporting service and pays
10for the transcript within the time for filing a motion for
11rehearing, the 20-day period within which such a motion may be
12filed shall commence upon the delivery of the transcript to the
14(Source: P.A. 93-280, eff. 7-1-04.)
15    (225 ILCS 130/115)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 115. Order of Secretary Director.
18    (a) The Director shall issue an order concerning the
19disposition of the charges (i) following the expiration of the
20filing period granted under Section 110 of this Act if no
21motion for rehearing is filed or (ii) following a denial of a
22timely motion for rehearing.
23    (b) The Secretary's Director's order shall be based on the
24recommendations contained in the Department report unless,
25after giving due consideration to the Department's report, the



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1Secretary Director disagrees in any regard with the report of
2the Department, in which case he or she may issue an order in
3contravention of the report. The Director shall provide a
4written report to the Department on any deviation from the
5Department's report and shall specify with particularity the
6reasons for his or her deviation in the final order. The
7hearing officer's Department's report and Secretary's
8Director's order are not admissible in evidence against the
9person in a criminal prosecution brought for a violation of
10this Act, but the hearing, report, and order are not a bar to a
11criminal prosecution brought for the violation of this Act.
12(Source: P.A. 93-280, eff. 7-1-04.)
13    (225 ILCS 130/120)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 120. Hearing officer. The Secretary Director shall
16have the authority to appoint an attorney licensed to practice
17law in this State to serve as the hearing officer in a hearing
18authorized under Section 90 of this Act. The hearing officer
19shall have full authority to conduct the hearing. The hearing
20officer shall report his or her findings of fact, conclusions
21of law, and recommendations to the Department. If the Secretary
22Director disagrees in any regard with the report of the
23Department, he or she may issue an order in contravention of
24the report. The Secretary Director shall provide a written
25explanation to the Department on a deviation from the



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1Department's report and shall specify with particularity the
2reasons for his or her deviation in the final order.
3(Source: P.A. 93-280, eff. 7-1-04.)
4    (225 ILCS 130/125)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 125. Rehearing on order of Secretary Director.
7Whenever the Secretary Director is not satisfied that
8substantial justice has been achieved in the discipline of a
9registrant, the Secretary Director may order a rehearing by the
10same or another hearing officer.
11(Source: P.A. 93-280, eff. 7-1-04.)
12    (225 ILCS 130/130)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 130. Order; prima facie proof. An order or a certified
15copy of an order, over the seal of the Department and
16purporting to be signed by the Secretary Director, shall be
17prima facie proof that:
18        (1) the signature is the genuine signature of the
19    Secretary Director; and
20        (2) the Secretary Director is duly appointed and
21    qualified.
22(Source: P.A. 93-280, eff. 7-1-04.)
23    (225 ILCS 130/135)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 135. Restoration of registration from discipline. At
3any time after the successful completion of a term of
4indefinite probation, suspension, or revocation of a
5registration, the Department may restore the registration to
6active status unless, after an investigation and a hearing, the
7Secretary determines that restoration is not in the public
8interest. No person whose registration has been revoked as
9authorized in this Act may apply for restoration of that
10registration until such time as provided for in the Civil
11Administrative Code of Illinois. suspension or revocation of a
12certificate of registration, the Department may restore it to
13the registrant unless, after an investigation and a hearing,
14the Department determines that restoration is not in the public
15interest. Where circumstances of suspension or revocation so
16indicate, the Department may require an examination of the
17registrant before restoring his or her certificate of
19(Source: P.A. 93-280, eff. 7-1-04.)
20    (225 ILCS 130/145)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 145. Summary Temporary suspension. The Secretary
23Director may summarily temporarily suspend the registration of
24a surgical assistant or surgical technologist without a
25hearing, simultaneously with the institution of proceedings



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1for a hearing provided for in Section 85 of this Act, if the
2Secretary Director finds that evidence in his or her possession
3indicates that continuation in practice would constitute an
4imminent danger to the public. If the Secretary Director
5summarily temporarily suspends a registration license without
6a hearing, a hearing by the Department shall be commenced held
7within 30 days after the suspension has occurred and shall be
8concluded as expeditiously as possible without appreciable
10(Source: P.A. 93-280, eff. 7-1-04.)
11    (225 ILCS 130/150)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 150. Certificate of record. The Department shall not
14be required to certify any record to a court or file an answer
15in court or otherwise appear in a court in a judicial review
16proceeding unless and until the Department has received from
17the plaintiff there is filed in the court, with the complaint,
18a receipt from the Department acknowledging payment of the
19costs of furnishing and certifying the record, which costs
20shall be determined by the Department. Exhibits shall be
21certified without cost. Failure on the part of the plaintiff to
22file a receipt in court shall be grounds for dismissal of the
24(Source: P.A. 93-280, eff. 7-1-04.)



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1    (225 ILCS 130/165)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 165. Civil penalties.
4    (a) In addition to any other penalty provided by law, a
5person who violates Section 35 of this Act shall pay a civil
6penalty to the Department in an amount not to exceed $10,000
7$5,000 for each offense as determined by the Department. The
8civil penalty shall be assessed by the Department after a
9hearing is held in accordance with the provisions set forth in
10this Act regarding a hearing for the discipline of a licensee.
11    (b) The Department has the authority and power to
12investigate any and all unregistered activity.
13    (c) The civil penalty assessed under this Act shall be paid
14within 60 days after the effective date of the order imposing
15the civil penalty. The order shall constitute a judgment and
16may be filed and execution had on the judgment in the same
17manner as a judgment from a court of record.
18(Source: P.A. 93-280, eff. 7-1-04.)
19    Section 99. Effective date. This Act takes effect December
2031, 2013.