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


Rep. Michael J. Zalewski

Filed: 5/7/2013





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2    AMENDMENT NO. ______. Amend House Bill 533 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 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 Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on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



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1Technologist Title Protection Act.
2    Section 2.5 of the Illinois Plumbing License Law.
3    The Veterinary Medicine and Surgery Practice Act of 2004.
4(Source: P.A. 97-1139, eff. 12-28-12.)
5    (5 ILCS 80/4.34 new)
6    Sec. 4.34. Act repealed on January 1, 2024. The following
7Act is repealed on January 1, 2024:
8    The Registered Surgical Assistant and Registered Surgical
9Technologist Title Protection Act.
10    Section 10. The Registered Surgical Assistant and
11Registered Surgical Technologist Title Protection Act is
12amended by changing Sections 10, 20, 30, 40, 45, 50, 55, 65,
1370, 75, 77, 80, 85, 90, 95, 100, 105, 110, 115, 120, 125, 130,
14135, 145, 150, and 165 and by adding Section 87 as follows:
15    (225 ILCS 130/10)
16    (Section scheduled to be repealed on January 1, 2014)
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 registrant's
20application file or registration file as maintained by the
21Department's licensure maintenance unit. It is the duty of the
22applicant or registrant to inform the Department of any change
23of address and those changes must be made either through the



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



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1services only in a licensed hospital, ambulatory treatment
2center, or office of a physician licensed to practice medicine
3in all its branches, and (v) is registered under this Act.
4    "Registered surgical technologist" means a person who (i)
5is not a physician licensed to practice medicine in all of its
6branches, (ii) is certified by the National Board for Surgical
7Technology and Surgical Assisting Liaison Council on
8Certification for the Surgical Technologist, (iii) performs
9duties under direct supervision, (iv) provides services only in
10a licensed hospital, ambulatory treatment center, or office of
11a physician licensed to practice medicine in all its branches,
12and (v) is registered under this Act.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15(Source: P.A. 93-280, eff. 7-1-04.)
16    (225 ILCS 130/20)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 20. Illinois Administrative Procedure Act; rules. (a)
19The Illinois Administrative Procedure Act is expressly adopted
20and incorporated in this Act as if all of the provisions of the
21Illinois Administrative Procedure Act were included in this
22Act, except that the provision of subsection (d) of Section
2310-65 of the Illinois Administrative Procedure Act that
24provides that at hearings the registrant has the right to show
25compliance with all lawful requirements for retention,



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1continuation, or renewal of the registration is specifically
2excluded. For purposes of this Act, the notice required under
3Section 10-25 of the Illinois Administrative Procedure Act is
4deemed sufficient when mailed to the registrant's address of
5record last known address of a party.
6    (b) The Director may promulgate rules for the
7administration and enforcement of this Act and may prescribe
8forms to be issued in connection with this Act.
9(Source: P.A. 93-280, eff. 7-1-04.)
10    (225 ILCS 130/30)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 30. Social Security Number on registration
13application. In addition to any other information required to
14be contained in the application, every application for an
15original certificate of registration under this Act shall
16include the applicant's Social Security Number, which shall be
17retained in the agency's records pertaining to the registration
18license. As soon as practical, the Department shall assign a
19customer's identification number to each applicant for a
20registration license.
21    Every application for a renewed, reinstated, renewal or
22restored registration license shall require the applicant's
23customer identification number.
24(Source: P.A. 97-400, eff. 1-1-12.)



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1    (225 ILCS 130/40)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 40. Application of Act. This Act shall not be
4construed to prohibit the following:
5        (1) A person licensed in this State under any other Act
6    from engaging in the practice for which he or she is
7    licensed, including but not limited to a physician licensed
8    to practice medicine in all its branches, physician
9    assistant, advanced practice registered nurse, or nurse
10    performing surgery-related tasks within the scope of his or
11    her license, nor are these individuals required to be
12    registered under this Act.
13        (2) A person from engaging in practice as a surgical
14    assistant or surgical technologist in the discharge of his
15    or her official duties as an employee of the United States
16    government.
17        (3) One or more registered surgical assistants or
18    surgical technologists from forming a professional service
19    corporation in accordance with the Professional Service
20    Corporation Act and applying for licensure as a corporation
21    providing surgical assistant or surgical technologist
22    services.
23        (4) A student engaging in practice as a surgical
24    assistant or surgical technologist under the direct
25    supervision of a physician licensed to practice medicine in
26    all of its branches as part of his or her program of study



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1    at a school approved by the Department or in preparation to
2    qualify for the examination as prescribed under Sections 45
3    and 50 of this Act.
4        (5) A person from assisting in surgery at a an
5    operating physician's discretion, including but not
6    limited to medical students and residents, nor are medical
7    students and residents required to be registered under this
8    Act.
9        (6) A hospital, health system or network, ambulatory
10    surgical treatment center, physician licensed to practice
11    medicine in all its branches, physician medical group, or
12    other entity that provides surgery-related services from
13    employing individuals that the entity considers competent
14    to assist in surgery. These entities are not required to
15    utilize registered surgical assistants or registered
16    surgical technologists when providing surgery-related
17    services to patients. Nothing in this subsection shall be
18    construed to limit the ability of an employer to utilize
19    the services of any person to assist in surgery within the
20    employment setting consistent with the individual's skill
21    and training.
22(Source: P.A. 93-280, eff. 7-1-04.)
23    (225 ILCS 130/45)
24    (Section scheduled to be repealed on January 1, 2014)
25    Sec. 45. Registration requirements; surgical assistant. A



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1person shall qualify for registration as a surgical assistant
2if he or she has applied in writing on the prescribed form, has
3paid the required fees, and meets all of the following
5        (1) Is at least 21 years of age.
6        (2) Has not violated a provision of Section 75 95 of
7    this Act. In addition the Department may take into
8    consideration any felony conviction of the applicant, but a
9    conviction shall not operate as an absolute bar to
10    registration unless otherwise provided by law.
11        (3) Has completed a medical education program approved
12    by the Department or has graduated from a United States
13    Military Program that emphasizes emphasized surgical
14    assisting.
15        (4) Has successfully completed a national certifying
16    examination approved by the Department.
17        (5) Is currently certified by the National Surgical
18    Assistant Association as a Certified Surgical Assistant on
19    the Certification of Surgical Assistants, the National
20    Board of Surgical Technology and Surgical Assisting
21    Liaison Council on Certification for the Surgical
22    Technologist as a Certified Surgical First Assistant
23    certified first assistant, or the American Board of
24    Surgical Assistants as a Surgical Assistant-Certified
25    Assisting.
26(Source: P.A. 93-280, eff. 7-1-04.)



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1    (225 ILCS 130/50)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 50. Registration requirements; surgical technologist.
4A person shall qualify for registration as a surgical
5technologist if he or she has applied in writing on the
6prescribed form, has paid the required fees, and meets all of
7the following requirements:
8        (1) Is at least 18 years of age.
9        (2) Has not violated a provision of Section 75 95 of
10    this Act. In addition the Department may take into
11    consideration any felony conviction of the applicant, but a
12    conviction shall not operate as an absolute bar to
13    registration unless otherwise provided by law.
14        (3) Has completed a nationally accredited surgical
15    technology technologist program approved by the Department
16    or has graduated from a United States Military Program that
17    emphasizes surgical technology.
18        (4) Has successfully completed the surgical
19    technologist national certification examination provided
20    by the National Board of Surgical Technology and Surgical
21    Assisting Liaison Council on Certification for the
22    Surgical Technologist or its successor agency.
23        (5) (Blank).
24        (6) Is currently certified by the National Board of
25    Surgical Technology and Surgical Assisting Liaison Council



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1    on Certification for the Surgical Technologist or its
2    successor agency and has met the requirements set forth for
3    certification.
4(Source: P.A. 97-813, eff. 7-13-12.)
5    (225 ILCS 130/55)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 55. Supervision requirement. A person registered
8under this Act shall practice as a surgical assistant only
9under direct supervision.
10(Source: P.A. 93-280, eff. 7-1-04.)
11    (225 ILCS 130/65)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 65. Inactive status. A registrant who notifies
14notified the Department in writing on forms prescribed by the
15Department may elect to place his or her registration on
16inactive status and shall, subject to rules of the Department,
17be excused from payment of renewal fees until he or she
18notifies the Department in writing of his or her intention to
19restore the registration. A registrant requesting restoration
20from inactive status shall pay the current renewal fee and
21shall restore his or her registration in accordance with
22Section 60 of this Act. A registrant whose registration license
23is on inactive or non-renewed status shall not hold himself or
24herself out as a registered surgical assistant or registered



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1surgical technologist. To do so shall be grounds for discipline
2under Section 75 of this Act.
3(Source: P.A. 93-280, eff. 7-1-04.)
4    (225 ILCS 130/70)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 70. Fees; returned checks.
7    (a) The Department shall set by rule fees for the
8administration of this Act, including but not limited to fees
9for initial and renewal registration and restoration of a
10certificate of registration.
11    (b) A person who delivers a check or other payment to the
12Department that is returned to the Department unpaid by the
13financial institution upon which it is drawn shall pay to the
14Department, in addition to the amount already owed to the
15Department, a fine of $50. The fines imposed by this Section
16are in addition to any other discipline provided under this
17Act. The Department shall notify the person that fees and fines
18shall be paid to the Department by certified check or money
19order within 30 calendar days of the notification. If, after
20the expiration of 30 days from the date of the notification,
21the person has failed to submit the necessary remittance, the
22Department shall automatically terminate the registration or
23deny the application without a hearing. If the person seeks a
24registration license after termination or denial, he or she
25shall apply to the Department for restoration or issuance of



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1the registration license and pay all fees and fines due to the
2Department. The Department may establish a fee for the
3processing of an application for restoration of a registration
4license to defray the expenses of processing the application.
5The Secretary Director may waive the fines due under this
6Section in individual cases if the Secretary Director finds
7that the fines would be unreasonable or unnecessarily
9    (c) All of the fees and fines collected under this Act
10shall be deposited into the General Professions Dedicated Fund.
11All moneys in the Fund shall be used by the Department, as
12appropriated, for the ordinary and contingent expenses of the
14(Source: P.A. 93-280, eff. 7-1-04.)
15    (225 ILCS 130/75)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 75. Grounds for disciplinary action.
18    (a) The Department may refuse to issue, renew, or restore a
19registration, may revoke or suspend a registration, or may
20place on probation, censure, reprimand, or take other
21disciplinary or non-disciplinary action with regard to a person
22registered under this Act, including but not limited to the
23imposition of fines not to exceed $10,000 $5,000 for each
24violation and the assessment of costs as provided for in
25Section 90, for any one or combination of the following causes:



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1        (1) Making a material misstatement in furnishing
2    information to the Department.
3        (2) Violating a provision of this Act or its rules
4    adopted under this Act.
5        (3) Conviction by plea of guilty or nolo contendere,
6    finding of guilt, jury verdict, or entry of judgment or by
7    sentencing of any crime, including, but not limited to,
8    convictions, preceding sentences of supervision,
9    conditional discharge, or first offender probation, under
10    the laws of any jurisdiction of the United States that is
11    (i) a felony or (ii) a misdemeanor, an essential element of
12    which is dishonesty, or that is directly related to the
13    practice of the profession. Conviction under the laws of a
14    United States jurisdiction of a crime that is a felony or a
15    misdemeanor, an essential element of which is dishonesty,
16    or of a crime that is directly related to the practice as a
17    surgical assistant or surgical technologist.
18        (4) Fraud or Making a misrepresentation in applying
19    for, renewing, restoring, reinstating, or procuring a
20    registration under this Act for the purpose of obtaining,
21    renewing, or restoring a registration.
22        (5) Aiding Wilfully aiding or assisting another person
23    in violating a provision of this Act or its rules.
24        (6) Failing to provide information within 60 days in
25    response to a written request made by the Department.
26        (7) Engaging in dishonorable, unethical, or



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1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public, as defined by rule of the
3    Department.
4        (8) Discipline by another United States jurisdiction,
5    governmental agency, unit of government, or foreign
6    nation, if at least one of the grounds for discipline is
7    the same or substantially equivalent to those set forth in
8    this Section.
9        (9) Directly or indirectly giving to or receiving from
10    a person, firm, corporation, partnership, or association a
11    fee, 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 registrant's licensee's practice
21    under this Act. Nothing in this paragraph (9) shall be
22    construed to require an employment arrangement to receive
23    professional fees for services rendered.
24        (10) A finding by the Department that the registrant,
25    after having his or her registration placed on probationary
26    status, has violated the terms of probation.



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1        (11) Willfully Wilfully making or filing false records
2    or reports in his or her practice, including but not
3    limited to false records or reports filed with State
4    agencies.
5        (12) Willfully Wilfully making or signing a false
6    statement, certificate, or affidavit to induce payment.
7        (13) Willfully Wilfully failing to report an instance
8    of suspected child abuse or neglect as required under the
9    Abused and Neglected Child Reporting Act.
10        (14) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    under the Abused and Neglected Child Reporting Act and upon
13    proof by clear and convincing evidence that the registrant
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        (15) (Blank). Employment of fraud, deception, or any
18    unlawful means in applying for or securing a license as a
19    surgical assistant.
20        (16) Failure to report to the Department (A) any
21    adverse final action taken against the registrant by
22    another registering or 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        (17) Habitual or excessive use or abuse of drugs



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1    defined in law as controlled substances, alcohol, or any
2    other substance that results in the inability to practice
3    with reasonable judgment, skill, or safety intoxication or
4    addiction to the use of drugs.
5        (18) Physical or mental illness, including but not
6    limited to deterioration through the aging process or loss
7    of motor skills, which results in the inability to practice
8    the profession for which he or she is registered with
9    reasonable judgment, skill, or safety.
10        (19) Gross malpractice resulting in permanent injury
11    or death of a patient.
12        (20) Immoral conduct in the commission of an act
13    related to the registrant's practice, including but not
14    limited to sexual abuse, sexual misconduct, or sexual
15    exploitation.
16        (21) Violation of the Health Care Worker Self-Referral
17    Act.
18    (b) The Department may refuse to issue or may suspend
19without hearing the registration of a person who fails to file
20a return, to pay the tax, penalty, or interest shown in a filed
21return, or to pay a final assessment of the tax, penalty, or
22interest as required by a tax Act administered by the
23Department of Revenue, until the requirements of the tax Act
24are satisfied in accordance with subsection (g) of Section
252105-15 of the Department of Regulation Law of the Civil
26Administrative Code of Illinois.



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1    (c) The determination by a circuit court that a registrant
2is subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code operates as an automatic suspension. The suspension will
5end only upon (1) a finding by a court that the patient is no
6longer subject to involuntary admission or judicial admission,
7(2) issuance of an order so finding and discharging the
8patient, and (3) filing of a petition for restoration
9demonstrating fitness to practice the recommendation of the
10Department to the Director that the registrant be allowed to
11resume his or her practice.
12    (d) The Department shall deny a registration or renewal
13authorized by this Act to a person who has defaulted on an
14educational loan or scholarship provided or guaranteed by the
15Illinois Student Assistance Commission or any governmental
16agency of this State in accordance with paragraph (5) of
17subsection (a) of Section 2105-15 of the Department of
18Regulation Law of the Civil Administrative Code of Illinois.
19    (e) In cases where the Department of Healthcare and Family
20Services has previously determined a registrant or a potential
21registrant is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency to
23the Department, the Department may refuse to issue or renew or
24may revoke or suspend that person's registration or may take
25other disciplinary action against that person based solely upon
26the certification of delinquency made by the Department of



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1Healthcare and Family Services in accordance with paragraph (5)
2of subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
5    (f) In enforcing this Section, the Department, upon a
6showing of a possible violation, may compel any individual
7registered under this Act or any individual who has applied for
8registration to submit to a mental or physical examination and
9evaluation, or both, that may include a substance abuse or
10sexual offender evaluation, at the expense of the Department.
11The Department shall specifically designate the examining
12physician licensed to practice medicine in all of its branches
13or, if applicable, the multidisciplinary team involved in
14providing the mental or physical examination and evaluation, or
15both. The multidisciplinary team shall be led by a physician
16licensed to practice medicine in all of its branches and may
17consist of one or more or a combination of physicians licensed
18to practice medicine in all of its branches, licensed
19chiropractic physicians, licensed clinical psychologists,
20licensed clinical social workers, licensed clinical
21professional counselors, and other professional and
22administrative staff. Any examining physician or member of the
23multidisciplinary team may require any person ordered to submit
24to an examination and evaluation pursuant to this Section to
25submit to any additional supplemental testing deemed necessary
26to complete any examination or evaluation process, including,



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1but not limited to, blood testing, urinalysis, psychological
2testing, or neuropsychological testing.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the registrant or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination and evaluation. No information, report,
13record, or other documents in any way related to the
14examination and evaluation shall be excluded by reason of any
15common law or statutory privilege relating to communication
16between the registrant or applicant and the examining physician
17or any member of the multidisciplinary team. No authorization
18is necessary from the registrant or applicant ordered to
19undergo an evaluation and examination for the examining
20physician or any member of the multidisciplinary team to
21provide information, reports, records, or other documents or to
22provide any testimony regarding the examination and
23evaluation. The individual to be examined may have, at his or
24her own expense, another physician of his or her choice present
25during all aspects of the examination.
26    Failure of any individual to submit to mental or physical



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1examination and evaluation, or both, when directed, shall
2result in an automatic suspension without hearing until such
3time as the individual submits to the examination. If the
4Department finds a registrant unable to practice because of the
5reasons set forth in this Section, the Department shall require
6such registrant to submit to care, counseling, or treatment by
7physicians approved or designated by the Department as a
8condition for continued, reinstated, or renewed registration.
9    When the Secretary immediately suspends a registration
10under this Section, a hearing upon such person's registration
11must be convened by the Department within 15 days after such
12suspension and completed without appreciable delay. The
13Department shall have the authority to review the registrant's
14record of treatment and counseling regarding the impairment to
15the extent permitted by applicable federal statutes and
16regulations safeguarding the confidentiality of medical
18    Individuals registered under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that they can resume practice in compliance with
21acceptable and prevailing standards under the provisions of
22their registration.
23    (g) All fines imposed under this Section shall be paid
24within 60 days after the effective date of the order imposing
25the fine or in accordance with the terms set forth in the order
26imposing the fine.



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1(Source: P.A. 96-1482, eff. 11-29-10.)
2    (225 ILCS 130/77)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 77. Suspension of registration for failure to pay
5restitution. The Department, without further process or
6hearing, shall suspend the registration license or other
7authorization to practice of any person issued under this Act
8who has been certified by court order as not having paid
9restitution to a person under Section 8A-3.5 of the Illinois
10Public Aid Code or under Section 17-10.5 or 46-1 of the
11Criminal Code of 1961 or the Criminal Code of 2012. A person
12whose registration license or other authorization to practice
13is suspended under this Section is prohibited from practicing
14until the restitution is made in full.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
16    (225 ILCS 130/80)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 80. Cease and desist order; injunctions.
19    (a) If a person violates a provision of this Act, the
20Secretary Director, in the name of the People of the State of
21Illinois through the Attorney General of the State of Illinois,
22or the State's Attorney of a county in which the violation is
23alleged to have occurred occurs, may petition for an order
24enjoining the violation or for an order enforcing compliance



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1with this Act. Upon the filing of a verified petition in court,
2the court may issue a temporary restraining order without
3notice or bond and may preliminarily and permanently enjoin the
4violation. If it is established that the registrant has
5violated or is violating the injunction, the court may punish
6the offender for contempt of court. Proceedings under this
7Section shall be in addition to, and not in lieu of, all other
8remedies and penalties provided by this Act.
9    (b) If a person holds himself or herself out as a surgical
10assistant or surgical technologist without being registered
11under this Act, then any registrant under this Act, interested
12party, or person injured thereby, in addition to the Secretary
13Director or State's Attorney, may petition for relief as
14provided in subsection (a) of this Section.
15    (c) If the Department determines that a person violated a
16provision of this Act, the Department may issue a rule to show
17cause why an order to cease and desist should not be entered
18against him or her. The rule shall clearly set forth the
19grounds relied upon by the Department and shall provide a
20period of 7 days from the date of the rule to file an answer to
21the satisfaction of the Department. Failure to answer to the
22satisfaction of the Department shall cause an order to cease
23and desist to be issued immediately.
24(Source: P.A. 93-280, eff. 7-1-04.)
25    (225 ILCS 130/85)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 85. Investigation; notice; hearing. Certificates of
3registration may be refused, revoked, suspended, or otherwise
4disciplined in the manner provided by this Act and not
5otherwise. The Department may upon its own motion and shall
6upon the verified complaint in writing of any person setting
7forth facts that if proven would constitute grounds for refusal
8to issue or for suspension or revocation under this Act,
9investigate the actions of a person applying for, holding, or
10claiming to hold a certificate of registration. The Department
11shall, before refusing to issue or renew a registration ,
12suspending, or revoking a certificate of registration or taking
13other disciplinary or non-disciplinary action discipline
14pursuant to Section 75 of this Act, and at least 30 days prior
15to the date set for the hearing, (i) notify in writing the
16applicant or registrant licensee of the any charges made and
17the time and place for a hearing of the charges, shall afford
18the applicant or registrant an opportunity to be heard in
19person or by counsel in reference to the charges, and (ii)
20direct the applicant or registrant to file a written answer to
21the Department under oath within 20 days after the service of
22the notice, and (iii) inform the applicant or registrant that
23failure to file an answer will result in default being taken
24against the applicant or registrant and that the certificate of
25registration may be suspended, revoked, placed on probationary
26status, or other disciplinary action may be taken, including



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1limiting the scope, nature, or extent of practice, as the
2Director may deem proper.
3    Written notice and any notice in the subsequent proceeding
4may be served by personal delivery to the applicant or
5registrant or by mailing the notice by registered or certified
6mail to the applicant's or registrant's address of record his
7or her last known place of residence or to the place of
8business last specified by the applicant or registrant in his
9or her last notification to the Department. If the person fails
10to file an answer after receiving notice, his or her
11certificate of registration may, in the discretion of the
12Department, be suspended, revoked, or placed on probationary
13status or the Department may take whatever disciplinary or
14non-disciplinary action deemed proper, including limiting the
15delegated tasks or the imposition of a fine, without a hearing,
16if the act or acts charged constitute sufficient grounds for
17such action under this Act. At the time and place fixed in the
18notice, the Department shall proceed to hearing of the charges
19and the parties and their counsel both the applicant or
20registrant and the complainant shall be afforded ample
21opportunity to present, in person or by counsel, any pertinent
22statements, testimony, evidence, and arguments that may be
23pertinent to the charges or to their defense. The Department
24may continue a hearing from time to time. The Department may
25continue a hearing for a period not to exceed 30 days.
26(Source: P.A. 93-280, eff. 7-1-04.)



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1    (225 ILCS 130/87 new)
2    Sec. 87. Confidentiality. All information collected by the
3Department in the course of an examination or investigation of
4a registrant or applicant, including, but not limited to, any
5complaint against a registrant filed with the Department and
6information collected to investigate any such complaint shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department shall not disclose the
9information to anyone other than law enforcement officials,
10regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary, or a party presenting
12a lawful subpoena to the Department. Information and documents
13disclosed to a federal, State, county, or local law enforcement
14agency shall not be disclosed by the agency for any purpose to
15any other agency or person. A formal complaint filed against a
16registrant by the Department or any order issued by the
17Department against a registrant or applicant shall be a public
18record, except as otherwise prohibited by law.
19    (225 ILCS 130/90)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 90. Record of proceedings. The Department, at its
22expense, shall preserve a record of all proceedings at a formal
23hearing conducted pursuant to Section 85 of this Act. Any
24registrant who is found to have violated this Act or who fails



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1to appear for a hearing to refuse to issue, restore, or renew a
2registration or to discipline a registrant may be required by
3the Department to pay for the costs of the proceeding. These
4costs are limited to costs for court reporters, transcripts,
5and witness attendance and mileage fees. All costs imposed
6under this Section shall be paid within 60 days after the
7effective date of the order imposing the fine. The notice of
8hearing, complaint, and all other documents in the nature of
9pleadings and written motions filed in the proceedings, the
10transcript of testimony, the report of the Department or
11hearing officer, and orders of the Department shall be the
12record of the proceeding. The Department shall supply a
13transcript of the record to a person interested in the hearing
14on payment of the fee required under Section 2105-115 of the
15Department of Professional Regulation Law of the Civil
16Administrative Code of Illinois.
17(Source: P.A. 93-280, eff. 7-1-04.)
18    (225 ILCS 130/95)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 95. Order for production of documents. A circuit court
21may, upon application of the Department, or its designee, or of
22the applicant or registration against whom proceedings
23pursuant to Section 85 of this Act are pending, enter an may
24order requiring the attendance and testimony of witnesses and
25their testimony and the production of relevant documents,



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



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1(Source: P.A. 93-280, eff. 7-1-04.)
2    (225 ILCS 130/105)
3    (Section scheduled to be repealed on January 1, 2014)
4    Sec. 105. Disciplinary report. At the conclusion of the
5hearing, the hearing officer Department shall present to the
6Secretary Director a written report of his or her its findings
7of fact, conclusions of law, and recommendations. In the
8report, the hearing officer Department shall make a finding of
9whether or not the charged registrant or applicant violated a
10provision of this Act or its rules and shall specify the nature
11of the violation. In making its recommendations for discipline,
12the Department may take into consideration all facts and
13circumstances bearing upon the reasonableness of the conduct of
14the respondent and the potential for future harm to the public,
15including but not limited to previous discipline of that
16respondent by the Department, intent, degree of harm to the
17public and likelihood of harm in the future, any restitution
18made, and whether the incident or incidents complained of
19appear to be isolated or a pattern of conduct. In making its
20recommendations for discipline, the Department shall seek to
21ensure that the severity of the discipline recommended bears
22some reasonable relationship to the severity of the violation.
23(Source: P.A. 93-280, eff. 7-1-04.)
24    (225 ILCS 130/110)



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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 110. Motion for rehearing. In a case involving the
3refusal to issue or renew a registration or the discipline of a
4registrant, a copy of the hearing officer's Department's report
5shall be served upon the respondent by the Department, either
6personally or as provided under Section 20 of this Act for the
7service of the notice of hearing. Within 20 days after the
8service, the respondent may present to the Department a motion
9in writing for a rehearing, which shall specify the particular
10grounds for a rehearing. If no motion for rehearing is filed,
11then upon the expiration of the time specified for filing the
12motion, or if a motion for rehearing is denied, then upon the
13denial the Secretary Director may enter an order in accordance
14with recommendations of the Department, except as provided in
15Section 115 or 120 of this Act. If the respondent orders a
16transcript of the record from the reporting service and pays
17for the transcript within the time for filing a motion for
18rehearing, the 20-day period within which such a motion may be
19filed shall commence upon the delivery of the transcript to the
21(Source: P.A. 93-280, eff. 7-1-04.)
22    (225 ILCS 130/115)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 115. Order of Secretary Director.
25    (a) The Director shall issue an order concerning the



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1disposition of the charges (i) following the expiration of the
2filing period granted under Section 110 of this Act if no
3motion for rehearing is filed or (ii) following a denial of a
4timely motion for rehearing.
5    (b) The Secretary's Director's order shall be based on the
6recommendations contained in the Department report unless,
7after giving due consideration to the Department's report, the
8Secretary Director disagrees in any regard with the report of
9the Department, in which case he or she may issue an order in
10contravention of the report. The Director shall provide a
11written report to the Department on any deviation from the
12Department's report and shall specify with particularity the
13reasons for his or her deviation in the final order. The
14hearing officer's Department's report and Secretary's
15Director's order are not admissible in evidence against the
16person in a criminal prosecution brought for a violation of
17this Act, but the hearing, report, and order are not a bar to a
18criminal prosecution brought for the violation of this Act.
19(Source: P.A. 93-280, eff. 7-1-04.)
20    (225 ILCS 130/120)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 120. Hearing officer. The Secretary Director shall
23have the authority to appoint an attorney licensed to practice
24law in this State to serve as the hearing officer in a hearing
25authorized under Section 90 of this Act. The hearing officer



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1shall have full authority to conduct the hearing. The hearing
2officer shall report his or her findings of fact, conclusions
3of law, and recommendations to the Department. If the Secretary
4Director disagrees in any regard with the report of the
5Department, he or she may issue an order in contravention of
6the report. The Secretary Director shall provide a written
7explanation to the Department on a deviation from the
8Department's report and shall specify with particularity the
9reasons for his or her deviation in the final order.
10(Source: P.A. 93-280, eff. 7-1-04.)
11    (225 ILCS 130/125)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 125. Rehearing on order of Secretary Director.
14Whenever the Secretary Director is not satisfied that
15substantial justice has been achieved in the discipline of a
16registrant, the Secretary Director may order a rehearing by the
17same or another hearing officer.
18(Source: P.A. 93-280, eff. 7-1-04.)
19    (225 ILCS 130/130)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 130. Order; prima facie proof. An order or a certified
22copy of an order, over the seal of the Department and
23purporting to be signed by the Secretary Director, shall be
24prima facie proof that:



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1        (1) the signature is the genuine signature of the
2    Secretary Director; and
3        (2) the Secretary Director is duly appointed and
4    qualified.
5(Source: P.A. 93-280, eff. 7-1-04.)
6    (225 ILCS 130/135)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 135. Restoration of registration from discipline. At
9any time after the successful completion of a term of
10indefinite probation, suspension, or revocation of a
11registration, the Department may restore the registration to
12active status unless, after an investigation and a hearing, the
13Secretary determines that restoration is not in the public
14interest. No person whose registration has been revoked as
15authorized in this Act may apply for restoration of that
16registration until such time as provided for in the Civil
17Administrative Code of Illinois. suspension or revocation of a
18certificate of registration, the Department may restore it to
19the registrant unless, after an investigation and a hearing,
20the Department determines that restoration is not in the public
21interest. Where circumstances of suspension or revocation so
22indicate, the Department may require an examination of the
23registrant before restoring his or her certificate of
25(Source: P.A. 93-280, eff. 7-1-04.)



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1    (225 ILCS 130/145)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 145. Summary Temporary suspension. The Secretary
4Director may summarily temporarily suspend the registration of
5a surgical assistant or surgical technologist without a
6hearing, simultaneously with the institution of proceedings
7for a hearing provided for in Section 85 of this Act, if the
8Secretary Director finds that evidence in his or her possession
9indicates that continuation in practice would constitute an
10imminent danger to the public. If the Secretary Director
11summarily temporarily suspends a registration license without
12a hearing, a hearing by the Department shall be commenced held
13within 30 days after the suspension has occurred and shall be
14concluded as expeditiously as possible without appreciable
16(Source: P.A. 93-280, eff. 7-1-04.)
17    (225 ILCS 130/150)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 150. Certificate of record. The Department shall not
20be required to certify any record to a court or file an answer
21in court or otherwise appear in a court in a judicial review
22proceeding unless and until the Department has received from
23the plaintiff there is filed in the court, with the complaint,
24a receipt from the Department acknowledging payment of the



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1costs of furnishing and certifying the record, which costs
2shall be determined by the Department. Exhibits shall be
3certified without cost. Failure on the part of the plaintiff to
4file a receipt in court shall be grounds for dismissal of the
6(Source: P.A. 93-280, eff. 7-1-04.)
7    (225 ILCS 130/165)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 165. Civil penalties.
10    (a) In addition to any other penalty provided by law, a
11person who violates Section 35 of this Act shall pay a civil
12penalty to the Department in an amount not to exceed $10,000
13$5,000 for each offense as determined by the Department. The
14civil penalty shall be assessed by the Department after a
15hearing is held in accordance with the provisions set forth in
16this Act regarding a hearing for the discipline of a licensee.
17    (b) The Department has the authority and power to
18investigate any and all unregistered activity.
19    (c) The civil penalty assessed under this Act shall be paid
20within 60 days after the effective date of the order imposing
21the civil penalty. The order shall constitute a judgment and
22may be filed and execution had on the judgment in the same
23manner as a judgment from a court of record.
24(Source: P.A. 93-280, eff. 7-1-04.)



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1    Section 99. Effective date. This Act takes effect December
231, 2013.".