Full Text of HB3450 100th General Assembly
HB3450eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by changing | 5 | | Section 4.28 and by adding Section 4.38 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts are
repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.
| 10 | | The Podiatric Medical Practice Act of 1987. | 11 | | The Acupuncture Practice Act. | 12 | | The Illinois Speech-Language Pathology and Audiology | 13 | | Practice Act. | 14 | | The Interpreter for the Deaf Licensure Act of 2007. | 15 | | The Nurse Practice Act. | 16 | | The Clinical Social Work and Social Work Practice Act. | 17 | | The Pharmacy Practice Act. | 18 | | The Home Medical Equipment and Services Provider License | 19 | | Act. | 20 | | The Marriage and Family Therapy Licensing Act. | 21 | | The Nursing Home Administrators Licensing and Disciplinary | 22 | | Act. | 23 | | The Physician Assistant Practice Act of 1987. |
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| 1 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 2 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 3 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 4 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 5 | | 96-328, eff. 8-11-09.) | 6 | | (5 ILCS 80/4.38 new) | 7 | | Sec. 4.38. Act repealed on January 1, 2028. The following | 8 | | Act is repealed on January 1, 2028: | 9 | | The Home Medical Equipment and Services Provider License | 10 | | Act. | 11 | | Section 10. The Home Medical Equipment and Services | 12 | | Provider License Act is amended by changing Sections 10, 15, | 13 | | 20, 25, 30, 75, 95, 100, 110, 115, 125, 135, 150, and 165 and by | 14 | | adding Sections 13 and 185 as follows:
| 15 | | (225 ILCS 51/10)
| 16 | | (Section scheduled to be repealed on January 1, 2018)
| 17 | | Sec. 10. Definitions. As used in this Act:
| 18 | | (1) "Department" means the Department of Financial and
| 19 | | Professional
Regulation.
| 20 | | (2) "Secretary"
means the Secretary
of Financial and | 21 | | Professional Regulation.
| 22 | | (3) "Board" means the Home Medical Equipment and
| 23 | | Services Board.
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| 1 | | (4) "Home medical equipment and services provider" or | 2 | | "provider" means a
legal
entity, as defined by State law, | 3 | | engaged in the business of
providing home medical equipment | 4 | | and services, whether directly
or through a contractual | 5 | | arrangement, to an unrelated sick individual or an | 6 | | unrelated individual with a disability where that | 7 | | individual resides.
| 8 | | (5) "Home medical equipment and services" means the | 9 | | delivery,
installation, maintenance, replacement, or | 10 | | instruction in
the use of medical equipment used by a sick | 11 | | individual or an individual with a disability to allow the | 12 | | individual to be maintained in his or her
residence.
| 13 | | (6) "Home medical equipment" means technologically | 14 | | sophisticated
medical devices,
apparatuses, machines, or | 15 | | other similar articles
bearing a label that states | 16 | | "Caution: federal law requires dispensing by or on
the | 17 | | order of a physician.", which are
usable in a home care | 18 | | setting, including but not
limited to:
| 19 | | (A) oxygen and oxygen delivery systems;
| 20 | | (B) ventilators;
| 21 | | (C) respiratory disease management devices, | 22 | | excluding compressor driven
nebulizers;
| 23 | | (D) wheelchair seating systems;
| 24 | | (E) apnea monitors;
| 25 | | (F) transcutaneous electrical nerve stimulator | 26 | | (TENS) units;
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| 1 | | (G) low air-loss cutaneous pressure management | 2 | | devices;
| 3 | | (H) sequential compression devices;
| 4 | | (I) neonatal home phototherapy devices;
| 5 | | (J) enteral feeding pumps; and
| 6 | | (K) other similar equipment as defined by the | 7 | | Board.
| 8 | | "Home medical equipment" also includes hospital beds | 9 | | and electronic and
computer-driven wheelchairs, excluding | 10 | | scooters.
| 11 | | (7) "Address of record" means the designated address | 12 | | recorded by the Department in the applicant's or licensee's | 13 | | application file or license file maintained by the | 14 | | Department's licensure maintenance unit. It is the duty of | 15 | | the applicant or licensee to inform the Department of any | 16 | | change of address, and such changes must be made either | 17 | | through the Department's website or by contacting the | 18 | | Department's licensure maintenance unit.
| 19 | | (8) "Email address of record" means the designated | 20 | | email address recorded by the Department in the applicant's | 21 | | application file or the licensee's license file, as | 22 | | maintained by the Department's licensure maintenance unit. | 23 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 24 | | (225 ILCS 51/13 new) | 25 | | Sec. 13. Address of record; email address of record. All |
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| 1 | | applicants and licensees shall: | 2 | | (1) provide a valid address and email address to the | 3 | | Department, which shall serve as the address of record and | 4 | | email address of record, respectively, at the time of | 5 | | application for licensure or renewal of a license; and | 6 | | (2) inform the Department of any change of address of | 7 | | record or email address of record within 14 days after such | 8 | | change either through the Department's website or by | 9 | | contacting the Department's licensure maintenance unit.
| 10 | | (225 ILCS 51/15)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 15. Licensure requirement; exempt activities.
| 13 | | (a) No entity shall provide or hold itself out as providing | 14 | | home medical
equipment and
services, or
use the title "home | 15 | | medical equipment and services provider" in connection with
his | 16 | | or her profession or business,
without a license issued by the | 17 | | Department under this Act.
| 18 | | (b) Nothing in this Act shall be construed as preventing or
| 19 | | restricting the practices, services, or activities of the | 20 | | following, unless
those practices, services, or activities | 21 | | include providing home medical
equipment and services through a | 22 | | separate
legal entity:
| 23 | | (1) a person licensed or registered in this State by | 24 | | any other
law engaging in the profession or occupation for | 25 | | which he or
she is licensed or registered;
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| 1 | | (2) a home medical services provider entity that is | 2 | | accredited under home
care standards by a recognized | 3 | | accrediting body;
| 4 | | (3) home health agencies that do not have a Part B | 5 | | Medicare supplier
number or that do not engage in the | 6 | | provision of home medical equipment and
services;
| 7 | | (4) hospitals, excluding hospital-owned and | 8 | | hospital-related providers
of home medical equipment and | 9 | | services;
| 10 | | (5) manufacturers and wholesale distributors of home | 11 | | medical equipment who
do not sell directly to a patient;
| 12 | | (6) health care practitioners who lawfully prescribe | 13 | | or
order home medical equipment and services, or who use | 14 | | home
medical equipment and services to treat their | 15 | | patients, including
but not limited to physicians, nurses, | 16 | | physical therapists,
respiratory therapists, occupational | 17 | | therapists, speech-language
pathologists, optometrists, | 18 | | chiropractors, and podiatric physicians;
| 19 | | (7) pharmacists, pharmacies, and home infusion | 20 | | pharmacies that are not
engaged in the sale or
rental of | 21 | | home medical equipment and services;
| 22 | | (8) hospice programs that do not involve the sale or | 23 | | rental of
home medical equipment and services;
| 24 | | (9) nursing homes;
| 25 | | (10) veterinarians;
| 26 | | (11) dentists; and
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| 1 | | (12) emergency medical service providers.
| 2 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 3 | | (225 ILCS 51/20)
| 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 20. Powers and duties of the Department.
| 6 | | (a) The Department shall exercise the powers and duties
| 7 | | prescribed by the Civil Administrative Code of Illinois for the
| 8 | | administration of licensure Acts and shall exercise other
| 9 | | powers and duties necessary for effectuating the purposes of | 10 | | this
Act.
| 11 | | (b) The Department may adopt rules to administer and | 12 | | enforce
this Act, including but not limited to fees for | 13 | | original licensure and
renewal and restoration of licenses,
and | 14 | | may
prescribe forms to be issued to implement this Act.
At a | 15 | | minimum, the rules adopted by the Department shall include | 16 | | standards and
criteria for
licensure and
for professional | 17 | | conduct and discipline. The Department may shall
consult with | 18 | | the Board in adopting rules. Notice of proposed
rulemaking | 19 | | shall be transmitted to the Board, and the Department
shall | 20 | | review the Board's response and any recommendations made
in the | 21 | | response. The Department shall notify the Board in writing with
| 22 | | proper explanation of deviations from the Board's | 23 | | recommendations
and response.
| 24 | | (c) The Department may at any time seek the advice and
| 25 | | expert knowledge of the Board on any matter relating to the
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| 1 | | administration of this Act.
| 2 | | (d) (Blank).
| 3 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 4 | | (225 ILCS 51/25)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 25. Home Medical Equipment and Services Board. The | 7 | | Secretary
shall appoint
a Home Medical Equipment and Services | 8 | | Board, in
consultation with a state association representing | 9 | | the home
medical equipment and services industry,
to serve in | 10 | | an advisory capacity to the Secretary. The Board shall consist | 11 | | of 7
members. Four
members shall be home medical equipment and | 12 | | services provider
representatives, at least one of
whom shall | 13 | | be a
pharmacy-based provider. The 3 remaining members shall | 14 | | include one
home care clinical specialist, one respiratory care | 15 | | practitioner,
and one public member. The public member shall | 16 | | not be engaged in any way, directly or indirectly, as a | 17 | | provider of health care.
| 18 | | Members shall serve 4-year 4 year terms and until their | 19 | | successors are
appointed and qualified.
No member shall be | 20 | | reappointed to the Board for
a term that would cause continuous | 21 | | service on the Board to exceed 8 years.
Appointments to fill | 22 | | vacancies shall be made in the same
manner as original | 23 | | appointments, for the unexpired portion of the
vacated term.
| 24 | | The home medical equipment and services provider | 25 | | representatives appointed
to the Board shall have engaged in |
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| 1 | | the provision of home medical
equipment and services or related | 2 | | home care services for at least
3 years prior to their | 3 | | appointment, shall be currently
engaged in providing home | 4 | | medical equipment and services
in the State of Illinois, and | 5 | | must have no
record of convictions related to fraud or abuse | 6 | | under either
State or federal law.
| 7 | | The membership of the Board should reasonably reflect
| 8 | | representation from the geographic areas in this State.
| 9 | | The Board shall annually elect one of its members as | 10 | | chairperson and vice
chairperson.
| 11 | | Each Board member shall be paid his or her necessary | 12 | | expenses while engaged in the performance of his or her duties. | 13 | | Members of the Board shall receive as compensation a reasonable | 14 | | sum as
determined by the Secretary
for each day actually | 15 | | engaged in the duties of the
office, and shall be reimbursed | 16 | | for authorized expenses
incurred in performing the duties of | 17 | | the office.
| 18 | | The Secretary
may terminate the appointment of any member | 19 | | for
cause which in the opinion of the Secretary
reasonably | 20 | | justifies
the termination. The Secretary shall be the sole | 21 | | arbiter of whether the cause reasonably justifies termination.
| 22 | | Members of the Board shall be immune from suit in an action | 23 | | based upon
any disciplinary proceedings or other activities | 24 | | performed in good faith as
members of the Board.
| 25 | | A majority of Board members currently appointed shall | 26 | | constitute a quorum.
A vacancy in the membership of the Board |
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| 1 | | shall not impair the rights of a
quorum
to exercise the rights | 2 | | and perform all of the duties of the Board.
| 3 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 4 | | (225 ILCS 51/30)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 30. Application for original licensure. Applications
| 7 | | for original licensure shall be made to the Department in | 8 | | writing or electronically
and signed by the applicant on forms | 9 | | prescribed by the Department or by electronic form and shall be
| 10 | | accompanied by
a nonrefundable fee set by rule of the | 11 | | Department.
The Department may require from an applicant | 12 | | information that, in its judgment,
will enable the Department | 13 | | to pass on the
qualifications of the applicant for licensure.
| 14 | | An applicant has 3 years from the date of application to | 15 | | complete
the application process. If the process has not been | 16 | | completed
in 3 years, the application shall be denied, the fee | 17 | | shall be forfeited,
and the applicant must reapply and meet the | 18 | | requirements in
effect at the time of reapplication.
| 19 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 20 | | (225 ILCS 51/75)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 75. Refused issuance, suspension, or revocation , or | 23 | | other discipline of
license. | 24 | | (a) The Department may refuse to issue, renew, or restore a |
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| 1 | | license, or may
revoke,
suspend, place on probation, reprimand, | 2 | | impose a fine not to exceed $10,000
for
each violation, or take | 3 | | other
disciplinary or non-disciplinary
action as the | 4 | | Department may deem proper
with regard to a
licensee for any | 5 | | one or combination of the following reasons:
| 6 | | (1) Making a material misstatement in furnishing | 7 | | information to the
Department.
| 8 | | (2) Violation
of this Act or its
rules.
| 9 | | (3) Conviction of the licensee or any owner or officer | 10 | | of the licensee by plea of guilty or nolo contendere, | 11 | | finding of guilt, jury verdict, or entry of judgment or by | 12 | | sentencing for any crime, including, but not limited to, | 13 | | convictions, preceding sentences of supervision, | 14 | | conditional discharge, or first offender probation, under | 15 | | the laws of any jurisdiction of the United States that (i) | 16 | | is a felony under the laws of this State or (ii) is a | 17 | | misdemeanor, an essential element of which is dishonesty, | 18 | | or that is directly related to the home medical and | 19 | | equipment services. Conviction of or entry of a plea of | 20 | | guilty or nolo contendere to any
crime that is a felony | 21 | | under the laws of the United States
or any state or | 22 | | territory thereof or
a misdemeanor, an essential element of | 23 | | which is dishonesty or
that is directly related to the | 24 | | practice of the profession.
| 25 | | (4) Making a misrepresentation to obtain
licensure or | 26 | | to violate a provision of this Act.
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| 1 | | (5) Gross negligence in practice under this Act.
| 2 | | (6) Engaging in a pattern of practice or other behavior | 3 | | that demonstrates
incapacity or incompetence to practice | 4 | | under this Act.
| 5 | | (7) Aiding, assisting, or willingly permitting another | 6 | | person in violating
any provision
of this Act or its rules.
| 7 | | (8) Failing, within 30
days, to provide information in | 8 | | response
to a written request made by the Department.
| 9 | | (9) Engaging in dishonorable, unethical, or | 10 | | unprofessional
conduct of a character likely to deceive, | 11 | | defraud, or harm the
public.
| 12 | | (10) Adverse action taken Discipline by another state, | 13 | | District of Columbia, territory,
or foreign nation, if at | 14 | | least one of the grounds for the
discipline is the same or | 15 | | substantially equivalent to one set
forth in this Act.
| 16 | | (11) Directly or indirectly giving to or receiving from | 17 | | any
person, firm, corporation, partnership, or association | 18 | | any fee,
commission, rebate, or other form of compensation | 19 | | for any
services not actually or personally rendered.
| 20 | | (12) A finding that the licensee, after having its | 21 | | license placed
on probationary status, has violated the | 22 | | terms of probation.
| 23 | | (13) Willfully making or filing false records or | 24 | | reports in the
course of providing home medical equipment | 25 | | and services, including but not
limited to false records or | 26 | | reports filed with
State agencies or departments.
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| 1 | | (14) Solicitation of business services, other than | 2 | | according to permitted
advertising.
| 3 | | (15) The use of any words, abbreviations, figures, or | 4 | | letters with
the intention of indicating practice as a home | 5 | | medical equipment
and services provider without a license
| 6 | | issued under this Act.
| 7 | | (16) Failure to file a return, or to pay the tax, | 8 | | penalty, or
interest shown in a filed return, or to pay any | 9 | | final assessment
of tax, penalty, or interest, as required | 10 | | by any tax Act
administered by the Department of Revenue, | 11 | | until such
time as the requirements of any such tax Act are | 12 | | satisfied.
| 13 | | (17) Failure to comply with federal or State laws and | 14 | | regulations concerning home
medical equipment and services | 15 | | providers.
| 16 | | (18) Solicitation of professional services using false | 17 | | or misleading
advertising.
| 18 | | (19) Failure to display a license in accordance with
| 19 | | Section 45.
| 20 | | (20) Habitual or excessive use or addiction to alcohol, | 21 | | narcotics, stimulants, or any other chemical agent or drug | 22 | | that results in the inability to practice with reasonable | 23 | | judgment, skill, or safety by an owner or officer of the | 24 | | licensee . | 25 | | (21) Physical illness, mental illness, or disability, | 26 | | including without limitation deterioration through the |
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| 1 | | aging process and loss of motor skill, that results in the | 2 | | inability to practice the profession with reasonable | 3 | | judgment, skill, or safety by an owner or officer of the | 4 | | licensee . | 5 | | All fines imposed under this Section shall be paid within | 6 | | 60 days after the effective date of the order imposing the fine | 7 | | or in accordance with the terms set forth in the order imposing | 8 | | the fine. | 9 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 10 | | (225 ILCS 51/95)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 95. Investigations; notice and hearing.
| 13 | | (a) The Department
may investigate the actions of an | 14 | | applicant or of an entity
holding or claiming to hold a | 15 | | license.
| 16 | | (b) The Department
shall, before refusing to issue or renew | 17 | | a license or
disciplining a licensee, at least 30 days prior to | 18 | | the date set
for the hearing, notify in writing the applicant | 19 | | or
licensee of the nature of the charges and that a hearing
| 20 | | will be held on the date designated. The Department shall | 21 | | direct
the applicant or licensee to file a written answer to | 22 | | the Board
under oath within 20 days after the service of the | 23 | | notice and
inform the applicant or licensee that failure to | 24 | | file an answer
will result in default being taken against the | 25 | | applicant or
licensee and that the license may be suspended,
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| 1 | | revoked, placed on probationary status, or other disciplinary
| 2 | | action may be taken, including limiting the scope, nature, or
| 3 | | extent of business, as the Secretary
may deem proper. Written
| 4 | | notice may be served by personal delivery , or certified or
| 5 | | registered mail to the applicant or licensee
at his or her
| 6 | | address of record , or email to the applicant or licensee's | 7 | | email address of record . If the entity fails to
file an answer | 8 | | after receiving notice, the entity's license
may, in the | 9 | | discretion of the Department, be
suspended, revoked, or placed | 10 | | on probationary status, or the
Department may take whatever | 11 | | disciplinary or non-disciplinary action it deems proper,
| 12 | | including limiting the scope, nature, or extent of the entity's
| 13 | | business, or imposing a fine, without a hearing, if the
act or | 14 | | acts charged constitute sufficient grounds for such action | 15 | | under this
Act. At the time and place fixed in the notice, the | 16 | | Board shall proceed to hear
the charges, and the parties or | 17 | | their counsel shall be
accorded ample opportunity to present | 18 | | such statements, testimony,
evidence, and argument as may be | 19 | | pertinent to the charges or to
their defense. The Board may | 20 | | continue a hearing from time to
time.
| 21 | | (c) An individual or organization acting in good faith, and | 22 | | not in a willful and wanton manner, by participating in | 23 | | proceedings of the Board, or by serving as a member of the | 24 | | Board, shall not, as a result of such actions, be subject to | 25 | | criminal prosecution or civil damages. | 26 | | (d) Members of the Board shall be indemnified by the State |
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| 1 | | for any actions occurring within the scope of services on the | 2 | | Board, done in good faith and not willful and wanton in nature. | 3 | | The Attorney General shall defend all such actions unless he or | 4 | | she determines either that there would be a conflict of | 5 | | interest in such representation or that the actions complained | 6 | | of were not in good faith or were willful and wanton. | 7 | | If the Attorney General declines representation, the | 8 | | member has the right to employ counsel of his or her choice, | 9 | | whose fees shall be provided by the State, after approval by | 10 | | the Attorney General, unless there is a determination by a | 11 | | court that the member's actions were not in good faith or were | 12 | | willful and wanton. | 13 | | The member must notify the Attorney General within 7 days | 14 | | after receipt of notice of the initiation of any action | 15 | | involving services of the Board. Failure to so notify the | 16 | | Attorney General shall constitute an absolute waiver of the | 17 | | right to a defense and indemnification. | 18 | | The Attorney General shall determine, within 7 days after | 19 | | receiving such notice, whether he or she will undertake to | 20 | | represent the member. | 21 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 22 | | (225 ILCS 51/100)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 100. Shorthand reporter Stenographer ; transcript. The | 25 | | Department , at its
expense, shall provide a shorthand reporter |
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| 1 | | to take down the testimony and preserve a record of all | 2 | | proceedings at the formal
hearing of any case involving the | 3 | | refusal to issue or renew a
license or the discipline of a | 4 | | licensee. The notice of hearing,
complaint, and all other | 5 | | documents in the nature of pleadings,
written motions filed in | 6 | | the proceedings, the transcript of
testimony, the report of the | 7 | | Board, and the order of the Department
shall be the record of | 8 | | the proceeding.
| 9 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 10 | | (225 ILCS 51/110)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 110. Findings and recommendations. At the conclusion | 13 | | of
the hearing the Board shall present to the Secretary
a | 14 | | written
report of its findings and recommendations. The report | 15 | | shall
contain a finding of whether or not the accused entity | 16 | | violated
this Act or failed to comply with the conditions | 17 | | required in this
Act. The Board shall specify the nature of the | 18 | | violation or
failure to comply, and shall make its | 19 | | recommendations to the
Secretary.
| 20 | | The report of findings of fact, conclusions of law, and | 21 | | recommendation of the Board shall be the basis for the | 22 | | Department's order for refusing to issue, restore, or renew a | 23 | | license, or otherwise disciplining a licensee, or for the | 24 | | granting of a license. If the Secretary disagrees with the | 25 | | report, findings of fact, conclusions of law, and |
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| 1 | | recommendations of the Board, the Secretary may issue an order | 2 | | in contravention of the Board's recommendations. The report of | 3 | | findings and recommendations of the Board may
be
the basis for | 4 | | the Department's order of refusal or for the
granting of | 5 | | licensure unless the Secretary
shall determine that
the Board's | 6 | | report is contrary to the manifest weight of the
evidence, in | 7 | | which case the Secretary
may issue an order in
contravention of | 8 | | the Board's report. The finding is not admissible
in evidence | 9 | | against the entity in a criminal prosecution brought
for the | 10 | | violation of this Act, but the hearing and finding are
not a | 11 | | bar to a criminal prosecution brought for the violation of
this | 12 | | Act.
| 13 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 14 | | (225 ILCS 51/115)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 115. Rehearing on motion. In a case involving the | 17 | | refusal to
issue or renew a license or the discipline of a | 18 | | licensee, a copy
of the Board's report shall be served upon the | 19 | | respondent by the
Department, either personally or as provided | 20 | | in this Act for the
service of the notice of hearing. Within 20 | 21 | | days after such
service, the respondent may present to the | 22 | | Department a motion in
writing for a rehearing, which shall | 23 | | specify the
particular grounds for the rehearing. If no motion | 24 | | for rehearing is
filed, then upon the expiration of the time | 25 | | specified for filing
the motion, or if a motion for rehearing |
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| 1 | | is denied, then upon
such denial the Secretary
may enter an | 2 | | order in accordance with
recommendations of the Board except as | 3 | | provided in Sections 110 and Section 120 of
this Act.
| 4 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 5 | | (225 ILCS 51/125)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 125. Hearing officer. The Secretary
has the authority | 8 | | to appoint an attorney duly licensed to
practice law in the | 9 | | State of Illinois to serve as the hearing
officer in an action | 10 | | for refusal to issue or renew a license, or for the
discipline
| 11 | | of a licensee. The Secretary
shall notify the Board of an | 12 | | appointment. The
hearing officer shall have full authority to
| 13 | | conduct the hearing. The hearing officer shall report his or | 14 | | her
findings and recommendations to the Board and the | 15 | | Secretary. The
Board shall have 60 days from receipt of the | 16 | | report to review the
report of the hearing officer and present | 17 | | its findings of fact,
conclusions of law and recommendation to | 18 | | the Secretary. If the
Board fails to present its report within | 19 | | the 60-day 60 day period, the respondent may request in writing | 20 | | a direct appeal to the Secretary, in which case the Secretary | 21 | | may shall, within 7 calendar days after the request, issue an | 22 | | order directing the Board to issue its findings of fact, | 23 | | conclusions of law, and recommendations to the Secretary within | 24 | | 30 calendar days after such order. If the Board fails to issue | 25 | | its findings of fact, conclusions of law, and recommendations |
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| 1 | | within that time frame to the Secretary after the entry of such | 2 | | order, the Secretary shall, within 30 calendar days thereafter, | 3 | | issue an order based upon the report of the hearing officer and | 4 | | the record of the proceedings or issue an order remanding the | 5 | | matter back to the hearing officer for additional proceedings | 6 | | in accordance with the order. If (i) a direct appeal is | 7 | | requested, (ii) the Board fails to issue its findings of fact, | 8 | | conclusions of law, and recommendations within the 30-day | 9 | | mandate from the Secretary or the Secretary fails to order the | 10 | | Board to do so, and (iii) the Secretary fails to issue an order | 11 | | within 30 calendar days thereafter, then the hearing officer's | 12 | | report is deemed accepted and a final decision of the | 13 | | Secretary. Notwithstanding any other provision of this | 14 | | Section, if the Secretary, upon review, determines that | 15 | | substantial justice has not been done in the revocation, | 16 | | suspension, or refusal to issue or renew a license or other | 17 | | disciplinary action taken as the result of the entry of the | 18 | | hearing officer's or Board's report, the Secretary may order a | 19 | | rehearing by the same or other examiners. If the Secretary | 20 | | disagrees in any regard with the report of the Board, the | 21 | | Secretary may issue an order in contravention thereof. If the | 22 | | Secretary
determines that the Board's report is
contrary to the | 23 | | manifest weight of the evidence, he or she may
issue an order | 24 | | in contravention of the Board's report.
| 25 | | (Source: P.A. 95-703, eff. 12-31-07.)
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| 1 | | (225 ILCS 51/135)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 135. Restoration of license. At any
time after the | 4 | | successful completion of a term of probation, suspension , or | 5 | | revocation of a license, the
Department may restore the license | 6 | | to the accused entity upon the written
recommendation of the | 7 | | Board unless, after an investigation and a
hearing, the Board | 8 | | determines that restoration is not in the
public interest. | 9 | | Restoration under this Section requires the filing of all | 10 | | applications and payment of all fees required by the | 11 | | Department.
| 12 | | (Source: P.A. 95-703, eff. 12-31-07.)
| 13 | | (225 ILCS 51/150)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 150. Administrative Review Law. All final
| 16 | | administrative decisions of the Department are subject to
| 17 | | judicial review pursuant to the provisions of the | 18 | | Administrative
Review Law , as now or hereafter amended, and all | 19 | | rules adopted
pursuant to that Law . The term "administrative | 20 | | decision" is defined
as in Section 3-101 of the Code of Civil | 21 | | Procedure.
| 22 | | Proceedings for judicial review shall be commenced in the | 23 | | circuit
court of the county in which the party applying for | 24 | | relief
resides, but if the party is not a resident of this | 25 | | State, the
venue shall be in Sangamon County.
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| 1 | | The Department shall not be required to certify any record | 2 | | to the court or file any answer in court or otherwise appear in | 3 | | any court in a judicial review proceeding, unless and until the | 4 | | Department has received from the plaintiff payment of the costs | 5 | | of furnishing and certifying the record, which costs shall be | 6 | | determined by the Department. Exhibits shall be certified | 7 | | without cost. Failure on the part of the plaintiff to file a | 8 | | receipt in court shall be grounds for dismissal of the action. | 9 | | During the pendency and hearing of any and all judicial | 10 | | proceedings incident to a disciplinary action, any sanctions | 11 | | imposed upon the respondent by the Department because of acts | 12 | | or omissions related to the delivery of direct patient care as | 13 | | specified in the Department's final administrative decision | 14 | | shall, as a matter of public policy, remain in full force and | 15 | | effect in order to protect the public pending final resolution | 16 | | of any of the proceedings. | 17 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 18 | | (225 ILCS 51/165)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 165. Illinois Administrative Procedure Act. The
| 21 | | Illinois Administrative Procedure Act is hereby expressly | 22 | | adopted
and incorporated in this Act as if all of the | 23 | | provisions of that Act
were included in this Act, except that | 24 | | the provision of
subsection (d) of Section 10-65 of the | 25 | | Illinois Administrative
Procedure Act, which provides that at |
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| 1 | | hearings the license
holder has the right to show compliance | 2 | | with all lawful
requirements for retention, continuation, or | 3 | | renewal of
a license, is specifically excluded. For the | 4 | | purposes of this
Act, the notice required under Section 10-25 | 5 | | of the Illinois
Administrative Procedure Act is deemed | 6 | | sufficient when served personally upon, mailed to
the last | 7 | | known address of record of, or emailed to the email address of | 8 | | record of a party.
| 9 | | (Source: P.A. 90-532, eff. 11-14-97 .)
| 10 | | (225 ILCS 51/185 new) | 11 | | Sec. 185. Confidentiality. All information collected by | 12 | | the Department in the course of an examination or investigation | 13 | | of a licensee or applicant, including, but not limited to, any | 14 | | complaint against a licensee filed with the Department and | 15 | | information collected to investigate any such complaint, shall | 16 | | be maintained for the confidential use of the Department and | 17 | | shall not be disclosed. The Department may not disclose the | 18 | | information to anyone other than law enforcement officials, | 19 | | other regulatory agencies that have an appropriate regulatory | 20 | | interest as determined by the Secretary, or to a party | 21 | | presenting a lawful subpoena to the Department. Information and | 22 | | documents disclosed to a federal, State, county, or local law | 23 | | enforcement agency shall not be disclosed by the agency for any | 24 | | purpose to any other agency or person. A formal complaint filed | 25 | | against a licensee by the Department or any order issued by the |
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| 1 | | Department against a licensee or applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.28 | | | 4 | | 5 ILCS 80/4.38 new | | | 5 | | 225 ILCS 51/10 | | | 6 | | 225 ILCS 51/13 new | | | 7 | | 225 ILCS 51/15 | | | 8 | | 225 ILCS 51/20 | | | 9 | | 225 ILCS 51/25 | | | 10 | | 225 ILCS 51/30 | | | 11 | | 225 ILCS 51/75 | | | 12 | | 225 ILCS 51/95 | | | 13 | | 225 ILCS 51/100 | | | 14 | | 225 ILCS 51/110 | | | 15 | | 225 ILCS 51/115 | | | 16 | | 225 ILCS 51/125 | | | 17 | | 225 ILCS 51/135 | | | 18 | | 225 ILCS 51/150 | | | 19 | | 225 ILCS 51/165 | | | 20 | | 225 ILCS 51/185 new | |
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