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| [ Senate Amendment 002 ] |
91_HB3455enr HB3455 Enrolled LRB9112263ACtm 1 AN ACT to amend the Environmental Health Practitioner 2 Licensing Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Health Practitioner 6 Licensing Act is amended by changing Sections 17, 18, and 27 7 as follows: 8 (225 ILCS 37/17) 9 Sec. 17. Powers and duties of the Department of 10 Professional Regulation. Subject to the provisions of this 11 Act, the Department shall exercise the following functions, 12 powers, and duties: 13 (1) Prescribe rules defining what constitutes an 14 approved school, college, or department of a university, 15 except that no school, college, or department of a university 16 that refuses admittance to applicants solely on account of 17 race, color, creed, sex, or national origin shall be 18 approved. 19 (2) Conduct hearings on proceedings to revoke, suspend, 20 or refuse to issue licenses. 21 (3) Promulgate rules required for the administration of 22 this Act. 23 (Source: P.A. 89-61, eff. 6-30-95.) 24 (225 ILCS 37/18) 25 Sec. 18. Board of Environmental Health Practitioners. 26 The Board of Environmental Health Practitioners is created 27 and shall exercise its duties as provided in this Act. The 28 Board shall consist of 7 members appointed by the Director. 29 Of the 7 members, 4 shall be environmental health 30 practitioners, one a Public Health Administrator who meets HB3455 Enrolled -2- LRB9112263ACtm 1 the minimum qualifications for public health personnel 2 employed by full time local health departments as prescribed 3 by the Illinois Department of Public Health and is actively 4 engaged in the administration of a local health department 5 within this State, one full time professor teaching in the 6 field of environmental health practice, and one member of the 7 general public. In making the appointments to the Board, the 8 Director shall consider the recommendations of related 9 professional and trade associations including the Illinois 10 Environmental Health Association and the Illinois Public 11 Health Association and of the Director of Public Health. 12 Each of the environmental health practitioners shall have at 13 least 5 years of full time employment in the field of 14 environmental health practice before the date of appointment. 15 Each appointee filling the seat of an environmental health 16 practitioner appointed to the Board must be licensed under 17 this Act, however, in appointing the environmental health 18 practitioner members of the first Board, the Director may 19 appoint any environmental health practitioner who possesses 20 the qualifications set forth in Section 20 of this Act. Of 21 the initial appointments, 3 members shall be appointed for 22 3-year terms, 2 members for 2-year terms, and 2 members for 23 one-year terms. Each succeeding member shall serve for a 24 3-year term.No member may serve more than 2 consecutive25terms.26 The membership of the Board shall reasonably reflect 27 representation from the various geographic areas of the 28 State. 29 A vacancy in the membership of the Board shall not impair 30 the right of a quorum to exercise all the rights and perform 31 all the duties of the Board. 32 The members of the Board are entitled to receive as 33 compensation a reasonable sum as determined by the Director 34 for each day actually engaged in the duties of the office and HB3455 Enrolled -3- LRB9112263ACtm 1 all legitimate and necessary expenses incurred in attending 2 the meetings of the Board. 3 Members of the Board shall be immune from suit in any 4 action based upon any disciplinary proceedings or other 5 activities performed in good faith as members of the Board. 6 The Director may remove any member of the Board for any 7 cause that, in the opinion of the Director, reasonably 8 justifies termination. 9 (Source: P.A. 89-61, eff. 6-30-95.) 10 (225 ILCS 37/27) 11 Sec. 27. Renewals; restoration. 12 (a) The expiration date and renewal period for each 13 license issued under this Act shall be set by rule. As a 14 condition for renewal of a license, the licensee shall be 15 required to complete continuing education requirements as set 16 forth in rules by the Department. Licensees who are 70 years 17 of age or older and have been licensed under this Act for at 18 least 4 years shall be exempt from the continuing education 19 requirements. 20 (b) A person who has permitted a license to expire may 21 have the license restored by making application to the 22 Department and filing proof, acceptable to the Department, of 23 fitness to have the license restored. Proof may include (i) 24 sworn evidence certifying to active practice in another 25 jurisdiction that is satisfactory to the Department, (ii) 26 complying with any continuing education requirements, and 27 (iii) paying the required restoration fee. 28 (c) If the person has not maintained an active practice 29 in another jurisdiction satisfactory to the Department, the 30 Board shall determine, by an evaluation program, established 31 by rule, the person's fitness to resume active status. The 32 Board may require the person to complete a period of 33 evaluated clinical experience and successful completion of a HB3455 Enrolled -4- LRB9112263ACtm 1 practical examination. 2 However, a person whose license expired while (i) in 3 federal service on active duty with the Armed Forces of the 4 United States or called into service or training with the 5 State Militia or (ii) in training or education under the 6 supervision of the United States, preliminary to induction 7 into the military service may have his or her license renewed 8 or restored without paying any lapsed renewal fees if, within 9 2 years after honorable termination of the service, training, 10 or education, except under conditions other than honorable, 11 he or she furnishes the Department with satisfactory evidence 12 to the effect that he or she has been so engaged and that the 13 service, training, or education has been terminated. 14 (d) A person who notifies the Department, in writing on 15 forms prescribed by the Department, may place his or her 16 license on inactive status and shall be excused from the 17 payment of renewal fees until the person notifies the 18 Department, in writing, of the intention to resume active 19 practice. 20 (e) A person requesting his or her license be changed 21 from inactive to active status shall be required to pay the 22 current renewal fee and shall also demonstrate compliance 23 with the continuing education requirements. 24 (f) An environmental health practitioner whose license 25 is not renewed or whose license is on inactive status shall 26 not engage in the practice of environmental health in the 27 State of Illinois or use the title or advertise that he or 28 she performs the services of a "licensed environmental health 29 practitioner". 30 (g) A person violating subsection (f) of this Section 31 shall be considered to be practicing without a license and 32 shall be subject to the disciplinary provisions of this Act. 33 (h) A license to practice shall not be denied any 34 applicant because of the applicant's race, religion, creed, HB3455 Enrolled -5- LRB9112263ACtm 1 national origin, political beliefs or activities, age, sex, 2 sexual orientation, or physical impairment. 3 (Source: P.A. 89-61, eff. 6-30-95.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.