Public Act 099-0230

SB0973 Enrolled LRB099 05440 RPS 25475 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by changing

Section 4.26 and by adding Section 4.36 as follows:

(5 ILCS 80/4.26)

Sec. 4.26. Acts repealed on January 1, 2016. The following

Acts are repealed on January 1, 2016:

The Illinois Athletic Trainers Practice Act.

The Illinois Roofing Industry Licensing Act.

The Illinois Dental Practice Act.

The Collection Agency Act.

The Barber, Cosmetology, Esthetics, Hair Braiding, and

Nail Technology Act of 1985.

The Respiratory Care Practice Act.

The Hearing Instrument Consumer Protection Act.

The Illinois Physical Therapy Act.

The Professional Geologist Licensing Act.

(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;

96-1246, eff. 1-1-11.)

(5 ILCS 80/4.36 new)

Sec. 4.36. Act repealed on January 1, 2026. The following

Act is repealed on January 1, 2026:

The Respiratory Care Practice Act.

Section 10. The Respiratory Care Practice Act is amended by

changing Sections 10, 15, 20, 30, 35, 40, 45, 65, 80, 95, 100,

105, 110, 115, 125, 130, 135, 140, 145, 150, 160, 170, and 180

and by adding Sections 22, 190, and 195 as follows:

(225 ILCS 106/10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 10. Definitions. In this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address and

those changes must be made either through the Department's

website or by contacting the Department.

"Advanced practice nurse" means an advanced practice nurse

licensed under the Nurse Practice Act.

"Board" means the Respiratory Care Board appointed by the

Secretary Director.

"Basic respiratory care activities" means and includes all

of the following activities:

(1) Cleaning, disinfecting, and sterilizing equipment

used in the practice of respiratory care as delegated by a

licensed health care professional or other authorized

licensed personnel.

(2) Assembling equipment used in the practice of

respiratory care as delegated by a licensed health care

professional or other authorized licensed personnel.

(3) Collecting and reviewing patient data through

non-invasive means, provided that the collection and

review does not include the individual's interpretation of

the clinical significance of the data. Collecting and

reviewing patient data includes the performance of pulse

oximetry and non-invasive monitoring procedures in order

to obtain vital signs and notification to licensed health

care professionals and other authorized licensed personnel

in a timely manner.

(4) Maintaining a nasal cannula or face mask for oxygen

therapy in the proper position on the patient's face.

(5) Assembling a nasal cannula or face mask for oxygen

therapy at patient bedside in preparation for use.

(6) Maintaining a patient's natural airway by

physically manipulating the jaw and neck, suctioning the

oral cavity, or suctioning the mouth or nose with a bulb

syringe.

(7) Performing assisted ventilation during emergency

resuscitation using a manual resuscitator.

(8) Using a manual resuscitator at the direction of a

licensed health care professional or other authorized

licensed personnel who is present and performing routine

airway suctioning. These activities do not include care of

a patient's artificial airway or the adjustment of

mechanical ventilator settings while a patient is

connected to the ventilator.

"Basic respiratory care activities" does not mean activities

that involve any of the following:

(1) Specialized knowledge that results from a course of

education or training in respiratory care.

(2) An unreasonable risk of a negative outcome for the

patient.

(3) The assessment or making of a decision concerning

patient care.

(4) The administration of aerosol medication or

medical gas oxygen.

(5) The insertion and maintenance of an artificial

airway.

(6) Mechanical ventilatory support.

(7) Patient assessment.

(8) Patient education.

(9) The transferring of oxygen devices, for purposes of

patient transport, with a liter flow greater than 6 liters

per minute, and the transferring of oxygen devices at any

liter flow being delivered to patients less than 12 years

of age.

"Department" means the Department of Financial and

Professional Regulation.

"Director" means the Director of Professional Regulation.

"Licensed" means that which is required to hold oneself out

as a respiratory care practitioner as defined in this Act.

"Licensed health care professional" means a physician

licensed to practice medicine in all its branches, an advanced

practice nurse who has a written collaborative agreement with a

collaborating physician that authorizes the advanced practice

nurse to transmit orders to a respiratory care practitioner, or

a physician assistant who has been delegated the authority to

transmit orders to a respiratory care practitioner by his or

her supervising physician.

"Order" means a written, oral, or telecommunicated

authorization for respiratory care services for a patient by

(i) a licensed health care professional who maintains medical

supervision of the patient and makes a diagnosis or verifies

that the patient's condition is such that it may be treated by

a respiratory care practitioner or (ii) a certified registered

nurse anesthetist in a licensed hospital or ambulatory surgical

treatment center.

"Other authorized licensed personnel" means a licensed

respiratory care practitioner, a licensed registered nurse, or

a licensed practical nurse whose scope of practice authorizes

the professional to supervise an individual who is not

licensed, certified, or registered as a health professional.

"Proximate supervision" means a situation in which an

individual is responsible for directing the actions of another

individual in the facility and is physically close enough to be

readily available, if needed, by the supervised individual.

"Respiratory care" and "cardiorespiratory care" mean

preventative services, evaluation and assessment services,

therapeutic services, cardiopulmonary disease management, and

rehabilitative services under the order of a licensed health

care professional or a certified registered nurse anesthetist

in a licensed hospital for an individual with a disorder,

disease, or abnormality of the cardiopulmonary system. These

terms include, but are not limited to, measuring, observing,

assessing, and monitoring signs and symptoms, reactions,

general behavior, and general physical response of individuals

to respiratory care services, including the determination of

whether those signs, symptoms, reactions, behaviors, or

general physical responses exhibit abnormal characteristics;

the administration of pharmacological and therapeutic agents

and procedures related to respiratory care services; the

collection of blood specimens and other bodily fluids and

tissues for, and the performance of, cardiopulmonary

diagnostic testing procedures, including, but not limited to,

blood gas analysis; development, implementation, and

modification of respiratory care treatment plans based on

assessed abnormalities of the cardiopulmonary system,

respiratory care guidelines, referrals, and orders of a

licensed health care professional; application, operation, and

management of mechanical ventilatory support and other means of

life support, including, but not limited to, hemodynamic

cardiovascular support; and the initiation of emergency

procedures under the rules promulgated by the Department. A

respiratory care practitioner shall refer to a physician

licensed to practice medicine in all its branches any patient

whose condition, at the time of evaluation or treatment, is

determined to be beyond the scope of practice of the

respiratory care practitioner.

"Respiratory care education program" means a course of

academic study leading to eligibility for registry or

certification in respiratory care. The training is to be

approved by an accrediting agency recognized by the Board and

shall include an evaluation of competence through a

standardized testing mechanism that is determined by the Board

to be both valid and reliable.

"Respiratory care practitioner" means a person who is

licensed by the Department of Professional Regulation and meets

all of the following criteria:

(1) The person is engaged in the practice of

cardiorespiratory care and has the knowledge and skill

necessary to administer respiratory care.

(2) The person is capable of serving as a resource to

the licensed health care professional in relation to the

technical aspects of cardiorespiratory care and the safe

and effective methods for administering cardiorespiratory

care modalities.

(3) The person is able to function in situations of

unsupervised patient contact requiring great individual

judgment.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)

(225 ILCS 106/15)

(Section scheduled to be repealed on January 1, 2016)

Sec. 15. Exemptions.

(a) This Act does not prohibit a person legally regulated

in this State by any other Act from engaging in any practice

for which he or she is authorized.

(b) Nothing in this Act shall prohibit the practice of

respiratory care by a person who is employed by the United

States government or any bureau, division, or agency thereof

while in the discharge of the employee's official duties.

(c) Nothing in this Act shall be construed to limit the

activities and services of a person enrolled in an approved

course of study leading to a degree or certificate of registry

or certification eligibility in respiratory care if these

activities and services constitute a part of a supervised

course of study and if the person is designated by a title

which clearly indicates his or her status as a student or

trainee. Status as a student or trainee shall not exceed 3

years from the date of enrollment in an approved course.

(d) Nothing in this Act shall prohibit a person from

treating ailments by spiritual means through prayer alone in

accordance with the tenets and practices of a recognized church

or religious denomination.

(e) Nothing in this Act shall be construed to prevent a

person who is a registered nurse, an advanced practice nurse, a

licensed practical nurse, a physician assistant, or a physician

licensed to practice medicine in all its branches from

providing respiratory care.

(f) Nothing in this Act shall limit a person who is

credentialed by the National Society for Cardiopulmonary

Technology or the National Board for Respiratory Care from

performing pulmonary function tests and respiratory care

procedures related to the pulmonary function test. Individuals

who do not possess a license to practice respiratory care or a

license in another health care field may perform basic

screening spirometry limited to peak flow, forced vital

capacity, slow vital capacity, and maximum voluntary

ventilation if they possess spirometry certification from the

National Institute for Occupational Safety and Health, an

Office Spirometry Certificate from the American Association

for Respiratory Care, or other similarly accepted

certification training.

(g) Nothing in this Act shall prohibit the collection and

analysis of blood by clinical laboratory personnel meeting the

personnel standards of the Illinois Clinical Laboratory Act.

(h) Nothing in this Act shall prohibit a polysomnographic

technologist, technician, or trainee, as defined in the job

descriptions jointly accepted by the American Academy of Sleep

Medicine, the Association of Polysomnographic Technologists,

the Board of Registered Polysomnographic Technologists, and

the American Society of Electroneurodiagnostic Technologists,

from performing activities within the scope of practice of

polysomnographic technology while under the direction of a

physician licensed in this State.

(i) Nothing in this Act shall prohibit a family member from

providing respiratory care services to an ill person.

(j) Nothing in this Act shall be construed to limit an

unlicensed practitioner in a licensed hospital who is working

under the proximate supervision of a licensed health care

professional or other authorized licensed personnel and

providing direct patient care services from performing basic

respiratory care activities if the unlicensed practitioner (i)

has been trained to perform the basic respiratory care

activities at the facility that employs or contracts with the

individual and (ii) at a minimum, has annually received an

evaluation of the unlicensed practitioner's performance of

basic respiratory care activities documented by the facility.

(k) Nothing in this Act shall be construed to prohibit a

person enrolled in a respiratory care education program or an

approved course of study leading to a degree or certification

in a health care-related discipline that provides respiratory

care activities within his or her scope of practice and

employed in a licensed hospital in order to provide direct

patient care services under the direction of other authorized

licensed personnel from providing respiratory care activities.

(l) Nothing in this Act prohibits a person licensed as a

respiratory care practitioner in another jurisdiction from

providing respiratory care: (i) in a declared emergency in this

State; (ii) as a member of an organ procurement team; or (iii)

as part of a medical transport team that is transporting a

patient into or out of this State.

(Source: P.A. 96-456, eff. 8-14-09.)

(225 ILCS 106/20)

(Section scheduled to be repealed on January 1, 2016)

Sec. 20. Restrictions and limitations.

(a) No person shall, without a valid license as a

respiratory care practitioner (i) hold himself or herself out

to the public as a respiratory care practitioner; (ii) use the

title "respiratory care practitioner"; or (iii) perform or

offer to perform the duties of a respiratory care practitioner,

except as provided in Section 15 of this Act.

(b) Nothing in the Act shall be construed to permit a

person licensed as a respiratory care practitioner to engage in

any manner in the practice of medicine in all its branches as

defined by State law.

(Source: P.A. 94-523, eff. 1-1-06.)

(225 ILCS 106/22 new)

Sec. 22. Durable medical equipment use and training.

(a) Notwithstanding any other provision of this Act,

unlicensed or non-credentialed individuals who deliver

prescribed respiratory care equipment, including, but not

limited to, oxygen, oxygen concentrators, pulmonary hygiene

devices, aerosol compressors and generators, suction machines,

and positive airway pressure devices, may deliver, set up,

calibrate, and demonstrate the mechanical operation of a

specific piece of equipment to the patient, family, and

caregivers, with the exception of mechanical ventilators,

which only a licensed respiratory care practitioner or other

authorized licensed personnel operating within the scope of his

or her scope of practice may deliver and set up. Demonstration

of the mechanical operation of a specific piece of equipment

includes demonstration of the on-off switches, emergency

buttons, and alarm silence and reset buttons, as appropriate.

In order for unlicensed or non-credentialed personnel to

deliver, set up, calibrate, and demonstrate a specific piece of

equipment as allowed in this subsection (a), the employer must

document that the employee has both received training and

demonstrated competency using the specific piece of equipment

under the supervision of a respiratory care practitioner

licensed by this State or some other licensed practitioner

operating within his or her scope of practice.

Equipment demonstration is not to be interpreted as

teaching, administration, or performance of respiratory care.

Unlicensed or non-credentialed individuals may not attach the

equipment to the patient or instruct the patient, family, or

caregiver on the use of the equipment beyond the mechanical

functions of the device.

(b) Patients, family, and caregivers must be taught to use

the equipment for the intended clinical application by a

licensed respiratory care practitioner or other licensed

health care professional operating within his or her scope of

practice. This instruction may occur through follow-up after

delivery, with an identical model in the health care facility

prior to discharge or with an identical model at the medical

supply office. Instructions to the patient regarding the

clinical use of equipment, patient monitoring, patient

assessment, or any other procedure used with the intent of

evaluating the effectiveness of the treatment must be performed

by a respiratory care practitioner licensed by this State or

any other licensed practitioner operating within his or her

scope of practice.

(225 ILCS 106/30)

(Section scheduled to be repealed on January 1, 2016)

Sec. 30. Powers and duties of the Department. Subject to

the provision of this Act, the Department may:

(a) Authorize examinations to ascertain the qualifications

and fitness of an applicant for licensure as a respiratory care

practitioner.

(b) Pass upon the qualifications of an applicant for

licensure by endorsement.

(c) Conduct hearings on proceedings to refuse to issue,

renew, or revoke a license or to suspend, place on probation,

or reprimand a license issued or applied for person licensed

under this Act.

(d) Formulate rules required for the administration of this

Act. Notice of proposed rulemaking shall be transmitted to the

Board, and the Department shall review the Board's response and

any recommendations made in the response.

(e) Solicit the advice and expert knowledge of the Board on

any matter relating to the administration and enforcement of

this Act.

(f) (Blank). Issue a quarterly report to the Board of the

status of all complaints related to licensed practitioners

received by the Department.

(g) Maintain a roster of the names and addresses of all

licenses and all persons whose licenses have been suspended,

revoked, or denied renewal for cause within the previous

calendar year. The roster shall be available upon written

request and payment of the required fee.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/35)

(Section scheduled to be repealed on January 1, 2016)

Sec. 35. Respiratory Care Board.

(a) The Secretary Director shall appoint a Respiratory Care

Board which shall serve in an advisory capacity to the

Secretary Director. The Board shall consist of 7 9 persons of

which 4 members shall be currently engaged in the practice of

respiratory care with a minimum of 3 years practice in the

State of Illinois, one member 3 members shall be a qualified

medical director directors, and 2 members shall be hospital

administrators.

(b) Members shall be appointed to a 4-year 3-year term;

except, initial appointees shall serve the following terms: 3

members shall serve for one year, 3 members shall serve for 2

years, and 3 members shall serve for 3 years. A member whose

term has expired shall continue to serve until his or her

successor is appointed and qualified. No member shall be

reappointed to the Board for a term that would cause his or her

continuous service on the Board to be longer than 10 8 years.

Appointments to fill vacancies shall be made in the same manner

as original appointments for the unexpired portion of the

vacated term. Initial terms shall begin upon the effective date

of this Act.

(c) The membership of the Board shall reasonably represent

all the geographic areas in this State. The Secretary Director

shall consider the recommendations of the organization

representing the largest number of respiratory care

practitioners for appointment of the respiratory care

practitioner members of the Board and the organization

representing the largest number of physicians licensed to

practice medicine in all its branches for the appointment of

the medical director directors to the Board board.

(d) The Secretary Director has the authority to remove any

member of the Board for cause at any time before the expiration

of his or her term. The Secretary shall be the sole arbiter of

cause. from office for neglect of any duty required by law, for

incompetence, or for unprofessional or dishonorable conduct.

(e) The Secretary Director shall consider the

recommendations of the Board on questions involving standards

of professional conduct, discipline, and qualifications of

candidates for licensure under this Act.

(f) The members of the Board shall be reimbursed for all

legitimate and necessary expenses incurred in attending

meetings of the Board.

(g) Four members of the Board shall constitute a quorum. A

vacancy in the membership of the Board shall not impair the

right of a quorum to exercise all of the rights and perform all

of the duties of the Board.

(h) Members of the Board shall be immune from suit in any

action based upon any disciplinary proceedings or other

activities performed as members of the Board, except for

willful and wanton misconduct.

(Source: P.A. 94-523, eff. 1-1-06.)

(225 ILCS 106/40)

(Section scheduled to be repealed on January 1, 2016)

Sec. 40. Application for original license. Applications

for original license shall be made to the Department on forms

prescribed by the Department and accompanied by the appropriate

documentation and the required fee, which is not refundable.

All applications shall contain information that, in the

judgment judgement of the Department, will enable the

Department to pass on the qualifications of the applicant for a

license as a respiratory care practitioner.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/45)

(Section scheduled to be repealed on January 1, 2016)

Sec. 45. Examination; failure or refusal to take

examination.

(a) The Department shall authorize examinations of

applicants as respiratory care practitioners at the times and

places as it may determine. The examination shall test an

applicant's the competence and qualifications of the applicant

to practice respiratory care.

(b) Applicants for examination shall pay, either to the

Department or to the designated testing service, a fee covering

the cost of providing the examination. Failure to appear for

the examination on the scheduled date, at the time and place

specified, after the application for examination has been

received and acknowledged by the Department or the designated

testing service shall result in the forfeiture of the

examination fee.

(c) If an applicant neglects, fails, or refuses to take an

examination, or fails to pass an examination for a license

under this Act within 3 years after filing an application, the

application shall be denied and the fee forfeited. However, the

applicant may thereafter submit a new application accompanied

by the required fee. The applicant shall meet the requirements

in force at the time of making the new application.

(d) The Department may employ consultants for the purpose

of preparing and conducting examinations.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/65)

(Section scheduled to be repealed on January 1, 2016)

Sec. 65. Licenses; renewal; restoration; inactive status.

(a) The expiration date and renewal period for each license

issued under this Act shall be set by rule. The licensee may

renew a license during the 30 day period preceding its

expiration date by paying the required fee and demonstrating

compliance with any continuing education requirements.

(b) A person who has permitted a license to expire or who

has a license on inactive status may have it restored by

submitting an application to the Department and filing proof of

fitness, as defined by rule, to have the license restored,

including, if appropriate, evidence that is satisfactory to the

Department certifying the active practice of respiratory care

in another jurisdiction and by paying the required fee.

A person practicing on an expired license is considered to

be practicing without a license.

(c) If the person has not maintained an active practice

that is satisfactory to the Department in another jurisdiction,

the Department shall determine the person's fitness to resume

active status. The Department may require the person to

complete a specified period of evaluated respiratory care and

may require successful completion of an examination.

(d) A person whose license expired while he or she was (1)

in federal service on active duty with the Armed Forces armed

forces of the United States or , while called into service or

training with the State Militia, or (2) while in training or

education under the supervision of the United States government

preliminary to before induction into the military service may

have his or her license restored without paying any lapsed

renewal fees a renewal fee if, within 2 years after the

termination of his or her service, training, or education,

except under conditions other than honorable, the Department is

furnished with satisfactory evidence that the person has been

so engaged and that the service, training, or education has

been terminated.

(e) A license to practice shall not be denied any applicant

because of the applicant's race, religion, creed, national

origin, political beliefs, or activities, age, sex, sexual

orientation, or physical impairment.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/80)

(Section scheduled to be repealed on January 1, 2016)

Sec. 80. Returned checks; fines. Any person who delivers a

check or other payment to the Department that is returned to

the Department unpaid by the financial institution upon which

it is drawn shall pay to the Department, in addition to the

amount already owed to the Department, a fine of $50. The fines

imposed by this Section are in addition to any other discipline

provided under this Act for unlicensed practice or practice on

a nonrenewed license. The Department shall notify the person

that payment of fees and fines shall be paid to the Department

by certified check or money order within 30 calendar days of

the notification. If, after the expiration of 30 days from the

date of the notification, the person has failed to submit the

necessary remittance, the Department shall automatically

terminate the license or certificate or deny the application,

without hearing. If, after termination or denial, the person

seeks a license or certificate, he or she shall apply to the

Department for restoration or issuance of the license or

certificate and pay all fees and fines due to the Department.

The Department may establish a fee for the processing of an

application for restoration of a license or certificate to pay

all expenses of processing this application. The Secretary

Director may waive the fines due under this Section in

individual cases where the Secretary Director finds that the

fines would be unreasonable or unnecessarily burdensome.

(Source: P.A. 92-146, eff. 1-1-02.)

(225 ILCS 106/95)

(Section scheduled to be repealed on January 1, 2016)

Sec. 95. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

considers appropriate, including the issuance of fines not to

exceed $10,000 $5,000 for each violation, with regard to any

license for any one or combination more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State or federal agency.

(2) Violations of this Act, or any of the its rules

adopted under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States or any

state or territory thereof: (i) that is a felony or (ii)

that is or a misdemeanor, an essential element of which is

dishonesty, or of any crime that is directly related to the

practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining a license.

(5) Professional incompetence or negligence in the

rendering of respiratory care services.

(6) Malpractice.

(7) Aiding or assisting another person in violating any

rules or provisions of this Act.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(10) Violating the rules of professional conduct

adopted by the Department.

(11) Discipline by another jurisdiction, if at least

one of the grounds for the discipline is the same or

substantially equivalent to those set forth in this Act.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually rendered.

Nothing in this paragraph (12) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding that the licensee, after having her or

his license placed on probationary status or subject to

conditions or restrictions, has violated the terms of

probation or failed to comply with such terms or conditions

A finding by the Department that the licensee, after having

the license placed on probationary status, has violated the

terms of the probation.

(14) Abandonment of a patient.

(15) Willfully filing false records or reports

relating to a licensee's practice including, but not

limited to, false records filed with a federal or State

agency or department.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(17) Providing respiratory care, other than pursuant

to an order.

(18) Physical or mental disability including, but not

limited to, deterioration through the aging process or loss

of motor skills that results in the inability to practice

the profession with reasonable judgment, skill, or safety.

(19) Solicitation of professional services by using

false or misleading advertising.

(20) Failure to file a tax return, or to pay the tax,

penalty, or interest shown in a filed return, or to pay any

final assessment of tax penalty, or interest, as required

by any tax Act administered by the Illinois Department of

Revenue or any successor agency or the Internal Revenue

Service or any successor agency.

(21) Irregularities in billing a third party for

services rendered or in reporting charges for services not

rendered.

(22) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act, and

upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(23) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in an inability to practice with reasonable

skill, judgment, or safety.

(24) Being named as a perpetrator in an indicated

report by the Department on Aging under the Adult

Protective Services Act, and upon proof by clear and

convincing evidence that the licensee has caused an adult

with disabilities or an older adult to be abused or

neglected as defined in the Adult Protective Services Act.

(25) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an adult with disabilities or an older

adult as required by the Adult Protective Services Act.

(26) Willful omission to file or record, or willfully

impeding the filing or recording, or inducing another

person to omit to file or record medical reports as

required by law or willfully failing to report an instance

of suspected child abuse or neglect as required by the

Abused and Neglected Child Reporting Act.

(27) Practicing under a false or assumed name, except

as provided by law.

(28) Willfully or negligently violating the

confidentiality between licensee and patient, except as

required by law.

(29) The use of any false, fraudulent, or deceptive

statement in any document connected with the licensee's

practice.

(b) The determination by a court that a licensee is subject

to involuntary admission or judicial admission as provided in

the Mental Health and Developmental Disabilities Code will

result in an automatic suspension of his or her license. The

suspension will end upon a finding by a court that the licensee

is no longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and discharging

the patient, and the recommendation of the Board to the

Secretary Director that the licensee be allowed to resume his

or her practice.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(Source: P.A. 98-49, eff. 7-1-13.)

(225 ILCS 106/100)

(Section scheduled to be repealed on January 1, 2016)

Sec. 100. Violations; injunctions; cease and desist order.

(a) If a person violates any provision of this Act, the

Secretary Director may, in the name of the People of the State

of Illinois, through the Attorney General, petition for an

order enjoining the violation or an order enforcing compliance

with this Act. Upon the filling of a verified petition, the

court with appropriate jurisdiction may issue a temporary

restraining order without notice or bond and may preliminarily

and permanently enjoin the violation. If it is established that

the person has violated or is violating the injunction, the

court may punish the offender for contempt of court.

Proceedings under this Section are in addition to all other

remedies and penalties provided by this Act.

(b) If a person holds himself or herself out as being a

respiratory care practitioner under this Act and is not

licensed to do so, then any licensed respiratory care

practitioner, interested party, or injured person may petition

for relief as provided in subsection (a) of this Section.

(c) Whenever, in the opinion of the Department, a person

violates any provision of this Act, the Department may issue a

rule to show cause why an order to cease and desist should not

be entered against that person. The rule shall clearly set

forth the grounds relied upon by the Department and shall allow

at least 7 days from the date of the rule to file an answer

satisfactory to the Department. Failure to answer to the

satisfaction of the Department shall cause an order to cease

and desist to be issued.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/105)

(Section scheduled to be repealed on January 1, 2016)

Sec. 105. Investigations; notice; hearing. The Department

may investigate the actions of an applicant, a licensee, or a

person claiming to hold a license. The Department shall, before

revoking, suspending, placing on probation, reprimanding, or

taking any other disciplinary action under Section 95 of this

Act, at least 30 days before the date set for the hearing (i)

notify the accused, in writing, of any charges made and the

time and place for the hearing on the charges, (ii) direct him

or her to file a written answer to the charges with the Board

under oath within 20 days after the service upon him or her of

the notice, and (iii) inform the accused that, if he or she

fails to answer, default will be taken against him or her and

or his or her license or certificate may be suspended, revoked,

placed on probationary status, or other disciplinary action

taken with regard to the license, including limiting the scope,

nature, or extent of his or her practice, without a hearing, as

the Department may consider proper. In case the person, after

receiving notice, fails to file an answer, his or her license

may, in the discretion of the Department, be suspended,

revoked, placed on probationary status, or the Department may

take whatever disciplinary action is considered proper,

including, limiting the scope, nature, or extent of the

person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for an action under this Act. The written notice may be

served by personal delivery or certified mail to the address of

record specified by the accused in his or her last notification

to the Department.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/110)

(Section scheduled to be repealed on January 1, 2016)

Sec. 110. Record of proceedings; transcript. The

Department, at its expense, shall preserve the record of all

proceedings at a formal hearing of any case. The notice of

hearing, complaint, all other documents in the nature of

pleadings and written motions filed in the proceedings, the

transcript of testimony, the report of the Board and orders of

the Department shall be in the record of the proceedings. The

Department shall furnish a transcript of the record to any

person interested in the hearing upon payment of the fee

required under Section 2105-115 of the Department of

Professional Regulation Law (20 ILCS 2105/2105-115).

(Source: P.A. 91-239, eff. 1-1-00.)

(225 ILCS 106/115)

(Section scheduled to be repealed on January 1, 2016)

Sec. 115. Subpoena; depositions; oaths. The Department has

the power to subpoena and to bring before it any person,

exhibit, book, document, record, file, or any other material

and to take testimony either orally or by deposition, or both,

with the same fees and mileage and in the same manner as

proscribed in civil cases in the courts of this State.

The Secretary Director, the designated hearing officer,

and every member of the Board has the power to administer oaths

to witnesses at any hearing which the Department is authorized

to conduct, and any other oaths authorized in any Act

administered by the Department.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/125)

(Section scheduled to be repealed on January 1, 2016)

Sec. 125. Findings and recommendations. At the conclusion

of the hearing, the Board shall present to the Secretary

Director a written report of its findings of fact, conclusions

of law, and recommendations. The report shall contain a finding

of whether the licensee violated this Act or failed to comply

with the conditions required in this Act. The Board shall

specify the nature of the violation or failure to comply, and

shall make its recommendations to the Secretary Director.

The report of findings of fact, conclusions of law, and

recommendations of the Board shall be the basis for the

Department's order for refusal or for the granting of a license

or for any other disciplinary action. If the Secretary Director

disagrees with the recommendation of the Board, the Secretary

Director may issue an order in contravention of the Board's

recommendation. The Secretary Director shall provide a written

report to the Board on any disagreement and shall specify the

reasons for the action in the final order. The report of

findings of fact is not admissible in evidence against the

person in a criminal prosecution brought for violation of this

Act, but the hearing and findings of fact are not a bar to a

criminal prosecution brought for the violation of this Act.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/130)

(Section scheduled to be repealed on January 1, 2016)

Sec. 130. Board; rehearing. In any case involving the

refusal to issue or renew a registration, or the discipline of

a registrant, a copy of the Board's report shall be served upon

the respondent by the Department, either personally or as

provided in this Act for the service of the notice of hearing.

Within 20 calendar days after service of the notice, the

respondent may present to the Department a motion in writing

for a rehearing. The motion shall specify the particular

grounds for rehearing. If no motion for rehearing is filed,

then upon the expiration of the time specified for filing a

motion (or, if a motion for rehearing is denied, then upon

denial) the Secretary Director may enter an order in accordance

with recommendation of the Board, except as provided in Section

135 45. If the respondent orders from the reporting service,

and pays for a transcript of the record within the time for

filing a motion for rehearing, the 20 calendar day period

within which a motion may be filed shall commence upon the

delivery of the transcript to the respondent.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/135)

(Section scheduled to be repealed on January 1, 2016)

Sec. 135. Secretary Director; rehearing. Whenever the

Secretary Director believes that substantial justice has not

been done in the revocation, suspension, refusal to issue or

renew a license, or any other the discipline of an applicant or

a licensee, he or she may order a rehearing by the same or

other hearing officers.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/140)

(Section scheduled to be repealed on January 1, 2016)

Sec. 140. Appointment of a hearing officer. The Secretary

Director has the authority to appoint an attorney, licensed to

practice law in the State of Illinois, to serve as a hearing

officer in any action for refusal to issue or renew a license

or to discipline a licensee. The hearing officer has full

authority to conduct the hearing. A At least one member or

members of the Board may shall attend hearings each hearing.

The hearing officer shall report his or her findings of fact,

conclusions of law, and recommendations to the Board and to the

Secretary Director. The Board shall have 60 calendar days from

receipt of the report to review it and to present its findings

of fact, conclusions of law, and recommendations to the

Secretary Director. If the Board does not present its report

within the 60 day period, the Secretary Director may issue an

order based on the report of the hearing officer. If the

Secretary Director disagrees with the recommendation of the

Board or the hearing officer, the Secretary Director may issue

an order in contravention of the recommendation.

The Secretary Director shall promptly provide notice a

written explanation to the Board of on any such disagreement.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/145)

(Section scheduled to be repealed on January 1, 2016)

Sec. 145. Order or certified copy; prima facie proof. An

order or a certified copy thereof, over the seal of the

Department and purporting to be signed by the Secretary

Director, is prima facie proof that:

(1) the signature is the genuine signature of the Secretary

Director;

(2) the Secretary Director is duly appointed and qualified;

and

(3) the Board and its the members thereof are qualified to

act.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/150)

(Section scheduled to be repealed on January 1, 2016)

Sec. 150. Restoration of suspended or revoked license. At

any time after the successful completion of a term of

probation, suspension or revocation of any license, the

Department may restore the license to the licensee upon the

written recommendation of the Board, unless after an

investigation and hearing the Board determines that

restoration is not in the public interest.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/160)

(Section scheduled to be repealed on January 1, 2016)

Sec. 160. Summary suspension of license. The Secretary

Director may summarily suspend the license of a respiratory

care practitioner without a hearing, simultaneously with the

institution of proceedings for a hearing provided for in

Section 105 of this Act, if the Secretary Director finds that

evidence in his or her possession indicates that the

continuation of practice by the respiratory care practitioner

would constitute an imminent danger to the public. In the event

that the Secretary Director summarily suspends the license of

respiratory care practitioner an individual without a hearing,

a hearing must be commenced held within 30 calendar days after

the suspension has occurred and concluded as expeditiously as

practical.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/170)

(Section scheduled to be repealed on January 1, 2016)

Sec. 170. Administrative review; certification

Certification of record; costs.

All final administrative decisions of the Department are

subject to judicial review pursuant to the Administrative

Review Law and its rules. The term "administrative decision" is

defined as in Section 3-101 of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the

circuit court of the county in which the party applying for

review resides, but if the party is not a resident of this

State, the venue shall be in Sangamon County.

The Department shall not be required to certify any record

to the court, or file an answer in court, or otherwise appear

in any court in a judicial review proceeding, unless and until

the Department has received from the plaintiff payment of the

costs of furnishing and certifying the record, which costs

shall be determined by the Department there is filed in the

court, with the complaint, a receipt from the Department

acknowledging payment of the costs of furnishing and certifying

the record. Exhibits shall be certified without cost. Failure

on the part of the plaintiff to file a receipt is grounds for

dismissal of the action. During the pendency and hearing of any

and all judicial proceedings incident to the disciplinary

action, the sanctions imposed upon the accused by the

Department specified in the Department's final administrative

decision shall, as a matter of public policy, remain in full

force and effect in order to protect the public pending final

resolution of any of the proceedings.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/180)

(Section scheduled to be repealed on January 1, 2016)

Sec. 180. Illinois Administrative Procedure Act;

application. The Illinois Administrative Procedure Act is

hereby expressly adopted and incorporated in this Act as if all

of the provisions of the Act were included in this Act, except

that the provision of paragraph (d) of Section 10-65 of the

Illinois Administrative Procedure Act, which provides that at

hearings the registrant or licensee has the right to show

compliance with all lawful requirements for retention or

continuation or renewal of the license, is specifically

excluded. For the purpose of this Act, the notice required

under Section 10-25 of the Illinois Administrative Procedure

Act is considered sufficient when mailed to address of record

of the licensee or applicant.

(Source: P.A. 89-33, eff. 1-1-96.)

(225 ILCS 106/190 new)

Sec. 190. Consent order. At any point in the proceedings as

provided in Sections 90 through 105 and Section 125, both

parties may agree to a negotiated consent order. The consent

order shall be final upon signature of the Secretary.

(225 ILCS 106/195 new)

Sec. 195. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department shall not disclose the

information to anyone other than law enforcement officials,

regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

Section 99. Effective date. This Act takes effect upon

becoming law.