SUNSET-ORTHOTICS PROSTHETICS House SponsorsRep. Dan Reitz-Angelo Saviano Senate Sponsors(Sen. Iris Y. Martinez and Pamela J. Althoff) 8/25/2009HousePublic Act . . . . . . . . . 96-0682 5 ILCS 80/4.205 ILCS 80/4.30 new Amends the Regulatory Sunset Act. Extends the repeal date for the Orthotics, Prosthetics, and Pedorthics Practice Act from January 1, 2010 to January 1, 2020. Effective immediately.Senate Floor Amendment No. 2 Adds reference to:5 ILCS 80/4.205 ILCS 80/4.30 new225 ILCS 84/5225 ILCS 84/10225 ILCS 84/15225 ILCS 84/20225 ILCS 84/25225 ILCS 84/40225 ILCS 84/55225 ILCS 84/57225 ILCS 84/60225 ILCS 84/70225 ILCS 84/77 new225 ILCS 84/80225 ILCS 84/85225 ILCS 84/90225 ILCS 84/95225 ILCS 84/100225 ILCS 84/103 new225 ILCS 84/105225 ILCS 84/107 new225 ILCS 84/110225 ILCS 84/115225 ILCS 84/120225 ILCS 84/125225 ILCS 84/130225 ILCS 84/135225 ILCS 84/150225 ILCS 84/160225 ILCS 125/10225 ILCS 125/15225 ILCS 125/25225 ILCS 125/45225 ILCS 125/60225 ILCS 125/70225 ILCS 125/75 new225 ILCS 125/90225 ILCS 125/93 new225 ILCS 125/95225 ILCS 125/100225 ILCS 125/105225 ILCS 125/115225 ILCS 125/120225 ILCS 125/135 new225 ILCS 125/140225 ILCS 125/142 new225 ILCS 125/145225 ILCS 125/150225 ILCS 125/155 new225 ILCS 125/170225 ILCS 125/180225 ILCS 125/185225 ILCS 125/200225 ILCS 125/212 new225 ILCS 125/220225 ILCS 125/227 new225 ILCS 125/230225 ILCS 84/56 rep.225 ILCS 84/65 rep.225 ILCS 125/20 rep.225 ILCS 125/42 rep.225 ILCS 125/110 rep.225 ILCS 125/130 rep.225 ILCS 125/160 rep.225 ILCS 125/175 rep.225 ILCS 125/205 rep.Deletes everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date for the Orthotics, Prosthetics, and Pedorthics Practice Act and the Perfusionist Practice Act from January 1, 2010 to January 1, 2020. Amends the Orthotics, Prosthetics, and Pedorthics Practice Act. Replaces all references to "Director" with "Secretary". Provides that the Act shall not be construed to prohibit an advanced practice nurse licensed in the State from engaging in his or her profession. Provides that the Department of Financial and Professional Regulation shall adopt rules to administer and enforce the Act. In a provision concerning the Board of Orthotics, Prosthetics, and Pedorthics, provides that 4 Board members shall constitute a quorum and that a quorum is required for all Board decisions. Provides certain additional requirements to qualify for a license to practice pedorthics. In a provision concerning the limitation on provision of care and services, provides that a licensed orthotist, prosthetist, or pedorthist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician, podiatrist, or an advanced practice nurse or physician assistant who meets certain requirements. Provides for the placement of a license on an inactive status. Provides new provisions concerning returned checks and fines. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Provides that the Department shall deny a license or renewal to a person that has defaulted on an education loan or scholarship provided or guaranteed by the State. Provides that the Department may suspend or revoke a license, or deny a license or renewal, or take any other disciplinary action against a person who is more than 30 days delinquent in the payment of child support if the Department of Healthcare and Family Services has certified the delinquency to the Department. Provides that the Department may take disciplinary action against any person that commits certain tax violations. Provides that before taking any other disciplinary action with respect to a license, the Department shall, at least 30 days prior to the date set for the hearing, notify in writing the applicant or licensee of the nature of the charges and that a hearing will be held on the date designated. Provides that a provision concerning injunctions and cease and desist orders shall also apply to any company or corporation (in addition to any person). Provides that an injunction may be sought through the States Attorney of the county in which the violation is alleged to have occurred and that an injured person may, in addition to the Secretary, petition for relief. Provides the Department with certain investigative and subpoena powers. In a provision concerning unlicensed practice, provides for a civil penalty in an amount not to exceed $10,000 for each offense as determined by the Department. Makes changes to the definition of "assistant", "orthotist", "pedorthic device", "pedorthic education program", "pedorthist", "prosthetist", and "prosthetist/orthotist". Defines "accredited facility", "address of record", "custom fabricated device", "custom fitted device", "off-the-shelf device", "residency", and "Secretary". Makes other changes. Amends the Perfusionist Practice Act. Replaces all references to "Director" with "Secretary". Provides that 3 Board members (instead of a majority) constitutes a quorum and that a quorum is required for all Board decisions. Exempts a new graduate who performs perfusion services for a period of 14 months after he or she graduates from an accredited perfusion education program so long as the graduate is under the direct supervision of a licensed perfusionist or a physician licensed to practice medicine in all its branches. Provides that the Department may adopt rules to require that licensees receive 30 hours of continuing education per 2 year license renewal cycle. Changes provisions concerning the refusal, suspension, and revocation of licenses by the Secretary. Provides that the Department shall automatically terminate a license or deny an application if a fee or fine remains unpaid by the licensee or applicant 30 days after giving notice to the licensee or applicant of a returned check. Provides that the Department or Board may order a licensee or applicant to submit to a mental or physical examination, or both, for certain violations of the Act. Provides that the Secretary may, through the Attorney General or the State's Attorney of the county in which a violation is alleged to have occurred, petition for an order enjoining a violation or for an order enforcing compliance with this Act. Provides that any circuit court, upon application of the Department or designated hearing officer, may enter an order requiring the attendance of witnesses and their testimony, and certain other documents in connection with any hearing or investigation under the Act. Provides that whenever the Secretary believes that substantial justice has not been done in the revocation or suspension of a license, or refusal to issue or renew a license, or other discipline of an applicant or licensee, the Secretary may order a rehearing by the same or another examiner. Provides that any person who violates any provision of the Act shall be guilty of a Class A misdemeanor for a first offense and a Class 4 felony for each subsequent offense. Defines "address of record". Makes other changes. Effective immediately. 2/19/2009HouseFiled with the Clerk by Rep. Dan Reitz 2/19/2009HouseChief Co-Sponsor Rep. Angelo Saviano 2/19/2009HouseFirst Reading 2/19/2009HouseReferred to Rules Committee 2/23/2009HouseAssigned to Health Care Licenses Committee 3/11/2009HouseDo Pass / Short Debate Health Care Licenses Committee; 009-000-000 3/11/2009HousePlaced on Calendar 2nd Reading - Short Debate 3/23/2009HouseSecond Reading - Short Debate 3/23/2009HouseHeld on Calendar Order of Second Reading - Short Debate 3/31/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 4/1/2009HouseThird Reading - Short Debate - Passed 116-000-000 4/2/2009SenateArrive in Senate 4/2/2009SenatePlaced on Calendar Order of First Reading 4/6/2009SenateChief Senate Sponsor Sen. Iris Y. Martinez 4/15/2009SenateFirst Reading 4/15/2009SenateReferred to Assignments 4/22/2009SenateAssigned to Licensed Activities 4/30/2009SenateHeld in Licensed Activities 5/7/2009SenateDo Pass Licensed Activities; 007-000-000 5/7/2009SenatePlaced on Calendar Order of 2nd Reading May 12, 2009 5/7/2009SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff 5/11/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez 5/11/2009SenateSenate Floor Amendment No. 1 Referred to Assignments 5/12/2009SenateSecond Reading 5/12/2009SenatePlaced on Calendar Order of 3rd Reading May 13, 2009 5/13/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Licensed Activities 5/13/2009SenateSenate Floor Amendment No. 1 Held in Licensed Activities 5/17/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Iris Y. Martinez 5/17/2009SenateSenate Floor Amendment No. 2 Referred to Assignments 5/18/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Licensed Activities 5/18/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 007-000-000 5/21/2009SenateRecalled to Second Reading 5/21/2009SenateSenate Floor Amendment No. 2 Adopted; Martinez 5/21/2009SenatePlaced on Calendar Order of 3rd Reading 5/21/2009SenateThird Reading - Passed; 059-000-000 5/21/2009SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 5/21/2009HouseArrived in House 5/21/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2 5/21/2009HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Dan Reitz 5/21/2009HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee 5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Rules Committee 5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Health Care Licenses Committee 5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Health Care Licenses Committee; 008-000-000 5/28/2009HouseSenate Floor Amendment No. 2 House Concurs 118-000-000 5/28/2009HousePassed Both Houses 6/26/2009HouseSent to the Governor 8/25/2009HouseGovernor Approved 8/25/2009HouseEffective Date August 25, 2009 8/25/2009HousePublic Act . . . . . . . . . 96-0682