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92_HB4873eng
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1 AN ACT concerning the regulation of professions.
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
5 changing Sections 4.13 and 4.17 as follows:
6 (5 ILCS 80/4.13) (from Ch. 127, par. 1904.13)
7 Sec. 4.13. Acts repealed on December 31, 2002. The
8 following Acts are repealed on December 31, 2002:
9 The Environmental Health Practitioner Licensing Act.
10 The Naprapathic Practice Act.
11 The Wholesale Drug Distribution Licensing Act.
12 The Dietetic and Nutrition Services Practice Act.
13 The Funeral Directors and Embalmers Licensing Code.
14 The Professional Counselor and Clinical Professional
15 Counselor Licensing Act.
16 (Source: P.A. 88-45; 89-61, eff. 6-30-95; revised 8-22-01.)
17 (5 ILCS 80/4.17)
18 Sec. 4.17. Acts repealed on January 1, 2007. The
19 following are repealed on January 1, 2007:
20 The Boiler and Pressure Vessel Repairer Regulation
21 Act.
22 The Structural Pest Control Act.
23 Articles II, III, IV, V, V 1/2, VI, VIIA, VIIB,
24 VIIC, XVII, XXXI, XXXI 1/4, and XXXI 3/4 of the Illinois
25 Insurance Code.
26 The Clinical Psychologist Licensing Act.
27 The Illinois Optometric Practice Act of 1987.
28 The Medical Practice Act of 1987.
29 The Environmental Health Practitioner Licensing Act.
30 (Source: P.A. 89-467, eff. 1-1-97; 89-484, eff. 6-21-96;
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1 89-594, eff. 8-1-96; 89-702, eff. 7-1-97.)
2 Section 10. The Environmental Health Practitioner
3 Licensing Act is amended by changing Sections 15, 26, and 35
4 and adding Section 56 as follows:
5 (225 ILCS 37/15)
6 (Section scheduled to be repealed on December 31, 2002)
7 Sec. 15. License requirement.
8 (a) It shall be unlawful for any person to engage in an
9 environmental health practice after the effective date of
10 this amendatory Act of the 92nd General Assembly December 31,
11 1996 unless the person is licensed by the Department as an
12 environmental health practitioner or an environmental health
13 practitioner in training.
14 (b) It is the responsibility of an individual required
15 to be licensed under this Act to obtain a license and to pay
16 all necessary fees, not the responsibility of his or her
17 employer.
18 (Source: P.A. 89-61, eff. 6-30-95.)
19 (225 ILCS 37/26)
20 (Section scheduled to be repealed on December 31, 2002)
21 Sec. 26. Examination for registration as an
22 environmental health practitioner.
23 (a) Beginning June 30, 1995, only persons who meet the
24 educational and experience requirements of Section 20 and who
25 pass the examination authorized by the Department shall be
26 licensed. Persons who meet the requirements of subsection
27 (b) of Section 21 or Section 30 shall not be required to take
28 and pass the examination.
29 (b) Applicants for examination as environmental health
30 practitioners shall be required to pay, either to the
31 Department or the designated testing service, a fee covering
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1 the cost of providing the examination.
2 (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97;
3 90-14, eff. 7-1-97.)
4 (225 ILCS 37/35)
5 (Section scheduled to be repealed on December 31, 2002)
6 Sec. 35. Grounds for discipline.
7 (a) The Department may refuse to issue or renew, or may
8 revoke, suspend, place on probation, reprimand, or take other
9 disciplinary action with regard to any license issued under
10 this Act as the Department may consider proper, including the
11 imposition of fines not to exceed $5,000 for each violation,
12 for any one or combination of the following causes:
13 (1) Material misstatement in furnishing information
14 to the Department.
15 (2) Violations of this Act or its rules.
16 (3) Conviction of any felony under the laws of any
17 U.S. jurisdiction, any misdemeanor an essential element
18 of which is dishonesty, or any crime that is directly
19 related to the practice of the profession.
20 (4) Making any misrepresentation for the purpose of
21 obtaining a certificate of registration.
22 (5) Professional incompetence.
23 (6) Aiding or assisting another person in violating
24 any provision of this Act or its rules.
25 (7) Failing to provide information within 60 days
26 in response to a written request made by the Department.
27 (8) Engaging in dishonorable, unethical, or
28 unprofessional conduct of a character likely to deceive,
29 defraud, or harm the public as defined by rules of the
30 Department.
31 (9) Habitual or excessive use or addiction to
32 alcohol, narcotics, stimulants, or any other chemical
33 agent or drug that results in an environmental health
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1 practitioner's inability to practice with reasonable
2 judgment, skill, or safety.
3 (10) Discipline by another U.S. jurisdiction or
4 foreign nation, if at least one of the grounds for a
5 discipline is the same or substantially equivalent to
6 those set forth in this Act.
7 (11) A finding by the Department that the
8 registrant, after having his or her license placed on
9 probationary status, has violated the terms of probation.
10 (12) Willfully making or filing false records or
11 reports in his or her practice, including, but not
12 limited to, false records filed with State agencies or
13 departments.
14 (13) Physical illness, including, but not limited
15 to, deterioration through the aging process or loss of
16 motor skills that result in the inability to practice the
17 profession with reasonable judgment, skill, or safety.
18 (14) Failure to comply with rules promulgated by
19 the Illinois Department of Public Health or other State
20 agencies related to the practice of environmental health.
21 (15) The Department shall deny any application for
22 a license or renewal of a license under this Act, without
23 hearing, to a person who has defaulted on an educational
24 loan guaranteed by the Illinois Student Assistance
25 Commission; however, the Department may issue a license
26 or renewal of a license if the person in default has
27 established a satisfactory repayment record as determined
28 by the Illinois Student Assistance Commission.
29 (16) Solicitation of professional services by using
30 false or misleading advertising.
31 (17) A finding that the license has been applied
32 for or obtained by fraudulent means.
33 (18) Practicing or attempting to practice under a
34 name other than the full name as shown on the license or
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1 any other legally authorized name.
2 (19) Gross overcharging for professional services
3 including filing statements for collection of fees or
4 moneys for which services are not rendered.
5 (b) The Department may refuse to issue or may suspend
6 the license of any person who fails to (i) file a return,
7 (ii) pay the tax, penalty, or interest shown in a filed
8 return; or (iii) pay any final assessment of the tax,
9 penalty, or interest as required by any tax Act administered
10 by the Illinois Department of Revenue until the requirements
11 of the tax Act are satisfied.
12 (c) The determination by a circuit court that a licensee
13 is subject to involuntary admission or judicial admission to
14 a mental health facility as provided in the Mental Health and
15 Developmental Disabilities Code operates as an automatic
16 suspension. The suspension may end only upon a finding by a
17 court that the licensee is no longer subject to involuntary
18 admission or judicial admission, the issuance of an order so
19 finding and discharging the patient, and the recommendation
20 of the Board to the Director that the licensee be allowed to
21 resume practice.
22 (d) In enforcing this Section, the Department, upon a
23 showing of a possible violation, may compel any person
24 licensed to practice under this Act or who has applied for
25 licensure or certification pursuant to this Act to submit to
26 a mental or physical examination, or both, as required by and
27 at the expense of the Department. The examining physicians
28 shall be those specifically designated by the Department. The
29 Department may order the examining physician to present
30 testimony concerning this mental or physical examination of
31 the licensee or applicant. No information shall be excluded
32 by reason of any common law or statutory privilege relating
33 to communications between the licensee or applicant and the
34 examining physician. The person to be examined may have, at
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1 his or her own expense, another physician of his or her
2 choice present during all aspects of the examination. Failure
3 of any person to submit to a mental or physical examination,
4 when directed, shall be grounds for suspension of a license
5 until the person submits to the examination if the Department
6 finds, after notice and hearing, that the refusal to submit
7 to the examination was without reasonable cause.
8 If the Department finds an individual unable to practice
9 because of the reasons set forth in this Section, the
10 Department may require that individual to submit to care,
11 counseling, or treatment by physicians approved or designated
12 by the Department, as a condition, term, or restriction for
13 continued, reinstated, or renewed licensure to practice or,
14 in lieu of care, counseling, or treatment, the Department may
15 file a complaint to immediately suspend, revoke, or otherwise
16 discipline the license of the individual.
17 Any person whose license was granted, continued,
18 reinstated, renewed, disciplined, or supervised subject to
19 such terms, conditions, or restrictions and who fails to
20 comply with such terms, conditions, or restrictions shall be
21 referred to the Director for a determination as to whether
22 the person shall have his or her license suspended
23 immediately, pending a hearing by the Department.
24 In instances in which the Director immediately suspends a
25 person's license under this Section, a hearing on that
26 person's license must be convened by the Department within 15
27 days after the suspension and completed without appreciable
28 delay. The Department shall have the authority to review the
29 subject person's record of treatment and counseling regarding
30 the impairment, to the extent permitted by applicable federal
31 statutes and regulations safeguarding the confidentiality of
32 medical records.
33 A person licensed under this Act and affected under this
34 Section shall be afforded an opportunity to demonstrate to
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1 the Department that he or she can resume practice in
2 compliance with acceptable and prevailing standards under the
3 provisions of his or her license.
4 (Source: P.A. 89-61, eff. 6-30-95.)
5 (225 ILCS 37/56 new)
6 Sec. 56. Unlicensed practice; violation; civil penalty.
7 (a) Any person who practices, offers to practice,
8 attempts to practice, or holds himself or herself out to
9 practice environmental health without being licensed under
10 this Act shall, in addition to any other penalty provided by
11 law, pay a civil penalty to the Department in an amount not
12 to exceed $5,000 for each offense as determined by the
13 Department. The civil penalty shall be assessed by the
14 Department after a hearing is held in accordance with the
15 provisions set forth in this Act regarding the provision of a
16 hearing for the discipline of a licensee.
17 (b) The Department has the authority and power to
18 investigate any and all unlicensed activity.
19 (c) The civil penalty shall be paid within 60 days after
20 the effective date of the order imposing the civil penalty.
21 The order shall constitute a judgment and may be filed and
22 execution had thereon in the same manner as any judgment from
23 any court of record.
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.
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