SB0973 Engrossed LRB099 05440 RPS 25475 b
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 4.26 and by adding Section 4.36 as follows:
6		(5 ILCS 80/4.26)
7		Sec. 4.26. Acts repealed on January 1, 2016. The following
8		Acts are repealed on January 1, 2016:
9		The Illinois Athletic Trainers Practice Act.
10		The Illinois Roofing Industry Licensing Act.
11		The Illinois Dental Practice Act.
12		The Collection Agency Act.
13		The Barber, Cosmetology, Esthetics, Hair Braiding, and
14		Nail Technology Act of 1985.
15		The Respiratory Care Practice Act.
16		The Hearing Instrument Consumer Protection Act.
17		The Illinois Physical Therapy Act.
18		The Professional Geologist Licensing Act.
19		(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;
20		96-1246, eff. 1-1-11.)
21		(5 ILCS 80/4.36 new)
22		Sec. 4.36. Act repealed on January 1, 2026. The following

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1		Act is repealed on January 1, 2026:
2		The Respiratory Care Practice Act.
3		Section 10. The Respiratory Care Practice Act is amended by
4		changing Sections 10, 15, 20, 30, 35, 40, 45, 65, 80, 95, 100,
5		105, 110, 115, 125, 130, 135, 140, 145, 150, 160, 170, and 180
6		and by adding Sections 22, 190, and 195 as follows:
7		(225 ILCS 106/10)
8		(Section scheduled to be repealed on January 1, 2016)
9		Sec. 10. Definitions. In this Act:
10		"Address of record" means the designated address recorded
11		by the Department in the applicant's or licensee's application
12		file or license file as maintained by the Department's
13		licensure maintenance unit. It is the duty of the applicant or
14		licensee to inform the Department of any change of address and
15		those changes must be made either through the Department's
16		website or by contacting the Department.
17		"Advanced practice nurse" means an advanced practice nurse
18		licensed under the Nurse Practice Act.
19		"Board" means the Respiratory Care Board appointed by the
20		Secretary Director.
21		"Basic respiratory care activities" means and includes all
22		of the following activities:
23		(1) Cleaning, disinfecting, and sterilizing equipment
24		used in the practice of respiratory care as delegated by a

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1		licensed health care professional or other authorized
2		licensed personnel.
3		(2) Assembling equipment used in the practice of
4		respiratory care as delegated by a licensed health care
5		professional or other authorized licensed personnel.
6		(3) Collecting and reviewing patient data through
7		non-invasive means, provided that the collection and
8		review does not include the individual's interpretation of
9		the clinical significance of the data. Collecting and
10		reviewing patient data includes the performance of pulse
11		oximetry and non-invasive monitoring procedures in order
12		to obtain vital signs and notification to licensed health
13		care professionals and other authorized licensed personnel
14		in a timely manner.
15		(4) Maintaining a nasal cannula or face mask for oxygen
16		therapy in the proper position on the patient's face.
17		(5) Assembling a nasal cannula or face mask for oxygen
18		therapy at patient bedside in preparation for use.
19		(6) Maintaining a patient's natural airway by
20		physically manipulating the jaw and neck, suctioning the
21		oral cavity, or suctioning the mouth or nose with a bulb
22		syringe.
23		(7) Performing assisted ventilation during emergency
24		resuscitation using a manual resuscitator.
25		(8) Using a manual resuscitator at the direction of a
26		licensed health care professional or other authorized

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1		licensed personnel who is present and performing routine
2		airway suctioning. These activities do not include care of
3		a patient's artificial airway or the adjustment of
4		mechanical ventilator settings while a patient is
5		connected to the ventilator.
6		"Basic respiratory care activities" does not mean activities
7		that involve any of the following:
8		(1) Specialized knowledge that results from a course of
9		education or training in respiratory care.
10		(2) An unreasonable risk of a negative outcome for the
11		patient.
12		(3) The assessment or making of a decision concerning
13		patient care.
14		(4) The administration of aerosol medication or
15		medical gas oxygen.
16		(5) The insertion and maintenance of an artificial
17		airway.
18		(6) Mechanical ventilatory support.
19		(7) Patient assessment.
20		(8) Patient education.
21		(9) The transferring of oxygen devices, for purposes of
22		patient transport, with a liter flow greater than 6 liters
23		per minute, and the transferring of oxygen devices at any
24		liter flow being delivered to patients less than 12 years
25		of age.
26		"Department" means the Department of Financial and

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1		Professional Regulation.
2		"Director" means the Director of Professional Regulation.
3		"Licensed" means that which is required to hold oneself out
4		as a respiratory care practitioner as defined in this Act.
5		"Licensed health care professional" means a physician
6		licensed to practice medicine in all its branches, a certified
7		registered nurse anesthetist, an advanced practice nurse who
8		has a written collaborative agreement with a collaborating
9		physician that authorizes the advanced practice nurse to
10		transmit orders to a respiratory care practitioner, or a
11		physician assistant who has been delegated the authority to
12		transmit orders to a respiratory care practitioner by his or
13		her supervising physician.
14		"Order" means a written, oral, or telecommunicated
15		authorization for respiratory care services for a patient by
16		(i) a licensed health care professional who maintains medical
17		supervision of the patient and makes a diagnosis or verifies
18		that the patient's condition is such that it may be treated by
19		a respiratory care practitioner or (ii) a certified registered
20		nurse anesthetist in a licensed hospital or ambulatory surgical
21		treatment center.
22		"Other authorized licensed personnel" means a licensed
23		respiratory care practitioner, a licensed registered nurse, or
24		a licensed practical nurse whose scope of practice authorizes
25		the professional to supervise an individual who is not
26		licensed, certified, or registered as a health professional.

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1		"Proximate supervision" means a situation in which an
2		individual is responsible for directing the actions of another
3		individual in the facility and is physically close enough to be
4		readily available, if needed, by the supervised individual.
5		"Respiratory care" and "cardiorespiratory care" mean
6		preventative services, evaluation and assessment services,
7		therapeutic services, cardiopulmonary disease management, and
8		rehabilitative services under the order of a licensed health
9		care professional or a certified registered nurse anesthetist
10		in a licensed hospital for an individual with a disorder,
11		disease, or abnormality of the cardiopulmonary system. These
12		terms include, but are not limited to, measuring, observing,
13		assessing, and monitoring signs and symptoms, reactions,
14		general behavior, and general physical response of individuals
15		to respiratory care services, including the determination of
16		whether those signs, symptoms, reactions, behaviors, or
17		general physical responses exhibit abnormal characteristics;
18		the administration of pharmacological and therapeutic agents
19		and procedures related to respiratory care services; the
20		collection of blood specimens and other bodily fluids and
21		tissues for, and the performance of, cardiopulmonary
22		diagnostic testing procedures, including, but not limited to,
23		blood gas analysis; development, implementation, and
24		modification of respiratory care treatment plans based on
25		assessed abnormalities of the cardiopulmonary system,
26		respiratory care guidelines, referrals, and orders of a

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1		licensed health care professional; application, operation, and
2		management of mechanical ventilatory support and other means of
3		life support, including, but not limited to, hemodynamic
4		cardiovascular support; and the initiation of emergency
5		procedures under the rules promulgated by the Department. A
6		respiratory care practitioner shall refer to a physician
7		licensed to practice medicine in all its branches any patient
8		whose condition, at the time of evaluation or treatment, is
9		determined to be beyond the scope of practice of the
10		respiratory care practitioner.
11		"Respiratory care education program" means a course of
12		academic study leading to eligibility for registry or
13		certification in respiratory care. The training is to be
14		approved by an accrediting agency recognized by the Board and
15		shall include an evaluation of competence through a
16		standardized testing mechanism that is determined by the Board
17		to be both valid and reliable.
18		"Respiratory care practitioner" means a person who is
19		licensed by the Department of Professional Regulation and meets
20		all of the following criteria:
21		(1) The person is engaged in the practice of
22		cardiorespiratory care and has the knowledge and skill
23		necessary to administer respiratory care.
24		(2) The person is capable of serving as a resource to
25		the licensed health care professional in relation to the
26		technical aspects of cardiorespiratory care and the safe

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1		and effective methods for administering cardiorespiratory
2		care modalities.
3		(3) The person is able to function in situations of
4		unsupervised patient contact requiring great individual
5		judgment.
6		"Secretary" means the Secretary of Financial and
7		Professional Regulation.
8		(Source: P.A. 94-523, eff. 1-1-06; 95-639, eff. 10-5-07.)
9		(225 ILCS 106/15)
10		(Section scheduled to be repealed on January 1, 2016)
11		Sec. 15. Exemptions.
12		(a) This Act does not prohibit a person legally regulated
13		in this State by any other Act from engaging in any practice
14		for which he or she is authorized.
15		(b) Nothing in this Act shall prohibit the practice of
16		respiratory care by a person who is employed by the United
17		States government or any bureau, division, or agency thereof
18		while in the discharge of the employee's official duties.
19		(c) Nothing in this Act shall be construed to limit the
20		activities and services of a person enrolled in an approved
21		course of study leading to a degree or certificate of registry
22		or certification eligibility in respiratory care if these
23		activities and services constitute a part of a supervised
24		course of study and if the person is designated by a title
25		which clearly indicates his or her status as a student or

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1		trainee. Status as a student or trainee shall not exceed 3
2		years from the date of enrollment in an approved course.
3		(d) Nothing in this Act shall prohibit a person from
4		treating ailments by spiritual means through prayer alone in
5		accordance with the tenets and practices of a recognized church
6		or religious denomination.
7		(e) Nothing in this Act shall be construed to prevent a
8		person who is a registered nurse, an advanced practice nurse, a
9		licensed practical nurse, a physician assistant, or a physician
10		licensed to practice medicine in all its branches from
11		providing respiratory care.
12		(f) Nothing in this Act shall limit a person who is
13		credentialed by the National Society for Cardiopulmonary
14		Technology or the National Board for Respiratory Care from
15		performing pulmonary function tests and respiratory care
16		procedures related to the pulmonary function test. Individuals
17		who do not possess a license to practice respiratory care or a
18		license in another health care field may perform basic
19		screening spirometry limited to peak flow, forced vital
20		capacity, slow vital capacity, and maximum voluntary
21		ventilation if they possess spirometry certification from the
22		National Institute for Occupational Safety and Health, an
23		Office Spirometry Certificate from the American Association
24		for Respiratory Care, or other similarly accepted
25		certification training.
26		(g) Nothing in this Act shall prohibit the collection and

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1		analysis of blood by clinical laboratory personnel meeting the
2		personnel standards of the Illinois Clinical Laboratory Act.
3		(h) Nothing in this Act shall prohibit a polysomnographic
4		technologist, technician, or trainee, as defined in the job
5		descriptions jointly accepted by the American Academy of Sleep
6		Medicine, the Association of Polysomnographic Technologists,
7		the Board of Registered Polysomnographic Technologists, and
8		the American Society of Electroneurodiagnostic Technologists,
9		from performing activities within the scope of practice of
10		polysomnographic technology while under the direction of a
11		physician licensed in this State.
12		(i) Nothing in this Act shall prohibit a family member from
13		providing respiratory care services to an ill person.
14		(j) Nothing in this Act shall be construed to limit an
15		unlicensed practitioner in a licensed hospital who is working
16		under the proximate supervision of a licensed health care
17		professional or other authorized licensed personnel and
18		providing direct patient care services from performing basic
19		respiratory care activities if the unlicensed practitioner (i)
20		has been trained to perform the basic respiratory care
21		activities at the facility that employs or contracts with the
22		individual and (ii) at a minimum, has annually received an
23		evaluation of the unlicensed practitioner's performance of
24		basic respiratory care activities documented by the facility.
25		(k) Nothing in this Act shall be construed to prohibit a
26		person enrolled in a respiratory care education program or an

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1		approved course of study leading to a degree or certification
2		in a health care-related discipline that provides respiratory
3		care activities within his or her scope of practice and
4		employed in a licensed hospital in order to provide direct
5		patient care services under the direction of other authorized
6		licensed personnel from providing respiratory care activities.
7		(l) Nothing in this Act prohibits a person licensed as a
8		respiratory care practitioner in another jurisdiction from
9		providing respiratory care: (i) in a declared emergency in this
10		State; (ii) as a member of an organ procurement team; or (iii)
11		as part of a medical transport team that is transporting a
12		patient into or out of this State.
13		(Source: P.A. 96-456, eff. 8-14-09.)
14		(225 ILCS 106/20)
15		(Section scheduled to be repealed on January 1, 2016)
16		Sec. 20. Restrictions and limitations.
17		(a) No person shall, without a valid license as a
18		respiratory care practitioner (i) hold himself or herself out
19		to the public as a respiratory care practitioner; (ii) use the
20		title "respiratory care practitioner"; or (iii) perform or
21		offer to perform the duties of a respiratory care practitioner,
22		except as provided in Section 15 of this Act.
23		(b) Nothing in the Act shall be construed to permit a
24		person licensed as a respiratory care practitioner to engage in
25		any manner in the practice of medicine in all its branches as

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1		defined by State law.
2		(Source: P.A. 94-523, eff. 1-1-06.)
3		(225 ILCS 106/22 new)
4		Sec. 22. Durable medical equipment use and training.
5		(a) Notwithstanding any other provision of this Act,
6		unlicensed or non-credentialed individuals who deliver
7		prescribed respiratory care equipment, including, but not
8		limited to, oxygen, oxygen concentrators, pulmonary hygiene
9		devices, aerosol compressors and generators, suction machines,
10		and positive airway pressure devices, may deliver, set up,
11		calibrate, and demonstrate the mechanical operation of a
12		specific piece of equipment to the patient, family, and
13		caregivers, with the exception of mechanical ventilators,
14		which only a licensed respiratory care practitioner or other
15		licensed health care professional operating within the scope of
16		his or her scope of practice may deliver and set up.
17		Demonstration of the mechanical operation of a specific piece
18		of equipment includes demonstration of the on-off switches,
19		emergency buttons, and alarm silence and reset buttons, as
20		appropriate. In order for unlicensed or non-credentialed
21		personnel to deliver, set up, calibrate, and demonstrate a
22		specific piece of equipment as allowed in this subsection (a),
23		the employer must document that the employee has both received
24		training and demonstrated competency using the specific piece
25		of equipment under the supervision of a respiratory care

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1		practitioner licensed by this State or some other licensed
2		practitioner operating within his or her scope of practice.
3		Equipment demonstration is not to be interpreted as
4		teaching, administration, or performance of respiratory care.
5		Unlicensed or non-credentialed individuals may not attach the
6		equipment to the patient or instruct the patient, family, or
7		caregiver on the use of the equipment beyond the mechanical
8		functions of the device.
9		(b) Patients, family, and caregivers must be taught to use
10		the equipment for the intended clinical application by a
11		licensed respiratory care practitioner or other licensed
12		health care professional operating within his or her scope of
13		practice. This instruction may occur through follow-up after
14		delivery, with an identical model in the health care facility
15		prior to discharge or with an identical model at the medical
16		supply office. Instructions to the patient regarding the
17		clinical use of equipment, patient monitoring, patient
18		assessment, or any other procedure used with the intent of
19		evaluating the effectiveness of the treatment must be performed
20		by a respiratory care practitioner licensed by this State or
21		any other licensed practitioner operating within his or her
22		scope of practice.
23		(225 ILCS 106/30)
24		(Section scheduled to be repealed on January 1, 2016)
25		Sec. 30. Powers and duties of the Department. Subject to

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1		the provision of this Act, the Department may:
2		(a) Authorize examinations to ascertain the qualifications
3		and fitness of an applicant for licensure as a respiratory care
4		practitioner.
5		(b) Pass upon the qualifications of an applicant for
6		licensure by endorsement.
7		(c) Conduct hearings on proceedings to refuse to issue,
8		renew, or revoke a license or to suspend, place on probation,
9		or reprimand a license issued or applied for person licensed
10		under this Act.
11		(d) Formulate rules required for the administration of this
12		Act. Notice of proposed rulemaking shall be transmitted to the
13		Board, and the Department shall review the Board's response and
14		any recommendations made in the response.
15		(e) Solicit the advice and expert knowledge of the Board on
16		any matter relating to the administration and enforcement of
17		this Act.
18		(f) (Blank). Issue a quarterly report to the Board of the
19		status of all complaints related to licensed practitioners
20		received by the Department.
21		(g) Maintain a roster of the names and addresses of all
22		licenses and all persons whose licenses have been suspended,
23		revoked, or denied renewal for cause within the previous
24		calendar year. The roster shall be available upon written
25		request and payment of the required fee.
26		(Source: P.A. 89-33, eff. 1-1-96.)

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1		(225 ILCS 106/35)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 35. Respiratory Care Board.
4		(a) The Secretary Director shall appoint a Respiratory Care
5		Board which shall serve in an advisory capacity to the
6		Secretary Director. The Board shall consist of 7 9 persons of
7		which 4 members shall be currently engaged in the practice of
8		respiratory care with a minimum of 3 years practice in the
9		State of Illinois, one member 3 members shall be a qualified
10		medical director directors, and 2 members shall be hospital
11		administrators.
12		(b) Members shall be appointed to a 4-year 3-year term;
13		except, initial appointees shall serve the following terms: 3
14		members shall serve for one year, 3 members shall serve for 2
15		years, and 3 members shall serve for 3 years. A member whose
16		term has expired shall continue to serve until his or her
17		successor is appointed and qualified. No member shall be
18		reappointed to the Board for a term that would cause his or her
19		continuous service on the Board to be longer than 10 8 years.
20		Appointments to fill vacancies shall be made in the same manner
21		as original appointments for the unexpired portion of the
22		vacated term. Initial terms shall begin upon the effective date
23		of this Act.
24		(c) The membership of the Board shall reasonably represent
25		all the geographic areas in this State. The Secretary Director

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1		shall consider the recommendations of the organization
2		representing the largest number of respiratory care
3		practitioners for appointment of the respiratory care
4		practitioner members of the Board and the organization
5		representing the largest number of physicians licensed to
6		practice medicine in all its branches for the appointment of
7		the medical director directors to the Board board.
8		(d) The Secretary Director has the authority to remove any
9		member of the Board for cause at any time before the expiration
10		of his or her term. The Secretary shall be the sole arbiter of
11		cause. from office for neglect of any duty required by law, for
12		incompetence, or for unprofessional or dishonorable conduct.
13		(e) The Secretary Director shall consider the
14		recommendations of the Board on questions involving standards
15		of professional conduct, discipline, and qualifications of
16		candidates for licensure under this Act.
17		(f) The members of the Board shall be reimbursed for all
18		legitimate and necessary expenses incurred in attending
19		meetings of the Board.
20		(g) Four members of the Board shall constitute a quorum. A
21		vacancy in the membership of the Board shall not impair the
22		right of a quorum to exercise all of the rights and perform all
23		of the duties of the Board.
24		(h) Members of the Board shall be immune from suit in any
25		action based upon any disciplinary proceedings or other
26		activities performed in good faith as members of the Board.

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1		(Source: P.A. 94-523, eff. 1-1-06.)
2		(225 ILCS 106/40)
3		(Section scheduled to be repealed on January 1, 2016)
4		Sec. 40. Application for original license. Applications
5		for original license shall be made to the Department on forms
6		prescribed by the Department and accompanied by the appropriate
7		documentation and the required fee, which is not refundable.
8		All applications shall contain information that, in the
9		judgment judgement of the Department, will enable the
10		Department to pass on the qualifications of the applicant for a
11		license as a respiratory care practitioner.
12		(Source: P.A. 89-33, eff. 1-1-96.)
13		(225 ILCS 106/45)
14		(Section scheduled to be repealed on January 1, 2016)
15		Sec. 45. Examination; failure or refusal to take
16		examination.
17		(a) The Department shall authorize examinations of
18		applicants as respiratory care practitioners at the times and
19		places as it may determine. The examination shall test an
20		applicant's the competence and qualifications of the applicant
21		to practice respiratory care.
22		(b) Applicants for examination shall pay, either to the
23		Department or to the designated testing service, a fee covering
24		the cost of providing the examination. Failure to appear for

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1		the examination on the scheduled date, at the time and place
2		specified, after the application for examination has been
3		received and acknowledged by the Department or the designated
4		testing service shall result in the forfeiture of the
5		examination fee.
6		(c) If an applicant neglects, fails, or refuses to take an
7		examination, or fails to pass an examination for a license
8		under this Act within 3 years after filing an application, the
9		application shall be denied and the fee forfeited. However, the
10		applicant may thereafter submit a new application accompanied
11		by the required fee. The applicant shall meet the requirements
12		in force at the time of making the new application.
13		(d) The Department may employ consultants for the purpose
14		of preparing and conducting examinations.
15		(Source: P.A. 89-33, eff. 1-1-96.)
16		(225 ILCS 106/65)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 65. Licenses; renewal; restoration; inactive status.
19		(a) The expiration date and renewal period for each license
20		issued under this Act shall be set by rule. The licensee may
21		renew a license during the 30 day period preceding its
22		expiration date by paying the required fee and demonstrating
23		compliance with any continuing education requirements.
24		(b) A person who has permitted a license to expire or who
25		has a license on inactive status may have it restored by

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1		submitting an application to the Department and filing proof of
2		fitness, as defined by rule, to have the license restored,
3		including, if appropriate, evidence that is satisfactory to the
4		Department certifying the active practice of respiratory care
5		in another jurisdiction and by paying the required fee.
6		A person practicing on an expired license is considered to
7		be practicing without a license.
8		(c) If the person has not maintained an active practice
9		that is satisfactory to the Department in another jurisdiction,
10		the Department shall determine the person's fitness to resume
11		active status. The Department may require the person to
12		complete a specified period of evaluated respiratory care and
13		may require successful completion of an examination.
14		(d) A person whose license expired while he or she was (1)
15		in federal service on active duty with the Armed Forces armed
16		forces of the United States or , while called into service or
17		training with the State Militia, or (2) while in training or
18		education under the supervision of the United States government
19		preliminary to before induction into the military service may
20		have his or her license restored without paying any lapsed
21		renewal fees a renewal fee if, within 2 years after the
22		termination of his or her service, training, or education,
23		except under conditions other than honorable, the Department is
24		furnished with satisfactory evidence that the person has been
25		so engaged and that the service, training, or education has
26		been terminated.

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1		(e) A license to practice shall not be denied any applicant
2		because of the applicant's race, religion, creed, national
3		origin, political beliefs, or activities, age, sex, sexual
4		orientation, or physical impairment.
5		(Source: P.A. 89-33, eff. 1-1-96.)
6		(225 ILCS 106/80)
7		(Section scheduled to be repealed on January 1, 2016)
8		Sec. 80. Returned checks; fines. Any person who delivers a
9		check or other payment to the Department that is returned to
10		the Department unpaid by the financial institution upon which
11		it is drawn shall pay to the Department, in addition to the
12		amount already owed to the Department, a fine of $50. The fines
13		imposed by this Section are in addition to any other discipline
14		provided under this Act for unlicensed practice or practice on
15		a nonrenewed license. The Department shall notify the person
16		that payment of fees and fines shall be paid to the Department
17		by certified check or money order within 30 calendar days of
18		the notification. If, after the expiration of 30 days from the
19		date of the notification, the person has failed to submit the
20		necessary remittance, the Department shall automatically
21		terminate the license or certificate or deny the application,
22		without hearing. If, after termination or denial, the person
23		seeks a license or certificate, he or she shall apply to the
24		Department for restoration or issuance of the license or
25		certificate and pay all fees and fines due to the Department.

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1		The Department may establish a fee for the processing of an
2		application for restoration of a license or certificate to pay
3		all expenses of processing this application. The Secretary
4		Director may waive the fines due under this Section in
5		individual cases where the Secretary Director finds that the
6		fines would be unreasonable or unnecessarily burdensome.
7		(Source: P.A. 92-146, eff. 1-1-02.)
8		(225 ILCS 106/95)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 95. Grounds for discipline.
11		(a) The Department may refuse to issue, renew, or may
12		revoke, suspend, place on probation, reprimand, or take other
13		disciplinary or non-disciplinary action as the Department
14		considers appropriate, including the issuance of fines not to
15		exceed $10,000 $5,000 for each violation, with regard to any
16		license for any one or combination more of the following:
17		(1) Material misstatement in furnishing information to
18		the Department or to any other State or federal agency.
19		(2) Violations of this Act, or any of the its rules
20		adopted under this Act.
21		(3) Conviction by plea of guilty or nolo contendere,
22		finding of guilt, jury verdict, or entry of judgment or by
23		sentencing of any crime, including, but not limited to,
24		convictions preceding sentences of supervision,
25		conditional discharge, or first offender probation, under

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1		the laws of any jurisdiction of the United States or any
2		state or territory thereof: (i) that is a felony or (ii)
3		that is or a misdemeanor, an essential element of which is
4		dishonesty, or of any crime that is directly related to the
5		practice of the profession.
6		(4) Making any misrepresentation for the purpose of
7		obtaining a license.
8		(5) Professional incompetence or negligence in the
9		rendering of respiratory care services.
10		(6) Malpractice.
11		(7) Aiding or assisting another person in violating any
12		rules or provisions of this Act.
13		(8) Failing to provide information within 60 days in
14		response to a written request made by the Department.
15		(9) Engaging in dishonorable, unethical, or
16		unprofessional conduct of a character likely to deceive,
17		defraud, or harm the public.
18		(10) Violating the rules of professional conduct
19		adopted by the Department.
20		(11) Discipline by another jurisdiction, if at least
21		one of the grounds for the discipline is the same or
22		substantially equivalent to those set forth in this Act.
23		(12) Directly or indirectly giving to or receiving from
24		any person, firm, corporation, partnership, or association
25		any fee, commission, rebate, or other form of compensation
26		for any professional services not actually rendered.

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1		Nothing in this paragraph (12) affects any bona fide
2		independent contractor or employment arrangements among
3		health care professionals, health facilities, health care
4		providers, or other entities, except as otherwise
5		prohibited by law. Any employment arrangements may include
6		provisions for compensation, health insurance, pension, or
7		other employment benefits for the provision of services
8		within the scope of the licensee's practice under this Act.
9		Nothing in this paragraph (12) shall be construed to
10		require an employment arrangement to receive professional
11		fees for services rendered.
12		(13) A finding that the licensee, after having her or
13		his license placed on probationary status or subject to
14		conditions or restrictions, has violated the terms of
15		probation or failed to comply with such terms or conditions
16		A finding by the Department that the licensee, after having
17		the license placed on probationary status, has violated the
18		terms of the probation.
19		(14) Abandonment of a patient.
20		(15) Willfully filing false records or reports
21		relating to a licensee's practice including, but not
22		limited to, false records filed with a federal or State
23		agency or department.
24		(16) Willfully failing to report an instance of
25		suspected child abuse or neglect as required by the Abused
26		and Neglected Child Reporting Act.

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1		(17) Providing respiratory care, other than pursuant
2		to an order.
3		(18) Physical or mental disability including, but not
4		limited to, deterioration through the aging process or loss
5		of motor skills that results in the inability to practice
6		the profession with reasonable judgment, skill, or safety.
7		(19) Solicitation of professional services by using
8		false or misleading advertising.
9		(20) Failure to file a tax return, or to pay the tax,
10		penalty, or interest shown in a filed return, or to pay any
11		final assessment of tax penalty, or interest, as required
12		by any tax Act administered by the Illinois Department of
13		Revenue or any successor agency or the Internal Revenue
14		Service or any successor agency.
15		(21) Irregularities in billing a third party for
16		services rendered or in reporting charges for services not
17		rendered.
18		(22) Being named as a perpetrator in an indicated
19		report by the Department of Children and Family Services
20		under the Abused and Neglected Child Reporting Act, and
21		upon proof by clear and convincing evidence that the
22		licensee has caused a child to be an abused child or
23		neglected child as defined in the Abused and Neglected
24		Child Reporting Act.
25		(23) Habitual or excessive use or addiction to alcohol,
26		narcotics, stimulants, or any other chemical agent or drug

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1		that results in an inability to practice with reasonable
2		skill, judgment, or safety.
3		(24) Being named as a perpetrator in an indicated
4		report by the Department on Aging under the Adult
5		Protective Services Act, and upon proof by clear and
6		convincing evidence that the licensee has caused an adult
7		with disabilities or an older adult to be abused or
8		neglected as defined in the Adult Protective Services Act.
9		(25) Willfully failing to report an instance of
10		suspected abuse, neglect, financial exploitation, or
11		self-neglect of an adult with disabilities or an older
12		adult as required by the Adult Protective Services Act.
13		(26) Willful omission to file or record, or willfully
14		impeding the filing or recording, or inducing another
15		person to omit to file or record medical reports as
16		required by law or willfully failing to report an instance
17		of suspected child abuse or neglect as required by the
18		Abused and Neglected Child Reporting Act.
19		(27) Practicing under a false or assumed name, except
20		as provided by law.
21		(28) Willfully or negligently violating the
22		confidentiality between licensee and patient, except as
23		required by law.
24		(29) The use of any false, fraudulent, or deceptive
25		statement in any document connected with the licensee's
26		practice.

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1		(b) The determination by a court that a licensee is subject
2		to involuntary admission or judicial admission as provided in
3		the Mental Health and Developmental Disabilities Code will
4		result in an automatic suspension of his or her license. The
5		suspension will end upon a finding by a court that the licensee
6		is no longer subject to involuntary admission or judicial
7		admission, the issuance of an order so finding and discharging
8		the patient, and the recommendation of the Board to the
9		Secretary Director that the licensee be allowed to resume his
10		or her practice.
11		All fines imposed under this Section shall be paid within
12		60 days after the effective date of the order imposing the fine
13		or in accordance with the terms set forth in the order imposing
14		the fine.
15		(Source: P.A. 98-49, eff. 7-1-13.)
16		(225 ILCS 106/100)
17		(Section scheduled to be repealed on January 1, 2016)
18		Sec. 100. Violations; injunctions; cease and desist order.
19		(a) If a person violates any provision of this Act, the
20		Secretary Director may, in the name of the People of the State
21		of Illinois, through the Attorney General, petition for an
22		order enjoining the violation or an order enforcing compliance
23		with this Act. Upon the filling of a verified petition, the
24		court with appropriate jurisdiction may issue a temporary
25		restraining order without notice or bond and may preliminarily

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1		and permanently enjoin the violation. If it is established that
2		the person has violated or is violating the injunction, the
3		court may punish the offender for contempt of court.
4		Proceedings under this Section are in addition to all other
5		remedies and penalties provided by this Act.
6		(b) If a person holds himself or herself out as being a
7		respiratory care practitioner under this Act and is not
8		licensed to do so, then any licensed respiratory care
9		practitioner, interested party, or injured person may petition
10		for relief as provided in subsection (a) of this Section.
11		(c) Whenever, in the opinion of the Department, a person
12		violates any provision of this Act, the Department may issue a
13		rule to show cause why an order to cease and desist should not
14		be entered against that person. The rule shall clearly set
15		forth the grounds relied upon by the Department and shall allow
16		at least 7 days from the date of the rule to file an answer
17		satisfactory to the Department. Failure to answer to the
18		satisfaction of the Department shall cause an order to cease
19		and desist to be issued.
20		(Source: P.A. 89-33, eff. 1-1-96.)
21		(225 ILCS 106/105)
22		(Section scheduled to be repealed on January 1, 2016)
23		Sec. 105. Investigations; notice; hearing. The Department
24		may investigate the actions of an applicant, a licensee, or a
25		person claiming to hold a license. The Department shall, before

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1		revoking, suspending, placing on probation, reprimanding, or
2		taking any other disciplinary action under Section 95 of this
3		Act, at least 30 days before the date set for the hearing (i)
4		notify the accused, in writing, of any charges made and the
5		time and place for the hearing on the charges, (ii) direct him
6		or her to file a written answer to the charges with the Board
7		under oath within 20 days after the service upon him or her of
8		the notice, and (iii) inform the accused that, if he or she
9		fails to answer, default will be taken against him or her and
10		or his or her license or certificate may be suspended, revoked,
11		placed on probationary status, or other disciplinary action
12		taken with regard to the license, including limiting the scope,
13		nature, or extent of his or her practice, without a hearing, as
14		the Department may consider proper. In case the person, after
15		receiving notice, fails to file an answer, his or her license
16		may, in the discretion of the Department, be suspended,
17		revoked, placed on probationary status, or the Department may
18		take whatever disciplinary action is considered proper,
19		including, limiting the scope, nature, or extent of the
20		person's practice or the imposition of a fine, without a
21		hearing, if the act or acts charged constitute sufficient
22		grounds for an action under this Act. The written notice may be
23		served by personal delivery or certified mail to the address of
24		record specified by the accused in his or her last notification
25		to the Department.
26		(Source: P.A. 89-33, eff. 1-1-96.)

SB0973 Engrossed - 29 - LRB099 05440 RPS 25475 b
1		(225 ILCS 106/110)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 110. Record of proceedings; transcript. The
4		Department, at its expense, shall preserve the record of all
5		proceedings at a formal hearing of any case. The notice of
6		hearing, complaint, all other documents in the nature of
7		pleadings and written motions filed in the proceedings, the
8		transcript of testimony, the report of the Board and orders of
9		the Department shall be in the record of the proceedings. The
10		Department shall furnish a transcript of the record to any
11		person interested in the hearing upon payment of the fee
12		required under Section 2105-115 of the Department of
13		Professional Regulation Law (20 ILCS 2105/2105-115).
14		(Source: P.A. 91-239, eff. 1-1-00.)
15		(225 ILCS 106/115)
16		(Section scheduled to be repealed on January 1, 2016)
17		Sec. 115. Subpoena; depositions; oaths. The Department has
18		the power to subpoena and to bring before it any person,
19		exhibit, book, document, record, file, or any other material
20		and to take testimony either orally or by deposition, or both,
21		with the same fees and mileage and in the same manner as
22		proscribed in civil cases in the courts of this State.
23		The Secretary Director, the designated hearing officer,
24		and every member of the Board has the power to administer oaths

SB0973 Engrossed - 30 - LRB099 05440 RPS 25475 b
1		to witnesses at any hearing which the Department is authorized
2		to conduct, and any other oaths authorized in any Act
3		administered by the Department.
4		(Source: P.A. 89-33, eff. 1-1-96.)
5		(225 ILCS 106/125)
6		(Section scheduled to be repealed on January 1, 2016)
7		Sec. 125. Findings and recommendations. At the conclusion
8		of the hearing, the Board shall present to the Secretary
9		Director a written report of its findings of fact, conclusions
10		of law, and recommendations. The report shall contain a finding
11		of whether the licensee violated this Act or failed to comply
12		with the conditions required in this Act. The Board shall
13		specify the nature of the violation or failure to comply, and
14		shall make its recommendations to the Secretary Director.
15		The report of findings of fact, conclusions of law, and
16		recommendations of the Board shall be the basis for the
17		Department's order for refusal or for the granting of a license
18		or for any other disciplinary action. If the Secretary Director
19		disagrees with the recommendation of the Board, the Secretary
20		Director may issue an order in contravention of the Board's
21		recommendation. The Secretary Director shall provide a written
22		report to the Board on any disagreement and shall specify the
23		reasons for the action in the final order. The report of
24		findings of fact is not admissible in evidence against the
25		person in a criminal prosecution brought for violation of this

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1		Act, but the hearing and findings of fact are not a bar to a
2		criminal prosecution brought for the violation of this Act.
3		(Source: P.A. 89-33, eff. 1-1-96.)
4		(225 ILCS 106/130)
5		(Section scheduled to be repealed on January 1, 2016)
6		Sec. 130. Board; rehearing. In any case involving the
7		refusal to issue or renew a registration, or the discipline of
8		a registrant, a copy of the Board's report shall be served upon
9		the respondent by the Department, either personally or as
10		provided in this Act for the service of the notice of hearing.
11		Within 20 calendar days after service of the notice, the
12		respondent may present to the Department a motion in writing
13		for a rehearing. The motion shall specify the particular
14		grounds for rehearing. If no motion for rehearing is filed,
15		then upon the expiration of the time specified for filing a
16		motion (or, if a motion for rehearing is denied, then upon
17		denial) the Secretary Director may enter an order in accordance
18		with recommendation of the Board, except as provided in Section
19		135 45. If the respondent orders from the reporting service,
20		and pays for a transcript of the record within the time for
21		filing a motion for rehearing, the 20 calendar day period
22		within which a motion may be filed shall commence upon the
23		delivery of the transcript to the respondent.
24		(Source: P.A. 89-33, eff. 1-1-96.)

SB0973 Engrossed - 32 - LRB099 05440 RPS 25475 b
1		(225 ILCS 106/135)
2		(Section scheduled to be repealed on January 1, 2016)
3		Sec. 135. Secretary Director; rehearing. Whenever the
4		Secretary Director believes that substantial justice has not
5		been done in the revocation, suspension, refusal to issue or
6		renew a license, or any other the discipline of an applicant or
7		a licensee, he or she may order a rehearing by the same or
8		other hearing officers.
9		(Source: P.A. 89-33, eff. 1-1-96.)
10		(225 ILCS 106/140)
11		(Section scheduled to be repealed on January 1, 2016)
12		Sec. 140. Appointment of a hearing officer. The Secretary
13		Director has the authority to appoint an attorney, licensed to
14		practice law in the State of Illinois, to serve as a hearing
15		officer in any action for refusal to issue or renew a license
16		or to discipline a licensee. The hearing officer has full
17		authority to conduct the hearing. A At least one member or
18		members of the Board may shall attend hearings each hearing.
19		The hearing officer shall report his or her findings of fact,
20		conclusions of law, and recommendations to the Board and to the
21		Secretary Director. The Board shall have 60 calendar days from
22		receipt of the report to review it and to present its findings
23		of fact, conclusions of law, and recommendations to the
24		Secretary Director. If the Board does not present its report
25		within the 60 day period, the Secretary Director may issue an

SB0973 Engrossed - 33 - LRB099 05440 RPS 25475 b
1		order based on the report of the hearing officer. If the
2		Secretary Director disagrees with the recommendation of the
3		Board or the hearing officer, the Secretary Director may issue
4		an order in contravention of the recommendation.
5		The Secretary Director shall promptly provide notice a
6		written explanation to the Board of on any such disagreement.
7		(Source: P.A. 89-33, eff. 1-1-96.)
8		(225 ILCS 106/145)
9		(Section scheduled to be repealed on January 1, 2016)
10		Sec. 145. Order or certified copy; prima facie proof. An
11		order or a certified copy thereof, over the seal of the
12		Department and purporting to be signed by the Secretary
13		Director, is prima facie proof that:
14		(1) the signature is the genuine signature of the Secretary
15		Director;
16		(2) the Secretary Director is duly appointed and qualified;
17		and
18		(3) the Board and its the members thereof are qualified to
19		act.
20		(Source: P.A. 89-33, eff. 1-1-96.)
21		(225 ILCS 106/150)
22		(Section scheduled to be repealed on January 1, 2016)
23		Sec. 150. Restoration of suspended or revoked license. At
24		any time after the successful completion of a term of

SB0973 Engrossed - 34 - LRB099 05440 RPS 25475 b
1		probation, suspension or revocation of any license, the
2		Department may restore the license to the licensee upon the
3		written recommendation of the Board, unless after an
4		investigation and hearing the Board determines that
5		restoration is not in the public interest.
6		(Source: P.A. 89-33, eff. 1-1-96.)
7		(225 ILCS 106/160)
8		(Section scheduled to be repealed on January 1, 2016)
9		Sec. 160. Summary suspension of license. The Secretary
10		Director may summarily suspend the license of a respiratory
11		care practitioner without a hearing, simultaneously with the
12		institution of proceedings for a hearing provided for in
13		Section 105 of this Act, if the Secretary Director finds that
14		evidence in his or her possession indicates that the
15		continuation of practice by the respiratory care practitioner
16		would constitute an imminent danger to the public. In the event
17		that the Secretary Director summarily suspends the license of
18		respiratory care practitioner an individual without a hearing,
19		a hearing must be commenced held within 30 calendar days after
20		the suspension has occurred and concluded as expeditiously as
21		practical.
22		(Source: P.A. 89-33, eff. 1-1-96.)
23		(225 ILCS 106/170)
24		(Section scheduled to be repealed on January 1, 2016)

SB0973 Engrossed - 35 - LRB099 05440 RPS 25475 b
1		Sec. 170. Administrative review; certification
2		Certification of record; costs.
3		All final administrative decisions of the Department are
4		subject to judicial review pursuant to the Administrative
5		Review Law and its rules. The term "administrative decision" is
6		defined as in Section 3-101 of the Code of Civil Procedure.
7		Proceedings for judicial review shall be commenced in the
8		circuit court of the county in which the party applying for
9		review resides, but if the party is not a resident of this
10		State, the venue shall be in Sangamon County.
11		The Department shall not be required to certify any record
12		to the court, or file an answer in court, or otherwise appear
13		in any court in a judicial review proceeding, unless and until
14		the Department has received from the plaintiff payment of the
15		costs of furnishing and certifying the record, which costs
16		shall be determined by the Department there is filed in the
17		court, with the complaint, a receipt from the Department
18		acknowledging payment of the costs of furnishing and certifying
19		the record. Exhibits shall be certified without cost. Failure
20		on the part of the plaintiff to file a receipt is grounds for
21		dismissal of the action. During the pendency and hearing of any
22		and all judicial proceedings incident to the disciplinary
23		action, the sanctions imposed upon the accused by the
24		Department specified in the Department's final administrative
25		decision shall, as a matter of public policy, remain in full
26		force and effect in order to protect the public pending final

SB0973 Engrossed - 36 - LRB099 05440 RPS 25475 b
1		resolution of any of the proceedings.
2		(Source: P.A. 89-33, eff. 1-1-96.)
3		(225 ILCS 106/180)
4		(Section scheduled to be repealed on January 1, 2016)
5		Sec. 180. Illinois Administrative Procedure Act;
6		application. The Illinois Administrative Procedure Act is
7		hereby expressly adopted and incorporated in this Act as if all
8		of the provisions of the Act were included in this Act, except
9		that the provision of paragraph (d) of Section 10-65 of the
10		Illinois Administrative Procedure Act, which provides that at
11		hearings the registrant or licensee has the right to show
12		compliance with all lawful requirements for retention or
13		continuation or renewal of the license, is specifically
14		excluded. For the purpose of this Act, the notice required
15		under Section 10-25 of the Illinois Administrative Procedure
16		Act is considered sufficient when mailed to address of record
17		of the licensee or applicant.
18		(Source: P.A. 89-33, eff. 1-1-96.)
19		(225 ILCS 106/190 new)
20		Sec. 190. Consent order. At any point in the proceedings as
21		provided in Sections 90 through 105 and Section 125, both
22		parties may agree to a negotiated consent order. The consent
23		order shall be final upon signature of the Secretary.

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1		(225 ILCS 106/195 new)
2		Sec. 195. Confidentiality. All information collected by
3		the Department in the course of an examination or investigation
4		of a licensee or applicant, including, but not limited to, any
5		complaint against a licensee filed with the Department and
6		information collected to investigate any such complaint, shall
7		be maintained for the confidential use of the Department and
8		shall not be disclosed. The Department shall not disclose the
9		information to anyone other than law enforcement officials,
10		regulatory agencies that have an appropriate regulatory
11		interest as determined by the Secretary, or a party presenting
12		a lawful subpoena to the Department. Information and documents
13		disclosed to a federal, State, county, or local law enforcement
14		agency shall not be disclosed by the agency for any purpose to
15		any other agency or person. A formal complaint filed against a
16		licensee by the Department or any order issued by the
17		Department against a licensee or applicant shall be a public
18		record, except as otherwise prohibited by law.
19		Section 99. Effective date. This Act takes effect upon
20		becoming law.