There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 51/ Home Medical Equipment and Services Provider License Act.
(225 ILCS 51/1)
(Section scheduled to be repealed on January 1, 2008)
Sec. 1.
Short title.
This Act may be cited as the
the Home Medical Equipment and Services Provider License Act.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 5.
Declaration of legislative findings.
The
General Assembly finds that home medical equipment and services
providers in the State of Illinois affect the public health,
welfare, and safety, and therefore finds the regulation and control of those
providers to
be in the
public interest. It is further declared that, as a
matter of public policy, home medical
equipment and services providers should merit
the confidence of the public and,
to this end, that only qualified entities be permitted to hold
themselves out to the public as home medical equipment and
services providers. This Act shall be
liberally construed to best carry out these findings.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 10.
Definitions.
As used in this Act:
(1) "Department" means the Department of | ||
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(2) "Director" means the Director of Professional | ||
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(3) "Board" means the Home Medical Equipment and | ||
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(4) "Home medical equipment and services provider" | ||
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(5) "Home medical equipment and services" means the | ||
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(6) "Home medical equipment" means technologically | ||
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(A) oxygen and oxygen delivery systems;
(B) ventilators;
(C) respiratory disease management devices, | ||
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(D) wheelchair seating systems;
(E) apnea monitors;
(F) transcutaneous electrical nerve stimulator | ||
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(G) low air‑loss cutaneous pressure management | ||
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(H) sequential compression devices;
(I) neonatal home phototherapy devices;
(J) enteral feeding pumps; and
(K) other similar equipment as defined by the | ||
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"Home medical equipment" also includes hospital beds and electronic and
computer‑driven wheelchairs, excluding scooters.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/15)
(Section scheduled to be repealed on January 1, 2008)
Sec. 15.
Licensure requirement; exempt activities.
(a) No entity shall provide home medical
equipment and
services, or
use the title "home medical equipment and services provider" in connection with
his or her profession or business,
without a license issued by the Department under this Act.
(b) Nothing in this Act shall be construed as preventing or
restricting the practices, services, or activities of the following, unless
those practices, services, or activities include providing home medical
equipment and services through a separate
legal entity:
(1) a person licensed or registered in this State by | ||
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(2) a home medical services provider entity that is | ||
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(3) home health agencies that do not have a Part B | ||
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(4) hospitals, excluding hospital‑owned and | ||
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(5) manufacturers and wholesale distributors of home | ||
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(6) health care practitioners who lawfully prescribe | ||
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(7) pharmacists, pharmacies, and home infusion | ||
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(8) hospice programs that do not involve the sale or | ||
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(9) nursing homes;
(10) veterinarians;
(11) dentists; and
(12) emergency medical service providers.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/20)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20.
Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois for the
administration of licensure Acts and shall exercise other
powers and duties necessary for effectuating the purposes of this
Act.
(b) The Department may adopt rules to administer and enforce
this Act, including but not limited to fees for original licensure and
renewal and restoration of licenses,
and may
prescribe forms to be issued to implement this Act.
At a minimum, the rules adopted by the Department shall include standards and
criteria for
licensure and
for professional conduct and discipline. The Department shall
consult with the Board in adopting rules. 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. The Department shall notify the Board in writing with
proper explanation of deviations from the Board's recommendations
and response.
(c) The Department may at any time seek the advice and
expert knowledge of the Board on any matter relating to the
administration of this Act.
(d) The Department shall issue a quarterly report to the Board
of the status of all complaints related to the profession and filed
with the Department.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/25)
(Section scheduled to be repealed on January 1, 2008)
Sec. 25.
Home Medical Equipment and Services Board.
The Director shall appoint
a Home Medical Equipment and Services Board, in
consultation with a state association representing the home
medical equipment and services industry,
to serve in an advisory capacity to the Director. The Board shall consist of 7
members. Four
members shall be home medical equipment and services provider
representatives, 2 of whom represent businesses grossing less than
$500,000 per year in revenues, 2 of whom represent businesses grossing
$500,000 or more per year in revenues, and at least one of
whom shall also be a
pharmacy‑based provider. The 3 remaining members shall include one
home care clinical specialist, one respiratory care practitioner,
and one consumer of home medical equipment and services.
Members shall serve 4 year terms and until their successors are
appointed and qualified, except that of the initial appointments,
the consumer member shall be appointed to serve for one year, 2
members shall be appointed to serve for 2 years, 3 members shall be appointed
to
serve for 3 years, and one member who is a home medical equipment
and services provider representative shall be appointed to serve for 4
years, and until their successors are appointed and qualified.
No member shall be reappointed to the Board for
a term that would cause continuous service on the Board to exceed 8 years.
Appointments to fill vacancies shall be made in the same
manner as original appointments, for the unexpired portion of the
vacated term.
The home medical equipment and services provider representatives appointed
to the Board shall have engaged in the provision of home medical
equipment and services or related home care services for at least
3 years prior to their appointment, shall be currently
engaged in providing home medical equipment and services
in the State of Illinois, and must have no
record of convictions related to fraud or abuse under either
State or federal law.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
The Board shall annually elect one of its members as chairperson and vice
chairperson.
Members of the Board shall receive as compensation a reasonable sum as
determined by the Director for each day actually engaged in the duties of the
office, and shall be reimbursed for authorized expenses
incurred in performing the duties of the office.
The Director may terminate the appointment of any member for
cause which in the opinion of the Director reasonably justifies
the termination.
Through consultation with members of
a state association for the home medical equipment and services
industry, the Board may
recommend to the Department rules that specify the medical equipment to be
included under this Act, that set standards for the licensure, professional
conduct, and discipline of
entities that provide home medical equipment and services, and
that govern the safety and quality of home medical equipment and services.
The Director shall consider the recommendations of the Board.
Members of the Board shall be immune from suit in an action based upon
any disciplinary proceedings or other activities performed in good faith as
members of the Board.
A majority of Board members currently appointed shall constitute a quorum.
A vacancy in the membership of the Board shall not impair the rights of a
quorum
to exercise the rights and perform all of the duties of the Board.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/30)
(Section scheduled to be repealed on January 1, 2008)
Sec. 30.
Application for original licensure.
Applications
for original licensure shall be made to the Department in writing
and signed by the applicant on forms prescribed by the Department and shall be
accompanied by
a nonrefundable fee set by rule of the Department.
The Department may require from an applicant information that, in its judgment,
will enable the Department to pass on the
qualifications of the applicant for licensure.
An applicant has 3 years from the date of application to complete
the application process. If the process has not been completed
in 3 years, the application shall be denied, the fee shall be forfeited,
and the applicant must reapply and meet the requirements in
effect at the time of reapplication.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/35)
(Section scheduled to be repealed on January 1, 2008)
Sec. 35.
Qualifications for licensure.
(a) An entity
is qualified to
receive a license as a home medical equipment and services
provider if the entity meets each of the following requirements:
(1) complies with all applicable federal and State | ||
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(2) maintains a physical facility and medical | ||
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(3) establishes proof of commercial general | ||
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(4) establishes and provides records of annual | ||
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(5) maintains records on all patients to whom it | ||
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(6) establishes equipment management and personnel | ||
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(7) makes life sustaining home medical equipment and | ||
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(8) complies with any additional qualifications for | ||
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(b) The Department may request a personal interview of an applicant
before the Board to further evaluate the entity's
qualifications for licensure.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/40)
(Section scheduled to be repealed on January 1, 2008)
Sec. 40.
Issuance of license.
The Department shall begin issuing licenses
under this Act within 2 years after the effective date of this Act. The
Department shall issue a license to an
applicant who has met the requirements of Section 35 and has paid the required
application fee.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/45)
(Section scheduled to be repealed on January 1, 2008)
Sec. 45.
Display of license; advertising; penalties.
(a) An entity that advertises home medical equipment and services shall, at
its
place of business, display the license of
the entity.
(b) No entity that provides home medical equipment services may advertise
the equipment and services unless
that entity includes in the advertisement the statement "Licensed
in the State of Illinois".
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/50)
(Section scheduled to be repealed on January 1, 2008)
Sec. 50.
License expiration; renewal.
The expiration date, renewal
period, renewal fees, and procedures for renewal of
licenses issued under this Act shall be set by rule of the Department.
An entity may renew its license by paying the required fee and by meeting the
renewal requirements adopted by the Department under this Section.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/55)
(Section scheduled to be repealed on January 1, 2008)
Sec. 55.
Restoration of expired license.
A home medical equipment and services provider whose license
has expired
may have the license
restored by making application to the Department, by paying the required fees,
and by filing proof
acceptable to the Department of fitness to have the license
restored as established by rule.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/65)
(Section scheduled to be repealed on January 1, 2008)
Sec. 65.
Fees; returned checks.
An entity 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 entity that 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
entity has failed to submit the necessary remittance, the
Department shall automatically terminate the license
or deny the application without a hearing. If
the entity seeks a license after termination or denial,
the entity shall apply to the Department for restoration or
issuance of the license and pay all fees and fines
owed to the Department. The Department may establish a fee for
the processing of an application for restoration of a license
to pay all expenses of processing that application.
The Director may waive the fines due under this Section in
individual cases where the Director finds that the fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)
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(225 ILCS 51/70)
(Section scheduled to be repealed on January 1, 2008)
Sec. 70.
Roster of licensees.
The Department shall maintain
a roster of the names and addresses of all licensees and of all
entities whose license has been suspended or revoked within the
previous year. This roster shall be available upon written
request and payment of the required fee.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/75)
(Section scheduled to be repealed on January 1, 2008)
Sec. 75.
Refused issuance, suspension, or revocation of
license.
The Department may refuse to issue, renew, or restore a license, or may
revoke,
suspend, place on probation, reprimand, impose a fine not to exceed $1,000 for
each violation, or take other
disciplinary action as the Department may deem proper
with regard to a
licensee for any one or combination of the following reasons:
(1) Making a material misstatement in furnishing | ||
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(2) Negligent or intentional disregard of this Act | ||
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(3) Conviction of a crime under the laws of the | ||
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(4) Making a misrepresentation to obtain licensure | ||
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(5) Gross negligence in practice under this Act.
(6) Engaging in a pattern of practice or other | ||
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(7) Aiding, assisting, or willingly permitting | ||
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(8) Failing, within 60 days, to provide information | ||
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(9) Engaging in dishonorable, unethical, or | ||
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(10) Discipline by another state, District of | ||
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(11) Directly or indirectly giving to or receiving | ||
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(12) A finding that the licensee, after having its | ||
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(13) Willfully making or filing false records or | ||
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(14) Solicitation of business services, other than | ||
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(15) The use of any words, abbreviations, figures, | ||
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(16) Failure to file a return, or to pay the tax, | ||
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(17) Failure to comply with federal laws and | ||
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(18) Solicitation of professional services using false or misleading
advertising.
(19) Failure to display a license in accordance with | ||
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(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/80)
(Section scheduled to be repealed on January 1, 2008)
Sec. 80.
Cease and desist order.
(a) If any entity violates a provision of this Act, the Director
may, in the name of the People of the State of Illinois, through
the Attorney General of the State of Illinois, petition for an
order enjoining the violation or for an order enforcing
compliance with this Act. Upon the filing of a verified petition
in court, the court may issue a temporary restraining order,
without notice or bond, and may preliminarily and permanently
enjoin the violation, and if it is established that the entity
has violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) If an entity holds itself out as a provider of home medical equipment
and services without a license issued under this Act,
an interested party or any person injured thereby,
in addition to the Director, may petition for relief as provided in
subsection (a) of this Section.
(c) Whenever in the opinion of the Department an entity violates
a 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 the entity. The rule shall clearly set forth the grounds
relied upon by the Department and shall provide a period of 7
days from the date of the rule to file an answer to the
satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease and
desist to be issued immediately.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/85)
(Section scheduled to be repealed on January 1, 2008)
Sec. 85.
Unlicensed practice; civil penalty.
(a) An entity who practices, offers to practice, attempts to
practice, or holds itself out to practice as a home medical
equipment and services provider without being licensed under this
Act shall, in addition to any other penalty provided by law, pay
a civil penalty to the Department in an amount not to exceed
$5,000 for each offense as determined by the Department. The
civil penalty shall be assessed by the Department after a hearing
is held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
The civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and executed
in the same manner as any judgment from any court of
record.
(b) The Department may investigate any
unlicensed activity.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/90)
(Section scheduled to be repealed on January 1, 2008)
Sec. 90.
Mandatory inspections.
The Department shall inspect a licensee
for compliance with the requirements of this Act within 3 years after the date
of initial licensure and at least once every 3 years thereafter, unless the
licensee can demonstrate proof of renewal
of accreditation with a recognized national accrediting body. The Department
shall conduct random inspections upon renewal of a license, for cause
or as necessary to assure the integrity and effectiveness of
the licensing process. Upon failure to pass inspection, a
provider's license shall be suspended or denied as applicable,
pending review by the Board.
The Department may authorize qualified individuals to conduct
inspections. The Department shall set by rule, and pay to an inspector, a
fee for each inspection.
An entity that fails to pass an inspection is subject to penalties under
Section 80.
Upon notice of failure to pass an inspection, a provider shall
have 30 days to appeal the inspection results.
On appeal, a provider shall
have the right to an inspection review or to a new inspection in
accordance with procedures adopted by the Department.
A home medical equipment and services provider licensed within 2 years after
the effective date of this Act is exempt from the inspection requirements of
this Section during that 2‑year period.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/95)
(Section scheduled to be repealed on January 1, 2008)
Sec. 95.
Investigations; notice and hearing.
(a) The Department
may investigate the actions of an applicant or of an entity
holding or claiming to hold a license.
(b) The Department
shall, before refusing to issue or renew a license or
disciplining a licensee, 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. The Department shall direct
the applicant or licensee to file a written answer to the Board
under oath within 20 days after the service of the notice and
inform the applicant or licensee that failure to file an answer
will result in default being taken against the applicant or
licensee and that the license may be suspended,
revoked, placed on probationary status, or other disciplinary
action may be taken, including limiting the scope, nature, or
extent of business, as the Director may deem proper. Written
notice may be served by personal delivery or certified or
registered mail to the respondent at the address of the entity's
last notification to the Department. If the entity fails to
file an answer after receiving notice, the entity's license
may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action it deems proper,
including limiting the scope, nature, or extent of the entity's
business, or imposing a fine, without a hearing, if the
act or acts charged constitute sufficient grounds for such action under this
Act. At the time and place fixed in the notice, the Board shall proceed to hear
the charges, and the parties or their counsel shall be
accorded ample opportunity to present such statements, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The Board may continue a hearing from time to
time.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/100)
(Section scheduled to be repealed on January 1, 2008)
Sec. 100.
Stenographer; transcript.
The Department at its
expense, shall preserve a record of all proceedings at the formal
hearing of any case involving the refusal to issue or renew a
license or the discipline of a licensee. The notice of hearing,
complaint, and all other documents in the nature of pleadings,
written motions filed in the proceedings, the transcript of
testimony, the report of the Board, and the order of the Department
shall be the record of the proceeding.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/105)
(Section scheduled to be repealed on January 1, 2008)
Sec. 105.
Compelling testimony.
A circuit court may, upon
application of the Department or its designee or of the applicant
or licensee against whom proceedings under Section 95 are
pending, enter an order requiring the attendance of witnesses and
their testimony and the production of documents, papers, files,
books, and records in connection with any hearing or
investigation. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/110)
(Section scheduled to be repealed on January 1, 2008)
Sec. 110.
Findings and recommendations.
At the conclusion of
the hearing the Board shall present to the Director a written
report of its findings and recommendations. The report shall
contain a finding of whether or not the accused entity 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
Director.
The report of findings and recommendations of the Board shall be
the basis for the Department's order of refusal or for the
granting of licensure unless the Director shall determine that
the Board's report is contrary to the manifest weight of the
evidence, in which case the Director may issue an order in
contravention of the Board's report. The finding is not admissible
in evidence against the entity in a criminal prosecution brought
for the violation of this Act, but the hearing and finding are
not a bar to a criminal prosecution brought for the violation of
this Act.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/115)
(Section scheduled to be repealed on January 1, 2008)
Sec. 115.
Rehearing on motion.
In a case involving the refusal to
issue or renew a license or the discipline of a licensee, 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 days after such
service, the respondent may present to the Department a motion in
writing for a rehearing, which shall specify the
particular grounds for the rehearing. If no motion for rehearing is
filed, then upon the expiration of the time specified for filing
the motion, or if a motion for rehearing is denied, then upon
such denial the Director may enter an order in accordance with
recommendations of the Board except as provided in Section 120 of
this Act. If the respondent shall order from the reporting
service and pay for a transcript of the record with the time for
filing a motion for rehearing, the 20 day period within which
such a motion may be filed shall commence upon the delivery of
the transcript to the respondent.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/120)
(Section scheduled to be repealed on January 1, 2008)
Sec. 120.
Rehearing on order of Director.
Whenever the Director is
satisfied that substantial justice has not been done in the
revocation or suspension of a license or refusal to issue or
renew a license, the Director may order a rehearing by the same
or another Board.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/125)
(Section scheduled to be repealed on January 1, 2008)
Sec. 125.
Hearing officer.
The Director
has the authority to appoint an attorney duly licensed to
practice law in the State of Illinois to serve as the hearing
officer in an action for refusal to issue or renew a license, or for the
discipline
of a licensee. The Director shall notify the Board of an appointment. The
hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or her
findings and recommendations to the Board and the Director. The
Board shall have 60 days from receipt of the report to review the
report of the hearing officer and present its findings of fact,
conclusions of law and recommendation to the Director. If the
Board fails to present its report within the 60 day period, the
Director shall issue an order based on the report of the hearing
officer. If the Director determines that the Board's report is
contrary to the manifest weight of the evidence, he or she may
issue an order in contravention of the Board's report.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/130)
(Section scheduled to be repealed on January 1, 2008)
Sec. 130.
Order or certified copy.
An order or a certified copy of an order, over the seal of the
Department and purporting to be signed by the Director, shall be
prima facie proof that:
(1) the signature is the genuine signature of the | ||
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(2) the Director is duly appointed and qualified; and
(3) the Board and its members are qualified to act. | ||
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(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/135)
(Section scheduled to be repealed on January 1, 2008)
Sec. 135.
Restoration of license.
At any
time after the suspension or revocation of a license, the
Department may restore the license to the accused entity upon the written
recommendation of the Board unless, after an investigation and a
hearing, the Board determines that restoration is not in the
public interest.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/140)
(Section scheduled to be repealed on January 1, 2008)
Sec. 140.
Surrender of license.
Upon the revocation or
suspension of a license, the licensee shall immediately surrender
the license to the Department, and if the entity fails to do so,
the Department shall have the right to seize the license.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/145)
(Section scheduled to be repealed on January 1, 2008)
Sec. 145.
Temporary suspension of a license.
The Director may
temporarily suspend the license of a home medical equipment and
services provider without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in Section
95 of this Act, if the Director finds that evidence in his or her
possession indicates that the home medical equipment and services
provider's continuation in business would constitute an imminent
danger to the public. If the Director temporarily suspends
the license of a home medical equipment and services
provider without a hearing, a hearing by the Board must be held
within 30 days of the suspension.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/150)
(Section scheduled to be repealed on January 1, 2008)
Sec. 150.
Administrative Review Law.
All final
administrative decisions of the Department are subject to
judicial review pursuant to the provisions of the Administrative
Review Law, as now or hereafter amended, and all rules adopted
pursuant to that Law. 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 relief
resides, but if the party is not a resident of this State, the
venue shall be in Sangamon County.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/155)
(Section scheduled to be repealed on January 1, 2008)
Sec. 155.
Certification of record; costs.
The Department
shall not be required to certify any record to a court or file
any answer in court or otherwise appear in a court in a
judicial review proceeding, unless 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.
Failure on the part of the plaintiff to file a receipt in court
shall be grounds for dismissal of the action.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/160)
(Section scheduled to be repealed on January 1, 2008)
Sec. 160.
Criminal penalties.
An entity who is found to have
violated a provision of this Act is guilty of a Class A
misdemeanor. On conviction of a second or subsequent offense,
the violator shall be guilty of a Class 4 felony.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/165)
(Section scheduled to be repealed on January 1, 2008)
Sec. 165.
Administrative Procedure Act.
The
Illinois Administrative Procedure Act is hereby expressly adopted
and incorporated in this Act as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10‑65 of the Illinois Administrative
Procedure Act, which provides that at hearings the license
holder has the right to show compliance with all lawful
requirements for retention, continuation, or renewal of
a license, is specifically excluded. For the purposes of this
Act, the notice required under Section 10‑25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed to
the last known address of a party.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/170)
(Section scheduled to be repealed on January 1, 2008)
Sec. 170.
Exclusive State regulation.
It is declared to be the public
policy of this State, pursuant to paragraph (h) of
Section 6 of Article VII of the Illinois Constitution of 1970,
that any power or function set forth in this Act to be exercised
by the State is an exclusive State power or function. Such power
or function shall not be exercised concurrently, whether directly
or indirectly, by any unit of local government, including home
rule units, except as otherwise provided in this Act.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/175)
(Section scheduled to be repealed on January 1, 2008)
Sec. 175.
Entities currently operating.
Entities engaged in the business of providing home medical equipment and
services
at least 3 months prior to the effective date of this Act
shall be issued a license valid for 2 years, upon application
and payment of the required fee, without the necessity for a
determination of compliance with the requirements of subsection (a) of Section
40. During
the first year of licensure, such providers shall be subject to random
inspections for compliance with applicable standards,
unless such providers have a valid accreditation from a recognized
national accrediting body.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/180)
(Section scheduled to be repealed on January 1, 2008)
Sec. 180.
Deposit of fees and fines; appropriations.
All of
the fees and fines collected under this Act shall be deposited into
the General Professions Dedicated Fund,
and shall be used by the Department, as appropriated,
for the ordinary and contingent expenses of the Department.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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(225 ILCS 51/300)
(Section scheduled to be repealed on January 1, 2008)
Sec. 300.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑532, eff. 11‑14‑97; text omitted.)
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(225 ILCS 51/999)
(Section scheduled to be repealed on January 1, 2008)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 90‑532, eff. 11‑14‑97.)
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