There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 125/ Perfusionist Practice Act.
(225 ILCS 125/1)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1.
Short title.
This Act may be cited as the
Perfusionist Practice Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5.
Objects and purposes.
Practice as a
perfusionist in the State of Illinois
is declared to affect the public health, safety, and welfare
and
to be subject to regulation and control in the public interest. The
purpose and legislative intent
of this Act is to encourage and promote the more effective utilization of the
skills
of physicians by enabling them to delegate
certain health related procedures to perfusionists when
the delegation is consistent with
the health
and welfare of
the
patient and is conducted at the direction of and under the
responsible supervision of the physician.
It is further declared to be a matter of public health and concern that the
practice as a perfusionist merit and receive
the confidence of
the public
and, therefore, that only qualified persons be authorized to practice as
perfusionists in the State of Illinois. This Act shall be
liberally construed
to best carry
out
these subjects and purposes.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/10)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10.
Definitions.
As used in this Act:
"Board" means the Board of Perfusion.
"Department" means the Department of Professional Regulation.
"Director" means the Director of Professional Regulation.
"Extracorporeal circulation" means the diversion of a patient's blood through
a
heart‑lung
machine or a similar device that assumes the functions of the patient's heart,
lungs, kidney,
liver, or other organs.
"New graduate perfusionist" means a perfusionist practicing within a period
of one year since the date of graduation from a Commission on Accreditation of
Allied Health Education Programs accredited perfusion education program.
"Perfusion" means the functions necessary for the support, treatment,
measurement, or
supplementation of the cardiovascular systems or
other organs, or a
combination of those functions, and to ensure the safe management of
physiologic functions by
monitoring and analyzing the parameters of the systems under an order and under
the supervision
of a physician licensed to practice medicine in all its branches.
"Perfusionist" means a person, qualified by academic and clinical education,
to operate the
extracorporeal circulation equipment during any medical situation where it is
necessary to
support or replace a person's cardiopulmonary, circulatory, or respiratory
function.
A perfusionist
is responsible for the selection of appropriate equipment and techniques
necessary for support,
treatment, measurement, or supplementation of the cardiopulmonary and
circulatory system of a
patient, including the safe monitoring, analysis, and treatment of physiologic
conditions under
an order and under the supervision of a physician licensed to practice medicine
in all its
branches and in coordination with a registered professional nurse.
"Perfusion protocols" means perfusion related policies and protocols
developed
or approved by
a licensed health facility or a physician through collaboration with
administrators, licensed
perfusionists, and other health care professionals.
"Physician" or "operating physician" means a person licensed to practice
medicine in all of
its branches under the Medical Practice Act of 1987.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15.
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 licensing Acts
and shall exercise any other powers and duties necessary for effectuating
the purposes of this Act.
(b) The Department may adopt rules consistent with
the provisions of
this Act for its administration and enforcement and may prescribe
forms that shall be issued in connection with this Act. The rules may
include but are not limited to standards and criteria for licensure,
professional conduct, and discipline.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/20)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20.
Illinois Administrative Procedure Act; rules.
(a) The Illinois
Administrative Procedure Act is expressly adopted and incorporated in
this Act as if all of the provisions of the Illinois Administrative Procedure
Act were included in this Act,
except that the provision of subsection (d) of Section 10‑65 of the Illinois
Administrative Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for retention,
continuation, or renewal of the license is specifically excluded. For
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.
(b) The Director may promulgate rules for the administration
and enforcement of this Act and may prescribe forms to be issued in connection
with this Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/25)
(Section scheduled to be repealed on January 1, 2010)
Sec. 25.
Board of Perfusion.
The Director shall appoint a Board of
Perfusion to consist of 5 persons who shall be appointed by and shall serve in
an advisory capacity to the Director. Two members must hold an active license
to engage in the practice of perfusion in this State, one member must be a
physician licensed under the Medical Practice Act of 1987 who is board
certified in and actively engaged in the practice of cardiothoracic surgery,
one member must be a licensed registered professional nurse certified by the
Association of Operating Room Nurses, and one member must be a member of the
public who is not licensed under this Act or a similar Act of another
jurisdiction and who has no connection with the profession. The initial
appointees who would otherwise be required to be licensed perfusionists shall
instead be individuals who have been practicing perfusion for at least 5 years
and who are eligible under this Act for licensure as perfusionists.
Members shall serve 4‑year terms and until their successors are appointed and
qualified, except that, of the initial appointments, 2 members shall be
appointed to serve for 2 years, 2 members shall be appointed to serve for 3
years, and 1
member 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 his or her continuous service on the Board to be longer
than 8 consecutive years. Appointments to fill vacancies shall be made in the
same manner as original appointments for the unexpired portion of the vacated
term. Initial terms shall begin upon the effective date of this Act.
The Board shall annually elect a chairperson and a vice‑chairperson who shall
preside in the absence of the chairperson. The membership of the Board should
reasonably reflect representation from the
various
geographic areas in this State. The
Director may terminate the appointment of any member for cause. The Director
may give due consideration to all recommendations of the Board. A majority of
the Board members currently appointed shall constitute a quorum. A vacancy in
the membership of the Board shall not impair the right of a quorum to exercise
the rights and perform all the duties of the Board. Members of the Board shall
have no liability in any action based upon any disciplinary proceeding or other
activity performed in good faith as a member of the Board.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/30)
(Section scheduled to be repealed on January 1, 2010)
Sec. 30.
Application for licensure.
An application for an initial
license
shall be made to the Department in writing on forms prescribed by the
Department and shall be accompanied by the required nonrefundable fee. An
application shall require information that, in the judgment of the Department,
will enable the Department to evaluate the qualifications of an applicant for
licensure.
If an applicant fails to obtain a license under this Act within 3 years after
filing his or her application, the application shall be denied. The applicant
may make a new application, which shall be accompanied by the required
nonrefundable fee. The applicant shall be required to meet the
qualifications required for licensure at the time of reapplication.
A person shall be qualified
for licensure as a perfusionist if that person:
(1) has applied to the Department for licensure in | ||
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(2) has not violated a provision of Section 110 of | ||
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(3) has successfully completed the examination | ||
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(4) has met the requirements for certification set | ||
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(5) has graduated from a school accredited by the | ||
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(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/40)
(Section scheduled to be repealed on January 1, 2010)
Sec. 40.
Practice prohibited.
No person may use the title and designation of a "Licensed Perfusionist",
"Certified Perfusionist", "Certified Clinical Perfusionist", "Perfusionist", or
"CCP", either directly or indirectly, in connection with his or her profession
or business, unless he or she has been issued a valid, existing license as
a perfusionist under this Act.
No person may practice, offer to practice, attempt to practice, or hold
himself or herself out to practice as a licensed perfusionist without being
licensed under this Act.
This does not mean that all of the aspects of practice listed in Sections 10
and 50 of this Act are practices or skills only a perfusionist can perform.
Other licensed or certified persons may, if qualified, be allowed to perform
some or all of these practices.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/42)
(Section scheduled to be repealed on January 1, 2010)
Sec. 42.
Implementation period.
The licensure requirements of
Sections 30 and 40 shall not be enforced until 12 months after the adoption of
final administrative rules.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/45)
(Section scheduled to be repealed on January 1, 2010)
Sec. 45.
Application of Act.
This Act shall not be construed to
prohibit the following:
(1) a person licensed in this State under any other Act from engaging in
the
practice for which he or
she is licensed;
(2) a student enrolled in an accredited perfusion education program from
performing perfusion services if
perfusion services performed by
the student:
(A) are an integral part of the student's course of | ||
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(B) are performed under the direct supervision of a | ||
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(3) a new graduate
from performing perfusion services,
if perfusion services performed by the new graduate
perfusionist:
(A) are necessary to fulfill the eligibility | ||
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(B) are performed under the direct supervision and | ||
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(4) any legally qualified perfusionist employed by the United States
government from engaging in the practice of perfusion while in the discharge of
his or her official duties; or
(5) one or more licensed perfusionists from forming a professional service
corporation in accordance with the Professional Service Corporation Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/50)
(Section scheduled to be repealed on January 1, 2010)
Sec. 50.
Scope of practice.
The scope of practice as a clinical
perfusionist includes the following
functions:
(1) the use of extracorporeal circulation, | ||
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(2) counterpulsation, ventricular assistance, | ||
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(3) blood management techniques, advanced life | ||
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(4) in the performance of the acts described in | ||
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(A) the administration of (i) pharmacological | ||
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(B) the performance and use of (i) | ||
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(C) the observation of signs and symptoms | ||
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(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/60)
(Section scheduled to be repealed on January 1, 2010)
Sec. 60.
Display of license; change of address.
(a) The Department shall issue a perfusionist license to a person meeting
the application and
qualification requirements of Section 30 of this Act.
However, a
person is
eligible for one year from the effective date of this Act to make
application to the Board and receives a license notwithstanding the
requirements
of Section 30 of this Act if
the person is actively engaged in the practice of perfusion consistent with
applicable law and if the
person has at least 5 years experience
operating
cardiopulmonary bypass systems during cardiac surgical cases in a licensed
health care facility
as the person's primary function between January 1, 1991 and the effective date
of this Act.
(b) A licensee shall maintain on file at all times during which the licensee
provides services in a
health care facility a true and correct copy of the license certificate in the
appropriate records of
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/65)
(Section scheduled to be repealed on January 1, 2010)
Sec. 65.
Licensure by endorsement.
The Department may, in its
discretion,
license as a
perfusionist, without examination
and on payment of the required fee, an applicant who (1) is licensed as a
perfusionist under the laws of
another state, territory, or country, if the requirements
for licensure in that state, territory, or country in which
the applicant was licensed were, at the date of his or her
licensure, substantially equal to the requirements in force
in this State on that date or (2) holds a current certificate as a certified
clinical perfusionist issued by the
American Board of Cardiovascular Perfusion (ABCP), or its successor
organization, prior to January 1, 1999.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/70)
(Section scheduled to be repealed on January 1, 2010)
Sec. 70.
Renewal, reinstatement or restoration of license; continuing
education; military service. The expiration date and
renewal period for each license issued under this Act shall be set by the
Department by rule. Renewal shall be conditioned on paying the required fee
and meeting other requirements as may be established by rule.
A licensee who has permitted his or her
license to expire or
who has had his or her license on inactive status may have the license
restored by making application to the Department, by filing proof
acceptable to
the Department of his or her fitness to have the license restored, and
by
paying the required fees. Proof of fitness may include sworn evidence
certifying to active lawful practice in another jurisdiction.
If the licensee has not maintained an active practice
in
another jurisdiction satisfactory to the Department, the Department shall
determine, by an evaluation program established by rule, his or her
fitness
for restoration of the license and shall establish procedures and requirements
for
restoration.
However, a licensee whose license expired while he or
she
was (1) in federal service on active duty with the Armed Forces of the United
States or the State Militia called into service or training or (2) in
training or
education under the supervision of the United States before
induction
into the military service, may have the license restored without paying any
lapsed
renewal fees if within 2 years after honorable termination of the
service,
training, or education he or she furnishes the Department with
satisfactory
evidence to the effect that he or she has been so engaged and that his
or
her service, training, or education has been so terminated.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/80)
(Section scheduled to be repealed on January 1, 2010)
Sec. 80.
Inactive status.
A licensee who notifies
the
Department in writing on forms prescribed by the Department may elect to
place his or her license on an inactive status and shall, subject to
rules of
the Department, be excused from payment of renewal fees until he or she
notifies the Department in writing of his or her intention to restore the
license.
A licensee requesting restoration from inactive status
shall
pay the current renewal fee and shall restore his or
her
license in accordance with Section 70 of this Act.
A licensee whose license is on inactive status shall not
practice
as a perfusionist in this State. A licensee
who
engages in
practice as a
perfusionist while his or her
license is
lapsed or on inactive status shall be considered to be practicing without a
license, which shall be grounds for discipline under Section 105 of this Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/90)
(Section scheduled to be repealed on January 1, 2010)
Sec. 90.
Fees; returned checks.
(a) The Department shall set by rule fees for the administration of this
Act, including but not limited to fees for initial and renewal licensure and
restoration of a license.
(b) All of the fees collected under this Act shall be deposited into the
General Professions Dedicated Fund. The monies deposited into the Fund shall
be appropriated to the Department for expenses of the Department in the
administration of this Act.
(c) A person who delivers a check or other payment to the Department
that is returned to the Department unpaid by the financial
institution upon
which it is drawn shall pay to the Department, in addition to the amount
already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any
other discipline provided under this Act for unlicensed practice or practice
on a
nonrenewed license.
The Department shall notify the person that fees and fines shall be paid
to the Department by certified check or money order within 30 calendar
days of the notification. If, after the expiration of 30 days from the date
of the
notification, the person has failed to submit the necessary remittance, the
Department shall automatically terminate the license or deny the
application
without a hearing. If the person seeks a license after termination or denial,
he
or she shall apply to the Department for restoration or issuance of the
license
and pay all fees and fines due to the Department. The Department may
establish a fee for the processing of an application for restoration of a
license
to defray the expenses of processing the application.
The Director may waive the fines due under this Section in individual
cases if the Director finds that the fines would be unreasonable or
unnecessarily
burdensome.
(Source: P.A. 91‑580, eff. 1‑1‑00; 92‑146, eff. 1‑1‑02.)
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(225 ILCS 125/95)
(Section scheduled to be repealed on January 1, 2010)
Sec. 95.
Roster.
The Department shall maintain a roster
of the names and addresses of all licensees and of all
persons whose
licenses have been disciplined. This roster shall be
available upon written request and payment of the required fee.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/100)
(Section scheduled to be repealed on January 1, 2010)
Sec. 100.
Unlicensed practice; civil penalty.
A person who practices,
offers to practice, attempts to practice, or holds himself or herself out to
practice as
a
licensed perfusionist 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.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/105)
(Section scheduled to be repealed on January 1, 2010)
Sec. 105.
Grounds for disciplinary action.
(a) The Department may refuse to issue, renew, or restore a
license, may revoke or suspend a license, or may place on
probation, censure, reprimand, or take other disciplinary
action with regard to a person licensed under this Act,
including but not limited to the imposition of fines not to
exceed $5,000 for each violation, for any one or combination
of the following causes:
(1) Making a material misstatement in furnishing | ||
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(2) Violating a provision of this Act or its rules.
(3) Conviction under the laws of a United States | ||
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(4) Making a misrepresentation for the purpose of | ||
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(5) Wilfully aiding or assisting another person in | ||
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(6) Failing to provide information within 60 days in | ||
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(7) Engaging in dishonorable, unethical, or | ||
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(8) Discipline by another United States jurisdiction | ||
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(9) Directly or indirectly giving to or receiving | ||
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(10) A finding by the Board that the licensee, after | ||
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(11) Wilfully making or filing false records or | ||
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(12) Wilfully making or signing a false statement, | ||
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(13) Wilfully failing to report an instance of | ||
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(14) Being named as a perpetrator in an indicated | ||
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(15) Employment of fraud, deception, or any unlawful | ||
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(16) Allowing another person to use his or her | ||
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(17) Failure to report to the Department (A) any | ||
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(18) Habitual intoxication or addiction to the use | ||
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(19) Physical illness, including but not limited to | ||
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(20) Gross malpractice resulting in permanent injury | ||
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(21) Immoral conduct in the commission of an act | ||
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(22) Violation of the Health Care Worker | ||
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(b) The Department may refuse to issue or may suspend the
license of a person who fails to file a return, to pay the
tax, penalty, or interest shown in a filed return, or to pay
a final assessment of the tax, penalty, or interest as
required by a tax Act administered by the Department of
Revenue, until the requirements of the tax Act are satisfied.
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon (1) a finding by a court that the patient is no
longer subject to involuntary admission or judicial
admission, (2) issuance of an order so finding and
discharging the patient, and (3) the recommendation of the Disciplinary
Board to the Director that the licensee be allowed
to resume his or her practice.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/110)
(Section scheduled to be repealed on January 1, 2010)
Sec. 110.
Injunctions; criminal offenses; cease and desist
order.
(a) If any person violates the provisions 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 or the
State's Attorney for any county in which the action is brought,
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 condition, and may preliminarily and
permanently enjoin the violation. If it is established that the
person has violated or is violating the injunction, the Court may
punish the offender for contempt of court. Proceedings under this
Section shall be in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) Whenever in the opinion of the Department a person 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 that person. The rule
shall clearly set forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an answer 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.
(c) Other than as provided in Section 45 of this Act, if any
person practices as a perfusionist or holds himself or herself
out as a licensed perfusionist under this Act without being
issued
a valid existing license by the Department, then any
licensed
perfusionist, any interested party, or any person injured thereby
may, in addition to the Director, petition for relief as provided
in subsection (a) of this Section.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/115)
(Section scheduled to be repealed on January 1, 2010)
Sec. 115.
Cease and desist order.
(a) If a person violates a provision of this Act, the
Director, in the name of the People of the State of
Illinois through the Attorney General of the State of
Illinois, or the State's Attorney of a county in which the
violation occurs, may 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. If it is established that the licensee 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 a person practices as a perfusionist
or
holds himself or herself out as a perfusionist
without
being licensed under this Act, then any licensee under this Act,
interested
party, or person injured thereby, in
addition to the Director or State's Attorney, may
petition for relief as provided in subsection (a) of this
Section.
(c) If the Department determines that a person violated 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 him or her. 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. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/120)
(Section scheduled to be repealed on January 1, 2010)
Sec. 120.
Investigation; notice; hearing.
Licenses may be refused,
revoked, suspended,
or otherwise disciplined in the manner provided by this Act and not otherwise.
The Department may upon its own motion and shall upon the verified complaint
in
writing of any person setting forth facts that if proven would constitute
grounds for refusal to issue or for suspension or revocation under this Act,
investigate
the
actions of a person applying for, holding, or claiming to hold a license. The
Department shall, before refusing to issue or renew, suspending, or revoking a
license or taking other discipline pursuant to Section 105 of
this Act, and at
least 30 days prior to the date set for the hearing, notify in writing the
applicant or licensee of any charges made, shall afford
the applicant or licensee an opportunity to be heard in person or by counsel in
reference to the charges, and direct the applicant or licensee to file a
written
answer to the Department 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 practice, as the
Director may deem proper. Written notice may be served by personal delivery
to the applicant or licensee or by mailing the notice by certified mail to
his or her last known place of residence or to the place of business last
specified by the applicant or licensee in his or her last notification
to
the Department. If the person fails to file an answer after receiving
notice, his or her license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status or the Department may take
whatever disciplinary action deemed proper, including limiting the scope,
nature, or extent of the person's practice or the imposition of a fine, without
a hearing, if the act or acts charged constitute sufficient grounds for such
action under this Act. At the time and place fixed in the notice, the
Department shall proceed to a hearing of the charges and both the applicant or
licensee
and the complainant shall be afforded ample opportunity to present, in person
or by counsel, any statements, testimony, evidence, and arguments that may be
pertinent to the charges or to their defense. The Department may continue a
hearing from time to time.
If the Board is not sitting at the time and place fixed in the notice or
at the time and place to which the hearing shall have been continued, the
Department may continue the hearing for a period not to exceed 30 days.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/125)
(Section scheduled to be repealed on January 1, 2010)
Sec. 125.
Record of proceedings.
The Department, at its
expense, shall preserve a record of all proceedings at a
formal hearing conducted pursuant to Section 120 of this Act. The
notice of hearing, complaint, and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report of the
Board or hearing officer, and orders of the Department shall be
the record of the proceeding. The Department shall supply a
transcript of the record to a person interested in the
hearing on payment of the fee required under Section 60f of
the Civil Administrative Code of Illinois.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/130)
(Section scheduled to be repealed on January 1, 2010)
Sec. 130.
Order for production of documents.
A
circuit court may, upon application of the Department or its
designee, or of the applicant or licensee against whom
proceedings pursuant to Section 120 of this Act 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 a hearing or
investigation authorized by this Act. The court may compel
obedience to its order through contempt proceedings.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/140)
(Section scheduled to be repealed on January 1, 2010)
Sec. 140.
Subpoena; oaths.
The Department has the power
to subpoena and bring before it any person in this State and
to take testimony orally or by deposition, with the same fees
and mileage and in the same manner as prescribed by law in
judicial proceedings in civil cases in circuit courts of this
State.
The Director and any Disciplinary Board member designated by
the Director shall each have the authority to administer, at any hearing that
the
Department is authorized to conduct under this Act, oaths to witnesses and any
other oaths authorized to be administered by the Department under this
Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/145)
(Section scheduled to be repealed on January 1, 2010)
Sec. 145.
Findings of fact.
At the conclusion of the
hearing, the Board shall present to the Director a
written report of its findings of fact, conclusions of law,
and recommendations. In the report, the Board shall make a
finding of whether or not the charged licensee or applicant violated a
provision of this Act or its rules and shall specify the
nature of the violation. In making its recommendations for
discipline, the Board may take into consideration all facts
and circumstances bearing upon the reasonableness of the
conduct of the respondent and the potential for future harm
to the public, including but not limited to previous
discipline of that respondent by the Department, intent, degree
of harm to the public and likelihood of harm in the future,
any restitution made, and whether the incident or incidents
complained of appear to be isolated or a pattern of conduct.
In making its recommendations for discipline, the Board shall
seek to ensure that the severity of the discipline
recommended bears some reasonable relationship to the
severity of the violation.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/150)
(Section scheduled to be repealed on January 1, 2010)
Sec. 150.
Service of report; rehearing.
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 under Section 120 of this Act
for
the service of the notice of hearing. Within 20 days after
the service, the respondent may present to the Department a
motion in writing for a rehearing, which shall specify
the particular grounds for a 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 the denial the Director may enter an order in
accordance with recommendations of the Board,
except as provided in Section 160 or 165 of this Act. If
the respondent orders a transcript of the record from the reporting service
and
pays for the transcript within 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. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/160)
(Section scheduled to be repealed on January 1, 2010)
Sec. 160.
Order of Director.
(a) The Director shall issue an order
concerning the disposition of the charges (i) following the
expiration of the filing period granted under Section 155 of this Act
if no motion for rehearing is filed or (ii) following a
denial of a timely motion for rehearing.
(b) The Director's order shall be based on the
recommendations contained in the Board's report unless, after
giving due consideration to the Board's report, the
Director disagrees in any regard with the report of the
Board, in which case he or she may issue an order in
contravention of the report. The Director shall
provide a written report to the Board on any deviation from
the Board's report and shall specify with particularity the
reasons for his or her deviation in the final order. The
Board's report and Director's order are not
admissible in evidence against the person in a criminal
prosecution brought for a violation of this Act, but the
hearing, report, and order are not a bar to a criminal
prosecution brought for the violation of this Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/170)
(Section scheduled to be repealed on January 1, 2010)
Sec. 170.
Hearing officer.
Notwithstanding the
provisions of Section 120 of this Act, the Director shall have the authority
to
appoint an attorney
licensed to practice law in this State to serve as the
hearing officer in a hearing authorized under Section 120 of this Act.
The Director shall notify the Board of an
appointment. The hearing officer shall have full authority
to conduct the hearing. The Board has the right to have at
least one member present at a hearing conducted by a hearing
officer appointed under this Section. The hearing officer
shall report his or her findings of fact, conclusions of law,
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 to present its
findings of fact, conclusions of law, and recommendations 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 disagrees in any regard with the
report of the Board or hearing officer, he or she may issue
an order in contravention of the report. The
Director shall provide a written explanation to the Board on
a deviation from the Board's report and shall specify with
particularity the reasons for his or her deviation in the
final order.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/175)
(Section scheduled to be repealed on January 1, 2010)
Sec. 175.
Rehearing on order of Director.
Whenever the Director is not satisfied that
substantial justice has been achieved in the discipline of a
licensee, the Director may order a rehearing by the
same or another hearing officer or by the Board.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/180)
(Section scheduled to be repealed on January 1, 2010)
Sec. 180.
Order; prima facie proof.
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.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/185)
(Section scheduled to be repealed on January 1, 2010)
Sec. 185.
Restoration of license.
At any time after
the suspension or revocation of a license, the Department may
restore it to the licensee unless, after an investigation and
a hearing, the Department determines that restoration is not in
the public interest. Where circumstances of suspension or
revocation so indicate, or on the recommendation of the
Board, the Department may require an examination of the licensee
before restoring his or her license.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/190)
(Section scheduled to be repealed on January 1, 2010)
Sec. 190.
Surrender of license.
Upon the revocation
or suspension of a license, the licensee shall immediately
surrender the license to the Department. If the licensee fails to
do so, the Department shall have the right to seize the license.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/200)
(Section scheduled to be repealed on January 1, 2010)
Sec. 200.
Temporary suspension.
The
Director may temporarily suspend the license of a perfusionist
without a
hearing, simultaneously with the
institution of proceedings for a hearing provided for in
Section 120 of this Act, if the Director finds
that evidence in his or her possession indicates that
continuation in practice would constitute an imminent danger
to the public. If the Director temporarily suspends
a license without a hearing, a hearing by the Department shall be
held within 30 days after the suspension has occurred and
shall be concluded without appreciable delay.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/205)
(Section scheduled to be repealed on January 1, 2010)
Sec. 205.
Certificate of record.
The Department shall
not be required to certify any record to a court or file an
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. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/210)
(Section scheduled to be repealed on January 1, 2010)
Sec. 210.
Administrative Review Law.
All final
administrative decisions of the Department are subject to
judicial review under the Administrative Review Law and its
rules. The term "administrative decision" is defined as in
Section 3‑101 of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party seeking review
resides. If the party seeking review is not a resident of
this State, venue shall be in Sangamon County.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/215)
(Section scheduled to be repealed on January 1, 2010)
Sec. 215.
Criminal penalties.
A person who is found to have knowingly
violated Section 105 or subsection (a) of Section 220 of this Act
is guilty of a Class A misdemeanor for a first offense and is guilty of a Class
4 felony for a second or subsequent offense.
(Source: P.A. 91‑580, eff. 1‑1‑00; 92‑651, eff. 7‑11‑02.)
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(225 ILCS 125/220)
(Section scheduled to be repealed on January 1, 2010)
Sec. 220.
Unlicensed practice; civil penalties.
(a) No person shall practice, offer to practice, attempt to practice,
or hold
himself or herself out to practice as a
perfusionist without a
license
issued
by the Department to that person under this Act.
(b) In addition to any other penalty provided by law, a person who
violates subsection (a) of this Section shall 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 a hearing for the discipline of a licensee.
(c) The Department has the authority and power to
investigate any and all unlicensed activity.
(d) The civil penalty assessed under this Act 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 execution had on the judgment in the same manner as a
judgment from a court of record.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/225)
(Section scheduled to be repealed on January 1, 2010)
Sec. 225.
Deposit of moneys.
All moneys collected by the Department
under this Act shall be deposited into the General Professions Dedicated
Fund in the State Treasury and shall be used for administration of this Act.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/230)
(Section scheduled to be repealed on January 1, 2010)
Sec. 230.
Home rule powers.
The regulation and licensing of
perfusionists are exclusive powers and functions of the State.
A home rule unit
shall not regulate or license perfusionists.
This Section is a
limitation under
subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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(225 ILCS 125/950)
(Section scheduled to be repealed on January 1, 2010)
Sec. 950.
(Amendatory provisions; text omitted).
(Source: P.A. 91‑580, eff. 1‑1‑00; text omitted.)
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(225 ILCS 125/999)
(Section scheduled to be repealed on January 1, 2010)
Sec. 999.
Effective date.
This Act takes effect January 1, 2000.
(Source: P.A. 91‑580, eff. 1‑1‑00.)
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