There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - 225 ILCS 65/ Nursing and Advanced Practice Nursing Act. Title 20 - Administration and Enforcement
(225 ILCS 65/20‑2)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑2.
References to Board.
References in this Title to the "Board"
shall mean the Board of Nursing in the case of an administrative or enforcement
matter concerning the practice of practical nursing or professional nursing,
and shall mean the Advanced Practice Nursing Board in the case of an
administrative or enforcement matter concerning the practice of advanced
practice nursing.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑5)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑5.
Expiration of license; renewal.
The expiration date
and renewal period for each license issued
under this Act shall be set by rule. The holder of a license may renew
the license during the month preceding the expiration
date of the license by
paying the required fee.
It is the responsibility of the licensee to notify the Department in writing
of a change of address.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑10)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑10.
Restoration of license; temporary permit.
(a) Any license issued under this Act that has expired or
that
is on inactive status may be restored by making application to the
Department and filing proof of fitness acceptable to the Department
as specified by rule, to have the license restored, and by
paying the required restoration fee. Such proof of fitness may include
evidence certifying to active lawful practice in another jurisdiction.
However, any license issued under this Act that expired while
the
licensee 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
preliminary to induction into the military service, may have the license
restored without paying any lapsed renewal fees if within 2 years after
honorable termination of such service, training, or education, the
applicant
furnishes the Department with satisfactory evidence to the effect that the
applicant has been so engaged and that the individual's service, training,
or education has been so terminated.
Any licensee who shall engage in the practice of nursing or advanced
practice nursing with a lapsed
license or while on inactive status shall be considered to be
practicing without a license which shall be grounds for discipline under
Section 10‑30 or Article 15, respectively.
(b) Pending restoration of a license under subsection (a) of this
Section, the Department may grant an applicant a temporary license to
practice nursing as a registered nurse or as a licensed practical nurse if
the Department is satisfied that the applicant holds an active,
unencumbered license in good standing in another jurisdiction. If the
applicant holds more than one current active license, or one or more
active temporary licenses from other jurisdictions, the
Department shall not
issue a temporary license until it is satisfied that each
current active
license held by the applicant is unencumbered. The temporary
license, which shall be issued no later than 14 working days
following
receipt by the Department of an application for the license,
shall be granted
upon the submission of the following to the Department:
(1) a signed and completed application for | ||
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(2) proof of (i) a current, active license in at | ||
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(3) a signed and completed application for a | ||
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(4) the required permit fee.
(c) The Department may refuse to issue to an applicant a temporary permit
authorized under this Section if, within 14 working days following
its receipt of an application for a temporary permit, the Department determines
that:
(1) the applicant has been convicted within the last | ||
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(2) within the last 5 years the applicant had a | ||
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(3) it is determined by the Department that it | ||
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For purposes of this Section, an "unencumbered license" means any license
against which no disciplinary action has been taken or is pending and for
which all fees and charges are paid and current.
(d) The Department may revoke a temporary permit issued under this Section if:
(1) it determines that the applicant has been | ||
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(2) within the last 5 years the applicant had a | ||
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(3) it is determined by the Department that it | ||
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A temporary permit or renewed temporary permit shall expire (i) upon
issuance of an Illinois license or (ii) upon notification that the
Department intends to deny restoration of licensure. A temporary permit
shall expire 6 months from the date of issuance. Further renewal may be
granted by the Department, in hardship cases, that shall automatically expire upon
issuance of the Illinois license or upon notification that the Department
intends to deny licensure, whichever occurs first. No extensions shall be
granted beyond the 6 months period unless approved by the Director.
Notification by the Department under this Section shall be by certified or
registered mail.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑15)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑15.
Inactive status.
Any nurse who notifies the
Department in writing on forms
prescribed by the Department, may elect to place her or his license on inactive
status and shall, subject to rules of the Department, be excused from
payment of renewal fees until notice is given to the Department in writing
of her or his intent to restore the license.
Any nurse requesting restoration from inactive status shall be required
to pay the current renewal fee and shall be required to restore her or his
license, as provided by rule of the Department.
Any nurse whose license is in an inactive status shall not practice
nursing in the State of Illinois.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑25)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑25.
Returned checks; fines.
Any 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 payment of 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 hearing. If, after termination or denial, the
person seeks a license, 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 pay
all expenses of processing this 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 65/20‑30)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑30.
Roster.
The Department shall maintain a roster
of the names and
addresses of all licensees and of all persons whose licenses have been
suspended or revoked. This roster shall be available upon written request
and payment of the required fees.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑31)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑31.
Licensure requirements; internet site.
The Department shall
make available to the public the requirements for licensure in English and
Spanish on the internet through the Department's World Wide Web site. This
information shall include the requirements for licensure of individuals
currently residing in another state or territory of the United States or a
foreign country, territory, or province. The Department shall establish an
e‑mail link to the Department for information on the requirements for
licensure, with replies available in English and Spanish.
(Source: P.A. 93‑519, eff. 1‑1‑04.)
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(225 ILCS 65/20‑32)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑32.
Educational resources; internet link.
The Department shall
work with the Board of Nursing, the APN Board, the Board of Higher Education,
the Illinois Student Assistance Commission, Statewide organizations, and
community‑based organizations to develop a list of Department‑approved nursing
programs
and other educational resources related to the Test of English as a Foreign
Language and the Commission on Graduates of Foreign Nursing Schools
Examination. The Department shall provide a link to a list of these resources,
in English and Spanish, on the Department's World Wide Web site.
(Source: P.A. 93‑519, eff. 1‑1‑04.)
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(225 ILCS 65/20‑35)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑35.
Fees.
(a) The Department shall provide by rule for a schedule of fees to be
paid
for licenses by all applicants.
(a‑5) Except as provided in subsection (b), the fees for the
administration and enforcement of this Act, including but not limited to
original licensure, renewal, and restoration, shall be set by
rule. The fees shall not be refundable.
(b) In addition, applicants for any examination as a Registered
Professional Nurse or a Licensed Practical Nurse shall be required to pay,
either to the Department or to the designated testing service, a fee
covering the cost of providing the examination. Failure to appear for the
examination on the scheduled date, at the time and place specified, after
the applicant's application for examination has been received and
acknowledged by the Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(b) Employment of secretarial, nursing, | ||
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(c) Conducting a survey, as prescribed by rule of | ||
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(d) Conducting of training seminars for licensees | ||
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(e) Disposition of Fees:
(i) (Blank).
(ii) All of the fees and fines collected | ||
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(iii) For the fiscal year beginning July 1, | ||
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(iv) For the fiscal year beginning July 1, 2004 | ||
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(v) Moneys in the Fund may be transferred to the | ||
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(Source: P.A. 92‑46, eff. 7‑1‑01; 93‑806, eff. 7‑24‑04.)
(Text of Section from P.A. 93‑1054) Sec. 20‑40. Fund. There is hereby created within the State Treasury the
Nursing Dedicated and Professional Fund. The monies in the Fund may be
used by and at the direction of the Department for the administration and
enforcement of this Act, including but not limited to:
(a) Distribution and publication of the Nursing and | ||
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(b) Employment of secretarial, nursing, | ||
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(c) Conducting a survey, as prescribed by rule of | ||
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(d) Conducting of training seminars for licensees | ||
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(e) Disposition of Fees:
(i) (Blank).
(ii) All of the fees and fines collected | ||
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(iii) For the fiscal year beginning July 1, | ||
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(iv) For the fiscal year beginning July 1, 2004 | ||
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(v) Moneys in the Fund may be transferred to the | ||
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(f) Moneys set aside for nursing scholarships awarded | ||
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(Source: P.A. 92‑46, eff. 7‑1‑01; 93‑1054, eff. 11‑18‑04.)
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(225 ILCS 65/20‑50)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑50.
Limitation on action.
All proceedings to suspend,
revoke, or take any other
disciplinary action as the Department may deem proper, with regard to a
license on any of the foregoing grounds may not be commenced later than 3
years next after the commission of any act which is a ground for
discipline or a final conviction order for any of the acts
described herein. In the event of the settlement of any claim or cause of
action in favor of the claimant or the reduction to the final judgment of
any civil action in favor of the plaintiff, such claim, cause of action or
civil action being rounded on the allegation that a person licensed under
this Act was negligent in providing care, the Department shall have an
additional period of one year from the date of such settlement or final
judgment in which to investigate and commence formal disciplinary
proceedings under Section 25 of this Act, except as otherwise provided by
law. The time during which the holder of the license was outside the State
of Illinois shall not be included within any period of time limiting the
commencement of disciplinary action by the Board.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑55)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑55.
Suspension for imminent danger.
The Director of the
Department may, upon receipt of a written
communication from the Secretary of Human Services, the Director of Public Aid,
or the Director of Public Health
that continuation of practice of a person licensed under this
Act constitutes an immediate danger to the public, immediately suspend the
license of such person without a hearing. In instances in which the
Director immediately suspends a license under this Section, a hearing upon
such person's license must be convened by the Department within 30
days
after such suspension and completed without appreciable delay, such hearing
held to determine whether to recommend to the Director that the person's
license be revoked, suspended, placed on probationary status or reinstated,
or such person be subject to other disciplinary action. In such hearing,
the written communication and any other evidence submitted therewith may be
introduced as evidence against such person; provided, however, the person,
or his or her counsel, shall have the opportunity to discredit or impeach
and
submit evidence rebutting such evidence.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑61, eff. 12‑30‑97; 90‑742, eff.
8‑13‑98.)
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(225 ILCS 65/20‑65)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑65.
Liability of State.
In the event that the
Department's order of revocation,
suspension, placing the licensee on probationary status, or other order of
formal disciplinary action is without any reasonable basis, then the State
of Illinois shall be liable to the injured party for those special damages
suffered as a direct result of such order.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑70)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑70.
Right to legal counsel.
No action of a disciplinary
nature that is predicated on
charges alleging unethical or unprofessional conduct of a person who is a
registered professional nurse or a licensed practical nurse and that can
be reasonably expected to affect adversely that person's maintenance of her
or his present, or her or his securing of future, employment as such
a
nurse may be taken by the Department, by any association, or by any person
unless the person against whom such charges are made is afforded the right
to be represented by legal counsel of her or his choosing and to present
any witness, whether an attorney or otherwise to testify on matters
relevant to such charges.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑80)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑80.
Investigation; notice; hearing.
Prior to bringing an
action before the Board, the
Department may investigate the actions of any applicant or of any person
or persons holding or claiming to hold a license. The Department shall,
before suspending, revoking, placing on probationary status, or taking any
other disciplinary action as the Department may deem proper with regard to
any license, at least 30 days prior to the date set for the
hearing, notify the accused in writing of any charges made and the time and
place for a hearing of the charges before the Board, direct
her or him
to file a written answer thereto to the Board under oath
within 20 days
after the service of such notice and inform the licensee that if she or he
fails to file such answer default will be taken against the licensee and
such license may be suspended, revoked, placed on
probationary status, or have other disciplinary action, including limiting
the scope, nature or extent of her or his practice, as the Department may
deem proper taken with regard thereto. Such written notice may be served
by personal delivery or certified or registered mail to the respondent at
the address of her or his last notification to the Department. At
the time
and place fixed in the notice, the Department 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 the defense to the charges. The
Department may continue a hearing from time to time. In case the accused
person,
after receiving notice, fails to file an answer, her or his license may in the
discretion of the Director, having received first
the recommendation of the Board, be suspended,
revoked, placed on probationary status, or the Director may take whatever
disciplinary action as he or she may deem proper, including limiting the
scope,
nature, or extent of said person's practice, without a hearing, if the act
or acts charged constitute sufficient grounds for such action under this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑85)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑85.
Stenographer; transcript.
The Department, at its
expense, shall provide a stenographer
to take down the testimony and preserve a record of all proceedings at the
hearing of any case wherein any disciplinary action is taken regarding a
license. 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 and the
orders of the
Department shall be the record of the proceedings. The
Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee
required under Section 2105‑115 of the Department of Professional
Regulation Law (20 ILCS 2105/2105‑115).
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98; 91‑239, eff. 1‑1‑00.)
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(225 ILCS 65/20‑90)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑90.
Compelled testimony and production of documents.
Any circuit court may, upon application of the Department
or designee or of the applicant or licensee against whom proceedings upon
Section 20‑80 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 any hearing
or investigation. The court may compel obedience to its order by
proceedings for contempt.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑95)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑95.
Subpoena power; oaths.
The Department shall have
power to subpoena and bring
before it any person in this State and to take testimony, either orally or
by deposition or both, 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 member of the Board designated by the Director
shall each have power to administer oaths to witnesses at any hearing which
the Department is authorized to conduct under this Act, and any other oaths
required or authorized to be administered by the Department under this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑100)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑100.
Board report.
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. The report shall contain a
finding whether or not the accused person violated this Act or failed to
comply with the conditions required in this Act. The report shall specify
the nature of the violation or failure to comply, and the Board shall
make its recommendations to the Director.
The report of findings of fact, conclusions of law, and recommendation of
the Board shall be the basis for the Department's order of
refusal or
for the granting of a license or permit unless the Director shall determine
that the report is contrary to the manifest weight of the evidence, in which
case the Director may issue an order in contravention of the report. The
findings are not admissible in evidence against the person in a criminal
prosecution brought for the violation of this Act, but the hearing and
findings are not a bar to a criminal prosecution brought for the violation
of this Act.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑105)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑105.
Hearing officer.
The Director shall have the
authority to appoint an attorney
duly licensed to practice law in the State of Illinois to serve as the hearing
officer in any action before the Board to revoke, suspend, place on
probation, reprimand, fine, or take any other disciplinary action with
regard to a license. The hearing officer shall have full authority to
conduct the hearing. The Board shall have the right to have at least
one member present at any hearing conducted by such hearing officer. There
may be present at least one RN member of the
Board at any such hearing or disciplinary conference. An LPN member
or LPN educator may be present for hearings and disciplinary conferences of
an LPN. The hearing officer shall report her or his findings and
recommendations to the Board within 30 days of the receipt of the
record. The Board shall have 90 days from receipt of the report to
review the report of the hearing officer and present their findings of
fact, conclusions of law and recommendations to the Director. If the
Board fails to present its report within the 90‑day period, the
Director may issue an order based on the report of the hearing officer.
However, if the Board does present its report within the specified 90
days, the Director's order shall be based upon the report of the Board.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑110)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑110.
Motion for rehearing.
In any case involving refusal to issue,
renew, or the discipline of a license, 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 motion shall specify the particular grounds
for a rehearing. If no motion for rehearing is filed, then
upon the expiration of
the time then upon such denial the Director may enter an order in
accordance with recommendations of the Board except as
provided in Sections 20‑100 and 20‑105 of this Act. If the
respondent shall order from the
reporting service, and pay for a transcript of the record 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. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑115)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑115.
Order for rehearing.
Whenever the Director is
satisfied that substantial
justice has not been done in the revocation, suspension, or refusal to
issue or renew a license, the Director may order a hearing by the same or
another hearing officer or the Board.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑120)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑120.
Order of Director.
An order regarding any disciplinary
action or a certified copy thereof, over the seal of the Department
and purporting to be signed by the Director, shall be prima facie evidence
that:
(a) the signature is the genuine signature of the | ||
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(b) the Director is duly appointed and qualified; and
(c) the Board and the Board members are qualified to | ||
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(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98; 91‑357, eff.
7‑29‑99.)
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(225 ILCS 65/20‑125)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑125.
Restoration after suspension or revocation.
At
any time after the suspension or revocation of any
license, the Department may restore it to the accused person unless, after
an investigation and a hearing, the Department determines that restoration
is not in the public interest.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑130)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑130.
Surrender of license.
Upon revocation or suspension
of any license, the licensee shall forthwith surrender the license to the
Department and if the licensee fails to do so, the Department shall have
the right to seize the license.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑135)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑135.
Temporary suspension.
The Director may temporarily
suspend the license of a
nurse without a hearing, simultaneously with the institution of proceedings
for a hearing provided for in Section 20‑80 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. In the event
that the Director suspends, temporarily, this license without a hearing, a
hearing by the Department must be held within 30 days after the
suspension has occurred, and be concluded without appreciable delay.
Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; but if the
party is not a resident of this State, the venue shall be in Sangamon County.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑140)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑140.
Administrative Review Law.
All final
administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to the revisions of
the Administrative Review Law, and all amendments and modifications
thereof, and the rule adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑145)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑145.
Certification of record.
The Department shall not
be required to certify any record to
the Court or file any answer in court or otherwise appear in any 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 such receipt in Court shall be grounds for dismissal of the
action.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑150)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑150.
Criminal penalties.
Any person who is found to
have violated any 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. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑155)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑155.
Pending actions.
All disciplinary actions taken or pending pursuant to the Illinois Nursing
Act, approved June 14, 1951, as amended, shall, for the actions taken,
remain in effect, and for the actions pending, shall be continued, on the
effective date of this Act without having separate actions filed by
the Department.
(Source: P.A. 90‑61, eff. 12‑30‑97; 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑160)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑160.
Illinois Administrative Procedure Act.
The
Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein 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
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 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. 90‑742, eff. 8‑13‑98.)
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(225 ILCS 65/20‑165)
(Section scheduled to be repealed on January 1, 2008)
Sec. 20‑165.
Home rule preemption.
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,
either directly or indirectly, by any unit of local government, including home
rule units, except as otherwise provided in this Act.
(Source: P.A. 92‑651, eff. 7‑11‑02.)
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