HB2811 EngrossedEnrolled LRB101 10814 AMC 55944 b AN ACT concerning regulation.
8-14-18.) HB2811 EngrossedEnrolled - 2 - LRB101 10814 AMC 55944 b (5 ILCS 80/4.40 new) Sec.
It is the duty of the applicant or licensee to inform the Department of any change of address, and such HB2811 EngrossedEnrolled - 3 - LRB101 10814 AMC 55944 b changes must be made either through the Department's website or by contacting the Department.
"Email address of record" means the designated email address recorded by the Department in the applicant's HB2811 EngrossedEnrolled - 4 - LRB101 10814 AMC 55944 b application file or the licensee's license file, as maintained by the Department's licensure maintenance unit.
"Licensed prosthetist" or "LP" means a person licensed HB2811 EngrossedEnrolled - 5 - LRB101 10814 AMC 55944 b under this Act to practice prosthetics and who represents himself or herself to the public by title or description of services that includes the term "prosthetic", "prosthetist", "artificial limb", or a similar title or description of services.
(A) HB2811 EngrossedEnrolled - 6 - LRB101 10814 AMC 55944 b lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic-orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management;
"Orthotist" means a health care professional, specifically HB2811 EngrossedEnrolled - 7 - LRB101 10814 AMC 55944 b educated and trained in orthotic patient care, who measures, designs, fabricates, fits, or services orthoses and may assist in the formulation of the order and treatment plan of orthoses for the support or correction of disabilities caused by neuro-musculoskeletal diseases, injuries, or deformities.
"Pedorthic education program" means an educational program HB2811 EngrossedEnrolled - 8 - LRB101 10814 AMC 55944 b accredited by the National Commission on Orthotic and Prosthetic Education consisting of (i) a basic curriculum of instruction in foot-related pathology of diseases, anatomy, and biomechanics and (ii) a specific curriculum in pedorthic courses, including lectures covering shoes, foot orthoses, and shoe modifications, pedorthic components and materials, training and functional capabilities, pedorthic performance evaluation, prescription considerations, etiology of disease processes necessitating use of pedorthic devices, medical management, subject matter related to pediatric and geriatric problems, and lectures, demonstrations, and laboratory experiences related to the entire process of measuring and casting, fitting, fabricating, aligning, and completing pedorthic devices.
"Pedorthics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic device under an order from a licensed physician or podiatric physician for the correction or alleviation of neuromuscular or musculoskeletal HB2811 EngrossedEnrolled - 9 - LRB101 10814 AMC 55944 b dysfunction, disease, injury, or deformity.
"Prosthetist" means a health care professional, specifically educated and trained in prosthetic patient care, who measures, designs, fabricates, fits, or services prostheses and may assist in the formulation of the order and HB2811 EngrossedEnrolled - 10 - LRB101 10814 AMC 55944 b treatment plan of prostheses for the replacement of external parts of the human body lost due to amputation or congenital deformities or absences.
All HB2811 EngrossedEnrolled - 11 - LRB101 10814 AMC 55944 b applicants and licensees shall:
(b) Each member of the Board shall serve a term of 3 years, except that of the initial appointments to the Board, 2 members HB2811 EngrossedEnrolled - 12 - LRB101 10814 AMC 55944 b shall be appointed for one year, 2 members shall be appointed for 2 years, and 2 members shall be appointed for 3 years.
HB2811 EngrossedEnrolled - 13 - LRB101 10814 AMC 55944 b (a) A member Members of the Board has no liability shall be immune from suit in any action based upon a any disciplinary proceeding or other activity activities performed in good faith as a member members of the Board.
(1) possess a baccalaureate degree or higher from a HB2811 EngrossedEnrolled - 14 - LRB101 10814 AMC 55944 b college or university;
(2) have completed the amount of formal training, including, but not limited to, any hours of classroom HB2811 EngrossedEnrolled - 15 - LRB101 10814 AMC 55944 b education and clinical practice established and approved by the Department;
HB2811 EngrossedEnrolled - 16 - LRB101 10814 AMC 55944 b (a) The Department may refuse to issue or renew a license, or may revoke or suspend a license, or may suspend, place on probation, or reprimand a licensee or take other disciplinary or non-disciplinary action as the Department may deem proper, including, but not limited to, the imposition of fines not to exceed $10,000 for each violation for one or any combination of the following:
(5) A pattern of practice or other behavior that HB2811 EngrossedEnrolled - 17 - LRB101 10814 AMC 55944 b demonstrates incapacity or incompetence to practice under this Act.
Nothing in this paragraph (12) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care HB2811 EngrossedEnrolled - 18 - LRB101 10814 AMC 55944 b providers, or other entities, except as otherwise prohibited by law.
(17) Inability to practice the profession with reasonable judgment, skill, or safety as a result of a physical illness, including, but not limited to, deterioration through the aging process or loss of motor HB2811 EngrossedEnrolled - 19 - LRB101 10814 AMC 55944 b skill, or a mental illness or disability.
If In instances in which the Secretary immediately suspends a person's license for his or her failure to submit to a mental or physical examination, when directed, a hearing on that person's license must be convened by the Department within 15 HB2811 EngrossedEnrolled - 20 - LRB101 10814 AMC 55944 b days after the suspension and completed without appreciable delay.
(d) If In cases where the Department of Healthcare and Family Services (formerly Department of Public Aid) has previously determined that a licensee or a potential licensee is more than 30 days delinquent in the payment of child support and has subsequently certified the delinquency to the Department, the Department may refuse to issue or renew or may revoke or suspend that person's license or may take other disciplinary action against that person based solely upon the HB2811 EngrossedEnrolled - 21 - LRB101 10814 AMC 55944 b certification of delinquency made by the Department of Healthcare and Family Services in accordance with subsection (a)(5) of Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
(a) If any person, company, or corporation violates a provision of this Act, the Secretary may, in the name of the People of the State of Illinois and through the Attorney General of the State of Illinois or the State's Attorney of the county in which the violation is alleged to have occurred, petition for an order enjoining the violation or for an order HB2811 EngrossedEnrolled - 22 - LRB101 10814 AMC 55944 b enforcing compliance with this Act.
(d) If, Whenever in the opinion of the Department, a HB2811 EngrossedEnrolled - 23 - LRB101 10814 AMC 55944 b person, company, or corporation 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 him, her, or it.
(i) notify, in writing, the applicant or licensee of HB2811 EngrossedEnrolled - 24 - LRB101 10814 AMC 55944 b the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service of the notice, and (iii) inform the applicant or licensee that failure to file an answer will result in a default being entered against the applicant or licensee.
HB2811 EngrossedEnrolled - 25 - LRB101 10814 AMC 55944 b (e) In case the person, after receiving the notice, fails to file an answer, his or her license may, in the discretion of the Secretary, having first received the recommendation of the Board, be suspended, revoked, or placed on probationary status or be subject to whatever disciplinary action the Secretary considers proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.
The Secretary shall have the authority to appoint an attorney licensed to HB2811 EngrossedEnrolled - 26 - LRB101 10814 AMC 55944 b practice law in the State of Illinois to serve as a hearing officer in an action for refusal to issue or renew a license or to discipline a licensee.
The Secretary may temporarily suspend the license of an orthotist, prosthetist, or pedorthist without a hearing simultaneously with the institution of proceedings for a hearing under provided for in Section 95 of this Act if the Secretary finds HB2811 EngrossedEnrolled - 27 - LRB101 10814 AMC 55944 b that evidence in his or her possession indicates that a licensee's continuation in practice would constitute an imminent danger to the public.
The Department shall not be required to certify any record to the court or HB2811 EngrossedEnrolled - 28 - LRB101 10814 AMC 55944 b file any answer in court or to otherwise appear in any court in a judicial review proceeding unless and until the Department has received from the plaintiff 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, which cost shall be determined by the Department.
The notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed HB2811 EngrossedEnrolled - 29 - LRB101 10814 AMC 55944 b or emailed to the last known address or email address of record a party.
HB2811 EngrossedEnrolled - 30 - LRB101 10814 AMC 55944 b Section 99.