Bill Text: IL SB0659 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Foreign Bank Representative Office Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Engrossed) 2019-06-28 - House Floor Amendment No. 4 Rule 19(c) / Re-referred to Rules Committee [SB0659 Detail]

Download: Illinois-2019-SB0659-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.30 and by adding Section 4.40 as follows:
6 (5 ILCS 80/4.30)
7 Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9 The Auction License Act.
10 The Community Association Manager Licensing and
11Disciplinary Act.
12 The Illinois Architecture Practice Act of 1989.
13 The Illinois Landscape Architecture Act of 1989.
14 The Illinois Professional Land Surveyor Act of 1989.
15 The Orthotics, Prosthetics, and Pedorthics Practice Act.
16 The Perfusionist Practice Act.
17 The Pharmacy Practice Act.
18 The Professional Engineering Practice Act of 1989.
19 The Real Estate License Act of 2000.
20 The Structural Engineering Practice Act of 1989.
21(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
22100-863, eff. 8-14-18.)

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1 (5 ILCS 80/4.40 new)
2 Sec. 4.40. Act repealed on January 1, 2030. The following
3Act is repealed on January 1, 2030:
4 The Pharmacy Practice Act.
5 Section 10. The Pharmacy Practice Act is amended by
6changing Sections 30, 33, 35.3, 35.5, 35.9, 35.10 and 35.21 as
7follows:
8 (225 ILCS 85/30) (from Ch. 111, par. 4150)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 30. Refusal, revocation, suspension, or other
11discipline.
12 (a) The Department may refuse to issue or renew, or may
13revoke a license, or may suspend, place on probation, fine, or
14take any disciplinary or non-disciplinary action as the
15Department may deem proper, including fines not to exceed
16$10,000 for each violation, with regard to any licensee for any
17one or combination of the following causes:
18 1. Material misstatement in furnishing information to
19 the Department.
20 2. Violations of this Act, or the rules promulgated
21 hereunder.
22 3. Making any misrepresentation for the purpose of
23 obtaining licenses.
24 4. A pattern of conduct which demonstrates

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1 incompetence or unfitness to practice.
2 5. Aiding or assisting another person in violating any
3 provision of this Act or rules.
4 6. Failing, within 60 days, to respond to a written
5 request made by the Department for information.
6 7. Engaging in unprofessional, dishonorable, or
7 unethical conduct of a character likely to deceive, defraud
8 or harm the public.
9 8. Adverse action taken by another state or
10 jurisdiction against a license or other authorization to
11 practice as a pharmacy, pharmacist, registered certified
12 pharmacy technician, or registered pharmacy technician
13 that is the same or substantially equivalent to those set
14 forth in this Section, a certified copy of the record of
15 the action taken by the other state or jurisdiction being
16 prima facie evidence thereof.
17 9. Directly or indirectly giving to or receiving from
18 any person, firm, corporation, partnership, or association
19 any fee, commission, rebate or other form of compensation
20 for any professional services not actually or personally
21 rendered. Nothing in this item 9 affects any bona fide
22 independent contractor or employment arrangements among
23 health care professionals, health facilities, health care
24 providers, or other entities, except as otherwise
25 prohibited by law. Any employment arrangements may include
26 provisions for compensation, health insurance, pension, or

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1 other employment benefits for the provision of services
2 within the scope of the licensee's practice under this Act.
3 Nothing in this item 9 shall be construed to require an
4 employment arrangement to receive professional fees for
5 services rendered.
6 10. A finding by the Department that the licensee,
7 after having his license placed on probationary status has
8 violated the terms of probation.
9 11. Selling or engaging in the sale of drug samples
10 provided at no cost by drug manufacturers.
11 12. Physical illness, including but not limited to,
12 deterioration through the aging process, or loss of motor
13 skill which results in the inability to practice the
14 profession with reasonable judgment, skill or safety.
15 13. A finding that licensure or registration has been
16 applied for or obtained by fraudulent means.
17 14. Conviction by plea of guilty or nolo contendere,
18 finding of guilt, jury verdict, or entry of judgment or
19 sentencing, including, but not limited to, convictions,
20 preceding sentences of supervision, conditional discharge,
21 or first offender probation, under the laws of any
22 jurisdiction of the United States that is (i) a felony or
23 (ii) a misdemeanor, an essential element of which is
24 dishonesty, or that is directly related to the practice of
25 pharmacy.
26 15. Habitual or excessive use or addiction to alcohol,

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1 narcotics, stimulants or any other chemical agent or drug
2 which results in the inability to practice with reasonable
3 judgment, skill or safety.
4 16. Willfully making or filing false records or reports
5 in the practice of pharmacy, including, but not limited to
6 false records to support claims against the medical
7 assistance program of the Department of Healthcare and
8 Family Services (formerly Department of Public Aid) under
9 the Public Aid Code.
10 17. Gross and willful overcharging for professional
11 services including filing false statements for collection
12 of fees for which services are not rendered, including, but
13 not limited to, filing false statements for collection of
14 monies for services not rendered from the medical
15 assistance program of the Department of Healthcare and
16 Family Services (formerly Department of Public Aid) under
17 the Public Aid Code.
18 18. Dispensing prescription drugs without receiving a
19 written or oral prescription in violation of law.
20 19. Upon a finding of a substantial discrepancy in a
21 Department audit of a prescription drug, including
22 controlled substances, as that term is defined in this Act
23 or in the Illinois Controlled Substances Act.
24 20. Physical or mental illness or any other impairment
25 or disability, including, without limitation: (A)
26 deterioration through the aging process or loss of motor

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1 skills that results in the inability to practice with
2 reasonable judgment, skill or safety; or (B) mental
3 incompetence, as declared by a court of competent
4 jurisdiction.
5 21. Violation of the Health Care Worker Self-Referral
6 Act.
7 22. Failing to sell or dispense any drug, medicine, or
8 poison in good faith. "Good faith", for the purposes of
9 this Section, has the meaning ascribed to it in subsection
10 (u) of Section 102 of the Illinois Controlled Substances
11 Act. "Good faith", as used in this item (22), shall not be
12 limited to the sale or dispensing of controlled substances,
13 but shall apply to all prescription drugs.
14 23. Interfering with the professional judgment of a
15 pharmacist by any licensee under this Act, or the
16 licensee's agents or employees.
17 24. Failing to report within 60 days to the Department
18 any adverse final action taken against a pharmacy,
19 pharmacist, registered pharmacy technician, or registered
20 certified pharmacy technician by another licensing
21 jurisdiction in any other state or any territory of the
22 United States or any foreign jurisdiction, any
23 governmental agency, any law enforcement agency, or any
24 court for acts or conduct similar to acts or conduct that
25 would constitute grounds for discipline as defined in this
26 Section.

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1 25. Failing to comply with a subpoena issued in
2 accordance with Section 35.5 of this Act.
3 26. Disclosing protected health information in
4 violation of any State or federal law.
5 27. Willfully failing to report an instance of
6 suspected abuse, neglect, financial exploitation, or
7 self-neglect of an eligible adult as defined in and
8 required by the Adult Protective Services Act.
9 28. Being named as an abuser in a verified report by
10 the Department on Aging under the Adult Protective Services
11 Act, and upon proof by clear and convincing evidence that
12 the licensee abused, neglected, or financially exploited
13 an eligible adult as defined in the Adult Protective
14 Services Act.
15 (b) The Department may refuse to issue or may suspend the
16license of any person who fails to file a return, or to pay the
17tax, penalty or interest shown in a filed return, or to pay any
18final assessment of tax, penalty or interest, as required by
19any tax Act administered by the Illinois Department of Revenue,
20until such time as the requirements of any such tax Act are
21satisfied.
22 (c) The Department shall revoke any license issued under
23the provisions of this Act or any prior Act of this State of
24any person who has been convicted a second time of committing
25any felony under the Illinois Controlled Substances Act, or who
26has been convicted a second time of committing a Class 1 felony

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1under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
2person whose license issued under the provisions of this Act or
3any prior Act of this State is revoked under this subsection
4(c) shall be prohibited from engaging in the practice of
5pharmacy in this State.
6 (d) Fines may be imposed in conjunction with other forms of
7disciplinary action, but shall not be the exclusive disposition
8of any disciplinary action arising out of conduct resulting in
9death or injury to a patient. Fines shall be paid within 60
10days or as otherwise agreed to by the Department. Any funds
11collected from such fines shall be deposited in the Illinois
12State Pharmacy Disciplinary Fund.
13 (e) The entry of an order or judgment by any circuit court
14establishing that any person holding a license or certificate
15under this Act is a person in need of mental treatment operates
16as a suspension of that license. A licensee may resume his or
17her practice only upon the entry of an order of the Department
18based upon a finding by the Board that he or she has been
19determined to be recovered from mental illness by the court and
20upon the Board's recommendation that the licensee be permitted
21to resume his or her practice.
22 (f) The Department shall issue quarterly to the Board a
23status of all complaints related to the profession received by
24the Department.
25 (g) In enforcing this Section, the Board or the Department,
26upon a showing of a possible violation, may compel any licensee

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1or applicant for licensure under this Act to submit to a mental
2or physical examination or both, as required by and at the
3expense of the Department. The examining physician, or
4multidisciplinary team involved in providing physical and
5mental examinations led by a physician consisting of one or a
6combination of licensed physicians, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff, shall be those specifically designated
10by the Department. The Board or the Department may order the
11examining physician or any member of the multidisciplinary team
12to present testimony concerning this mental or physical
13examination of the licensee or applicant. No information,
14report, or other documents in any way related to the
15examination shall be excluded by reason of any common law or
16statutory privilege relating to communication between the
17licensee or applicant and the examining physician or any member
18of the multidisciplinary team. The individual to be examined
19may have, at his or her own expense, another physician of his
20or her choice present during all aspects of the examination.
21Failure of any individual to submit to a mental or physical
22examination when directed shall result in the automatic
23suspension of his or her license until such time as the
24individual submits to the examination. If the Board or
25Department finds a pharmacist, registered certified pharmacy
26technician, or registered pharmacy technician unable to

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1practice because of the reasons set forth in this Section, the
2Board or Department shall require such pharmacist, registered
3certified pharmacy technician, or registered pharmacy
4technician to submit to care, counseling, or treatment by
5physicians or other appropriate health care providers approved
6or designated by the Department as a condition for continued,
7restored reinstated, or renewed licensure to practice. Any
8pharmacist, registered certified pharmacy technician, or
9registered pharmacy technician whose license was granted,
10continued, restored reinstated, renewed, disciplined, or
11supervised, subject to such terms, conditions, or
12restrictions, and who fails to comply with such terms,
13conditions, or restrictions or to complete a required program
14of care, counseling, or treatment, as determined by the chief
15pharmacy coordinator, shall be referred to the Secretary for a
16determination as to whether the licensee shall have his or her
17license suspended immediately, pending a hearing by the Board.
18In instances in which the Secretary immediately suspends a
19license under this subsection (g), a hearing upon such person's
20license must be convened by the Board within 15 days after such
21suspension and completed without appreciable delay. The
22Department and Board shall have the authority to review the
23subject pharmacist's, registered certified pharmacy
24technician's, or registered pharmacy technician's record of
25treatment and counseling regarding the impairment.
26 (h) An individual or organization acting in good faith, and

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1not in a willful and wanton manner, in complying with this
2Section by providing a report or other information to the
3Board, by assisting in the investigation or preparation of a
4report or information, by participating in proceedings of the
5Board, or by serving as a member of the Board shall not, as a
6result of such actions, be subject to criminal prosecution or
7civil damages.
8 (i) Members of the Board shall have no liability in any
9action based upon any disciplinary proceedings or other
10activity performed in good faith as a member of the Board be
11indemnified by the State for any actions occurring within the
12scope of services on the Board, done in good faith, and not
13willful and wanton in nature. The Attorney General shall defend
14all such actions unless he or she determines either that there
15would be a conflict of interest in such representation or that
16the actions complained of were not in good faith or were
17willful and wanton.
18 If the Attorney General declines representation, the
19member shall have the right to employ counsel of his or her
20choice, whose fees shall be provided by the State, after
21approval by the Attorney General, unless there is a
22determination by a court that the member's actions were not in
23good faith or were willful and wanton.
24 The member must notify the Attorney General within 7 days
25of receipt of notice of the initiation of any action involving
26services of the Board. Failure to so notify the Attorney

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1General shall constitute an absolute waiver of the right to a
2defense and indemnification.
3 The Attorney General shall determine, within 7 days after
4receiving such notice, whether he or she will undertake to
5represent the member.
6(Source: P.A. 100-497, eff. 9-8-17.)
7 (225 ILCS 85/33) (from Ch. 111, par. 4153)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 33. The Secretary may, upon receipt of a written
10communication from the Secretary of Human Services, the
11Director of Healthcare and Family Services (formerly Director
12of Public Aid), or the Director of Public Health that
13continuation of practice of a person licensed or registered
14under this Act constitutes an immediate danger to the public,
15immediately suspend the license of such person without a
16hearing. In instances in which the Secretary immediately
17suspends a license under this Act, a hearing upon such person's
18license must be convened by the Board within 15 days after such
19suspension and completed without appreciable delay, such
20hearing held to determine whether to recommend to the Secretary
21that the person's license be revoked, suspended, placed on
22probationary status or restored reinstated, or such person be
23subject to other disciplinary action. In such hearing, the
24written communication and any other evidence submitted
25therewith may be introduced as evidence against such person;

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1provided however, the person, or his counsel, shall have the
2opportunity to discredit or impeach such evidence and submit
3evidence rebutting same.
4(Source: P.A. 100-497, eff. 9-8-17.)
5 (225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
6 (Section scheduled to be repealed on January 1, 2020)
7 Sec. 35.3. The Department, at its expense, shall preserve a
8record of all proceedings at the formal hearing of any case
9involving the refusal to issue, renew or discipline of a
10license. The notice of hearing, complaint and all other
11documents in the nature of pleadings and written motions filed
12in the proceedings, the transcript of testimony, the report of
13the Board or hearing officer, exhibits, and orders of the
14Department shall be the record of such proceeding.
15(Source: P.A. 85-796.)
16 (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
17 (Section scheduled to be repealed on January 1, 2020)
18 Sec. 35.5. The Department shall have power to subpoena and
19bring before it any person in this State and to take testimony,
20either orally or by deposition or both, with the same fees and
21mileage and in the same manner as prescribed by law in judicial
22proceedings in civil cases in circuit courts of this State. The
23Department may subpoena and compel the production of documents,
24papers, files, books, and records in connection with any

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1hearing or investigation.
2 The Secretary, hearing officer, and any member of the
3Board, shall each have power to administer oaths to witnesses
4at any hearing which the Department is authorized to conduct
5under this Act, and any other oaths required or authorized to
6be administered by the Department hereunder.
7(Source: P.A. 100-497, eff. 9-8-17.)
8 (225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 35.9. Whenever the Secretary Director is satisfied
11that substantial justice has not been done in the revocation,
12suspension or refusal to issue or renew a license or
13registration, the Secretary Director may order a rehearing by
14the same hearing officer and Board.
15(Source: P.A. 88-428.)
16 (225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
17 (Section scheduled to be repealed on January 1, 2020)
18 Sec. 35.10. None of the disciplinary functions, powers and
19duties enumerated in this Act shall be exercised by the
20Department except upon the review of the Board.
21 In all instances, under this Act, in which the Board has
22rendered a recommendation to the Director with respect to a
23particular license or certificate, the Director shall, in the
24event that he or she disagrees with or takes action contrary to

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1the recommendation of the Board, file with the Board his or her
2specific written reasons of disagreement with the Board.
3(Source: P.A. 95-689, eff. 10-29-07.)
4 (225 ILCS 85/35.21)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 35.21. Citations.
7 (a) The Department may shall adopt rules to permit the
8issuance of citations to any licensee for any violation of this
9Act or the rules. The citation shall be issued to the licensee
10or other person alleged to have committed one or more
11violations and shall contain the licensee's or other person's
12name and address, the licensee's license number, if any, a
13brief factual statement, the Sections of this Act or the rules
14allegedly violated, and the penalty imposed, which shall not
15exceed $1,000. The citation must clearly state that if the
16cited person wishes to dispute the citation, he or she may
17request in writing, within 30 days after the citation is
18served, a hearing before the Department. If the cited person
19does not request a hearing within 30 days after the citation is
20served, then the citation shall become a final,
21non-disciplinary order and any fine imposed is due and payable.
22If the cited person requests a hearing within 30 days after the
23citation is served, the Department shall afford the cited
24person a hearing conducted in the same manner as a hearing
25provided in this Act for any violation of this Act and shall

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1determine whether the cited person committed the violation as
2charged and whether the fine as levied is warranted. If the
3violation is found, any fine shall constitute discipline and be
4due and payable within 30 days of the order of the Secretary.
5Failure to comply with any final order may subject the licensed
6person to further discipline or other action by the Department
7or a referral to the State's Attorney.
8 (b) A citation must be issued within 6 months after the
9reporting of a violation that is the basis for the citation.
10 (c) Service of a citation shall be made in person,
11electronically, or by mail to the licensee at the licensee's
12address of record or email address of record.
13 (d) Nothing in this Section shall prohibit or limit the
14Department from taking further action pursuant to this Act and
15rules for additional, repeated, or continuing violations.
16(Source: P.A. 100-497, eff. 9-8-17.)
17 (225 ILCS 85/2.5 rep.)
18 (225 ILCS 85/29 rep.)
19 (225 ILCS 85/35.12 rep.)
20 Section 15. The Pharmacy Practice Act is amended by
21repealing Sections 2.5, 29, and 35.12.
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