Illinois Compiled Statutes/Respiratory Care Practice Act

by State of Illinois

PROFESSIONS AND OCCUPATIONS (225 ILCS 106/) Respiratory Care Practice Act.

(225 ILCS 106/1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 1. Short title. This Act may be cited as the Respiratory Care Practice Act.

(Source: P.A. 89‑33, eff. 1‑1‑96.)

(225 ILCS 106/5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 5. Declaration of public policy.

The practice of respiratory care is hereby declared to affect the public health, safety, and welfare and to be subject to regulation in the public interest. The purpose of the Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a license and hold the title of respiratory care practitioner, to promote high standards of professional performance for those licensed to practice respiratory care in the State of Illinois, and to protect the public from unprofessional conduct by persons licensed to practice respiratory care.

(Source: P.A. 89‑33, eff. 1‑1‑96.)

(225 ILCS 106/10)

(Section scheduled to be repealed on January 1, 2016)

Sec. 10. Definitions.

In this Act:

"Advanced practice nurse" means an advanced practice nurse licensed under the Nurse Practice Act.

"Board" means the Respiratory Care Board appointed by the Director.

"Basic respiratory care activities" means and includes all of the following activities:

(1) Cleaning, disinfecting, and sterilizing equipment used in the practice of respiratory care as delegated by a licensed health care professional or other authorized licensed personnel.

(2) Assembling equipment used in the practice of respiratory care as delegated by a licensed health care professional or other authorized licensed personnel.

(3) Collecting and reviewing patient data through non‑invasive means, provided that the collection and review does not include the individual's interpretation of the clinical significance of the data. Collecting and reviewing patient data includes the performance of pulse oximetry and non‑invasive monitoring procedures in order to obtain vital signs and notification to licensed health care professionals and other authorized licensed personnel in a timely manner.

(4) Maintaining a nasal cannula or face mask for oxygen therapy in the proper position on the patient's face.

(5) Assembling a nasal cannula or face mask for oxygen therapy at patient bedside in preparation for use.

(6) Maintaining a patient's natural airway by physically manipulating the jaw and neck, suctioning the oral cavity, or suctioning the mouth or nose with a bulb syringe.

(7) Performing assisted ventilation during emergency resuscitation using a manual resuscitator.

(8) Using a manual resuscitator at the direction of a licensed health care professional or other authorized licensed personnel who is present and performing routine airway suctioning. These activities do not include care of a patient's artificial airway or the adjustment of mechanical ventilator settings while a patient is connected to the ventilator.

"Basic respiratory care activities" does not mean activities that involve any of the following:

(1) Specialized knowledge that results from a course of education or training in respiratory care.

(2) An unreasonable risk of a negative outcome for the patient.

(3) The assessment or making of a decision concerning patient care.

(4) The administration of aerosol medication or oxygen.

(5) The insertion and maintenance of an artificial airway.

(6) Mechanical ventilatory support.

(7) Patient assessment.

(8) Patient education.

"Department" means the Department of Professional Regulation.

"Director" means the Director of Professional Regulation.

"Licensed" means that which is required to hold oneself out as a respiratory care practitioner as defined in this Act.

"Licensed health care professional" means a physician licensed to practice medicine in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to transmit orders to a respiratory care practitioner, or a physician assistant who has been delegated the authority to transmit orders to a respiratory care practitioner by his or her supervising physician.

"Order" means a written, oral, or telecommunicated authorization for respiratory care services for a patient by ::(i) a licensed health care professional who maintains medical supervision of the patient and makes a diagnosis or verifies that the patient's condition is such that it may be treated by a respiratory care practitioner or ::(ii) a certified registered nurse anesthetist in a licensed hospital or ambulatory surgical treatment center.

"Other authorized licensed personnel" means a licensed respiratory care practitioner, a licensed registered nurse, or a licensed practical nurse whose scope of practice authorizes the professional to supervise an individual who is not licensed, certified, or registered as a health professional.

"Proximate supervision" means a situation in which an individual is responsible for directing the actions of another individual in the facility and is physically close enough to be readily available, if needed, by the supervised individual.

"Respiratory care" and "cardiorespiratory care" mean preventative services, evaluation and assessment services, therapeutic services, and rehabilitative services under the order of a licensed health care professional or a certified registered nurse anesthetist in a licensed hospital for an individual with a disorder, disease, or abnormality of the cardiopulmonary system. These terms include, but are not limited to, measuring, observing, assessing, and monitoring signs and symptoms, reactions, general behavior, and general physical response of individuals to respiratory care services, including the determination of whether those signs, symptoms, reactions, behaviors, or general physical responses exhibit abnormal characteristics; the administration of pharmacological and therapeutic agents related to respiratory care services; the collection of blood specimens and other bodily fluids and tissues for, and the performance of, cardiopulmonary diagnostic testing procedures, including, but not limited to, blood gas analysis; development, implementation, and modification of respiratory care treatment plans based on assessed abnormalities of the cardiopulmonary system, respiratory care guidelines, referrals, and orders of a licensed health care professional; application, operation, and management of mechanical ventilatory support and other means of life support; and the initiation of emergency procedures under the rules promulgated by the Department. A respiratory care practitioner shall refer to a physician licensed to practice medicine in all its branches any patient whose condition, at the time of evaluation or treatment, is determined to be beyond the scope of practice of the respiratory care practitioner.

"Respiratory care education program" means a course of academic study leading to eligibility for registry or certification in respiratory care. The training is to be approved by an accrediting agency recognized by the Board and shall include an evaluation of competence through a standardized testing mechanism that is determined by the Board to be both valid and reliable.

"Respiratory care practitioner" means a person who is licensed by the Department of Professional Regulation and meets all of the following criteria:

(1) The person is engaged in the practice of cardiorespiratory care and has the knowledge and skill necessary to administer respiratory care.

(2) The person is capable of serving as a resource to the licensed health care professional in relation to the technical aspects of cardiorespiratory care and the safe and effective methods for administering cardiorespiratory care modalities.

(3) The person is able to function in situations of unsupervised patient contact requiring great individual judgment.

(Source

P.A. 94‑523, eff. 1‑1‑06; 95‑639, eff. 10‑5‑07.)

   (225 ILCS 106/15) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 15. Exemptions. 
   (a) This Act does not prohibit a person legally regulated in this State by any other Act from engaging in any practice for which he or she is authorized. 
   (b) Nothing in this Act shall prohibit the practice of respiratory care by a person who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of the employee's official duties. 
   (c) Nothing in this Act shall be construed to limit the activities and services of a person enrolled in an approved course of study leading to a degree or certificate of registry or certification eligibility in respiratory care if these activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates his or her status as a student or trainee. Status as a student or trainee shall not exceed 3 years from the date of enrollment in an approved course. 
   (d) Nothing in this Act shall prohibit a person from treating ailments by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination. 
   (e) Nothing in this Act shall be construed to prevent a person who is a registered nurse, an advanced practice nurse, a licensed practical nurse, a physician assistant, or a physician licensed to practice medicine in all its branches from providing respiratory care. 
   (f) Nothing in this Act shall limit a person who is credentialed by the National Society for Cardiopulmonary Technology or the National Board for Respiratory Care from performing pulmonary function tests and respiratory care procedures related to the pulmonary function test. 
   (g) Nothing in this Act shall prohibit the collection and analysis of blood by clinical laboratory personnel meeting the personnel standards of the Illinois Clinical Laboratory Act. 
   (h) Nothing in this Act shall prohibit a polysomnographic technologist, technician, or trainee, as defined in the job descriptions jointly accepted by the American Academy of Sleep Medicine, the Association of Polysomnographic Technologists, the Board of Registered Polysomnographic Technologists, and the American Society of Electroneurodiagnostic Technologists, from performing activities within the scope of practice of polysomnographic technology while under the direction of a physician licensed in this State. 
   (i) Nothing in this Act shall prohibit a family member from providing respiratory care services to an ill person. 
   (j) Nothing in this Act shall be construed to limit an unlicensed practitioner in a licensed hospital who is working under the proximate supervision of a licensed health care professional or other authorized licensed personnel and providing direct patient care services from performing basic respiratory care activities if the unlicensed practitioner (i) has been trained to perform the basic respiratory care activities at the facility that employs or contracts with the individual and (ii) at a minimum, has annually received an evaluation of the unlicensed practitioner's performance of basic respiratory care activities documented by the facility. 
   (k) Nothing in this Act shall be construed to prohibit a person enrolled in a respiratory care education program or an approved course of study leading to a degree or certification in a health care‑related discipline that provides respiratory care activities within his or her scope of practice and employed in a licensed hospital in order to provide direct patient care services under the direction of other authorized licensed personnel from providing respiratory care activities. 

(Source: P.A. 96‑456, eff. 8‑14‑09.)

   (225 ILCS 106/20) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 20. Restrictions and limitations. 
   (a) No person shall, without a valid license as a respiratory care practitioner (i) hold himself or herself out to the public as a respiratory care practitioner; (ii) use the title "respiratory care practitioner"; or (iii) perform the duties of a respiratory care practitioner, except as provided in Section 15 of this Act. 
   (b) Nothing in the Act shall be construed to permit a person licensed as a respiratory care practitioner to engage in any manner in the practice of medicine in all its branches as defined by State law. 

(Source: P.A. 94‑523, eff. 1‑1‑06.)

   (225 ILCS 106/25) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 25. Emergency care; civil liability. Exemption from civil liability for emergency care is as provided in the Good Samaritan Act. 

(Source: P.A. 89‑33, eff. 1‑1‑96; 89‑607, eff. 1‑1‑97.)

   (225 ILCS 106/30) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 30. Powers and duties of the Department. Subject to the provision of this Act, the Department may: 
   (a) Authorize examinations to ascertain the qualifications and fitness of an applicant for licensure as a respiratory care practitioner. 
   (b) Pass upon the qualifications of an applicant for licensure by endorsement. 
   (c) Conduct hearings on proceedings to refuse to issue, renew, or revoke a license or to suspend, place on probation, or reprimand a person licensed under this Act. 
   (d) Formulate rules required for the administration of this Act. Notice of proposed rulemaking shall be transmitted to the Board, and the Department shall review the Board's response and any recommendations made in the response. 
   (e) Solicit the advice and expert knowledge of the Board on any matter relating to the administration and enforcement of this Act. 
   (f) Issue a quarterly report to the Board of the status of all complaints related to licensed practitioners received by the Department. 
   (g) Maintain a roster of the names and addresses of all licenses and all persons whose licenses have been suspended, revoked, or denied renewal for cause within the previous calendar year. The roster shall be available upon written request and payment of the required fee. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/35) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 35. Respiratory Care Board. 
   (a) The Director shall appoint a Respiratory Care Board which shall serve in an advisory capacity to the Director. The Board shall consist of 9 persons of which 4 members shall be currently engaged in the practice of respiratory care with a minimum of 3 years practice in the State of Illinois, 3 members shall be qualified medical directors, and 2 members shall be hospital administrators. 
   (b) Members shall be appointed to a 3‑year term; except, initial appointees shall serve the following terms: 3 members shall serve for one year, 3 members shall serve for 2 years, and 3 members shall serve for 3 years. A member whose term has expired shall continue to serve until his or her successor is 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 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. 
   (c) The membership of the Board shall reasonably represent all the geographic areas in this State. The Director shall consider the recommendations of the organization representing the largest number of respiratory care practitioners for appointment of the respiratory care practitioner members of the Board and the organization representing the largest number of physicians licensed to practice medicine in all its branches for the appointment of medical directors to the board. 
   (d) The Director has the authority to remove any member of the Board from office for neglect of any duty required by law, for incompetence, or for unprofessional or dishonorable conduct. 
   (e) The Director shall consider the recommendations of the Board on questions involving standards of professional conduct, discipline, and qualifications of candidates for licensure under this Act. 
   (f) The members of the Board shall be reimbursed for all legitimate and necessary expenses incurred in attending meetings of the Board. 

(Source: P.A. 94‑523, eff. 1‑1‑06.)

   (225 ILCS 106/40) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 40. Application for original license. Applications for original license shall be made to the Department on forms prescribed by the Department and accompanied by the appropriate documentation and the required fee, which is not refundable. All applications shall contain information that, in the judgement of the Department, will enable the Department to pass on the qualifications of the applicant for a license as a respiratory care practitioner. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/42) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 42. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original license under this Act shall include the applicant's Social Security Number, which shall be retained in the agency's records pertaining to the license. As soon as practical, the Department shall assign a customer's identification number to each applicant for a license.
   Every application for a renewal or restored license shall require the applicant's customer identification number. 

(Source: P.A. 97‑400, eff. 1‑1‑12.)

   (225 ILCS 106/45) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 45. Examination; failure or refusal to take examination. 
   (a) The Department shall authorize examinations of applicants as respiratory care practitioners at the times and places as it may determine. The examination shall test the competence and qualifications of the applicant to practice respiratory care. 
   (b) Applicants for examination shall 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, shall result in the forfeiture of the examination fee. 
   (c) If an applicant neglects, fails, or refuses to take an examination, or fails to pass an examination for a license under this Act within 3 years after filing an application, the application shall be denied and the fee forfeited. However, the applicant may thereafter submit a new application accompanied by the required fee. The applicant shall meet the requirements in force at the time of making the new application. 
   (d) The Department may employ consultants for the purpose of preparing and conducting examinations. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/50) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 50. Qualifications for a license. 
   (a) A person is qualified to be licensed as a licensed respiratory care practitioner, and the Department may issue a license authorizing the practice of respiratory care to an applicant who: 
       (1) has applied in writing on the prescribed form
   	

and has paid the required fee;

       (2) has successfully completed a respiratory care
   	

training program approved by the Department;

       (3) has successfully passed an examination for the
   	

practice of respiratory care authorized by the Department, within 5 years of making application; and

       (4) has paid the fees required by this Act. 
   Any person who has received certification by any state or national organization whose standards are accepted by the Department as being substantially similar to the standards in this Act may apply for a respiratory care practitioner license without examination. 
   (b) Beginning 6 months after December 31, 2005, all individuals who provide satisfactory evidence to the Department of 3 years of experience, with a minimum of 400 hours per year, in the practice of respiratory care during the 5 years immediately preceding December 31, 2005 shall be issued a license, unless the license may be denied under Section 95 of this Act. This experience must have been obtained while under the supervision of a certified respiratory therapist, a registered respiratory therapist, or a licensed registered nurse or under the supervision or direction of a licensed health care professional. All applications for a license under this subsection (b) shall be postmarked within 12 months after December 31, 2005. 
   (c) A person may practice as a respiratory care practitioner if he or she has applied in writing to the Department in form and substance satisfactory to the Department for a license as a licensed respiratory care practitioner and has complied with all the provisions under this Section except for the passing of an examination to be eligible to receive such license, until the Department has made the decision that the applicant has failed to pass the next available examination authorized by the Department or has failed, without an approved excuse, to take the next available examination authorized by the Department or until the withdrawal of the application, but not to exceed 6 months. An applicant practicing professional registered respiratory care under this subsection (c) who passes the examination, however, may continue to practice under this subsection (c) until such time as he or she receives his or her license to practice or until the Department notifies him or her that the license has been denied. No applicant for licensure practicing under the provisions of this subsection (c) shall practice professional respiratory care except under the direct supervision of a licensed health care professional or authorized licensed personnel. In no instance shall any such applicant practice or be employed in any supervisory capacity.

(Source: P.A. 94‑523, eff. 1‑1‑06.)

   (225 ILCS 106/55) 
   Sec. 55. (Repealed). 

(Source: P.A. 91‑259, eff. 1‑1‑00. Repealed by P.A. 94‑523, eff. 1‑1‑06.)

   (225 ILCS 106/60) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 60. Professional identification; advertising. 
   (a) A person who is licensed with the Department of Professional Regulation in this State may use the title "respiratory care practitioner" and the abbreviation "RCP". 
   (b) A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act. 

(Source: P.A. 91‑310, eff. 1‑1‑00; 91‑357, eff. 7‑29‑99.)

   (225 ILCS 106/65) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 65. Licenses; renewal; restoration; inactive status. 
   (a) The expiration date and renewal period for each license issued under this Act shall be set by rule. The licensee may renew a license during the 30 day period preceding its expiration date by paying the required fee and demonstrating compliance with any continuing education requirements. 
   (b) A person who has permitted a license to expire or who has a license on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the license restored, including, if appropriate, evidence that is satisfactory to the Department certifying the active practice of respiratory care in another jurisdiction and by paying the required fee. 
   A person practicing on an expired license is considered to be practicing without a license. 
   (c) If the person has not maintained an active practice that is satisfactory to the Department in another jurisdiction, the Department shall determine the person's fitness to resume active status. The Department may require the person to complete a specified period of evaluated respiratory care and may require successful completion of an examination. 
   (d) A person whose license expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia, or while in training or education under the supervision of the United States government before induction into the military service may have his or her license restored without paying a renewal fee if, within 2 years after the termination of his or her service, training, or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training, or education has been terminated. 
   (e) A license to practice shall not be denied any applicant because of the applicant's race, religion, creed, national origin, political beliefs, or activities, age, sex, sexual orientation, or physical impairment. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/70) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 70. Inactive status. A person 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 a desire to resume active status. 
   A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Section 65 of this Act. 
   Practice by a respiratory care practitioner whose license is in an inactive status shall be considered to be the unlicensed practice of respiratory care and shall be grounds for discipline under this Act. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/75) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 75. Fees. The Department shall provide by rule for a schedule of fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration. The fees shall be nonrefundable. 
   All of the fees collected under this Act shall be deposited into the General Professions Dedicated Fund. The monies deposited into the General Professions Dedicated Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department. Monies in the General Professions Dedicated Fund may be invested and reinvested, with all earnings received from investments to be deposited into that Fund and used for the same purposes as fees deposited in that Fund. 

(Source: P.A. 91‑454, eff. 1‑1‑00.)

   (225 ILCS 106/80) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 80. 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 certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate 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 or certificate 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.)

   (225 ILCS 106/85) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 85. Endorsement. 
   (a) The Department may issue a license as a respiratory care practitioner without the required examination, to an applicant licensed under the laws of another state or United States jurisdiction whose standards in the opinion of the Department, are substantially equivalent at the date of his or her licensure in the other jurisdiction to the requirements of this Act or the applicant, at the time of licensure, possessed individual qualifications which were substantially equivalent to the requirements of this Act. The applicant shall pay all of the required fees. 
   (b) An applicant shall have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/90) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 90. Continuing education. Proof of having met the minimum requirement of continuing education as determined by the Department shall be required of all license and certificate renewals. Pursuant to rule, the continuing education requirement may upon petition be waived in whole or in part if the respiratory care practitioner can demonstrate that he or she had served in the Coast Guard or Armed Forces, had an extreme hardship as defined by rule, or obtained the license or certification by examination or endorsement within the preceding renewal period. 
   The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees; by requiring the filing of continuing education certificates with the Department; or by other means established by the Department. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/95) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 95. Grounds for discipline. 
   (a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department considers appropriate, including the issuance of fines not to exceed $5,000 for each violation, with regard to any license for any one or more of the following: 
       (1) Material misstatement in furnishing information
   	

to the Department or to any other State or federal agency.

       (2) Violations of this Act, or any of its rules. 
       (3) Conviction of any crime under the laws of the
   	

United States or any state or territory thereof that is a felony or a misdemeanor, an essential element of which is dishonesty, or of any crime that is directly related to the practice of the profession.

       (4) Making any misrepresentation for the purpose of
   	

obtaining a license.

       (5) Professional incompetence or negligence in the
   	

rendering of respiratory care services.

       (6) Malpractice. 
       (7) Aiding or assisting another person in violating
   	

any rules or provisions of this Act.

       (8) Failing to provide information within 60 days in
   	

response to a written request made by the Department.

       (9) Engaging in dishonorable, unethical, or
   	

unprofessional conduct of a character likely to deceive, defraud, or harm the public.

       (10) Violating the rules of professional conduct
   	

adopted by the Department.

       (11) Discipline by another jurisdiction, if at least
   	

one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.

       (12) Directly or indirectly giving to or receiving
   	

from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually rendered. Nothing in this paragraph (12) affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (12) shall be construed to require an employment arrangement to receive professional fees for services rendered.

       (13) A finding by the Department that the licensee,
   	

after having the license placed on probationary status, has violated the terms of the probation.

       (14) Abandonment of a patient. 
       (15) Willfully filing false reports relating to a
   	

licensee's practice including, but not limited to, false records filed with a federal or State agency or department.

       (16) Willfully failing to report an instance of
   	

suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.

       (17) Providing respiratory care, other than pursuant
   	

to an order.

       (18) Physical or mental disability including, but not
   	

limited to, deterioration through the aging process or loss of motor skills that results in the inability to practice the profession with reasonable judgment, skill, or safety.

       (19) Solicitation of professional services by using
   	

false or misleading advertising.

       (20) Failure to file a tax return, or to pay the tax,
   	

penalty, or interest shown in a filed return, or to pay any final assessment of tax penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue or any successor agency or the Internal Revenue Service or any successor agency.

       (21) Irregularities in billing a third party for
   	

services rendered or in reporting charges for services not rendered.

       (22) Being named as a perpetrator in an indicated
   	

report by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act, and upon proof by clear and convincing evidence that the licensee has caused a child to be an abused child or neglected child as defined in the Abused and Neglected Child Reporting Act.

       (23) Habitual or excessive use or addiction to
   	

alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an inability to practice with reasonable skill, judgment, or safety.

       (24) Being named as a perpetrator in an indicated
   	

report by the Department on Aging under the Elder Abuse and Neglect Act, and upon proof by clear and convincing evidence that the licensee has caused an elderly person to be abused or neglected as defined in the Elder Abuse and Neglect Act.

       (25) Willfully failing to report an instance of
   	

suspected elder abuse or neglect as required by the Elder Abuse and Neglect Act.

   (b) The determination by a court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her license. The suspension will end upon a finding by a court that the licensee is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Director that the licensee be allowed to resume his or her practice. 

(Source: P.A. 96‑1482, eff. 11‑29‑10.)

   (225 ILCS 106/97) 
   (Section scheduled to be repealed on January 1, 2016)
   Sec. 97. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 17‑10.5 or 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full. 

(Source: P.A. 96‑1551, eff. 7‑1‑11.)

   (225 ILCS 106/100) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 100. Violations; injunctions; cease and desist order. 
   (a) If a person violates any provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General, petition for an order enjoining the violation or an order enforcing compliance with this Act. Upon the filling of a verified petition, the court with appropriate jurisdiction may issue a temporary restraining order without notice or bond 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 are in addition to all other remedies and penalties provided by this Act. 
   (b) If a person holds himself or herself out as being a respiratory care practitioner under this Act and is not licensed to do so, then any licensed respiratory care practitioner, interested party, or injured person may petition for relief as provided in subsection (a) of this Section. 
   (c) Whenever, in the opinion of the Department, a person violates any 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 satisfactory to the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/105) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 105. Investigations; notice; hearing. The Department may investigate the actions of an applicant, a licensee, or a person claiming to hold a license. The Department shall, before revoking, suspending, placing on probation, reprimanding, or taking any other disciplinary action under Section 95 of this Act, at least 30 days before the date set for the hearing (i) notify the accused, in writing, of any 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 with the Board under oath within 20 days after the service upon him or her of the notice, and (iii) inform the accused that, if he or she fails to answer, default will be taken against him or her or his or her license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action taken with regard to the license, including limiting the scope, nature, or extent of his or her practice, without a hearing, as the Department may consider proper. In case the person, after receiving notice, fails to file an answer, his or her license may, in the discretion of the Department, be suspended, revoked, placed on probationary status, or the Department may take whatever disciplinary action is considered 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 an action under this Act. The written notice may be served by personal delivery or certified mail to the address specified by the accused in his or her last notification to the Department. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/110) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 110. Record of proceedings; transcript. The Department, at its expense, shall preserve the record of all proceedings at a formal hearing of any case. The notice of hearing, complaint, 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 orders of the Department shall be in 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. 91‑239, eff. 1‑1‑00.)

   (225 ILCS 106/115) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 115. Subpoena; depositions; oaths. The Department has the power to subpoena and to bring before it any person, exhibit, book, document, record, file, or any other material and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as proscribed in civil cases in the courts of this State. 
   The Director, the designated hearing officer, and every member of the Board has the power to administer oaths to witnesses at any hearing which the Department is authorized to conduct, and any other oaths authorized in any Act administered by the Department. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/120) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 120. Compelling testimony. Any court, upon application of the Department, designated hearing officer, applicant, or licensee against whom proceedings under Section 95 of this Act are pending, may enter an order requiring 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. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/125) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 125. Findings and recommendations. 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 of whether the licensee violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Director. 
   The report of findings of fact, conclusions of law, and recommendations of the Board shall be the basis for the Department's order for refusal or for the granting of a license or for any other disciplinary action. If the Director disagrees with the recommendation of the Board, the Director may issue an order in contravention of the Board's recommendation. The Director shall provide a written report to the Board on any disagreement and shall specify the reasons for the action in the final order. The report of findings of fact is not admissible in evidence against the person in a criminal prosecution brought for violation of this Act, but the hearing and findings of fact are not a bar to a criminal prosecution brought for the violation of this Act. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/130) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 130. Board; rehearing. In any case involving the refusal to issue or renew a registration, or the discipline of a registrant, 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 calendar days after service of the notice, the respondent may present to the Department a motion in writing for a rehearing. The motion shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing a motion (or, if a motion for rehearing is denied, then upon denial) the Director may enter an order in accordance with recommendation of the Board, except as provided in Section 45. If the respondent orders from the reporting service, and pays for a transcript of the record within the time for filing a motion for rehearing, the 20 calendar day period within which a motion may be filed shall commence upon the delivery of the transcript to the respondent. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/135) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 135. Director; rehearing. Whenever the Director believes justice has not been done in the revocation, suspension, refusal to issue or renew a license, or the discipline of a licensee, he or she may order a rehearing. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/140) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 140. Appointment of a hearing officer. The Director has the authority to appoint an attorney, licensed to practice law in the State of Illinois, to serve as a hearing officer in any action for refusal to issue or renew a license or to discipline a licensee. The hearing officer has full authority to conduct the hearing. At least one member of the Board shall attend each hearing. The hearing officer shall report his or her findings of fact, conclusions of law, and recommendations to the Board and to the Director. The Board shall have 60 calendar days from receipt of the report to review it and to present its findings of fact, conclusions of law, and recommendations to the Director. If the Board does not present its report within the 60 day period, the Director may issue an order based on the report of the hearing officer. If the Director disagrees with the recommendation of the Board or the hearing officer, the Director may issue an order in contravention of the recommendation. 
   The Director shall promptly provide a written explanation to the Board on any such disagreement. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/145) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 145. Order or certified copy; prima facie proof. An order or a certified copy, over the seal of the Department and purporting to be signed by the Director, is prima facie proof that: 
   (1) the signature is the genuine signature of the Director; 
   (2) the Director is duly appointed and qualified; and 
   (3) the Board and the members thereof are qualified to act. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/150) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 150. Restoration of suspended or revoked license. At any time after the suspension or revocation of any license, the Department may restore the license to the licensee upon the written recommendation of the Board, unless after an investigation and hearing the Board determines that restoration is not in the public interest. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/155) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 155. Surrender of license. Upon the revocation or suspension of a license, the licensee shall immediately surrender his or her license to the Department. If the licensee fails to do so, the Department has the right to seize the license. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/160) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 160. Summary suspension of license. The Director may summarily suspend the license of a respiratory care practitioner without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 105 of this Act, if the Director finds that evidence in his or her possession indicates that the continuation of practice by the respiratory care practitioner would constitute an imminent danger to the public. In the event that the Director summarily suspends the license of an individual without a hearing, a hearing must be held within 30 calendar days after the suspension has occurred. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/165) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 165. Administrative review; venue. 
   (a) All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure. 
   (b) 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 Illinois, the venue shall be in Sangamon County. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/170) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 170. Certification of record; costs. The Department shall not be required to certify any record to the court, or file an 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 a receipt is grounds for dismissal of the action. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/175) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 175. Violations. Unless otherwise specified, a person found to have violated any provision of this Act is guilty of a Class A misdemeanor for the first offense and a Class 4 felony for second and subsequent offenses. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/180) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 180. Administrative Procedure Act; application. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated in this Act as if all of the provisions of the Act were included in this Act. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/185) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 185. Home rule. The regulation and licensing of a respiratory care practitioner is the exclusive power and function of the State. A home rule unit may not regulate or register respiratory care practitioners. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. 

(Source: P.A. 89‑33, eff. 1‑1‑96.)

   (225 ILCS 106/900) 
   (Section scheduled to be repealed on January 1, 2016) 
   Sec. 900. (Amendatory provisions; text omitted). 

(Source: P.A. 89‑33, eff. 1‑1‑96; text omitted.)