HB4777eng 95TH GENERAL ASSEMBLY

HB4777 Engrossed LRB095 15666 RAS 41671 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Perfusionist Practice Act is amended by changing Sections 45 and 70 and by adding Section 75 as follows:

(225 ILCS 125/45)

(Section scheduled to be repealed on January 1, 2010)

Sec. 45. Application of Act. This Act shall not be construed to prohibit the following:

(1) a person licensed in this State under any other Act from engaging in the practice for which he or she is licensed;

(2) a student enrolled in an accredited perfusion education program from performing perfusion services if perfusion services performed by the student:

(A) are an integral part of the student's course of study; and

(B) are performed under the direct supervision of a licensed perfusionist who is assigned to supervise the student and who is on duty and immediately available in the assigned patient care area;

(3) a new graduate from performing perfusion services for a period of 14 months after the date of his or her graduation from a Commission on Accreditation of Allied Health Education Programs accredited perfusion education program, if perfusion services performed by the new graduate perfusionist: (A) are necessary to fulfill the eligibility requirements for the ABCP certification examination required under subsection (3) of Section 30; and (B) are performed under the direct supervision and responsibility of a licensed perfusionist or a physician licensed to practice medicine in all of its branches who is assigned to supervise the new graduate perfusionist and who is on duty and immediately available in the assigned patient care area;

(4) any legally qualified perfusionist employed by the United States government from engaging in the practice of perfusion while in the discharge of his or her official duties; or

(5) one or more licensed perfusionists from forming a professional service corporation in accordance with the Professional Service Corporation Act.

(Source: P.A. 91-580, eff. 1-1-00.)

(225 ILCS 125/70)

(Section scheduled to be repealed on January 1, 2010)

Sec. 70. Renewal, reinstatement or restoration of license; continuing education; military service. The expiration date and renewal period for each license issued under this Act shall be set by the Department by rule. The renewal period for licenses issued under this Act shall be every 2 years. A licensee may renew his or her 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. As a condition of renewal, a licensee must show proof of continued and current national certification. Renewal shall be conditioned on paying the required fee and meeting other requirements as may be established by rule.

A licensee who has permitted his or her license to expire or who has had his or her license on inactive status may have the license restored by making application to the Department, by filing proof acceptable to the Department of his or her fitness to have the license restored, and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction.

If the licensee has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his or her fitness for restoration of the license and shall establish procedures and requirements for restoration. However, a licensee whose license expired while he or she was (1) in federal service on active duty with the Armed Forces of the United States or the State Militia called into service or training or (2) in training or education under the supervision of the United States before induction into the military service, may have the license restored without paying any lapsed renewal fees if within 2 years after honorable termination of the service, training, or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training, or education has been so terminated.

(Source: P.A. 91-580, eff. 1-1-00.)

(225 ILCS 125/75 new)

Sec. 75. Continued education. Each licensee must complete 30 hours of continuing education during each 2-year license renewal period. The Department may, but is not required to, approve continuing education programs offered, provided, and approved by the American Board of Cardiovascular Perfusion or its successor agency to meet the 30-hour continuing education requirement set forth in this Section.

All licensees must maintain records of completion of the required continuing education hours set forth under this Section and be prepared to produce such records upon request by the Department.

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect upon becoming law.