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225 ILCS 130/ Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

(225 ILCS 130/1)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 1. Short title. This Act may be cited as the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/5)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 5. Legislative purpose. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to hold the title of registered surgical assistant and registered surgical technologist. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/10)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 10. Definitions. As used in this Act:     "Department" means the Department of Professional Regulation.     "Direct supervision" means supervision by an operating physician, licensed podiatrist, or licensed dentist who is physically present and who personally directs delegated acts and remains available to personally respond to an emergency until the patient is released from the operating room. A registered professional nurse may also provide direct supervision within the scope of his or her license. A registered surgical assistant or registered surgical technologist shall perform duties as assigned.     "Director" means the Director of Professional Regulation.     "Physician" or "operating physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.     "Registered surgical assistant" means a person who (i) is not licensed to practice medicine in all of its branches, (ii) is certified by the National Surgical Assistant Association on the Certification of Surgical Assistants, the Liaison Council on Certification for the Surgical Technologist as a certified first assistant, or the American Board of Surgical Assisting, (iii) performs duties under direct supervision, (iv) provides services only in a licensed hospital, ambulatory treatment center, or office of a physician licensed to practice medicine in all its branches, and (v) is registered under this Act.     "Registered surgical technologist" means a person who (i) is not a physician licensed to practice medicine in all of its branches, (ii) is certified by the Liaison Council on Certification for the Surgical Technologist, (iii) performs duties under direct supervision, (iv) provides services only in a licensed hospital, ambulatory treatment center, or office of a physician licensed to practice medicine in all its branches, and (v) is registered under this Act. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/15)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 15. Powers and duties of the Department.     (a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois and shall exercise any other powers and duties necessary for effectuating the purposes of this Act.     (b) The Department may adopt rules consistent with the provisions of this Act for its administration and enforcement and may prescribe forms that shall be issued in connection with this Act. The rules may include but are not limited to criteria for registration, professional conduct, and discipline. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/20)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 20. Illinois Administrative Procedure Act; rules.     (a) The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of the Illinois Administrative Procedure 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 registrant has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the registration is specifically excluded. For 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.     (b) The Director may promulgate rules for the administration and enforcement of this Act and may prescribe forms to be issued in connection with this Act. (Source: P.A. 93‑280, eff. 7‑1‑04.)

    (225 ILCS 130/25)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 25. Application for registration. An application for an initial registration shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required nonrefundable fee. An application shall require information that, in the judgment of the Department, will enable the Department to evaluate the qualifications of an applicant for registration.
    If an applicant fails to obtain a certificate of registration under this Act within 3 years after filing his or her application, the application shall be denied. The applicant may make a new application, which shall be accompanied by the required nonrefundable fee.
(Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/30)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 30. Social Security Number on registration application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored certificate of registration under this Act shall include the applicant's Social Security Number. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/35)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 35. Title protection. No person shall hold himself or herself out as a registered surgical assistant or registered surgical technologist without being so registered by the Department. This is title protection and not licensure by the Department. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/40)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 40. 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, including but not limited to a physician licensed to practice medicine in all its branches, physician assistant, advanced practice registered nurse, or nurse performing surgery‑related tasks within the scope of his or her license, nor are these individuals required to be registered under this Act.

(2) A person from engaging in practice as a surgical

assistant or surgical technologist in the discharge of his or her official duties as an employee of the United States government.

(3) One or more registered surgical assistants from

forming a professional service corporation in accordance with the Professional Service Corporation Act and applying for licensure as a corporation providing surgical assistant services.

(4) A student engaging in practice as a surgical

assistant or surgical technologist under the direct supervision of a physician licensed to practice medicine in all of its branches as part of his or her program of study at a school approved by the Department or in preparation to qualify for the examination as prescribed under Sections 45 and 50 of this Act.

(5) A person from assisting in surgery at an

operating physician's discretion, including but not limited to medical students and residents, nor are medical students and residents required to be registered under this Act.

(6) A hospital, health system or network, ambulatory

surgical treatment center, physician licensed to practice medicine in all its branches, physician medical group, or other entity that provides surgery‑related services from employing individuals that the entity considers competent to assist in surgery. These entities are not required to utilize registered surgical assistants or registered surgical technologists when providing surgery‑related services to patients. Nothing in this subsection shall be construed to limit the ability of an employer to utilize the services of any person to assist in surgery within the employment setting consistent with the individual's skill and training.

(Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/45)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 45. Registration requirements; surgical assistant. A person shall qualify for registration as a surgical assistant if he or she has applied in writing on the prescribed form, has paid the required fees, and meets all of the following requirements:         (1) Is at least 21 years of age.         (2) Has not violated a provision of Section 95 of

this Act. In addition the Department may take into consideration any felony conviction of the applicant, but a conviction shall not operate as an absolute bar to registration.

(3) Has completed a medical education program

approved by the Department or has graduated from a United States Military Program that emphasized surgical assisting.

(4) Has successfully completed a national certifying

examination approved by the Department.

(5) Is currently certified by the National Surgical

Assistant Association on the Certification of Surgical Assistants, the Liaison Council on Certification for the Surgical Technologist as a certified first assistant, or the American Board of Surgical Assisting.

(Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/50)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 50. Registration requirements; surgical technologist. A person shall qualify for registration as a surgical technologist if he or she has applied in writing on the prescribed form, has paid the required fees, and meets all of the following requirements:         (1) Is at least 18 years of age.         (2) Has not violated a provision of Section 95 of

this Act. In addition the Department may take into consideration any felony conviction of the applicant, but a conviction shall not operate as an absolute bar to registration.

(3) Has completed a surgical technologist program

approved by the Department.

(4) Has successfully completed the surgical

technologist national certification examination provided by the Liaison Council on Certification for the Surgical Technologist or its successor agency.

(6) Is currently certified by the Liaison Council on

Certification for the Surgical Technologist or its successor agency and has met the requirements set forth for certification.

(Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/55)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 55. Supervision requirement. A person registered under this Act shall practice as a surgical assistant only under direct supervision. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/60)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 60. Expiration; restoration; renewal. The expiration date and renewal period for each certificate of registration issued under this Act shall be set by the Department by rule. Renewal shall be conditioned on paying the required fee and meeting other requirements as may be established by rule.     A registrant who has permitted his or her registration to expire or who has had his or her registration on inactive status may have the registration restored by making application to the Department, by filing proof acceptable to the Department of his or her fitness to have the registration restored, and by paying the required fees. Proof of fitness may include sworn evidence certifying to active lawful practice in another jurisdiction.     If the registrant 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 registration and shall establish procedures and requirements for restoration. However, a registrant whose registration 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 registration 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. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/65)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 65. Inactive status. A registrant who notified the Department in writing on forms prescribed by the Department may elect to place his or her registration on 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 his or her intention to restore the registration. A registrant requesting restoration from inactive status shall pay the current renewal fee and shall restore his or her registration in accordance with Section 60 of this Act. A registrant whose license is on inactive status shall not hold himself or herself out as a registered surgical assistant or registered surgical technologist. To do so shall be grounds for discipline under Section 75 of this Act. (Source: P.A. 93‑280, eff. 7‑1‑04.)

(225 ILCS 130/70)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 70. Fees; returned checks.     (a) The Department shall set by rule fees for the administration of this Act, including but not limited to fees for initial and renewal registration and restoration of a certificate of registration.     (b) A 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. The Department shall notify the person that 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 registration or deny the application without a hearing. If the person seeks a license after termination or denial, 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 defray the expenses of processing the application. The Director may waive the fines due under this Section in individual cases if the Director finds that the fines would be unreasonable or unnecessarily burdensome.     (c) All of the fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund. All moneys in the Fund shall be used by the Department, as appropriated, for the ordinary and contingent expenses of the Department. (Source: P.A. 93‑280, eff. 7‑1‑04.)

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(225 ILCS 130/75)     (Section scheduled to be repealed on January 1, 2014)     (This Section may contain text from a Public Act with a delayed effective date)     Sec. 75. Grounds for disciplinary action.     (a) The Department may refuse to issue, renew, or restore a registration, may revoke or suspend a registration, or may place on probation, censure, reprimand, or take other disciplinary action with regard to a person registered under this Act, including but not limited to the imposition of fines not to exceed $5,000 for each violation, for any one or combination of the following causes:         (1) Making a material misstatement in furnishing

information to the Department.

(2) Violating a provision of this Act or its rules.         (3) Conviction under the laws of a United States

jurisdiction of a crime that is a felony or a misdemeanor, an essential element of which is dishonesty, or of a crime that is directly related to the practice as a surgical assistant or surgical technologist.

(4) Making a misrepresentation for the purpose of

obtaining, renewing, or restoring a registration.

(5) Wilfully aiding or assisting another person in

violating a provision of this Act or its rules.

(6) Failing to provide information within 60 days in

response to a written request made by the Department.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive, defraud, or harm the public, as defined by rule of the Department.

(8) Discipline by another United States jurisdiction

or foreign nation, if at least one of the grounds for discipline is the same or substantially equivalent to those set forth in this Section.

(9) Directly or indirectly giving to or receiving

from a person, firm, corporation, partnership, or association a fee, commission, rebate, or other form of compensation for professional services not actually or personally rendered.

(10) A finding by the Department that the

registrant, after having his or her registration placed on probationary status, has violated the terms of probation.

(11) Wilfully making or filing false records or

reports in his or her practice, including but not limited to false records or reports filed with State agencies.

(12) Wilfully making or signing a false statement,

certificate, or affidavit to induce payment.

(13) Wilfully failing to report an instance of

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

(14) 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.

(15) Employment of fraud, deception, or any unlawful

means in applying for or securing a license as a surgical assistant.

(16) Failure to report to the Department (A) any

adverse final action taken against the registrant by another registering or licensing jurisdiction, government agency, law enforcement agency, or any court or (B) liability for conduct that would constitute grounds for action as set forth in this Section.

(17) Habitual intoxication or addiction to the use

of drugs.

(18) Physical illness, including but not limited to

deterioration through the aging process or loss of motor skills, which results in the inability to practice the profession for which he or she is registered with reasonable judgment, skill, or safety.

(19) Gross malpractice resulting in permanent injury

or death of a patient.

(20) Immoral conduct in the commission of an act

related to the registrant's practice, including but not limited to sexual abuse, sexual misconduct, or sexual exploitation.

(21) Violation of the Health Care Worker