(a) The Department may refuse to issue, renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department considers appropriate, including the issuance of fines not to exceed $10,000 for each violation, with regard to any license for any one or combination 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 the rules
    
adopted under this Act.
        (3) Conviction by plea of guilty or nolo contendere,
    
finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States or any state or territory thereof: (i) that is a felony or (ii) that is a misdemeanor, an essential element of which is dishonesty, or 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.
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Terms Used In Illinois Compiled Statutes 225 ILCS 106/95

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Verdict: The decision of a petit jury or a judge.

         (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 that the licensee, after having her or
    
his license placed on probationary status or subject to conditions or restrictions, has violated the terms of probation or failed to comply with such terms or conditions.
        (14) Abandonment of a patient.
         (15) Willfully filing false records or 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 Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee has caused an adult with disabilities or an older adult to be abused or neglected as defined in the Adult Protective Services Act.
        (25) Willfully failing to report an instance of
    
suspected abuse, neglect, financial exploitation, or self-neglect of an adult with disabilities or an older adult as required by the Adult Protective Services Act.
        (26) Willful omission to file or record, or willfully
    
impeding the filing or recording, or inducing another person to omit to file or record medical reports as required by law or willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.
        (27) Practicing under a false or assumed name, except
    
as provided by law.
        (28) Willfully or negligently violating the
    
confidentiality between licensee and patient, except as required by law.
        (29) The use of any false, fraudulent, or deceptive
    
statement in any document connected with the licensee’s practice.
    (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 Secretary that the licensee be allowed to resume his or her practice.
     All fines imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or in accordance with the terms set forth in the order imposing the fine.
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