Current through Register Vol. 48, No. 12, March 22, 2024
a) The Agency may act to suspend or revoke an
individual's accreditation, or refuse to issue or renew accreditation, for any
one or a combination of the following causes:
1) Knowingly causing a material misstatement
or misrepresentation to be made in the application for initial accreditation or
renewal of accreditation if such misstatement or misrepresentation would impair
the Agency's ability to assess and evaluate the applicant's qualifications for
accreditation under this Part;
2)
Knowingly making a false material statement to an Agency employee during the
course of official Agency business;
3) Willfully evading the statute or
regulations pertaining to accreditation, or willfully aiding another person in
evading the statute or regulations pertaining to accreditation;
4) Performing procedures under or
representing as valid to any person either a certificate of accreditation not
issued by the Agency, or a certificate of accreditation containing on its face
unauthorized alterations or changes that are inconsistent with Agency records
regarding the issuance of that certificate;
5) Having been convicted of a crime that is a
felony under the laws of this State or conviction of a felony in a federal
court, unless the individual demonstrates to the Agency that he/she has been
sufficiently rehabilitated to warrant the public trust (see subsection
(b));
6) Exhibiting significant or
repeated incompetence in the performance of professional duties;
7) Having a physical or mental illness or
disability that results in the individual's inability to perform professional
duties with reasonable judgment, skill and safety;
8) Continuing to practice medical radiation
technology when knowingly having a potentially serious disease, such as those
listed in 77 Ill. Adm. Code
690.100,
which could be transmitted to patients;
9) Having an actual or potential inability to
practice radiologic technology with reasonable skill and safety on patients or
other individuals due to use of alcohol, narcotics or stimulants;
10) Having had a similar credential by
another state or the District of Columbia suspended or revoked if the grounds
for that suspension or revocation are the same as or equivalent to one or more
grounds for suspension or revocation set forth in this Section;
11) Failing to meet child support orders as
provided in
5 ILCS 100/10-65. The
action will be based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services, Division of Child Support
Enforcement, or its successor agency, or the certification of violation made by
the court. Further process, hearing or redetermination of the delinquency or
violation by the Agency shall not be required (see
5 ILCS
100/10-65(c) );
12) Failing to pay a fee or civil penalty
properly assessed by the Agency;
13) Failing to respond to an audit request by
the Agency for documentation of continuing education;
14) Applying ionizing radiation to a human
being when not operating in each particular case under the direction of a duly
licensed practitioner or to any person or part of the human body other than
specified in the law under which the practitioner is licensed;
15) Interpreting a diagnostic image for a
physician, a patient, the patient's family or the public;
16) Performing in a way that deviates from
accepted professional conduct; and
17) Engaging in conduct with a patient or
another individual that is sexual, in any verbal behavior that is sexually
demeaning to a patient, or in sexual exploitation of a patient or former
patient. This applies to any unwanted sexual behavior, verbal or
otherwise.
b) Applicant
Convictions
1) The Agency shall not consider
the following criminal history records in connection with an application for
accreditation:
A) Juvenile adjudications of
delinquent minors as defined in Section 5-105 of the Juvenile Court Act of
1987, subject to the restrictions set forth in Section 5-130 of the Juvenile
Court Act of 1987 [705 ILCS 405];
B) Law enforcement records, court records,
and conviction records of an individual who was 17 years old at the time of the
offense and before January 1, 2014, unless the nature of the offense required
the individual to be tried as an adult;
C) Records of arrest not followed by a
conviction;
D) Convictions
overturned by a higher court; or
E)
Convictions or arrests that have been sealed or expunged.
2) The Agency, upon a finding that an
applicant for accreditation was convicted of a felony, shall consider any
evidence of rehabilitation and mitigating factors contained in the applicant's
record, including any of the following factors and evidence, to determine if
the conviction will impair the ability of the applicant to engage in the
position for which accreditation is sought:
A)
The lack of direct relation of the offense for which the applicant was
previously convicted to the duties, functions and responsibilities of the
position for which a license is sought;
B) Whether 5 years since a felony conviction,
or 3 years since release from confinement for the conviction, whichever is
later, have passed without a subsequent conviction;
C) If the applicant was previously licensed
or employed in this State or other states or jurisdictions, then the lack of
prior misconduct arising from or related to the licensed position or position
of employment;
D) The age of the
person at the time of the criminal offense;
E) Successful completion of sentence and, for
applicants serving a term of parole or probation, a progress report provided by
the applicant's probation or parole officer that documents the applicant's
compliance with conditions of supervision;
F) Evidence of the applicant's present
fitness and professional character;
G) Evidence of rehabilitation or
rehabilitative effort during or after incarceration, or during or after a term
of supervision, including, but not limited to, a certificate of good conduct
under Section 5-5.5-25 of the Unified Code of Corrections or a certificate of
relief from disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
H) Any other
mitigating factors that contribute to the person's potential and current
ability to perform the duties and responsibilities of the position for which
accreditation is sought.
3) If the Agency refuses to issue
accreditation to an applicant, then the Agency shall notify the applicant of
the denial in writing, with the following included in the notice of denial:
A) A statement about the decision to refuse
to grant the accreditation;
B) A
list of the convictions that the Agency determined will impair the applicant's
ability to engage in the position for which accreditation is sought;
C) A list of convictions that formed the sole
or partial basis for the refusal to issue accreditation; and
D) A summary of the appeal process or the
earliest the applicant may reapply for accreditation, whichever is
applicable.
c) If, based upon any of the grounds in
subsection (a), the Agency determines that action to suspend or revoke
accreditation, or refusal to issue or renew accreditation, is warranted, the
Agency shall notify the individual and shall provide an opportunity for a
hearing in accordance with 32 Ill. Adm. Code 200. An opportunity for a hearing
shall be provided before the Agency takes action to suspend or revoke an
individual's accreditation unless the Agency finds that an immediate suspension
of accreditation is required to protect against immediate danger to the public
health or safety (see
420
ILCS 40/38 ), in which case the Agency shall suspend
an individual's accreditation pending a hearing.
d) If the Agency finds that removal or
refusal to issue or renew accreditation is warranted, the usual action shall be
a suspension or denial of accreditation for up to one year. The term of
suspension or denial may be reduced by the Director, based upon evidence
presented, if the conditions leading to the Preliminary Order for Suspension
can be cured in less than one year. In the case of frequent child support
arrearages, the Agency may also impose conditions, restrictions or disciplinary
action upon the accreditation. However, if the Agency finds that the causes are
of a serious or continuous nature, such as past actions that posed an immediate
threat to public health or safety, deficiencies that cannot be cured within one
year or frequent child support arrearages, the Agency shall revoke the
individual's accreditation or deny the application.
e) When an individual's accreditation is
suspended or revoked, the individual shall surrender his/her credential to the
Agency until the termination of the suspension period or until reissuance of
the accreditation.
f) An individual
whose accreditation has been revoked may seek reinstatement of accreditation by
submitting to the Agency an application with the appropriate fee. The
application may be filed one year or more after the beginning of the revocation
period.