100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2968

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 20/9A-1 new
225 ILCS 20/19  from Ch. 111, par. 6369

    Amends the Clinical Social Work and Social Work Practice Act. Provides that the Department of Financial and Professional Regulation and the Social Work Examining and Disciplinary Board shall not request, inquire into, or consider certain criminal history records in connection with an application for licensure. Provides that a period of 5 years after a conviction of any felony or of a misdemeanor directly related to the practice of the profession, or 3 years since release from confinement, is prima facie evidence of rehabilitation. Requires the Department to consider certain mitigating factors and evidence of rehabilitation for applicants for licensure. Requires the Department, upon denial of a license, to provide the applicants certain information concerning the denial. Requires the Department to issue an annual report on certain information concerning granting or denial of license applications. Provides that the Department may refuse to issue or renew a license or may suspend, revoke, or place on probation or take other action on a license for certain criminal history for current licensees. Effective July 1, 2018.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2968LRB100 10388 SMS 20585 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Clinical Social Work and Social Work
5Practice Act is amended by changing Section 19 and by adding
6Section 9A-1 as follows:
 
7    (225 ILCS 20/9A-1 new)
8    Sec. 9A-1. Applicant conviction.
9    (a) The Department and the Board shall not request
10information about, inquire into, or consider the following
11criminal history records in connection with an application for
12licensure:
13        (1) juvenile adjudications of delinquent minors as
14    defined in Section 5-105 of the Juvenile Court Act of 1987,
15    subject to the restrictions set forth in 5-130 of that Act;
16        (2) law enforcement, court, and conviction records of
17    an individual who was 17 years old at the time of the
18    offense and before January 1, 2014, unless the offense
19    required automatic transfer to adult court;
20        (3) records of arrests not followed by a conviction;
21        (4) convictions overturned by a higher court; or
22        (5) arrests that have been expunged.
23    (b) Except as provided in Section 2105-165 of the

 

 

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1Department of Professional Regulation Law of the Civil
2Administrative Code of Illinois, a period of 5 years after
3conviction of a felony or of a misdemeanor directly related to
4the practice of the profession, or a period of 3 years since
5release from confinement, whichever is later, without any
6subsequent conviction shall be prima facie evidence of
7sufficient rehabilitation for the purpose of issuing a license
8under this Act.
9    (c) Except as provided in subsection (b) of this Section
10and Section 2105-165 of the Department of Professional
11Regulation Law of the Civil Administrative Code of Illinois,
12when determining whether to grant a license to an applicant
13with a prior conviction of a felony or of a misdemeanor
14directly related to the practice of the profession, the
15Department shall consider evidence of rehabilitation and
16mitigating factors contained in the applicant's record,
17including the following:
18        (1) the lack of direct relation of the offense for
19    which the applicant was previously convicted to the duties,
20    functions, and responsibilities of the position for which a
21    license is sought;
22        (2) the amount of time that has elapsed since the
23    offense occurred;
24        (3) if the applicant was previously licensed or
25    employed in this State or other states or jurisdictions,
26    then the lack of prior misconduct arising from or related

 

 

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1    to the licensed position or position of employment;
2        (4) the age of the person at the time of the criminal
3    offense;
4        (5) successful completion of sentence and, for
5    applicants serving a term of parole or probation, a
6    progress report provided by the applicant's probation or
7    parole officer that documents the applicant's compliance
8    with conditions of supervision;
9        (6) evidence of the applicant's present fitness and
10    professional character;
11        (7) evidence of rehabilitation or rehabilitative
12    effort during or after incarceration, or during or after a
13    term of supervision, including, but not limited to, a
14    certificate of good conduct under Section 5-5.5-25 of the
15    Unified Code of Corrections or certificate of relief from
16    disabilities under Section 5-5.5-10 of the Unified Code of
17    Corrections; and
18        (8) any other mitigating factors that contribute to the
19    person's potential and current ability to perform the job
20    duties.
21    (d) It is the affirmative obligation of the Department to
22demonstrate that a prior conviction would impair the ability of
23the applicant to engage in the practice requiring a license. If
24the Department refuses to grant a license to an applicant, then
25the Department shall notify the applicant of the denial in
26writing with the following included in the notice of denial:

 

 

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1        (1) a statement about the decision to refuse to issue a
2    license;
3        (2) a list of the convictions that formed the sole or
4    partial basis for the refusal to issue a license;
5        (3) a list of the mitigating evidence presented by the
6    applicant;
7        (4) reasons for refusing to issue a license specific to
8    the evidence presented in mitigation of conviction items
9    that formed the partial or sole basis for the Department's
10    decision; and
11        (5) a summary of the appeal process or the earliest the
12    applicant may reapply for a license, whichever is
13    applicable.
14    (e) The Department shall issue an annual report indicating
15the following:
16        (1) the number of applicants for a license under this
17    Act within the previous calendar year;
18        (2) the number of applicants for a license under this
19    Act within the previous calendar year who had any criminal
20    conviction;
21        (3) the number of applicants for a license under this
22    Act in the previous calendar year who were granted a
23    license;
24        (4) the number of applicants with a criminal conviction
25    who were granted a license under this Act within the
26    previous calendar year;

 

 

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1        (5) the number of applicants for a license under this
2    Act within the previous calendar year who were denied a
3    license;
4        (6) the number of applicants with a criminal conviction
5    who were denied a license under this Act in the previous
6    calendar year in part or in full because of the prior
7    conviction;
8        (7) the number of probationary licenses without
9    monitoring issued under this Act in the previous calendar
10    year to applicants with convictions;
11        (8) the number of probationary licenses with
12    monitoring issued under this Act in the previous calendar
13    year to applicants with convictions; and
14        (9) summary demographic information including race,
15    gender, age, and education for applicants described in
16    paragraphs 1 through 8.
 
17    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 19. Grounds for disciplinary action.
20    (1) The Department may refuse to issue, refuse to renew,
21suspend, or revoke any license, or may place on probation,
22censure, reprimand, or take other disciplinary or
23non-disciplinary action deemed appropriate by the Department,
24including the imposition of fines not to exceed $10,000 for
25each violation, with regard to any license issued under the

 

 

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1provisions of this Act for any one or a combination of the
2following reasons:
3        (a) material misstatements of fact in furnishing
4    information to the Department or to any other State agency
5    or in furnishing information to any insurance company with
6    respect to a claim on behalf of a licensee or a patient;
7        (b) violations or negligent or intentional disregard
8    of this Act, or any of the rules promulgated hereunder;
9        (c) for licensees, conviction of or entry of a plea of
10    guilty or nolo contendere to any crime that is a felony
11    under the laws of the United States or any state or
12    territory thereof or that is a misdemeanor, of which an
13    essential element is dishonesty, or any crime that is
14    directly related to the practice of the clinical social
15    work or social work professions;
16        (d) making any misrepresentation for the purpose of
17    obtaining licenses, or violating any provision of this Act
18    or any of the rules promulgated hereunder;
19        (e) professional incompetence;
20        (f) malpractice;
21        (g) aiding or assisting another person in violating any
22    provision of this Act or any rules;
23        (h) failing to provide information within 30 days in
24    response to a written request made by the Department;
25        (i) engaging in dishonorable, unethical or
26    unprofessional conduct of a character likely to deceive,

 

 

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1    defraud or harm the public as defined by the rules of the
2    Department, or violating the rules of professional conduct
3    adopted by the Board and published by the Department;
4        (j) habitual or excessive use or addiction to alcohol,
5    narcotics, stimulants, or any other chemical agent or drug
6    that results in a clinical social worker's or social
7    worker's inability to practice with reasonable judgment,
8    skill, or safety;
9        (k) discipline by another jurisdiction, if at least one
10    of the grounds for the discipline is the same or
11    substantially equivalent to those set forth in this
12    Section;
13        (l) directly or indirectly giving to or receiving from
14    any person, firm, corporation, partnership, or association
15    any fee, commission, rebate or other form of compensation
16    for any professional service not actually rendered.
17    Nothing in this paragraph (l) affects any bona fide
18    independent contractor or employment arrangements among
19    health care professionals, health facilities, health care
20    providers, or other entities, except as otherwise
21    prohibited by law. Any employment arrangements may include
22    provisions for compensation, health insurance, pension, or
23    other employment benefits for the provision of services
24    within the scope of the licensee's practice under this Act.
25    Nothing in this paragraph (l) shall be construed to require
26    an employment arrangement to receive professional fees for

 

 

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1    services rendered;
2        (m) a finding by the Board that the licensee, after
3    having the license placed on probationary status, has
4    violated the terms of probation;
5        (n) abandonment, without cause, of a client;
6        (o) wilfully filing false reports relating to a
7    licensee's practice, including but not limited to false
8    records filed with Federal or State agencies or
9    departments;
10        (p) wilfully failing to report an instance of suspected
11    child abuse or neglect as required by the Abused and
12    Neglected Child Reporting Act;
13        (q) being named as a perpetrator in an indicated report
14    by the Department of Children and Family Services under the
15    Abused and Neglected Child Reporting Act, and upon proof by
16    clear and convincing evidence that the licensee has caused
17    a child to be or failed to take reasonable steps to prevent
18    a child from being an abused child or neglected child as
19    defined in the Abused and Neglected Child Reporting Act;
20        (r) physical illness, mental illness, or any other
21    impairment or disability, including, but not limited to,
22    deterioration through the aging process, or loss of motor
23    skills that results in the inability to practice the
24    profession with reasonable judgment, skill or safety;
25        (s) solicitation of professional services by using
26    false or misleading advertising; or

 

 

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1        (t) violation of the Health Care Worker Self-Referral
2    Act.
3    (2) (Blank).
4    (3) The determination by a court that a licensee is subject
5to involuntary admission or judicial admission as provided in
6the Mental Health and Developmental Disabilities Code, will
7result in an automatic suspension of his license. Such
8suspension will end upon a finding by a court that the licensee
9is no longer subject to involuntary admission or judicial
10admission and issues an order so finding and discharging the
11patient, and upon the recommendation of the Board to the
12Secretary that the licensee be allowed to resume professional
13practice.
14    (4) The Department may refuse to issue or renew or may
15suspend the license of a person who (i) fails to file a return,
16pay the tax, penalty, or interest shown in a filed return, or
17pay any final assessment of tax, penalty, or interest, as
18required by any tax Act administered by the Department of
19Revenue, until the requirements of the tax Act are satisfied or
20(ii) has failed to pay any court-ordered child support as
21determined by a court order or by referral from the Department
22of Healthcare and Family Services.
23    (5) In enforcing this Section, the Board upon a showing of
24a possible violation may compel a person licensed to practice
25under this Act, or who has applied for licensure or
26certification pursuant to this Act, to submit to a mental or

 

 

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1physical examination, or both, as required by and at the
2expense of the Department. The examining physicians shall be
3those specifically designated by the Board. The Board or the
4Department may order the examining physician to present
5testimony concerning this mental or physical examination of the
6licensee or applicant. No information shall be excluded by
7reason of any common law or statutory privilege relating to
8communications between the licensee or applicant and the
9examining physician. The person to be examined may have, at his
10or her own expense, another physician of his or her choice
11present during all aspects of the examination. Failure of any
12person to submit to a mental or physical examination, when
13directed, shall be grounds for suspension of a license until
14the person submits to the examination if the Board finds, after
15notice and hearing, that the refusal to submit to the
16examination was without reasonable cause.
17    If the Board finds a person unable to practice because of
18the reasons set forth in this Section, the Board may require
19that person to submit to care, counseling, or treatment by
20physicians approved or designated by the Board, as a condition,
21term, or restriction for continued, reinstated, or renewed
22licensure to practice; or, in lieu of care, counseling or
23treatment, the Board may recommend to the Department to file a
24complaint to immediately suspend, revoke or otherwise
25discipline the license of the person. Any person whose license
26was granted, continued, reinstated, renewed, disciplined or

 

 

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1supervised subject to such terms, conditions or restrictions,
2and who fails to comply with such terms, conditions, or
3restrictions, shall be referred to the Secretary for a
4determination as to whether the person shall have his or her
5license suspended immediately, pending a hearing by the Board.
6    In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Board within 30 days after the
9suspension and completed without appreciable delay. The Board
10shall have the authority to review the subject person's record
11of treatment and counseling regarding the impairment, to the
12extent permitted by applicable federal statutes and
13regulations safeguarding the confidentiality of medical
14records.
15    A person licensed under this Act and affected under this
16Section shall be afforded an opportunity to demonstrate to the
17Board that he or she can resume practice in compliance with
18acceptable and prevailing standards under the provisions of his
19or her license.
20(Source: P.A. 98-756, eff. 7-16-14.)
 
21    Section 99. Effective date. This Act takes effect July 1,
222018.