100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3395

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Identification Act. Includes federal or State public records in the definition of "expunge". Amends various Acts related to occupational and professional licensing. Provides that no consideration shall be given to convictions entered prior to the date of the application, where the applicant has completed any sentence imposed for that conviction, including any period of mandatory supervised release.


LRB100 06973 SMS 17024 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3395LRB100 06973 SMS 17024 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 Criminal Identification Act is amended by
5changing Section 5.2 as follows:
 
6    (20 ILCS 2630/5.2)
7    Sec. 5.2. Expungement and sealing.
8    (a) General Provisions.
9        (1) Definitions. In this Act, words and phrases have
10    the meanings set forth in this subsection, except when a
11    particular context clearly requires a different meaning.
12            (A) The following terms shall have the meanings
13        ascribed to them in the Unified Code of Corrections,
14        730 ILCS 5/5-1-2 through 5/5-1-22:
15                (i) Business Offense (730 ILCS 5/5-1-2),
16                (ii) Charge (730 ILCS 5/5-1-3),
17                (iii) Court (730 ILCS 5/5-1-6),
18                (iv) Defendant (730 ILCS 5/5-1-7),
19                (v) Felony (730 ILCS 5/5-1-9),
20                (vi) Imprisonment (730 ILCS 5/5-1-10),
21                (vii) Judgment (730 ILCS 5/5-1-12),
22                (viii) Misdemeanor (730 ILCS 5/5-1-14),
23                (ix) Offense (730 ILCS 5/5-1-15),

 

 

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1                (x) Parole (730 ILCS 5/5-1-16),
2                (xi) Petty Offense (730 ILCS 5/5-1-17),
3                (xii) Probation (730 ILCS 5/5-1-18),
4                (xiii) Sentence (730 ILCS 5/5-1-19),
5                (xiv) Supervision (730 ILCS 5/5-1-21), and
6                (xv) Victim (730 ILCS 5/5-1-22).
7            (B) As used in this Section, "charge not initiated
8        by arrest" means a charge (as defined by 730 ILCS
9        5/5-1-3) brought against a defendant where the
10        defendant is not arrested prior to or as a direct
11        result of the charge.
12            (C) "Conviction" means a judgment of conviction or
13        sentence entered upon a plea of guilty or upon a
14        verdict or finding of guilty of an offense, rendered by
15        a legally constituted jury or by a court of competent
16        jurisdiction authorized to try the case without a jury.
17        An order of supervision successfully completed by the
18        petitioner is not a conviction. An order of qualified
19        probation (as defined in subsection (a)(1)(J))
20        successfully completed by the petitioner is not a
21        conviction. An order of supervision or an order of
22        qualified probation that is terminated
23        unsatisfactorily is a conviction, unless the
24        unsatisfactory termination is reversed, vacated, or
25        modified and the judgment of conviction, if any, is
26        reversed or vacated.

 

 

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1            (D) "Criminal offense" means a petty offense,
2        business offense, misdemeanor, felony, or municipal
3        ordinance violation (as defined in subsection
4        (a)(1)(H)). As used in this Section, a minor traffic
5        offense (as defined in subsection (a)(1)(G)) shall not
6        be considered a criminal offense.
7            (E) "Expunge" means to physically destroy the
8        records or return them to the petitioner and to
9        obliterate the petitioner's name from any official
10        index or federal or State public record, or both.
11        Nothing in this Act shall require the physical
12        destruction of the circuit court file, but such records
13        relating to arrests or charges, or both, ordered
14        expunged shall be impounded as required by subsections
15        (d)(9)(A)(ii) and (d)(9)(B)(ii).
16            (F) As used in this Section, "last sentence" means
17        the sentence, order of supervision, or order of
18        qualified probation (as defined by subsection
19        (a)(1)(J)), for a criminal offense (as defined by
20        subsection (a)(1)(D)) that terminates last in time in
21        any jurisdiction, regardless of whether the petitioner
22        has included the criminal offense for which the
23        sentence or order of supervision or qualified
24        probation was imposed in his or her petition. If
25        multiple sentences, orders of supervision, or orders
26        of qualified probation terminate on the same day and

 

 

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1        are last in time, they shall be collectively considered
2        the "last sentence" regardless of whether they were
3        ordered to run concurrently.
4            (G) "Minor traffic offense" means a petty offense,
5        business offense, or Class C misdemeanor under the
6        Illinois Vehicle Code or a similar provision of a
7        municipal or local ordinance.
8            (H) "Municipal ordinance violation" means an
9        offense defined by a municipal or local ordinance that
10        is criminal in nature and with which the petitioner was
11        charged or for which the petitioner was arrested and
12        released without charging.
13            (I) "Petitioner" means an adult or a minor
14        prosecuted as an adult who has applied for relief under
15        this Section.
16            (J) "Qualified probation" means an order of
17        probation under Section 10 of the Cannabis Control Act,
18        Section 410 of the Illinois Controlled Substances Act,
19        Section 70 of the Methamphetamine Control and
20        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21        of the Unified Code of Corrections, Section
22        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23        those provisions existed before their deletion by
24        Public Act 89-313), Section 10-102 of the Illinois
25        Alcoholism and Other Drug Dependency Act, Section
26        40-10 of the Alcoholism and Other Drug Abuse and

 

 

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1        Dependency Act, or Section 10 of the Steroid Control
2        Act. For the purpose of this Section, "successful
3        completion" of an order of qualified probation under
4        Section 10-102 of the Illinois Alcoholism and Other
5        Drug Dependency Act and Section 40-10 of the Alcoholism
6        and Other Drug Abuse and Dependency Act means that the
7        probation was terminated satisfactorily and the
8        judgment of conviction was vacated.
9            (K) "Seal" means to physically and electronically
10        maintain the records, unless the records would
11        otherwise be destroyed due to age, but to make the
12        records unavailable without a court order, subject to
13        the exceptions in Sections 12 and 13 of this Act. The
14        petitioner's name shall also be obliterated from the
15        official index required to be kept by the circuit court
16        clerk under Section 16 of the Clerks of Courts Act, but
17        any index issued by the circuit court clerk before the
18        entry of the order to seal shall not be affected.
19            (L) "Sexual offense committed against a minor"
20        includes but is not limited to the offenses of indecent
21        solicitation of a child or criminal sexual abuse when
22        the victim of such offense is under 18 years of age.
23            (M) "Terminate" as it relates to a sentence or
24        order of supervision or qualified probation includes
25        either satisfactory or unsatisfactory termination of
26        the sentence, unless otherwise specified in this

 

 

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1        Section.
2        (2) Minor Traffic Offenses. Orders of supervision or
3    convictions for minor traffic offenses shall not affect a
4    petitioner's eligibility to expunge or seal records
5    pursuant to this Section.
6        (2.5) Commencing 180 days after July 29, 2016 (the
7    effective date of Public Act 99-697) this amendatory Act of
8    the 99th General Assembly, the law enforcement agency
9    issuing the citation shall automatically expunge, on or
10    before January 1 and July 1 of each year, the law
11    enforcement records of a person found to have committed a
12    civil law violation of subsection (a) of Section 4 of the
13    Cannabis Control Act or subsection (c) of Section 3.5 of
14    the Drug Paraphernalia Control Act in the law enforcement
15    agency's possession or control and which contains the final
16    satisfactory disposition which pertain to the person
17    issued a citation for that offense. The law enforcement
18    agency shall provide by rule the process for access,
19    review, and to confirm the automatic expungement by the law
20    enforcement agency issuing the citation. Commencing 180
21    days after July 29, 2016 (the effective date of Public Act
22    99-697) this amendatory Act of the 99th General Assembly,
23    the clerk of the circuit court shall expunge, upon order of
24    the court, or in the absence of a court order on or before
25    January 1 and July 1 of each year, the court records of a
26    person found in the circuit court to have committed a civil

 

 

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1    law violation of subsection (a) of Section 4 of the
2    Cannabis Control Act or subsection (c) of Section 3.5 of
3    the Drug Paraphernalia Control Act in the clerk's
4    possession or control and which contains the final
5    satisfactory disposition which pertain to the person
6    issued a citation for any of those offenses.
7        (3) Exclusions. Except as otherwise provided in
8    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
9    of this Section, the court shall not order:
10            (A) the sealing or expungement of the records of
11        arrests or charges not initiated by arrest that result
12        in an order of supervision for or conviction of: (i)
13        any sexual offense committed against a minor; (ii)
14        Section 11-501 of the Illinois Vehicle Code or a
15        similar provision of a local ordinance; or (iii)
16        Section 11-503 of the Illinois Vehicle Code or a
17        similar provision of a local ordinance, unless the
18        arrest or charge is for a misdemeanor violation of
19        subsection (a) of Section 11-503 or a similar provision
20        of a local ordinance, that occurred prior to the
21        offender reaching the age of 25 years and the offender
22        has no other conviction for violating Section 11-501 or
23        11-503 of the Illinois Vehicle Code or a similar
24        provision of a local ordinance.
25            (B) the sealing or expungement of records of minor
26        traffic offenses (as defined in subsection (a)(1)(G)),

 

 

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1        unless the petitioner was arrested and released
2        without charging.
3            (C) the sealing of the records of arrests or
4        charges not initiated by arrest which result in an
5        order of supervision or a conviction for the following
6        offenses:
7                (i) offenses included in Article 11 of the
8            Criminal Code of 1961 or the Criminal Code of 2012
9            or a similar provision of a local ordinance, except
10            Section 11-14 of the Criminal Code of 1961 or the
11            Criminal Code of 2012, or a similar provision of a
12            local ordinance;
13                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14            26-5, or 48-1 of the Criminal Code of 1961 or the
15            Criminal Code of 2012, or a similar provision of a
16            local ordinance;
17                (iii) Sections 12-3.1 or 12-3.2 of the
18            Criminal Code of 1961 or the Criminal Code of 2012,
19            or Section 125 of the Stalking No Contact Order
20            Act, or Section 219 of the Civil No Contact Order
21            Act, or a similar provision of a local ordinance;
22                (iv) offenses which are Class A misdemeanors
23            under the Humane Care for Animals Act; or
24                (v) any offense or attempted offense that
25            would subject a person to registration under the
26            Sex Offender Registration Act.

 

 

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1            (D) the sealing of the records of an arrest which
2        results in the petitioner being charged with a felony
3        offense or records of a charge not initiated by arrest
4        for a felony offense unless:
5                (i) the charge is amended to a misdemeanor and
6            is otherwise eligible to be sealed pursuant to
7            subsection (c);
8                (ii) the charge is brought along with another
9            charge as a part of one case and the charge results
10            in acquittal, dismissal, or conviction when the
11            conviction was reversed or vacated, and another
12            charge brought in the same case results in a
13            disposition for a misdemeanor offense that is
14            eligible to be sealed pursuant to subsection (c) or
15            a disposition listed in paragraph (i), (iii), or
16            (iv) of this subsection;
17                (iii) the charge results in first offender
18            probation as set forth in subsection (c)(2)(E);
19                (iv) the charge is for a felony offense listed
20            in subsection (c)(2)(F) or the charge is amended to
21            a felony offense listed in subsection (c)(2)(F);
22                (v) the charge results in acquittal,
23            dismissal, or the petitioner's release without
24            conviction; or
25                (vi) the charge results in a conviction, but
26            the conviction was reversed or vacated.

 

 

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1    (b) Expungement.
2        (1) A petitioner may petition the circuit court to
3    expunge the records of his or her arrests and charges not
4    initiated by arrest when each arrest or charge not
5    initiated by arrest sought to be expunged resulted in: (i)
6    acquittal, dismissal, or the petitioner's release without
7    charging, unless excluded by subsection (a)(3)(B); (ii) a
8    conviction which was vacated or reversed, unless excluded
9    by subsection (a)(3)(B); (iii) an order of supervision and
10    such supervision was successfully completed by the
11    petitioner, unless excluded by subsection (a)(3)(A) or
12    (a)(3)(B); or (iv) an order of qualified probation (as
13    defined in subsection (a)(1)(J)) and such probation was
14    successfully completed by the petitioner.
15        (1.5) When a petitioner seeks to have a record of
16    arrest expunged under this Section, and the offender has
17    been convicted of a criminal offense, the State's Attorney
18    may object to the expungement on the grounds that the
19    records contain specific relevant information aside from
20    the mere fact of the arrest.
21        (2) Time frame for filing a petition to expunge.
22            (A) When the arrest or charge not initiated by
23        arrest sought to be expunged resulted in an acquittal,
24        dismissal, the petitioner's release without charging,
25        or the reversal or vacation of a conviction, there is
26        no waiting period to petition for the expungement of

 

 

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1        such records.
2            (B) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an order of
4        supervision, successfully completed by the petitioner,
5        the following time frames will apply:
6                (i) Those arrests or charges that resulted in
7            orders of supervision under Section 3-707, 3-708,
8            3-710, or 5-401.3 of the Illinois Vehicle Code or a
9            similar provision of a local ordinance, or under
10            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11            Code of 1961 or the Criminal Code of 2012, or a
12            similar provision of a local ordinance, shall not
13            be eligible for expungement until 5 years have
14            passed following the satisfactory termination of
15            the supervision.
16                (i-5) Those arrests or charges that resulted
17            in orders of supervision for a misdemeanor
18            violation of subsection (a) of Section 11-503 of
19            the Illinois Vehicle Code or a similar provision of
20            a local ordinance, that occurred prior to the
21            offender reaching the age of 25 years and the
22            offender has no other conviction for violating
23            Section 11-501 or 11-503 of the Illinois Vehicle
24            Code or a similar provision of a local ordinance
25            shall not be eligible for expungement until the
26            petitioner has reached the age of 25 years.

 

 

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1                (ii) Those arrests or charges that resulted in
2            orders of supervision for any other offenses shall
3            not be eligible for expungement until 2 years have
4            passed following the satisfactory termination of
5            the supervision.
6            (C) When the arrest or charge not initiated by
7        arrest sought to be expunged resulted in an order of
8        qualified probation, successfully completed by the
9        petitioner, such records shall not be eligible for
10        expungement until 5 years have passed following the
11        satisfactory termination of the probation.
12        (3) Those records maintained by the Department for
13    persons arrested prior to their 17th birthday shall be
14    expunged as provided in Section 5-915 of the Juvenile Court
15    Act of 1987.
16        (4) Whenever a person has been arrested for or
17    convicted of any offense, in the name of a person whose
18    identity he or she has stolen or otherwise come into
19    possession of, the aggrieved person from whom the identity
20    was stolen or otherwise obtained without authorization,
21    upon learning of the person having been arrested using his
22    or her identity, may, upon verified petition to the chief
23    judge of the circuit wherein the arrest was made, have a
24    court order entered nunc pro tunc by the Chief Judge to
25    correct the arrest record, conviction record, if any, and
26    all official records of the arresting authority, the

 

 

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1    Department, other criminal justice agencies, the
2    prosecutor, and the trial court concerning such arrest, if
3    any, by removing his or her name from all such records in
4    connection with the arrest and conviction, if any, and by
5    inserting in the records the name of the offender, if known
6    or ascertainable, in lieu of the aggrieved's name. The
7    records of the circuit court clerk shall be sealed until
8    further order of the court upon good cause shown and the
9    name of the aggrieved person obliterated on the official
10    index required to be kept by the circuit court clerk under
11    Section 16 of the Clerks of Courts Act, but the order shall
12    not affect any index issued by the circuit court clerk
13    before the entry of the order. Nothing in this Section
14    shall limit the Department of State Police or other
15    criminal justice agencies or prosecutors from listing
16    under an offender's name the false names he or she has
17    used.
18        (5) Whenever a person has been convicted of criminal
19    sexual assault, aggravated criminal sexual assault,
20    predatory criminal sexual assault of a child, criminal
21    sexual abuse, or aggravated criminal sexual abuse, the
22    victim of that offense may request that the State's
23    Attorney of the county in which the conviction occurred
24    file a verified petition with the presiding trial judge at
25    the petitioner's trial to have a court order entered to
26    seal the records of the circuit court clerk in connection

 

 

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1    with the proceedings of the trial court concerning that
2    offense. However, the records of the arresting authority
3    and the Department of State Police concerning the offense
4    shall not be sealed. The court, upon good cause shown,
5    shall make the records of the circuit court clerk in
6    connection with the proceedings of the trial court
7    concerning the offense available for public inspection.
8        (6) If a conviction has been set aside on direct review
9    or on collateral attack and the court determines by clear
10    and convincing evidence that the petitioner was factually
11    innocent of the charge, the court that finds the petitioner
12    factually innocent of the charge shall enter an expungement
13    order for the conviction for which the petitioner has been
14    determined to be innocent as provided in subsection (b) of
15    Section 5-5-4 of the Unified Code of Corrections.
16        (7) Nothing in this Section shall prevent the
17    Department of State Police from maintaining all records of
18    any person who is admitted to probation upon terms and
19    conditions and who fulfills those terms and conditions
20    pursuant to Section 10 of the Cannabis Control Act, Section
21    410 of the Illinois Controlled Substances Act, Section 70
22    of the Methamphetamine Control and Community Protection
23    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
24    Corrections, Section 12-4.3 or subdivision (b)(1) of
25    Section 12-3.05 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, Section 10-102 of the Illinois

 

 

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1    Alcoholism and Other Drug Dependency Act, Section 40-10 of
2    the Alcoholism and Other Drug Abuse and Dependency Act, or
3    Section 10 of the Steroid Control Act.
4        (8) If the petitioner has been granted a certificate of
5    innocence under Section 2-702 of the Code of Civil
6    Procedure, the court that grants the certificate of
7    innocence shall also enter an order expunging the
8    conviction for which the petitioner has been determined to
9    be innocent as provided in subsection (h) of Section 2-702
10    of the Code of Civil Procedure.
11    (c) Sealing.
12        (1) Applicability. Notwithstanding any other provision
13    of this Act to the contrary, and cumulative with any rights
14    to expungement of criminal records, this subsection
15    authorizes the sealing of criminal records of adults and of
16    minors prosecuted as adults.
17        (2) Eligible Records. The following records may be
18    sealed:
19            (A) All arrests resulting in release without
20        charging;
21            (B) Arrests or charges not initiated by arrest
22        resulting in acquittal, dismissal, or conviction when
23        the conviction was reversed or vacated, except as
24        excluded by subsection (a)(3)(B);
25            (C) Arrests or charges not initiated by arrest
26        resulting in orders of supervision, including orders

 

 

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1        of supervision for municipal ordinance violations,
2        successfully completed by the petitioner, unless
3        excluded by subsection (a)(3);
4            (D) Arrests or charges not initiated by arrest
5        resulting in convictions, including convictions on
6        municipal ordinance violations, unless excluded by
7        subsection (a)(3);
8            (E) Arrests or charges not initiated by arrest
9        resulting in orders of first offender probation under
10        Section 10 of the Cannabis Control Act, Section 410 of
11        the Illinois Controlled Substances Act, Section 70 of
12        the Methamphetamine Control and Community Protection
13        Act, or Section 5-6-3.3 of the Unified Code of
14        Corrections; and
15            (F) Arrests or charges not initiated by arrest
16        resulting in felony convictions for the following
17        offenses:
18                (i) Class 4 felony convictions for:
19                    Prostitution under Section 11-14 of the
20                Criminal Code of 1961 or the Criminal Code of
21                2012.
22                    Possession of cannabis under Section 4 of
23                the Cannabis Control Act.
24                    Possession of a controlled substance under
25                Section 402 of the Illinois Controlled
26                Substances Act.

 

 

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1                    Offenses under the Methamphetamine
2                Precursor Control Act.
3                    Offenses under the Steroid Control Act.
4                    Theft under Section 16-1 of the Criminal
5                Code of 1961 or the Criminal Code of 2012.
6                    Retail theft under Section 16A-3 or
7                paragraph (a) of 16-25 of the Criminal Code of
8                1961 or the Criminal Code of 2012.
9                    Deceptive practices under Section 17-1 of
10                the Criminal Code of 1961 or the Criminal Code
11                of 2012.
12                    Forgery under Section 17-3 of the Criminal
13                Code of 1961 or the Criminal Code of 2012.
14                    Possession of burglary tools under Section
15                19-2 of the Criminal Code of 1961 or the
16                Criminal Code of 2012.
17            (ii) Class 3 felony convictions for:
18                    Theft under Section 16-1 of the Criminal
19                Code of 1961 or the Criminal Code of 2012.
20                    Retail theft under Section 16A-3 or
21                paragraph (a) of 16-25 of the Criminal Code of
22                1961 or the Criminal Code of 2012.
23                    Deceptive practices under Section 17-1 of
24                the Criminal Code of 1961 or the Criminal Code
25                of 2012.
26                    Forgery under Section 17-3 of the Criminal

 

 

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1                Code of 1961 or the Criminal Code of 2012.
2                    Possession with intent to manufacture or
3                deliver a controlled substance under Section
4                401 of the Illinois Controlled Substances Act.
5        (3) When Records Are Eligible to Be Sealed. Records
6    identified as eligible under subsection (c)(2) may be
7    sealed as follows:
8            (A) Records identified as eligible under
9        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
10        time.
11            (B) Except as otherwise provided in subparagraph
12        (E) of this paragraph (3), records identified as
13        eligible under subsection (c)(2)(C) may be sealed 2
14        years after the termination of petitioner's last
15        sentence (as defined in subsection (a)(1)(F)).
16            (C) Except as otherwise provided in subparagraph
17        (E) of this paragraph (3), records identified as
18        eligible under subsections (c)(2)(D), (c)(2)(E), and
19        (c)(2)(F) may be sealed 3 years after the termination
20        of the petitioner's last sentence (as defined in
21        subsection (a)(1)(F)).
22            (D) Records identified in subsection
23        (a)(3)(A)(iii) may be sealed after the petitioner has
24        reached the age of 25 years.
25            (E) Records identified as eligible under
26        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or

 

 

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1        (c)(2)(F) may be sealed upon termination of the
2        petitioner's last sentence if the petitioner earned a
3        high school diploma, associate's degree, career
4        certificate, vocational technical certification, or
5        bachelor's degree, or passed the high school level Test
6        of General Educational Development, during the period
7        of his or her sentence, aftercare release, or mandatory
8        supervised release. This subparagraph shall apply only
9        to a petitioner who has not completed the same
10        educational goal prior to the period of his or her
11        sentence, aftercare release, or mandatory supervised
12        release. If a petition for sealing eligible records
13        filed under this subparagraph is denied by the court,
14        the time periods under subparagraph (B) or (C) shall
15        apply to any subsequent petition for sealing filed by
16        the petitioner.
17        (4) Subsequent felony convictions. A person may not
18    have subsequent felony conviction records sealed as
19    provided in this subsection (c) if he or she is convicted
20    of any felony offense after the date of the sealing of
21    prior felony convictions as provided in this subsection
22    (c). The court may, upon conviction for a subsequent felony
23    offense, order the unsealing of prior felony conviction
24    records previously ordered sealed by the court.
25        (5) Notice of eligibility for sealing. Upon entry of a
26    disposition for an eligible record under this subsection

 

 

HB3395- 20 -LRB100 06973 SMS 17024 b

1    (c), the petitioner shall be informed by the court of the
2    right to have the records sealed and the procedures for the
3    sealing of the records.
4    (d) Procedure. The following procedures apply to
5expungement under subsections (b), (e), and (e-6) and sealing
6under subsections (c) and (e-5):
7        (1) Filing the petition. Upon becoming eligible to
8    petition for the expungement or sealing of records under
9    this Section, the petitioner shall file a petition
10    requesting the expungement or sealing of records with the
11    clerk of the court where the arrests occurred or the
12    charges were brought, or both. If arrests occurred or
13    charges were brought in multiple jurisdictions, a petition
14    must be filed in each such jurisdiction. The petitioner
15    shall pay the applicable fee, except no fee shall be
16    required if the petitioner has obtained a court order
17    waiving fees under Supreme Court Rule 298 or it is
18    otherwise waived.
19        (1.5) County fee waiver pilot program. In a county of
20    3,000,000 or more inhabitants, no fee shall be required to
21    be paid by a petitioner if the records sought to be
22    expunged or sealed were arrests resulting in release
23    without charging or arrests or charges not initiated by
24    arrest resulting in acquittal, dismissal, or conviction
25    when the conviction was reversed or vacated, unless
26    excluded by subsection (a)(3)(B). The provisions of this

 

 

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1    paragraph (1.5), other than this sentence, are inoperative
2    on and after January 1, 2018 or one year after January 1,
3    2017 (the effective date of Public Act 99-881) this
4    amendatory Act of the 99th General Assembly, whichever is
5    later.
6        (2) Contents of petition. The petition shall be
7    verified and shall contain the petitioner's name, date of
8    birth, current address and, for each arrest or charge not
9    initiated by arrest sought to be sealed or expunged, the
10    case number, the date of arrest (if any), the identity of
11    the arresting authority, and such other information as the
12    court may require. During the pendency of the proceeding,
13    the petitioner shall promptly notify the circuit court
14    clerk of any change of his or her address. If the
15    petitioner has received a certificate of eligibility for
16    sealing from the Prisoner Review Board under paragraph (10)
17    of subsection (a) of Section 3-3-2 of the Unified Code of
18    Corrections, the certificate shall be attached to the
19    petition.
20        (3) Drug test. The petitioner must attach to the
21    petition proof that the petitioner has passed a test taken
22    within 30 days before the filing of the petition showing
23    the absence within his or her body of all illegal
24    substances as defined by the Illinois Controlled
25    Substances Act, the Methamphetamine Control and Community
26    Protection Act, and the Cannabis Control Act if he or she

 

 

HB3395- 22 -LRB100 06973 SMS 17024 b

1    is petitioning to:
2            (A) seal felony records under clause (c)(2)(E);
3            (B) seal felony records for a violation of the
4        Illinois Controlled Substances Act, the
5        Methamphetamine Control and Community Protection Act,
6        or the Cannabis Control Act under clause (c)(2)(F);
7            (C) seal felony records under subsection (e-5); or
8            (D) expunge felony records of a qualified
9        probation under clause (b)(1)(iv).
10        (4) Service of petition. The circuit court clerk shall
11    promptly serve a copy of the petition and documentation to
12    support the petition under subsection (e-5) or (e-6) on the
13    State's Attorney or prosecutor charged with the duty of
14    prosecuting the offense, the Department of State Police,
15    the arresting agency and the chief legal officer of the
16    unit of local government effecting the arrest.
17        (5) Objections.
18            (A) Any party entitled to notice of the petition
19        may file an objection to the petition. All objections
20        shall be in writing, shall be filed with the circuit
21        court clerk, and shall state with specificity the basis
22        of the objection. Whenever a person who has been
23        convicted of an offense is granted a pardon by the
24        Governor which specifically authorizes expungement, an
25        objection to the petition may not be filed.
26            (B) Objections to a petition to expunge or seal

 

 

HB3395- 23 -LRB100 06973 SMS 17024 b

1        must be filed within 60 days of the date of service of
2        the petition.
3        (6) Entry of order.
4            (A) The Chief Judge of the circuit wherein the
5        charge was brought, any judge of that circuit
6        designated by the Chief Judge, or in counties of less
7        than 3,000,000 inhabitants, the presiding trial judge
8        at the petitioner's trial, if any, shall rule on the
9        petition to expunge or seal as set forth in this
10        subsection (d)(6).
11            (B) Unless the State's Attorney or prosecutor, the
12        Department of State Police, the arresting agency, or
13        the chief legal officer files an objection to the
14        petition to expunge or seal within 60 days from the
15        date of service of the petition, the court shall enter
16        an order granting or denying the petition.
17        (7) Hearings. If an objection is filed, the court shall
18    set a date for a hearing and notify the petitioner and all
19    parties entitled to notice of the petition of the hearing
20    date at least 30 days prior to the hearing. Prior to the
21    hearing, the State's Attorney shall consult with the
22    Department as to the appropriateness of the relief sought
23    in the petition to expunge or seal. At the hearing, the
24    court shall hear evidence on whether the petition should or
25    should not be granted, and shall grant or deny the petition
26    to expunge or seal the records based on the evidence

 

 

HB3395- 24 -LRB100 06973 SMS 17024 b

1    presented at the hearing. The court may consider the
2    following:
3            (A) the strength of the evidence supporting the
4        defendant's conviction;
5            (B) the reasons for retention of the conviction
6        records by the State;
7            (C) the petitioner's age, criminal record history,
8        and employment history;
9            (D) the period of time between the petitioner's
10        arrest on the charge resulting in the conviction and
11        the filing of the petition under this Section; and
12            (E) the specific adverse consequences the
13        petitioner may be subject to if the petition is denied.
14        (8) Service of order. After entering an order to
15    expunge or seal records, the court must provide copies of
16    the order to the Department, in a form and manner
17    prescribed by the Department, to the petitioner, to the
18    State's Attorney or prosecutor charged with the duty of
19    prosecuting the offense, to the arresting agency, to the
20    chief legal officer of the unit of local government
21    effecting the arrest, and to such other criminal justice
22    agencies as may be ordered by the court.
23        (9) Implementation of order.
24            (A) Upon entry of an order to expunge records
25        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
26                (i) the records shall be expunged (as defined

 

 

HB3395- 25 -LRB100 06973 SMS 17024 b

1            in subsection (a)(1)(E)) by the arresting agency,
2            the Department, and any other agency as ordered by
3            the court, within 60 days of the date of service of
4            the order, unless a motion to vacate, modify, or
5            reconsider the order is filed pursuant to
6            paragraph (12) of subsection (d) of this Section;
7                (ii) the records of the circuit court clerk
8            shall be impounded until further order of the court
9            upon good cause shown and the name of the
10            petitioner obliterated on the official index
11            required to be kept by the circuit court clerk
12            under Section 16 of the Clerks of Courts Act, but
13            the order shall not affect any index issued by the
14            circuit court clerk before the entry of the order;
15            and
16                (iii) in response to an inquiry for expunged
17            records, the court, the Department, or the agency
18            receiving such inquiry, shall reply as it does in
19            response to inquiries when no records ever
20            existed.
21            (B) Upon entry of an order to expunge records
22        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
23                (i) the records shall be expunged (as defined
24            in subsection (a)(1)(E)) by the arresting agency
25            and any other agency as ordered by the court,
26            within 60 days of the date of service of the order,

 

 

HB3395- 26 -LRB100 06973 SMS 17024 b

1            unless a motion to vacate, modify, or reconsider
2            the order is filed pursuant to paragraph (12) of
3            subsection (d) of this Section;
4                (ii) the records of the circuit court clerk
5            shall be impounded until further order of the court
6            upon good cause shown and the name of the
7            petitioner obliterated on the official index
8            required to be kept by the circuit court clerk
9            under Section 16 of the Clerks of Courts Act, but
10            the order shall not affect any index issued by the
11            circuit court clerk before the entry of the order;
12                (iii) the records shall be impounded by the
13            Department within 60 days of the date of service of
14            the order as ordered by the court, unless a motion
15            to vacate, modify, or reconsider the order is filed
16            pursuant to paragraph (12) of subsection (d) of
17            this Section;
18                (iv) records impounded by the Department may
19            be disseminated by the Department only as required
20            by law or to the arresting authority, the State's
21            Attorney, and the court upon a later arrest for the
22            same or a similar offense or for the purpose of
23            sentencing for any subsequent felony, and to the
24            Department of Corrections upon conviction for any
25            offense; and
26                (v) in response to an inquiry for such records

 

 

HB3395- 27 -LRB100 06973 SMS 17024 b

1            from anyone not authorized by law to access such
2            records, the court, the Department, or the agency
3            receiving such inquiry shall reply as it does in
4            response to inquiries when no records ever
5            existed.
6            (B-5) Upon entry of an order to expunge records
7        under subsection (e-6):
8                (i) the records shall be expunged (as defined
9            in subsection (a)(1)(E)) by the arresting agency
10            and any other agency as ordered by the court,
11            within 60 days of the date of service of the order,
12            unless a motion to vacate, modify, or reconsider
13            the order is filed under paragraph (12) of
14            subsection (d) of this Section;
15                (ii) the records of the circuit court clerk
16            shall be impounded until further order of the court
17            upon good cause shown and the name of the
18            petitioner obliterated on the official index
19            required to be kept by the circuit court clerk
20            under Section 16 of the Clerks of Courts Act, but
21            the order shall not affect any index issued by the
22            circuit court clerk before the entry of the order;
23                (iii) the records shall be impounded by the
24            Department within 60 days of the date of service of
25            the order as ordered by the court, unless a motion
26            to vacate, modify, or reconsider the order is filed

 

 

HB3395- 28 -LRB100 06973 SMS 17024 b

1            under paragraph (12) of subsection (d) of this
2            Section;
3                (iv) records impounded by the Department may
4            be disseminated by the Department only as required
5            by law or to the arresting authority, the State's
6            Attorney, and the court upon a later arrest for the
7            same or a similar offense or for the purpose of
8            sentencing for any subsequent felony, and to the
9            Department of Corrections upon conviction for any
10            offense; and
11                (v) in response to an inquiry for these records
12            from anyone not authorized by law to access the
13            records, the court, the Department, or the agency
14            receiving the inquiry shall reply as it does in
15            response to inquiries when no records ever
16            existed.
17            (C) Upon entry of an order to seal records under
18        subsection (c), the arresting agency, any other agency
19        as ordered by the court, the Department, and the court
20        shall seal the records (as defined in subsection
21        (a)(1)(K)). In response to an inquiry for such records,
22        from anyone not authorized by law to access such
23        records, the court, the Department, or the agency
24        receiving such inquiry shall reply as it does in
25        response to inquiries when no records ever existed.
26            (D) The Department shall send written notice to the

 

 

HB3395- 29 -LRB100 06973 SMS 17024 b

1        petitioner of its compliance with each order to expunge
2        or seal records within 60 days of the date of service
3        of that order or, if a motion to vacate, modify, or
4        reconsider is filed, within 60 days of service of the
5        order resolving the motion, if that order requires the
6        Department to expunge or seal records. In the event of
7        an appeal from the circuit court order, the Department
8        shall send written notice to the petitioner of its
9        compliance with an Appellate Court or Supreme Court
10        judgment to expunge or seal records within 60 days of
11        the issuance of the court's mandate. The notice is not
12        required while any motion to vacate, modify, or
13        reconsider, or any appeal or petition for
14        discretionary appellate review, is pending.
15        (10) Fees. The Department may charge the petitioner a
16    fee equivalent to the cost of processing any order to
17    expunge or seal records. Notwithstanding any provision of
18    the Clerks of Courts Act to the contrary, the circuit court
19    clerk may charge a fee equivalent to the cost associated
20    with the sealing or expungement of records by the circuit
21    court clerk. From the total filing fee collected for the
22    petition to seal or expunge, the circuit court clerk shall
23    deposit $10 into the Circuit Court Clerk Operation and
24    Administrative Fund, to be used to offset the costs
25    incurred by the circuit court clerk in performing the
26    additional duties required to serve the petition to seal or

 

 

HB3395- 30 -LRB100 06973 SMS 17024 b

1    expunge on all parties. The circuit court clerk shall
2    collect and forward the Department of State Police portion
3    of the fee to the Department and it shall be deposited in
4    the State Police Services Fund.
5        (11) Final Order. No court order issued under the
6    expungement or sealing provisions of this Section shall
7    become final for purposes of appeal until 30 days after
8    service of the order on the petitioner and all parties
9    entitled to notice of the petition.
10        (12) Motion to Vacate, Modify, or Reconsider. Under
11    Section 2-1203 of the Code of Civil Procedure, the
12    petitioner or any party entitled to notice may file a
13    motion to vacate, modify, or reconsider the order granting
14    or denying the petition to expunge or seal within 60 days
15    of service of the order. If filed more than 60 days after
16    service of the order, a petition to vacate, modify, or
17    reconsider shall comply with subsection (c) of Section
18    2-1401 of the Code of Civil Procedure. Upon filing of a
19    motion to vacate, modify, or reconsider, notice of the
20    motion shall be served upon the petitioner and all parties
21    entitled to notice of the petition.
22        (13) Effect of Order. An order granting a petition
23    under the expungement or sealing provisions of this Section
24    shall not be considered void because it fails to comply
25    with the provisions of this Section or because of any error
26    asserted in a motion to vacate, modify, or reconsider. The

 

 

HB3395- 31 -LRB100 06973 SMS 17024 b

1    circuit court retains jurisdiction to determine whether
2    the order is voidable and to vacate, modify, or reconsider
3    its terms based on a motion filed under paragraph (12) of
4    this subsection (d).
5        (14) Compliance with Order Granting Petition to Seal
6    Records. Unless a court has entered a stay of an order
7    granting a petition to seal, all parties entitled to notice
8    of the petition must fully comply with the terms of the
9    order within 60 days of service of the order even if a
10    party is seeking relief from the order through a motion
11    filed under paragraph (12) of this subsection (d) or is
12    appealing the order.
13        (15) Compliance with Order Granting Petition to
14    Expunge Records. While a party is seeking relief from the
15    order granting the petition to expunge through a motion
16    filed under paragraph (12) of this subsection (d) or is
17    appealing the order, and unless a court has entered a stay
18    of that order, the parties entitled to notice of the
19    petition must seal, but need not expunge, the records until
20    there is a final order on the motion for relief or, in the
21    case of an appeal, the issuance of that court's mandate.
22        (16) The changes to this subsection (d) made by Public
23    Act 98-163 apply to all petitions pending on August 5, 2013
24    (the effective date of Public Act 98-163) and to all orders
25    ruling on a petition to expunge or seal on or after August
26    5, 2013 (the effective date of Public Act 98-163).

 

 

HB3395- 32 -LRB100 06973 SMS 17024 b

1    (e) Whenever a person who has been convicted of an offense
2is granted a pardon by the Governor which specifically
3authorizes expungement, he or she may, upon verified petition
4to the Chief Judge of the circuit where the person had been
5convicted, any judge of the circuit designated by the Chief
6Judge, or in counties of less than 3,000,000 inhabitants, the
7presiding trial judge at the defendant's trial, have a court
8order entered expunging the record of arrest from the official
9records of the arresting authority and order that the records
10of the circuit court clerk and the Department be sealed until
11further order of the court upon good cause shown or as
12otherwise provided herein, and the name of the defendant
13obliterated from the official index requested to be kept by the
14circuit court clerk under Section 16 of the Clerks of Courts
15Act in connection with the arrest and conviction for the
16offense for which he or she had been pardoned but the order
17shall not affect any index issued by the circuit court clerk
18before the entry of the order. All records sealed by the
19Department may be disseminated by the Department only to the
20arresting authority, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all sealed records of the Department pertaining
25to that individual. Upon entry of the order of expungement, the
26circuit court clerk shall promptly mail a copy of the order to

 

 

HB3395- 33 -LRB100 06973 SMS 17024 b

1the person who was pardoned.
2    (e-5) Whenever a person who has been convicted of an
3offense is granted a certificate of eligibility for sealing by
4the Prisoner Review Board which specifically authorizes
5sealing, he or she may, upon verified petition to the Chief
6Judge of the circuit where the person had been convicted, any
7judge of the circuit designated by the Chief Judge, or in
8counties of less than 3,000,000 inhabitants, the presiding
9trial judge at the petitioner's trial, have a court order
10entered sealing the record of arrest from the official records
11of the arresting authority and order that the records of the
12circuit court clerk and the Department be sealed until further
13order of the court upon good cause shown or as otherwise
14provided herein, and the name of the petitioner obliterated
15from the official index requested to be kept by the circuit
16court clerk under Section 16 of the Clerks of Courts Act in
17connection with the arrest and conviction for the offense for
18which he or she had been granted the certificate but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only as
22required by this Act or to the arresting authority, a law
23enforcement agency, the State's Attorney, and the court upon a
24later arrest for the same or similar offense or for the purpose
25of sentencing for any subsequent felony. Upon conviction for
26any subsequent offense, the Department of Corrections shall

 

 

HB3395- 34 -LRB100 06973 SMS 17024 b

1have access to all sealed records of the Department pertaining
2to that individual. Upon entry of the order of sealing, the
3circuit court clerk shall promptly mail a copy of the order to
4the person who was granted the certificate of eligibility for
5sealing.
6    (e-6) Whenever a person who has been convicted of an
7offense is granted a certificate of eligibility for expungement
8by the Prisoner Review Board which specifically authorizes
9expungement, he or she may, upon verified petition to the Chief
10Judge of the circuit where the person had been convicted, any
11judge of the circuit designated by the Chief Judge, or in
12counties of less than 3,000,000 inhabitants, the presiding
13trial judge at the petitioner's trial, have a court order
14entered expunging the record of arrest from the official
15records of the arresting authority and order that the records
16of the circuit court clerk and the Department be sealed until
17further order of the court upon good cause shown or as
18otherwise provided herein, and the name of the petitioner
19obliterated from the official index requested to be kept by the
20circuit court clerk under Section 16 of the Clerks of Courts
21Act in connection with the arrest and conviction for the
22offense for which he or she had been granted the certificate
23but the order shall not affect any index issued by the circuit
24court clerk before the entry of the order. All records sealed
25by the Department may be disseminated by the Department only as
26required by this Act or to the arresting authority, a law

 

 

HB3395- 35 -LRB100 06973 SMS 17024 b

1enforcement agency, the State's Attorney, and the court upon a
2later arrest for the same or similar offense or for the purpose
3of sentencing for any subsequent felony. Upon conviction for
4any subsequent offense, the Department of Corrections shall
5have access to all expunged records of the Department
6pertaining to that individual. Upon entry of the order of
7expungement, the circuit court clerk shall promptly mail a copy
8of the order to the person who was granted the certificate of
9eligibility for expungement.
10    (f) Subject to available funding, the Illinois Department
11of Corrections shall conduct a study of the impact of sealing,
12especially on employment and recidivism rates, utilizing a
13random sample of those who apply for the sealing of their
14criminal records under Public Act 93-211. At the request of the
15Illinois Department of Corrections, records of the Illinois
16Department of Employment Security shall be utilized as
17appropriate to assist in the study. The study shall not
18disclose any data in a manner that would allow the
19identification of any particular individual or employing unit.
20The study shall be made available to the General Assembly no
21later than September 1, 2010.
22(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
23eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
24eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
2598-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
2699-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.

 

 

HB3395- 36 -LRB100 06973 SMS 17024 b

17-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
 
2    Section 10. The School Code is amended by changing Sections
321B-15 and 21B-80 as follows:
 
4    (105 ILCS 5/21B-15)
5    Sec. 21B-15. Qualifications of educators.
6    (a) No one may be licensed to teach or supervise or be
7otherwise employed in the public schools of this State who is
8not of good character and at least 20 years of age.
9    In determining good character under this Section, the State
10Superintendent of Education shall take into consideration the
11disciplinary actions of other states or national entities
12against certificates or licenses issued by those states and
13held by individuals from those states. In addition, certain any
14felony convictions conviction of the applicant may be taken
15into consideration; however, no one may be licensed to teach or
16supervise in the public schools of this State who has been
17convicted of (i) an offense set forth in subsection (b) of
18Section 21B-80 of this Code until 7 years following the end of
19the sentence for the criminal offense or (ii) an offense set
20forth in subsection (c) of Section 21B-80 of this Code. Unless
21the conviction is for an offense set forth in Section 21B-80 of
22this Code, an applicant must be permitted to submit character
23references or other written material before such a conviction
24or other information regarding the applicant's character may be

 

 

HB3395- 37 -LRB100 06973 SMS 17024 b

1used by the State Superintendent of Education as a basis for
2denying the application.
3    (b) No person otherwise qualified shall be denied the right
4to be licensed or to receive training for the purpose of
5becoming an educator because of a physical disability,
6including, but not limited to, visual and hearing disabilities;
7nor shall any school district refuse to employ a teacher on
8such grounds, provided that the person is able to carry out the
9duties of the position for which he or she applies.
10    (c) No person may be granted or continue to hold an
11educator license who has knowingly altered or misrepresented
12his or her qualifications, in this State or any other state, in
13order to acquire or renew the license. Any other license issued
14under this Article held by the person may be suspended or
15revoked by the State Educator Preparation and Licensure Board,
16depending upon the severity of the alteration or
17misrepresentation.
18    (d) No one may teach or supervise in the public schools nor
19receive for teaching or supervising any part of any public
20school fund who does not hold an educator license granted by
21the State Superintendent of Education as provided in this
22Article. However, the provisions of this Article do not apply
23to a member of the armed forces who is employed as a teacher of
24subjects in the Reserve Officers' Training Corps of any school,
25nor to an individual teaching a dual credit course as provided
26for in the Dual Credit Quality Act.

 

 

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1    (e) Notwithstanding any other provision of this Code, the
2school board of a school district may grant to a teacher of the
3district a leave of absence with full pay for a period of not
4more than one year to permit the teacher to teach in a foreign
5state under the provisions of the Exchange Teacher Program
6established under Public Law 584, 79th Congress, and Public Law
7402, 80th Congress, as amended. The school board granting the
8leave of absence may employ, with or without pay, a national of
9the foreign state wherein the teacher on the leave of absence
10is to teach if the national is qualified to teach in that
11foreign state and if that national is to teach in a grade level
12similar to the one that was taught in the foreign state. The
13State Board of Education, in consultation with the State
14Educator Preparation and Licensure Board, may adopt rules as
15may be necessary to implement this subsection (e).
16(Source: P.A. 99-667, eff. 7-29-16.)
 
17    (105 ILCS 5/21B-80)
18    Sec. 21B-80. Conviction of certain offenses as grounds for
19disqualification for licensure or suspension or revocation of a
20license.
21    (a) As used in this Section:
22    "Drug offense" means any one or more of the following
23offenses:
24        (1) Any offense defined in the Cannabis Control Act,
25    except those defined in subdivisions (a), (b), and (c) of

 

 

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1    Section 4 and subdivisions (a) and (b) of Section 5 of the
2    Cannabis Control Act and any offense for which the holder
3    of a license is placed on probation under the provisions of
4    Section 10 of the Cannabis Control Act, provided that if
5    the terms and conditions of probation required by the court
6    are not fulfilled, the offense is not eligible for this
7    exception.
8        (2) Any offense defined in the Illinois Controlled
9    Substances Act, except any offense for which the holder of
10    a license is placed on probation under the provisions of
11    Section 410 of the Illinois Controlled Substances Act,
12    provided that if the terms and conditions of probation
13    required by the court are not fulfilled, the offense is not
14    eligible for this exception.
15        (3) Any offense defined in the Methamphetamine Control
16    and Community Protection Act, except any offense for which
17    the holder of a license is placed on probation under the
18    provision of Section 70 of that Act, provided that if the
19    terms and conditions of probation required by the court are
20    not fulfilled, the offense is not eligible for this
21    exception.
22        (4) Any attempt to commit any of the offenses listed in
23    items (1) through (3) of this definition.
24        (5) Any offense committed or attempted in any other
25    state or against the laws of the United States that, if
26    committed or attempted in this State, would have been

 

 

HB3395- 40 -LRB100 06973 SMS 17024 b

1    punishable as one or more of the offenses listed in items
2    (1) through (4) of this definition.
3The changes made by Public Act 96-431 to this definition are
4declaratory of existing law.
5    "Sentence" includes any period of supervision or probation
6that was imposed either alone or in combination with a period
7of incarceration.
8    "Sex offense" means any one or more of the following
9offenses:
10        (A) Any offense defined in Sections 11-6, 11-9 through
11    11-9.5, inclusive, and 11-30 (if punished as a Class 4
12    felony) of the Criminal Code of 1961 or the Criminal Code
13    of 2012; Sections 11-14.1 through 11-21, inclusive, of the
14    Criminal Code of 1961 or the Criminal Code of 2012;
15    Sections 11-23 (if punished as a Class 3 felony), 11-24,
16    11-25, and 11-26 of the Criminal Code of 1961 or the
17    Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
18    11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1,
19    12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished
20    pursuant to subdivision (4) or (5) of subsection (d) of
21    Section 26-4) of the Criminal Code of 1961 or the Criminal
22    Code of 2012.
23        (B) Any attempt to commit any of the offenses listed in
24    item (A) of this definition.
25        (C) Any offense committed or attempted in any other
26    state that, if committed or attempted in this State, would

 

 

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1    have been punishable as one or more of the offenses listed
2    in items (A) and (B) of this definition.
3    (b) Whenever the holder of any license issued pursuant to
4this Article or applicant for a license to be issued pursuant
5to this Article has been convicted of any drug offense, other
6than as provided in subsection (c) of this Section, the State
7Superintendent of Education shall forthwith suspend the
8license or deny the application, whichever is applicable, until
97 years following the end of the sentence for the criminal
10offense. If the conviction is reversed and the holder is
11acquitted of the offense in a new trial or the charges against
12him or her are dismissed, the State Superintendent of Education
13shall forthwith terminate the suspension of the license.
14    (c) Whenever the holder of a license issued pursuant to
15this Article or applicant for a license to be issued pursuant
16to this Article has been convicted of attempting to commit,
17conspiring to commit, soliciting, or committing any sex
18offense, first degree murder, or a Class X felony or any
19offense committed or attempted in any other state or against
20the laws of the United States that, if committed or attempted
21in this State, would have been punishable as one or more of the
22foregoing offenses, the State Superintendent of Education
23shall forthwith suspend the license or deny the application,
24whichever is applicable. If the conviction is reversed and the
25holder is acquitted of that offense in a new trial or the
26charges that he or she committed that offense are dismissed,

 

 

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1the State Superintendent of Education shall forthwith
2terminate the suspension of the license. When the conviction
3becomes final, the State Superintendent of Education shall
4forthwith revoke the license.
5    No consideration shall be given to convictions entered
6prior to the date of the application, where the applicant has
7completed any sentence imposed for that conviction, including
8any period of mandatory supervised release.
9(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
 
10    Section 15. The Residential Mortgage License Act of 1987 is
11amended by changing Section 7-3 as follows:
 
12    (205 ILCS 635/7-3)
13    Sec. 7-3. Issuance of license. The Director shall not issue
14a mortgage loan originator license unless the Director makes at
15a minimum the following findings:
16    (1) The applicant has never had a mortgage loan originator
17license revoked in any governmental jurisdiction, except that a
18subsequent formal vacation of such revocation shall not be
19deemed a revocation.
20    (2) (Blank). The applicant has not been convicted of, or
21pled guilty or nolo contendere to, a felony in a domestic,
22foreign, or military court:
23        (A) during the 7-year period preceding the date of the
24    application for licensing and registration; or

 

 

HB3395- 43 -LRB100 06973 SMS 17024 b

1        (B) at any time preceding such date of application, if
2    such felony involved an act of fraud, dishonesty, or a
3    breach of trust, or money laundering;
4provided that any pardon of a conviction shall not be a
5conviction for purposes of this item (2).
6    (3) The applicant has demonstrated financial
7responsibility, character, and general fitness so as to command
8the confidence of the community and to warrant a determination
9that the mortgage loan originator will operate honestly,
10fairly, and efficiently within the purposes of this Act. For
11purposes of this item (3) a person has shown that he or she is
12not financially responsible when he or she has shown a
13disregard for the management of his or her own financial
14condition. A determination that an individual has not shown
15financial responsibility may include, but is not limited to,
16consideration of:
17        (A) current outstanding judgments, except judgments
18    solely as a result of medical expenses;
19        (B) current outstanding tax liens or other government
20    liens and filings, educational loan defaults, and
21    non-payment of child support;
22        (C) foreclosures within the past 3 years;
23        (D) a pattern of seriously delinquent accounts within
24    the past 3 years; and
25        (E) an independent credit report obtained under
26    Section 7-2(c)(2) of the Act; provided that, a credit score

 

 

HB3395- 44 -LRB100 06973 SMS 17024 b

1    may not be the sole basis for determining that an
2    individual has not shown financial responsibility;
3    provided further that, the credit report may be the sole
4    basis for determining that an individual has not shown
5    financial responsibility.
6    No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10    (4) The applicant has completed the pre-licensing
11education requirement described in Section 7-4 of this Act.
12    (5) The applicant has passed a written test that meets the
13test requirement described in Section 7-5 of this Act.
14    (6) The applicant has met the surety bond requirement as
15required pursuant to Section 7-12 of this Act.
16(Source: P.A. 96-112, eff. 7-31-09.)
 
17    Section 20. The Emergency Medical Services (EMS) Systems
18Act is amended by changing Section 3.50 as follows:
 
19    (210 ILCS 50/3.50)
20    Sec. 3.50. Emergency Medical Services personnel licensure
21levels.
22    (a) "Emergency Medical Technician" or "EMT" means a person
23who has successfully completed a course in basic life support
24as approved by the Department, is currently licensed by the

 

 

HB3395- 45 -LRB100 06973 SMS 17024 b

1Department in accordance with standards prescribed by this Act
2and rules adopted by the Department pursuant to this Act, and
3practices within an EMS System. A valid Emergency Medical
4Technician-Basic (EMT-B) license issued under this Act shall
5continue to be valid and shall be recognized as an Emergency
6Medical Technician (EMT) license until the Emergency Medical
7Technician-Basic (EMT-B) license expires.
8    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
9means a person who has successfully completed a course in
10intermediate life support as approved by the Department, is
11currently licensed by the Department in accordance with
12standards prescribed by this Act and rules adopted by the
13Department pursuant to this Act, and practices within an
14Intermediate or Advanced Life Support EMS System.
15    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
16means a person who has successfully completed a course in basic
17and limited advanced emergency medical care as approved by the
18Department, is currently licensed by the Department in
19accordance with standards prescribed by this Act and rules
20adopted by the Department pursuant to this Act, and practices
21within an Intermediate or Advanced Life Support EMS System.
22    (c) "Paramedic (EMT-P)" means a person who has successfully
23completed a course in advanced life support care as approved by
24the Department, is licensed by the Department in accordance
25with standards prescribed by this Act and rules adopted by the
26Department pursuant to this Act, and practices within an

 

 

HB3395- 46 -LRB100 06973 SMS 17024 b

1Advanced Life Support EMS System. A valid Emergency Medical
2Technician-Paramedic (EMT-P) license issued under this Act
3shall continue to be valid and shall be recognized as a
4Paramedic license until the Emergency Medical
5Technician-Paramedic (EMT-P) license expires.
6    (c-5) "Emergency Medical Responder" or "EMR (First
7Responder)" means a person who has successfully completed a
8course in emergency medical response as approved by the
9Department and provides emergency medical response services
10prior to the arrival of an ambulance or specialized emergency
11medical services vehicle, in accordance with the level of care
12established by the National EMS Educational Standards
13Emergency Medical Responder course as modified by the
14Department. An Emergency Medical Responder who provides
15services as part of an EMS System response plan shall comply
16with the applicable sections of the Program Plan, as approved
17by the Department, of that EMS System. The Department shall
18have the authority to adopt rules governing the curriculum,
19practice, and necessary equipment applicable to Emergency
20Medical Responders.
21    On the effective date of this amendatory Act of the 98th
22General Assembly, a person who is licensed by the Department as
23a First Responder and has completed a Department-approved
24course in first responder defibrillator training based on, or
25equivalent to, the National EMS Educational Standards or other
26standards previously recognized by the Department shall be

 

 

HB3395- 47 -LRB100 06973 SMS 17024 b

1eligible for licensure as an Emergency Medical Responder upon
2meeting the licensure requirements and submitting an
3application to the Department. A valid First Responder license
4issued under this Act shall continue to be valid and shall be
5recognized as an Emergency Medical Responder license until the
6First Responder license expires.
7    (c-10) All EMS Systems and licensees shall be fully
8compliant with the National EMS Education Standards, as
9modified by the Department in administrative rules, within 24
10months after the adoption of the administrative rules.
11    (d) The Department shall have the authority and
12responsibility to:
13        (1) Prescribe education and training requirements,
14    which includes training in the use of epinephrine, for all
15    levels of EMS personnel except for EMRs, based on the
16    National EMS Educational Standards and any modifications
17    to those curricula specified by the Department through
18    rules adopted pursuant to this Act.
19        (2) Prescribe licensure testing requirements for all
20    levels of EMS personnel, which shall include a requirement
21    that all phases of instruction, training, and field
22    experience be completed before taking the appropriate
23    licensure examination. Candidates may elect to take the
24    appropriate National Registry examination in lieu of the
25    Department's examination, but are responsible for making
26    their own arrangements for taking the National Registry

 

 

HB3395- 48 -LRB100 06973 SMS 17024 b

1    examination. In prescribing licensure testing requirements
2    for honorably discharged members of the armed forces of the
3    United States under this paragraph (2), the Department
4    shall ensure that a candidate's military emergency medical
5    training, emergency medical curriculum completed, and
6    clinical experience, as described in paragraph (2.5), are
7    recognized.
8        (2.5) Review applications for EMS personnel licensure
9    from honorably discharged members of the armed forces of
10    the United States with military emergency medical
11    training. Applications shall be filed with the Department
12    within one year after military discharge and shall contain:
13    (i) proof of successful completion of military emergency
14    medical training; (ii) a detailed description of the
15    emergency medical curriculum completed; and (iii) a
16    detailed description of the applicant's clinical
17    experience. The Department may request additional and
18    clarifying information. The Department shall evaluate the
19    application, including the applicant's training and
20    experience, consistent with the standards set forth under
21    subsections (a), (b), (c), and (d) of Section 3.10. If the
22    application clearly demonstrates that the training and
23    experience meets such standards, the Department shall
24    offer the applicant the opportunity to successfully
25    complete a Department-approved EMS personnel examination
26    for the level of license for which the applicant is

 

 

HB3395- 49 -LRB100 06973 SMS 17024 b

1    qualified. Upon passage of an examination, the Department
2    shall issue a license, which shall be subject to all
3    provisions of this Act that are otherwise applicable to the
4    level of EMS personnel license issued.
5        (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
6    or Paramedic who have met the Department's education,
7    training and examination requirements.
8        (4) Prescribe annual continuing education and
9    relicensure requirements for all EMS personnel licensure
10    levels.
11        (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
12    A-EMT, or Paramedic every 4 years, based on their
13    compliance with continuing education and relicensure
14    requirements as required by the Department pursuant to this
15    Act. Every 4 years, a Paramedic shall have 100 hours of
16    approved continuing education, an EMT-I and an advanced EMT
17    shall have 80 hours of approved continuing education, and
18    an EMT shall have 60 hours of approved continuing
19    education. An Illinois licensed EMR, EMD, EMT, EMT-I,
20    A-EMT, Paramedic, ECRN, or PHRN whose license has been
21    expired for less than 36 months may apply for reinstatement
22    by the Department. Reinstatement shall require that the
23    applicant (i) submit satisfactory proof of completion of
24    continuing medical education and clinical requirements to
25    be prescribed by the Department in an administrative rule;
26    (ii) submit a positive recommendation from an Illinois EMS

 

 

HB3395- 50 -LRB100 06973 SMS 17024 b

1    Medical Director attesting to the applicant's
2    qualifications for retesting; and (iii) pass a Department
3    approved test for the level of EMS personnel license sought
4    to be reinstated.
5        (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
6    A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
7    standards and procedures established by the Department in
8    rules adopted pursuant to this Act.
9        (7) Charge a fee for EMS personnel examination,
10    licensure, and license renewal.
11        (8) Suspend, revoke, or refuse to issue or renew the
12    license of any licensee, after an opportunity for an
13    impartial hearing before a neutral administrative law
14    judge appointed by the Director, where the preponderance of
15    the evidence shows one or more of the following:
16            (A) The licensee has not met continuing education
17        or relicensure requirements as prescribed by the
18        Department;
19            (B) The licensee has failed to maintain
20        proficiency in the level of skills for which he or she
21        is licensed;
22            (C) The licensee, during the provision of medical
23        services, engaged in dishonorable, unethical, or
24        unprofessional conduct of a character likely to
25        deceive, defraud, or harm the public;
26            (D) The licensee has failed to maintain or has

 

 

HB3395- 51 -LRB100 06973 SMS 17024 b

1        violated standards of performance and conduct as
2        prescribed by the Department in rules adopted pursuant
3        to this Act or his or her EMS System's Program Plan;
4            (E) The licensee is physically impaired to the
5        extent that he or she cannot physically perform the
6        skills and functions for which he or she is licensed,
7        as verified by a physician, unless the person is on
8        inactive status pursuant to Department regulations;
9            (F) The licensee is mentally impaired to the extent
10        that he or she cannot exercise the appropriate
11        judgment, skill and safety for performing the
12        functions for which he or she is licensed, as verified
13        by a physician, unless the person is on inactive status
14        pursuant to Department regulations;
15            (G) The licensee has violated this Act or any rule
16        adopted by the Department pursuant to this Act; or
17            (H) The licensee has been convicted (or entered a
18        plea of guilty or nolo-contendere) by a court of
19        competent jurisdiction of a Class X, Class 1, or Class
20        2 felony in this State or an out-of-state equivalent
21        offense.
22        No consideration shall be given to convictions entered
23    prior to the date of the application, where the applicant
24    has completed any sentence imposed for that conviction,
25    including any period of mandatory supervised release.
26        (9) Prescribe education and training requirements in

 

 

HB3395- 52 -LRB100 06973 SMS 17024 b

1    the administration and use of opioid antagonists for all
2    levels of EMS personnel based on the National EMS
3    Educational Standards and any modifications to those
4    curricula specified by the Department through rules
5    adopted pursuant to this Act.
6    (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
7PHRN who is a member of the Illinois National Guard or an
8Illinois State Trooper or who exclusively serves as a volunteer
9for units of local government with a population base of less
10than 5,000 or as a volunteer for a not-for-profit organization
11that serves a service area with a population base of less than
125,000 may submit an application to the Department for a waiver
13of the fees described under paragraph (7) of subsection (d) of
14this Section on a form prescribed by the Department.
15    The education requirements prescribed by the Department
16under this Section must allow for the suspension of those
17requirements in the case of a member of the armed services or
18reserve forces of the United States or a member of the Illinois
19National Guard who is on active duty pursuant to an executive
20order of the President of the United States, an act of the
21Congress of the United States, or an order of the Governor at
22the time that the member would otherwise be required to fulfill
23a particular education requirement. Such a person must fulfill
24the education requirement within 6 months after his or her
25release from active duty.
26    (e) In the event that any rule of the Department or an EMS

 

 

HB3395- 53 -LRB100 06973 SMS 17024 b

1Medical Director that requires testing for drug use as a
2condition of the applicable EMS personnel license conflicts
3with or duplicates a provision of a collective bargaining
4agreement that requires testing for drug use, that rule shall
5not apply to any person covered by the collective bargaining
6agreement.
7(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
8eff. 8-15-14; 99-480, eff. 9-9-15.)
 
9    Section 25. The Title Insurance Act is amended by changing
10Section 21 as follows:
 
11    (215 ILCS 155/21)  (from Ch. 73, par. 1421)
12    Sec. 21. Regulatory action.
13    (a) The Secretary may refuse to grant, and may suspend or
14revoke, any certificate of authority, registration, or license
15issued pursuant to this Act or may impose a fine for a
16violation of this Act if he determines that the holder of or
17applicant for such certificate, registration or license:
18        (1) has intentionally made a material misstatement or
19    fraudulent misrepresentation in relation to a matter
20    covered by this Act;
21        (2) has misappropriated or tortiously converted to its
22    own use, or illegally withheld, monies held in a fiduciary
23    capacity;
24        (3) has demonstrated untrustworthiness or incompetency

 

 

HB3395- 54 -LRB100 06973 SMS 17024 b

1    in transacting the business of guaranteeing titles to real
2    estate in such a manner as to endanger the public;
3        (4) has materially misrepresented the terms or
4    conditions of contracts or agreements to which it is a
5    party;
6        (5) has paid any commissions, discounts or any part of
7    its premiums, fees or other charges to any person in
8    violation of any State or federal law or regulations or
9    opinion letters issued under the federal Real Estate
10    Settlement Procedures Act of 1974;
11        (6) has failed to comply with the deposit and reserve
12    requirements of this Act or any other requirements of this
13    Act;
14        (7) has committed fraud or misrepresentation in
15    applying for or procuring any certificate of authority,
16    registration, or license issued pursuant to this Act;
17        (8) has a conviction or plea of guilty or plea of nolo
18    contendere in this State or any other jurisdiction to (i)
19    any felony or (ii) a misdemeanor, an essential element of
20    which is dishonesty or fraud or larceny, embezzlement, or
21    obtaining money, property, or credit by false pretenses or
22    by means of a confidence game;
23        (9) has been disciplined by another state, the District
24    of Columbia, a territory, foreign nation, a governmental
25    agency, or any entity authorized to impose discipline if at
26    least one of the grounds for that discipline is the same as

 

 

HB3395- 55 -LRB100 06973 SMS 17024 b

1    or equivalent to one of the grounds for which a title
2    insurance company, title insurance agent, or independent
3    escrowee may be disciplined under this Act or if at least
4    one of the grounds for that discipline involves dishonesty;
5    a certified copy of the record of the action by the other
6    state or jurisdiction shall be prima facie evidence
7    thereof;
8        (10) has advertising that is inaccurate, misleading,
9    or contrary to the provisions of this Act;
10        (11) has knowingly and willfully made any substantial
11    misrepresentation or untruthful advertising;
12        (12) has made any false promises of a character likely
13    to influence, persuade, or induce;
14        (13) has knowingly failed to account for or remit any
15    money or documents coming into the possession of a title
16    insurance company, title insurance agent, or independent
17    escrowee that belong to others;
18        (14) has engaged in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public;
21        (15) has violated the terms of a disciplinary order
22    issued by the Department;
23        (16) has disregarded or violated any provision of this
24    Act or the published rules adopted by the Department to
25    enforce this Act or has aided or abetted any individual,
26    partnership, registered limited liability partnership,

 

 

HB3395- 56 -LRB100 06973 SMS 17024 b

1    limited liability company, or corporation in disregarding
2    any provision of this Act or the published rules; or
3        (17) has acted as a title insurance company, title
4    insurance agent, or independent escrowee without a
5    certificate of authority, registration, or license after
6    the title insurance company, title insurance agent, or
7    independent escrowee's certificate of authority,
8    registration, or license was inoperative.
9        No consideration shall be given to convictions entered
10    prior to the date of the application, where the applicant
11    has completed any sentence imposed for that conviction,
12    including any period of mandatory supervised release.
13    (b) In every case where a registration or certificate is
14suspended or revoked, or an application for a registration or
15certificate or renewal thereof is refused, the Secretary shall
16serve notice of his action, including a statement of the
17reasons for his action, as provided by this Act. When a notice
18of suspension or revocation of a certificate of authority is
19given to a title insurance company, the Secretary shall also
20notify all the registered agents of that title insurance
21company of the Secretary's action.
22    (c) In the case of a refusal to issue or renew a
23certificate or accept a registration, the applicant or
24registrant may request in writing, within 30 days after the
25date of service, a hearing. In the case of a refusal to renew,
26the expiring registration or certificate shall be deemed to

 

 

HB3395- 57 -LRB100 06973 SMS 17024 b

1continue in force until 30 days after the service of the notice
2of refusal to renew, or if a hearing is requested during that
3period, until a final order is entered pursuant to such
4hearing.
5    (d) The suspension or revocation of a registration or
6certificate shall take effect upon service of notice thereof.
7The holder of any such suspended registration or certificate
8may request in writing, within 30 days of such service, a
9hearing.
10    (e) In cases of suspension or revocation of registration
11pursuant to subsection (a), the Secretary may, in the public
12interest, issue an order of suspension or revocation which
13shall take effect upon service of notification thereof. Such
14order shall become final 60 days from the date of service
15unless the registrant requests in writing, within such 60 days,
16a formal hearing thereon. In the event a hearing is requested,
17the order shall remain temporary until a final order is entered
18pursuant to such hearing.
19    (f) Hearing shall be held at such time and place as may be
20designated by the Secretary either in the City of Springfield,
21the City of Chicago, or in the county in which the principal
22business office of the affected registrant or certificate
23holder is located.
24    (g) The suspension or revocation of a registration or
25certificate or the refusal to issue or renew a registration or
26certificate shall not in any way limit or terminate the

 

 

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1responsibilities of any registrant or certificate holder
2arising under any policy or contract of title insurance to
3which it is a party. No new contract or policy of title
4insurance may be issued, nor may any existing policy or
5contract to title insurance be renewed by any registrant or
6certificate holder during any period of suspension or
7revocation of a registration or certificate.
8    (h) The Secretary may issue a cease and desist order to a
9title insurance company, agent, or other entity doing business
10without the required license or registration, when in the
11opinion of the Secretary, the company, agent, or other entity
12is violating or is about to violate any provision of this Act
13or any law or of any rule or condition imposed in writing by
14the Department.
15    The Secretary may issue the cease and desist order without
16notice and before a hearing.
17    The Secretary shall have the authority to prescribe rules
18for the administration of this Section.
19    If it is determined that the Secretary had the authority to
20issue the cease and desist order, he may issue such orders as
21may be reasonably necessary to correct, eliminate or remedy
22such conduct.
23    Any person or company subject to an order pursuant to this
24Section is entitled to judicial review of the order in
25accordance with the provisions of the Administrative Review
26Law.

 

 

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1    The powers vested in the Secretary by this Section are
2additional to any and all other powers and remedies vested in
3the Secretary by law, and nothing in this Section shall be
4construed as requiring that the Secretary shall employ the
5powers conferred in this Section instead of or as a condition
6precedent to the exercise of any other power or remedy vested
7in the Secretary.
8(Source: P.A. 98-398, eff. 1-1-14.)
 
9    Section 30. The Acupuncture Practice Act is amended by
10changing Section 110 as follows:
 
11    (225 ILCS 2/110)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 110. Grounds for disciplinary action.
14    (a) The Department may refuse to issue or to renew, place
15on probation, suspend, revoke or take other disciplinary or
16non-disciplinary action as deemed appropriate including the
17imposition of fines not to exceed $10,000 for each violation,
18as the Department may deem proper, with regard to a license for
19any one or combination of the following causes:
20        (1) Violations of the Act or its rules.
21        (2) Conviction or plea of guilty or nolo contendere of
22    any crime under the laws of the United States or any state
23    or territory thereof that is (i) a felony or (ii) a
24    misdemeanor, an essential element of which is dishonesty or

 

 

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1    that is directly related to the practice of the profession.
2        (3) Making any misrepresentation for the purpose of
3    obtaining a license.
4        (4) Aiding or assisting another person in violating any
5    provision of this Act or its rules.
6        (5) Failing to provide information within 60 days in
7    response to a written request made by the Department which
8    has been sent by certified or registered mail to the
9    licensee's last known address.
10        (6) Discipline by another U.S. jurisdiction or foreign
11    nation, if at least one of the grounds for the discipline
12    is the same or substantially equivalent to one set forth in
13    this Section.
14        (7) Solicitation of professional services by means
15    other than permitted under this Act.
16        (8) Failure to provide a patient with a copy of his or
17    her record upon the written request of the patient.
18        (9) Gross negligence in the practice of acupuncture.
19        (10) Habitual or excessive use or addiction to alcohol,
20    narcotics, stimulants, or any other chemical agent or drug
21    that results in an acupuncturist's inability to practice
22    with reasonable judgment, skill, or safety.
23        (11) A finding that licensure has been applied for or
24    obtained by fraudulent means.
25        (12) A pattern of practice or other behavior that
26    demonstrates incapacity or incompetence to practice under

 

 

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1    this Act.
2        (13) Being named as a perpetrator in an indicated
3    report by the Department of Children and Family Services
4    under the Abused and Neglected Child Reporting Act and upon
5    proof by clear and convincing evidence that the licensee
6    has caused a child to be an abused child or a neglected
7    child as defined in the Abused and Neglected Child
8    Reporting Act.
9        (14) Wilfully failing to report an instance of
10    suspected child abuse or neglect as required by the Abused
11    and Neglected Child Reporting Act.
12        (15) The use of any words, abbreviations, figures or
13    letters (such as Acupuncturist, Licensed Acupuncturist,
14    Certified Acupuncturist, C.A., Act., Lic. Act., or Lic.
15    Ac.) with the intention of indicating practice as a
16    licensed acupuncturist without a valid license as an
17    acupuncturist issued under this Act.
18        (16) Using claims of superior quality of care to entice
19    the public or advertising fee comparisons of available
20    services with those of other persons providing acupuncture
21    services.
22        (17) Advertising of professional services that the
23    offeror of the services is not licensed to render.
24    Advertising of professional services that contains false,
25    fraudulent, deceptive, or misleading material or
26    guarantees of success, statements that play upon the vanity

 

 

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1    or fears of the public, or statements that promote or
2    produce unfair competition.
3        (18) Having treated ailments of human beings other than
4    by the practice of acupuncture as defined in this Act, or
5    having treated ailments of human beings as a licensed
6    acupuncturist pursuant to a referral by written order that
7    provides for management of the patient by a physician or
8    dentist without having notified the physician or dentist
9    who established the diagnosis that the patient is receiving
10    acupuncture treatment.
11        (19) Unethical, unauthorized, or unprofessional
12    conduct as defined by rule.
13        (20) Physical illness, mental illness, or other
14    impairment that results in the inability to practice the
15    profession with reasonable judgment, skill, and safety,
16    including without limitation deterioration through the
17    aging process, mental illness, or disability.
18        (21) Violation of the Health Care Worker Self-Referral
19    Act.
20        No consideration shall be given to convictions entered
21    prior to the date of the application, where the applicant
22    has completed any sentence imposed for that conviction,
23    including any period of mandatory supervised release.
24    The entry of an order by a circuit court establishing that
25any person holding a license under this Act is subject to
26involuntary admission or judicial admission as provided for in

 

 

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1the Mental Health and Developmental Disabilities Code operates
2as an automatic suspension of that license. That person may
3have his or her license restored only upon the determination by
4a circuit court that the patient is no longer subject to
5involuntary admission or judicial admission and the issuance of
6an order so finding and discharging the patient and upon the
7Board's recommendation to the Department that the license be
8restored. Where the circumstances so indicate, the Board may
9recommend to the Department that it require an examination
10prior to restoring a suspended license.
11    The Department may refuse to issue or renew the license of
12any person who fails to (i) file a return or to pay the tax,
13penalty or interest shown in a filed return or (ii) pay any
14final assessment of the tax, penalty, or interest as required
15by any tax Act administered by the Illinois Department of
16Revenue, until the time that the requirements of that tax Act
17are satisfied.
18    In enforcing this Section, the Department or Board upon a
19showing of a possible violation may compel an individual
20licensed to practice under this Act, or who has applied for
21licensure under this Act, to submit to a mental or physical
22examination, or both, as required by and at the expense of the
23Department. The Department or Board may order the examining
24physician to present testimony concerning the mental or
25physical examination of the licensee or applicant. No
26information shall be excluded by reason of any common law or

 

 

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1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3examining physicians shall be specifically designated by the
4Board or Department. The individual to be examined may have, at
5his or her own expense, another physician of his or her choice
6present during all aspects of this examination. Failure of an
7individual to submit to a mental or physical examination, when
8directed, shall be grounds for suspension of his or her license
9until the individual submits to the examination if the
10Department finds, after notice and hearing, that the refusal to
11submit to the examination was without reasonable cause.
12    If the Department or Board finds an individual unable to
13practice because of the reasons set forth in this Section, the
14Department or Board may require that individual to submit to
15care, counseling, or treatment by physicians approved or
16designated by the Department or Board, as a condition, term, or
17restriction for continued, reinstated, or renewed licensure to
18practice; or, in lieu of care, counseling, or treatment, the
19Department may file, or the Board may recommend to the
20Department to file, a complaint to immediately suspend, revoke,
21or otherwise discipline the license of the individual. An
22individual whose license was granted, continued, reinstated,
23renewed, disciplined or supervised subject to such terms,
24conditions, or restrictions, and who fails to comply with such
25terms, conditions, or restrictions, shall be referred to the
26Secretary for a determination as to whether the individual

 

 

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1shall have his or her license suspended immediately, pending a
2hearing by the Department.
3    In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 30 days after
6the suspension and completed without appreciable delay. The
7Department and Board shall have the authority to review the
8subject individual's record of treatment and counseling
9regarding the impairment to the extent permitted by applicable
10federal statutes and regulations safeguarding the
11confidentiality of medical records.
12    An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department or Board that he or she can resume practice in
15compliance with acceptable and prevailing standards under the
16provisions of his or her license.
17(Source: P.A. 95-450, eff. 8-27-07.)
 
18    Section 35. The Illinois Athletic Trainers Practice Act is
19amended by changing Section 16 as follows:
 
20    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 16. Grounds for discipline.
23    (1) The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand, or take other

 

 

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1disciplinary action as the Department may deem proper,
2including fines not to exceed $10,000 for each violation, with
3regard to any licensee for any one or combination of the
4following:
5        (A) Material misstatement in furnishing information to
6    the Department;
7        (B) Violations of this Act, or of the rules or
8    regulations promulgated hereunder;
9        (C) Conviction of or plea of guilty to any crime under
10    the Criminal Code of 2012 or the laws of any jurisdiction
11    of the United States that is (i) a felony, (ii) a
12    misdemeanor, an essential element of which is dishonesty,
13    or (iii) of any crime that is directly related to the
14    practice of the profession;
15        (D) Fraud or any misrepresentation in applying for or
16    procuring a license under this Act, or in connection with
17    applying for renewal of a license under this Act;
18        (E) Professional incompetence or gross negligence;
19        (F) Malpractice;
20        (G) Aiding or assisting another person, firm,
21    partnership, or corporation in violating any provision of
22    this Act or rules;
23        (H) Failing, within 60 days, to provide information 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;
2        (J) Habitual or excessive use or abuse of drugs defined
3    in law as controlled substances, alcohol, or any other
4    substance that results in the inability to practice with
5    reasonable judgment, skill, or safety;
6        (K) Discipline by another state, unit of government,
7    government agency, the District of Columbia, territory, or
8    foreign nation, if at least one of the grounds for the
9    discipline is the same or substantially equivalent to those
10    set forth herein;
11        (L) Directly or indirectly giving to or receiving from
12    any person, firm, corporation, partnership, or association
13    any fee, commission, rebate, or other form of compensation
14    for any professional services not actually or personally
15    rendered. Nothing in this subparagraph (L) affects any bona
16    fide independent contractor or employment arrangements
17    among health care professionals, health facilities, health
18    care providers, or other entities, except as otherwise
19    prohibited by law. Any employment arrangements may include
20    provisions for compensation, health insurance, pension, or
21    other employment benefits for the provision of services
22    within the scope of the licensee's practice under this Act.
23    Nothing in this subparagraph (L) shall be construed to
24    require an employment arrangement to receive professional
25    fees for services rendered;
26        (M) A finding by the Department that the licensee after

 

 

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1    having his or her license disciplined has violated the
2    terms of probation;
3        (N) Abandonment of an athlete;
4        (O) Willfully making or filing false records or reports
5    in his or her practice, including but not limited to false
6    records filed with State agencies or departments;
7        (P) Willfully failing to report an instance of
8    suspected child abuse or neglect as required by the Abused
9    and Neglected Child Reporting Act;
10        (Q) Physical illness, including but not limited to
11    deterioration through the aging process, or loss of motor
12    skill that results in the inability to practice the
13    profession with reasonable judgment, skill, or safety;
14        (R) Solicitation of professional services other than
15    by permitted institutional policy;
16        (S) The use of any words, abbreviations, figures or
17    letters with the intention of indicating practice as an
18    athletic trainer without a valid license as an athletic
19    trainer under this Act;
20        (T) The evaluation or treatment of ailments of human
21    beings other than by the practice of athletic training as
22    defined in this Act or the treatment of injuries of
23    athletes by a licensed athletic trainer except by the
24    referral of a physician, podiatric physician, or dentist;
25        (U) Willfully violating or knowingly assisting in the
26    violation of any law of this State relating to the use of

 

 

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1    habit-forming drugs;
2        (V) Willfully violating or knowingly assisting in the
3    violation of any law of this State relating to the practice
4    of abortion;
5        (W) Continued practice by a person knowingly having an
6    infectious communicable or contagious disease;
7        (X) Being named as a perpetrator in an indicated report
8    by the Department of Children and Family Services pursuant
9    to the Abused and Neglected Child Reporting Act and upon
10    proof by clear and convincing evidence that the licensee
11    has caused a child to be an abused child or neglected child
12    as defined in the Abused and Neglected Child Reporting Act;
13        (Y) (Blank);
14        (Z) Failure to fulfill continuing education
15    requirements;
16        (AA) Allowing one's license under this Act to be used
17    by an unlicensed person in violation of this Act;
18        (BB) Practicing under a false or, except as provided by
19    law, assumed name;
20        (CC) Promotion of the sale of drugs, devices,
21    appliances, or goods provided in any manner to exploit the
22    client for the financial gain of the licensee;
23        (DD) Gross, willful, or continued overcharging for
24    professional services;
25        (EE) Mental illness or disability that results in the
26    inability to practice under this Act with reasonable

 

 

HB3395- 70 -LRB100 06973 SMS 17024 b

1    judgment, skill, or safety; or
2        (FF) Cheating on or attempting to subvert the licensing
3    examination administered under this Act.
4    No consideration shall be given to convictions entered
5prior to the date of the application, where the applicant has
6completed any sentence imposed for that conviction, including
7any period of mandatory supervised release.
8    All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12    (2) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code operates as an automatic suspension. Such suspension will
16end only upon a finding by a court that the licensee is no
17longer subject to involuntary admission or judicial admission
18and issuance of an order so finding and discharging the
19licensee.
20    (3) The Department may refuse to issue or may suspend
21without hearing, as provided for in the Code of Civil
22Procedure, the license of any person who fails to file a
23return, to pay the tax, penalty, or interest shown in a filed
24return, or to pay any final assessment of tax, penalty, or
25interest as required by any tax Act administered by the
26Illinois Department of Revenue, until such time as the

 

 

HB3395- 71 -LRB100 06973 SMS 17024 b

1requirements of any such tax Act are satisfied in accordance
2with subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
4Illinois.
5    (4) In enforcing this Section, the Department, upon a
6showing of a possible violation, may compel any individual who
7is licensed under this Act or any individual who has applied
8for licensure to submit to a mental or physical examination or
9evaluation, or both, which may include a substance abuse or
10sexual offender evaluation, at the expense of the Department.
11The Department shall specifically designate the examining
12physician licensed to practice medicine in all of its branches
13or, if applicable, the multidisciplinary team involved in
14providing the mental or physical examination and evaluation.
15The multidisciplinary team shall be led by a physician licensed
16to practice medicine in all of its branches and may consist of
17one or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed clinical psychologists, licensed clinical
20social workers, licensed clinical professional counselors, and
21other professional and administrative staff. Any examining
22physician or member of the multidisciplinary team may require
23any person ordered to submit to an examination and evaluation
24pursuant to this Section to submit to any additional
25supplemental testing deemed necessary to complete any
26examination or evaluation process, including, but not limited

 

 

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1to, blood testing, urinalysis, psychological testing, or
2neuropsychological testing.
3    The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the licensee or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination and evaluation. No information, report,
13record, or other documents in any way related to the
14examination and evaluation shall be excluded by reason of any
15common law or statutory privilege relating to communication
16between the licensee or applicant and the examining physician
17or any member of the multidisciplinary team. No authorization
18is necessary from the licensee or applicant ordered to undergo
19an evaluation and examination for the examining physician or
20any member of the multidisciplinary team to provide
21information, reports, records, or other documents or to provide
22any testimony regarding the examination and evaluation. The
23individual to be examined may have, at his or her own expense,
24another physician of his or her choice present during all
25aspects of the examination.
26    Failure of any individual to submit to a mental or physical

 

 

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1examination or evaluation, or both, when directed, shall result
2in an automatic suspension without hearing, until such time as
3the individual submits to the examination. If the Department
4finds a licensee unable to practice because of the reasons set
5forth in this Section, the Department shall require the
6licensee to submit to care, counseling, or treatment by
7physicians approved or designated by the Department as a
8condition for continued, reinstated, or renewed licensure.
9    When the Secretary immediately suspends a license under
10this Section, a hearing upon such person's license must be
11convened by the Department within 15 days after the suspension
12and completed without appreciable delay. The Department shall
13have the authority to review the licensee's record of treatment
14and counseling regarding the impairment to the extent permitted
15by applicable federal statutes and regulations safeguarding
16the confidentiality of medical records.
17    Individuals licensed under this Act who are affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department that they can resume practice in compliance with
20acceptable and prevailing standards under the provisions of
21their license.
22    (5) The Department shall deny a license or renewal
23authorized by this Act to a person who has defaulted on an
24educational loan or scholarship provided or guaranteed by the
25Illinois Student Assistance Commission or any governmental
26agency of this State in accordance with paragraph (5) of

 

 

HB3395- 74 -LRB100 06973 SMS 17024 b

1subsection (a) of Section 2105-15 of the Department of
2Professional Regulation Law of the Civil Administrative Code of
3Illinois.
4    (6) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency to
8the Department, the Department may refuse to issue or renew or
9may revoke or suspend that person's license or may take other
10disciplinary action against that person based solely upon the
11certification of delinquency made by the Department of
12Healthcare and Family Services in accordance with paragraph (5)
13of subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois.
16(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)
 
17    Section 40. The Clinical Psychologist Licensing Act is
18amended by changing Section 15 as follows:
 
19    (225 ILCS 15/15)  (from Ch. 111, par. 5365)
20    (Section scheduled to be repealed on January 1, 2027)
21    Sec. 15. Disciplinary action; grounds. The Department may
22refuse to issue, refuse to renew, suspend, or revoke any
23license, or may place on probation, reprimand, or take other
24disciplinary or non-disciplinary action deemed appropriate by

 

 

HB3395- 75 -LRB100 06973 SMS 17024 b

1the Department, including the imposition of fines not to exceed
2$10,000 for each violation, with regard to any license issued
3under the provisions of this Act for any one or a combination
4of the following reasons:
5        (1) Conviction of, or entry of a plea of guilty or nolo
6    contendere to, any crime that is a felony under the laws of
7    the United States or any state or territory thereof or that
8    is a misdemeanor of which an essential element is
9    dishonesty, or any crime that is directly related to the
10    practice of the profession.
11        (2) Gross negligence in the rendering of clinical
12    psychological services.
13        (3) Using fraud or making any misrepresentation in
14    applying for a license or in passing the examination
15    provided for in this Act.
16        (4) Aiding or abetting or conspiring to aid or abet a
17    person, not a clinical psychologist licensed under this
18    Act, in representing himself or herself as so licensed or
19    in applying for a license under this Act.
20        (5) Violation of any provision of this Act or the rules
21    promulgated thereunder.
22        (6) Professional connection or association with any
23    person, firm, association, partnership or corporation
24    holding himself, herself, themselves, or itself out in any
25    manner contrary to this Act.
26        (7) Unethical, unauthorized or unprofessional conduct

 

 

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1    as defined by rule. In establishing those rules, the
2    Department shall consider, though is not bound by, the
3    ethical standards for psychologists promulgated by
4    recognized national psychology associations.
5        (8) Aiding or assisting another person in violating any
6    provisions of this Act or the rules promulgated thereunder.
7        (9) Failing to provide, within 60 days, information in
8    response to a written request made by the Department.
9        (10) Habitual or excessive use or addiction to alcohol,
10    narcotics, stimulants, or any other chemical agent or drug
11    that results in a clinical psychologist's inability to
12    practice with reasonable judgment, skill or safety.
13        (11) Discipline by another state, territory, the
14    District of Columbia or foreign country, if at least one of
15    the grounds for the discipline is the same or substantially
16    equivalent to those set forth herein.
17        (12) Directly or indirectly giving or receiving from
18    any person, firm, corporation, association or partnership
19    any fee, commission, rebate, or other form of compensation
20    for any professional service not actually or personally
21    rendered. Nothing in this paragraph (12) affects any bona
22    fide independent contractor or employment arrangements
23    among health care professionals, health facilities, health
24    care providers, or other entities, except as otherwise
25    prohibited by law. Any employment arrangements may include
26    provisions for compensation, health insurance, pension, or

 

 

HB3395- 77 -LRB100 06973 SMS 17024 b

1    other employment benefits for the provision of services
2    within the scope of the licensee's practice under this Act.
3    Nothing in this paragraph (12) shall be construed to
4    require an employment arrangement to receive professional
5    fees for services rendered.
6        (13) A finding that the licensee, after having his or
7    her license placed on probationary status has violated the
8    terms of probation.
9        (14) Willfully making or filing false records or
10    reports, including but not limited to, false records or
11    reports filed with State agencies or departments.
12        (15) Physical illness, including but not limited to,
13    deterioration through the aging process, mental illness or
14    disability that results in the inability to practice the
15    profession with reasonable judgment, skill and safety.
16        (16) Willfully failing to report an instance of
17    suspected child abuse or neglect as required by the Abused
18    and Neglected Child Reporting Act.
19        (17) Being named as a perpetrator in an indicated
20    report by the Department of Children and Family Services
21    pursuant to the Abused and Neglected Child Reporting Act,
22    and upon proof by clear and convincing evidence that the
23    licensee has caused a child to be an abused child or
24    neglected child as defined in the Abused and Neglected
25    Child Reporting Act.
26        (18) Violation of the Health Care Worker Self-Referral

 

 

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1    Act.
2        (19) Making a material misstatement in furnishing
3    information to the Department, any other State or federal
4    agency, or any other entity.
5        (20) Failing to report to the Department any adverse
6    judgment, settlement, or award arising from a liability
7    claim related to an act or conduct similar to an act or
8    conduct that would constitute grounds for action as set
9    forth in this Section.
10        (21) Failing to report to the Department any adverse
11    final action taken against a licensee or applicant by
12    another licensing jurisdiction, including any other state
13    or territory of the United States or any foreign state or
14    country, or any peer review body, health care institution,
15    professional society or association related to the
16    profession, governmental agency, law enforcement agency,
17    or court for an act or conduct similar to an act or conduct
18    that would constitute grounds for disciplinary action as
19    set forth in this Section.
20        (22) Prescribing, selling, administering,
21    distributing, giving, or self-administering (A) any drug
22    classified as a controlled substance (designated product)
23    for other than medically accepted therapeutic purposes or
24    (B) any narcotic drug.
25        (23) Violating state or federal laws or regulations
26    relating to controlled substances, legend drugs, or

 

 

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1    ephedra as defined in the Ephedra Prohibition Act.
2        (24) Exceeding the terms of a collaborative agreement
3    or the prescriptive authority delegated to a licensee by
4    his or her collaborating physician or established under a
5    written collaborative agreement.
6    No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10    The entry of an order by any circuit court establishing
11that any person holding a license under this Act is subject to
12involuntary admission or judicial admission as provided for in
13the Mental Health and Developmental Disabilities Code,
14operates as an automatic suspension of that license. That
15person may have his or her license restored only upon the
16determination by a circuit court that the patient is no longer
17subject to involuntary admission or judicial admission and the
18issuance of an order so finding and discharging the patient and
19upon the Board's recommendation to the Department that the
20license be restored. Where the circumstances so indicate, the
21Board may recommend to the Department that it require an
22examination prior to restoring any license so automatically
23suspended.
24    The Department shall refuse to issue or suspend the license
25of any person who fails to file a return, or to pay the tax,
26penalty or interest shown in a filed return, or to pay any

 

 

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1final assessment of the tax penalty or interest, as required by
2any tax Act administered by the Illinois Department of Revenue,
3until such time as the requirements of any such tax Act are
4satisfied.
5    In enforcing this Section, the Department or Board upon a
6showing of a possible violation may compel any person licensed
7to practice under this Act, or who has applied for licensure or
8certification pursuant to this Act, to submit to a mental or
9physical examination, or both, as required by and at the
10expense of the Department. The examining physicians or clinical
11psychologists shall be those specifically designated by the
12Department. The Board or the Department may order the examining
13physician or clinical psychologist to present testimony
14concerning this mental or physical examination of the licensee
15or applicant. No information shall be excluded by reason of any
16common law or statutory privilege relating to communications
17between the licensee or applicant and the examining physician
18or clinical psychologist. The person to be examined may have,
19at his or her own expense, another physician or clinical
20psychologist of his or her choice present during all aspects of
21the examination. Failure of any person to submit to a mental or
22physical examination, when directed, shall be grounds for
23suspension of a license until the person submits to the
24examination if the Department or Board finds, after notice and
25hearing, that the refusal to submit to the examination was
26without reasonable cause.

 

 

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1    If the Department or Board finds a person unable to
2practice because of the reasons set forth in this Section, the
3Department or Board may require that person to submit to care,
4counseling or treatment by physicians or clinical
5psychologists approved or designated by the Department, as a
6condition, term, or restriction for continued, reinstated, or
7renewed licensure to practice; or, in lieu of care, counseling
8or treatment, the Board may recommend to the Department to file
9or the Department may file a complaint to immediately suspend,
10revoke or otherwise discipline the license of the person. Any
11person whose license was granted, continued, reinstated,
12renewed, disciplined or supervised subject to such terms,
13conditions or restrictions, and who fails to comply with such
14terms, conditions or restrictions, shall be referred to the
15Secretary for a determination as to whether the person shall
16have his or her license suspended immediately, pending a
17hearing by the Board.
18    In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that person's
20license must be convened by the Board within 15 days after the
21suspension and completed without appreciable delay. The Board
22shall have the authority to review the subject person's record
23of treatment and counseling regarding the impairment, to the
24extent permitted by applicable federal statutes and
25regulations safeguarding the confidentiality of medical
26records.

 

 

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1    A person licensed under this Act and affected under this
2Section shall be afforded an opportunity to demonstrate to the
3Board that he or she can resume practice in compliance with
4acceptable and prevailing standards under the provisions of his
5or her license.
6(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
 
7    Section 45. The Clinical Social Work and Social Work
8Practice Act is amended by changing Section 19 as follows:
 
9    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 19. Grounds for disciplinary action.
12    (1) The Department may refuse to issue, refuse to renew,
13suspend, or revoke any license, or may place on probation,
14censure, reprimand, or take other disciplinary or
15non-disciplinary action deemed appropriate by the Department,
16including the imposition of fines not to exceed $10,000 for
17each violation, with regard to any license issued under the
18provisions of this Act for any one or a combination of the
19following reasons:
20        (a) material misstatements of fact in furnishing
21    information to the Department or to any other State agency
22    or in furnishing information to any insurance company with
23    respect to a claim on behalf of a licensee or a patient;
24        (b) violations or negligent or intentional disregard

 

 

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1    of this Act, or any of the rules promulgated hereunder;
2        (c) conviction of or entry of a plea of guilty or nolo
3    contendere to any crime that is a felony under the laws of
4    the United States or any state or territory thereof or that
5    is a misdemeanor, of which an essential element is
6    dishonesty, or any crime that is directly related to the
7    practice of the clinical social work or social work
8    professions;
9        (d) making any misrepresentation for the purpose of
10    obtaining licenses, or violating any provision of this Act
11    or any of the rules promulgated hereunder;
12        (e) professional incompetence;
13        (f) malpractice;
14        (g) aiding or assisting another person in violating any
15    provision of this Act or any rules;
16        (h) failing to provide information within 30 days in
17    response to a written request made by the Department;
18        (i) engaging in dishonorable, unethical or
19    unprofessional conduct of a character likely to deceive,
20    defraud or harm the public as defined by the rules of the
21    Department, or violating the rules of professional conduct
22    adopted by the Board and published by the Department;
23        (j) habitual or excessive use or addiction to alcohol,
24    narcotics, stimulants, or any other chemical agent or drug
25    that results in a clinical social worker's or social
26    worker's inability to practice with reasonable judgment,

 

 

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1    skill, or safety;
2        (k) discipline by another jurisdiction, if at least one
3    of the grounds for the discipline is the same or
4    substantially equivalent to those set forth in this
5    Section;
6        (l) directly or indirectly giving to or receiving from
7    any person, firm, corporation, partnership, or association
8    any fee, commission, rebate or other form of compensation
9    for any professional service not actually rendered.
10    Nothing in this paragraph (l) affects any bona fide
11    independent contractor or employment arrangements among
12    health care professionals, health facilities, health care
13    providers, or other entities, except as otherwise
14    prohibited by law. Any employment arrangements may include
15    provisions for compensation, health insurance, pension, or
16    other employment benefits for the provision of services
17    within the scope of the licensee's practice under this Act.
18    Nothing in this paragraph (l) shall be construed to require
19    an employment arrangement to receive professional fees for
20    services rendered;
21        (m) a finding by the Board that the licensee, after
22    having the license placed on probationary status, has
23    violated the terms of probation;
24        (n) abandonment, without cause, of a client;
25        (o) wilfully filing false reports relating to a
26    licensee's practice, including but not limited to false

 

 

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1    records filed with Federal or State agencies or
2    departments;
3        (p) wilfully failing to report an instance of suspected
4    child abuse or neglect as required by the Abused and
5    Neglected Child Reporting Act;
6        (q) being named as a perpetrator in an indicated report
7    by the Department of Children and Family Services under the
8    Abused and Neglected Child Reporting Act, and upon proof by
9    clear and convincing evidence that the licensee has caused
10    a child to be or failed to take reasonable steps to prevent
11    a child from being an abused child or neglected child as
12    defined in the Abused and Neglected Child Reporting Act;
13        (r) physical illness, mental illness, or any other
14    impairment or disability, including, but not limited to,
15    deterioration through the aging process, or loss of motor
16    skills that results in the inability to practice the
17    profession with reasonable judgment, skill or safety;
18        (s) solicitation of professional services by using
19    false or misleading advertising; or
20        (t) violation of the Health Care Worker Self-Referral
21    Act.
22    No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including
25any period of mandatory supervised release.
26    (2) (Blank).

 

 

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

 

 

HB3395- 87 -LRB100 06973 SMS 17024 b

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

 

 

HB3395- 88 -LRB100 06973 SMS 17024 b

1determination as to whether the person shall have his or her
2license suspended immediately, pending a hearing by the Board.
3    In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Board within 30 days after the
6suspension and completed without appreciable delay. The Board
7shall have the authority to review the subject person's record
8of treatment and counseling regarding the impairment, to the
9extent permitted by applicable federal statutes and
10regulations safeguarding the confidentiality of medical
11records.
12    A person licensed under this Act and affected under this
13Section shall be afforded an opportunity to demonstrate to the
14Board that he or she can resume practice in compliance with
15acceptable and prevailing standards under the provisions of his
16or her license.
17(Source: P.A. 98-756, eff. 7-16-14.)
 
18    Section 50. The Illinois Dental Practice Act is amended by
19changing Sections 23 and 24 as follows:
 
20    (225 ILCS 25/23)  (from Ch. 111, par. 2323)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 23. Refusal, revocation or suspension of dental
23licenses. The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand or take other

 

 

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1disciplinary or non-disciplinary action as the Department may
2deem proper, including imposing fines not to exceed $10,000 per
3violation, with regard to any license for any one or any
4combination of the following causes:
5        1. Fraud or misrepresentation in applying for or
6    procuring a license under this Act, or in connection with
7    applying for renewal of a license under this Act.
8        2. Inability to practice with reasonable judgment,
9    skill, or safety as a result of habitual or excessive use
10    or addiction to alcohol, narcotics, stimulants, or any
11    other chemical agent or drug.
12        3. Willful or repeated violations of the rules of the
13    Department of Public Health or Department of Nuclear
14    Safety.
15        4. Acceptance of a fee for service as a witness,
16    without the knowledge of the court, in addition to the fee
17    allowed by the court.
18        5. Division of fees or agreeing to split or divide the
19    fees received for dental services with any person for
20    bringing or referring a patient, except in regard to
21    referral services as provided for under Section 45, or
22    assisting in the care or treatment of a patient, without
23    the knowledge of the patient or his or her legal
24    representative. Nothing in this item 5 affects any bona
25    fide independent contractor or employment arrangements
26    among health care professionals, health facilities, health

 

 

HB3395- 90 -LRB100 06973 SMS 17024 b

1    care providers, or other entities, except as otherwise
2    prohibited by law. Any employment arrangements may include
3    provisions for compensation, health insurance, pension, or
4    other employment benefits for the provision of services
5    within the scope of the licensee's practice under this Act.
6    Nothing in this item 5 shall be construed to require an
7    employment arrangement to receive professional fees for
8    services rendered.
9        6. Employing, procuring, inducing, aiding or abetting
10    a person not licensed or registered as a dentist or dental
11    hygienist to engage in the practice of dentistry or dental
12    hygiene. The person practiced upon is not an accomplice,
13    employer, procurer, inducer, aider, or abetter within the
14    meaning of this Act.
15        7. Making any misrepresentations or false promises,
16    directly or indirectly, to influence, persuade or induce
17    dental patronage.
18        8. Professional connection or association with or
19    lending his or her name to another for the illegal practice
20    of dentistry by another, or professional connection or
21    association with any person, firm or corporation holding
22    himself, herself, themselves, or itself out in any manner
23    contrary to this Act.
24        9. Obtaining or seeking to obtain practice, money, or
25    any other things of value by false or fraudulent
26    representations, but not limited to, engaging in such

 

 

HB3395- 91 -LRB100 06973 SMS 17024 b

1    fraudulent practice to defraud the medical assistance
2    program of the Department of Healthcare and Family Services
3    (formerly Department of Public Aid) under the Illinois
4    Public Aid Code.
5        10. Practicing under a false or, except as provided by
6    law, an assumed name.
7        11. Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public.
10        12. Conviction by plea of guilty or nolo contendere,
11    finding of guilt, jury verdict, or entry of judgment or by
12    sentencing for any crime, including, but not limited to,
13    convictions, preceding sentences of supervision,
14    conditional discharge, or first offender probation, under
15    the laws of any jurisdiction of the United States that (i)
16    is a felony under the laws of this State or (ii) is a
17    misdemeanor, an essential element of which is dishonesty,
18    or that is directly related to the practice of dentistry.
19        13. Permitting a dental hygienist, dental assistant or
20    other person under his or her supervision to perform any
21    operation not authorized by this Act.
22        14. Permitting more than 4 dental hygienists to be
23    employed under his or her supervision at any one time.
24        15. A violation of any provision of this Act or any
25    rules promulgated under this Act.
26        16. Taking impressions for or using the services of any

 

 

HB3395- 92 -LRB100 06973 SMS 17024 b

1    person, firm or corporation violating this Act.
2        17. Violating any provision of Section 45 relating to
3    advertising.
4        18. Discipline by another U.S. jurisdiction or foreign
5    nation, if at least one of the grounds for the discipline
6    is the same or substantially equivalent to those set forth
7    within this Act.
8        19. Willfully failing to report an instance of
9    suspected child abuse or neglect as required by the Abused
10    and Neglected Child Reporting Act.
11        20. Gross negligence in practice under this Act.
12        21. The use or prescription for use of narcotics or
13    controlled substances or designated products as listed in
14    the Illinois Controlled Substances Act, in any way other
15    than for therapeutic purposes.
16        22. Willfully making or filing false records or reports
17    in his or her practice as a dentist, including, but not
18    limited to, false records to support claims against the
19    dental assistance program of the Department of Healthcare
20    and Family Services (formerly Illinois Department of
21    Public Aid).
22        23. Professional incompetence as manifested by poor
23    standards of care.
24        24. Physical or mental illness, including, but not
25    limited to, deterioration through the aging process, or
26    loss of motor skills which results in a dentist's inability

 

 

HB3395- 93 -LRB100 06973 SMS 17024 b

1    to practice dentistry with reasonable judgment, skill or
2    safety. In enforcing this paragraph, the Department may
3    compel a person licensed to practice under this Act to
4    submit to a mental or physical examination pursuant to the
5    terms and conditions of Section 23b.
6        25. Gross or repeated irregularities in billing for
7    services rendered to a patient. For purposes of this
8    paragraph 25, "irregularities in billing" shall include:
9            (a) Reporting excessive charges for the purpose of
10        obtaining a total payment in excess of that usually
11        received by the dentist for the services rendered.
12            (b) Reporting charges for services not rendered.
13            (c) Incorrectly reporting services rendered for
14        the purpose of obtaining payment not earned.
15        26. Continuing the active practice of dentistry while
16    knowingly having any infectious, communicable, or
17    contagious disease proscribed by rule or regulation of the
18    Department.
19        27. Being named as a perpetrator in an indicated report
20    by the Department of Children and Family Services pursuant
21    to the Abused and Neglected Child Reporting Act, and upon
22    proof by clear and convincing evidence that the licensee
23    has caused a child to be an abused child or neglected child
24    as defined in the Abused and Neglected Child Reporting Act.
25        28. Violating the Health Care Worker Self-Referral
26    Act.

 

 

HB3395- 94 -LRB100 06973 SMS 17024 b

1        29. Abandonment of a patient.
2        30. Mental incompetency as declared by a court of
3    competent jurisdiction.
4        31. A finding by the Department that the licensee,
5    after having his or her license placed on probationary
6    status, has violated the terms of probation.
7        32. Material misstatement in furnishing information to
8    the Department.
9        33. Failing, within 60 days, to provide information in
10    response to a written request by the Department in the
11    course of an investigation.
12        34. Immoral conduct in the commission of any act,
13    including, but not limited to, commission of an act of
14    sexual misconduct related to the licensee's practice.
15        35. Cheating on or attempting to subvert the licensing
16    examination administered under this Act.
17        36. A pattern of practice or other behavior that
18    demonstrates incapacity or incompetence to practice under
19    this Act.
20        37. Failure to establish and maintain records of
21    patient care and treatment as required under this Act.
22        38. Failure to provide copies of dental records as
23    required by law.
24    No consideration shall be given to convictions entered
25prior to the date of the application, where the applicant has
26completed any sentence imposed for that conviction, including

 

 

HB3395- 95 -LRB100 06973 SMS 17024 b

1any period of mandatory supervised release.
2    All proceedings to suspend, revoke, place on probationary
3status, or take any other disciplinary action as the Department
4may deem proper, with regard to a license on any of the
5foregoing grounds, must be commenced within 5 years after
6receipt by the Department of a complaint alleging the
7commission of or notice of the conviction order for any of the
8acts described herein. Except for fraud in procuring a license,
9no action shall be commenced more than 7 years after the date
10of the incident or act alleged to have violated this Section.
11The time during which the holder of the license was outside the
12State of Illinois shall not be included within any period of
13time limiting the commencement of disciplinary action by the
14Department.
15    All fines imposed under this Section shall be paid within
1660 days after the effective date of the order imposing the fine
17or in accordance with the terms set forth in the order imposing
18the fine.
19    The Department may refuse to issue or may suspend the
20license of any person who fails to file a return, or to pay the
21tax, penalty or interest shown in a filed return, or to pay any
22final assessment of tax, penalty or interest, as required by
23any tax Act administered by the Illinois Department of Revenue,
24until such time as the requirements of any such tax Act are
25satisfied.
26    Any dentist who has had his or her license suspended or

 

 

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1revoked for more than 5 years must comply with the requirements
2for restoration set forth in Section 16 prior to being eligible
3for reinstatement from the suspension or revocation.
4(Source: P.A. 99-492, eff. 12-31-15.)
 
5    (225 ILCS 25/24)  (from Ch. 111, par. 2324)
6    (Section scheduled to be repealed on January 1, 2026)
7    Sec. 24. Refusal, suspension or revocation of dental
8hygienist license. The Department may refuse to issue or renew
9or may revoke, suspend, place on probation, reprimand or take
10other disciplinary or non-disciplinary action as the
11Department may deem proper, including imposing fines not to
12exceed $10,000 per violation, with regard to any dental
13hygienist license for any one or any combination of the
14following causes:
15        1. Fraud or misrepresentation in applying for or
16    procuring a license under this Act, or in connection with
17    applying for renewal of a license under this Act.
18        2. Performing any operation not authorized by this Act.
19        3. Practicing dental hygiene other than under the
20    supervision of a licensed dentist as provided by this Act.
21        4. The wilful violation of, or the wilful procuring of,
22    or knowingly assisting in the violation of, any Act which
23    is now or which hereafter may be in force in this State
24    relating to the use of habit-forming drugs.
25        5. The obtaining of, or an attempt to obtain a license,

 

 

HB3395- 97 -LRB100 06973 SMS 17024 b

1    or practice in the profession, or money, or any other thing
2    of value by fraudulent representation.
3        6. Gross negligence in performing the operative
4    procedure of dental hygiene.
5        7. Active practice of dental hygiene while knowingly
6    having any infectious, communicable, or contagious disease
7    proscribed by rule or regulation of the Department.
8        8. Inability to practice with reasonable judgment,
9    skill, or safety as a result of habitual or excessive use
10    or addiction to alcohol, narcotics, stimulants, or any
11    other chemical agent or drug.
12        9. Conviction by plea of guilty or nolo contendere,
13    finding of guilt, jury verdict, or entry of judgment or by
14    sentencing of any crime, including, but not limited to,
15    convictions, preceding sentences of supervision,
16    conditional discharge, or first offender probation, under
17    the laws of any jurisdiction of the United States that (i)
18    is a felony or (ii) is a misdemeanor, an essential element
19    of which is dishonesty, or that is directly related to the
20    practice of dental hygiene.
21        10. Aiding or abetting the unlicensed practice of
22    dentistry or dental hygiene.
23        11. Discipline by another U.S. jurisdiction or a
24    foreign nation, if at least one of the grounds for the
25    discipline is the same or substantially equivalent to those
26    set forth in this Act.

 

 

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1        12. Violating the Health Care Worker Self-Referral
2    Act.
3        13. Violating the prohibitions of Section 38.1 of this
4    Act.
5        14. Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        15. A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        16. Material misstatement in furnishing information to
12    the Department.
13        17. Failing, within 60 days, to provide information in
14    response to a written request by the Department in the
15    course of an investigation.
16        18. Immoral conduct in the commission of any act,
17    including, but not limited to, commission of an act of
18    sexual misconduct related to the licensee's practice.
19        19. Cheating on or attempting to subvert the licensing
20    examination administered under this Act.
21        20. Violations of this Act or of the rules promulgated
22    under this Act.
23        21. Practicing under a false or, except as provided by
24    law, an assumed name.
25    No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

 

 

HB3395- 99 -LRB100 06973 SMS 17024 b

1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3    The provisions of this Act relating to proceedings for the
4suspension and revocation of a license to practice dentistry
5shall apply to proceedings for the suspension or revocation of
6a license as a dental hygienist.
7    All proceedings to suspend, revoke, place on probationary
8status, or take any other disciplinary action as the Department
9may deem proper with regard to a license on any of the grounds
10contained in this Section, must be commenced within 5 years
11after receipt by the Department of a complaint alleging the
12commission of or notice of the conviction order for any of the
13acts described in this Section. Except for fraud in procuring a
14license, no action shall be commenced more than 7 years after
15the date of the incident or act alleged to have violated this
16Section. The time during which the holder of the license was
17outside the State of Illinois shall not be included within any
18period of time limiting the commencement of disciplinary action
19by the Department.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    Any dental hygienist who has had his or her license
25suspended or revoked for more than 5 years must comply with the
26requirements for restoration set forth in Section 16 prior to

 

 

HB3395- 100 -LRB100 06973 SMS 17024 b

1being eligible for reinstatement from the suspension or
2revocation.
3(Source: P.A. 99-492, eff. 12-31-15.)
 
4    Section 55. The Dietitian Nutritionist Practice Act is
5amended by changing Section 95 as follows:
 
6    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 95. Grounds for discipline.
9    (1) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action as the Department may
12deem appropriate, including imposing fines not to exceed
13$10,000 for each violation, with regard to any license or
14certificate for any one or combination of the following causes:
15        (a) Material misstatement in furnishing information to
16    the Department.
17        (b) Violations of this Act or of rules adopted under
18    this Act.
19        (c) Conviction by plea of guilty or nolo contendere,
20    finding of guilt, jury verdict, or entry of judgment or by
21    sentencing of any crime, including, but not limited to,
22    convictions, preceding sentences of supervision,
23    conditional discharge, or first offender probation, under
24    the laws of any jurisdiction of the United States (i) that

 

 

HB3395- 101 -LRB100 06973 SMS 17024 b

1    is a felony or (ii) that is a misdemeanor, an essential
2    element of which is dishonesty, or that is directly related
3    to the practice of the profession.
4        (d) Fraud or any misrepresentation in applying for or
5    procuring a license under this Act or in connection with
6    applying for renewal of a license under this Act.
7        (e) Professional incompetence or gross negligence.
8        (f) Malpractice.
9        (g) Aiding or assisting another person in violating any
10    provision of this Act or its rules.
11        (h) Failing to provide information within 60 days in
12    response to a written request made by the Department.
13        (i) Engaging in dishonorable, unethical or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (j) Habitual or excessive use or abuse of drugs defined
17    in law as controlled substances, alcohol, or any other
18    substance that results in the inability to practice with
19    reasonable judgment, skill, or safety.
20        (k) Discipline by another state, the District of
21    Columbia, territory, country, or governmental agency if at
22    least one of the grounds for the discipline is the same or
23    substantially equivalent to those set forth in this Act.
24        (l) Charging for professional services not rendered,
25    including filing false statements for the collection of
26    fees for which services are not rendered. Nothing in this

 

 

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1    paragraph (1) affects any bona fide independent contractor
2    or employment arrangements among health care
3    professionals, health facilities, health care providers,
4    or other entities, except as otherwise prohibited by law.
5    Any employment arrangements may include provisions for
6    compensation, health insurance, pension, or other
7    employment benefits for the provision of services within
8    the scope of the licensee's practice under this Act.
9    Nothing in this paragraph (1) shall be construed to require
10    an employment arrangement to receive professional fees for
11    services rendered.
12        (m) A finding by the Department that the licensee,
13    after having his or her license placed on probationary
14    status, has violated the terms of probation.
15        (n) Willfully making or filing false records or reports
16    in his or her practice, including, but not limited to,
17    false records filed with State agencies or departments.
18        (o) Allowing one's license under this Act to be used by
19    an unlicensed person in violation of this Act.
20        (p) Practicing under a false or, except as provided by
21    law, an assumed name.
22        (q) Gross and willful overcharging for professional
23    services.
24        (r) (Blank).
25        (s) Willfully failing to report an instance of
26    suspected child abuse or neglect as required by the Abused

 

 

HB3395- 103 -LRB100 06973 SMS 17024 b

1    and Neglected Child Reporting Act.
2        (t) Cheating on or attempting to subvert a licensing
3    examination administered under this Act.
4        (u) Mental illness or disability that results in the
5    inability to practice under this Act with reasonable
6    judgment, skill, or safety.
7        (v) Physical illness, including, but not limited to,
8    deterioration through the aging process or loss of motor
9    skill that results in a licensee's inability to practice
10    under this Act with reasonable judgment, skill, or safety.
11        (w) Advising an individual to discontinue, reduce,
12    increase, or otherwise alter the intake of a drug
13    prescribed by a physician licensed to practice medicine in
14    all its branches or by a prescriber as defined in Section
15    102 of the Illinois Controlled Substances Act.
16    No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20    (2) The Department may refuse to issue or may suspend
21without hearing, as provided for in the Code of Civil
22Procedure, the license of any person who fails to file a
23return, or pay the tax, penalty, or interest shown in a filed
24return, or pay any final assessment of the tax, penalty, or
25interest as required by any tax Act administered by the
26Illinois Department of Revenue, until such time as the

 

 

HB3395- 104 -LRB100 06973 SMS 17024 b

1requirements of any such tax Act are satisfied in accordance
2with subsection (g) of Section 2105-15 of the Civil
3Administrative Code of Illinois.
4    (3) The Department shall deny a license or renewal
5authorized by this Act to a person who has defaulted on an
6educational loan or scholarship provided or guaranteed by the
7Illinois Student Assistance Commission or any governmental
8agency of this State in accordance with item (5) of subsection
9(a) of Section 2105-15 of the Civil Administrative Code of
10Illinois.
11    (4) In cases where the Department of Healthcare and Family
12Services has previously determined a licensee or a potential
13licensee is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency to
15the Department, the Department may refuse to issue or renew or
16may revoke or suspend that person's license or may take other
17disciplinary action against that person based solely upon the
18certification of delinquency made by the Department of
19Healthcare and Family Services in accordance with item (5) of
20subsection (a) of Section 2105-15 of the Civil Administrative
21Code of Illinois.
22    (5) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission, as
24provided in the Mental Health and Developmental Disabilities
25Code, operates as an automatic suspension. The suspension shall
26end only upon a finding by a court that the patient is no

 

 

HB3395- 105 -LRB100 06973 SMS 17024 b

1longer subject to involuntary admission or judicial admission
2and the issuance of an order so finding and discharging the
3patient.
4    (6) In enforcing this Act, the Department, upon a showing
5of a possible violation, may compel an individual licensed to
6practice under this Act, or who has applied for licensure under
7this Act, to submit to a mental or physical examination, or
8both, as required by and at the expense of the Department. The
9Department may order the examining physician to present
10testimony concerning the mental or physical examination of the
11licensee or applicant. No information shall be excluded by
12reason of any common law or statutory privilege relating to
13communications between the licensee or applicant and the
14examining physician. The examining physicians shall be
15specifically designated by the Department. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. The examination shall be performed by a physician
19licensed to practice medicine in all its branches. Failure of
20an individual to submit to a mental or physical examination,
21when directed, shall result in an automatic suspension without
22hearing.
23    A person holding a license under this Act or who has
24applied for a license under this Act who, because of a physical
25or mental illness or disability, including, but not limited to,
26deterioration through the aging process or loss of motor skill,

 

 

HB3395- 106 -LRB100 06973 SMS 17024 b

1is unable to practice the profession with reasonable judgment,
2skill, or safety, may be required by the Department to submit
3to care, counseling, or treatment by physicians approved or
4designated by the Department as a condition, term, or
5restriction for continued, reinstated, or renewed licensure to
6practice. Submission to care, counseling, or treatment as
7required by the Department shall not be considered discipline
8of a license. If the licensee refuses to enter into a care,
9counseling, or treatment agreement or fails to abide by the
10terms of the agreement, then the Department may file a
11complaint to revoke, suspend, or otherwise discipline the
12license of the individual. The Secretary may order the license
13suspended immediately, pending a hearing by the Department.
14Fines shall not be assessed in disciplinary actions involving
15physical or mental illness or impairment.
16    In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 15 days after
19the suspension and completed without appreciable delay. The
20Department shall have the authority to review the subject
21individual's record of treatment and counseling regarding the
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25    An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate to

 

 

HB3395- 107 -LRB100 06973 SMS 17024 b

1the Department that he or she can resume practice in compliance
2with acceptable and prevailing standards under the provisions
3of his or her license.
4(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
598-756, eff. 7-16-14.)
 
6    Section 60. The Environmental Health Practitioner
7Licensing Act is amended by changing Section 35 as follows:
 
8    (225 ILCS 37/35)
9    (Section scheduled to be repealed on January 1, 2019)
10    Sec. 35. Grounds for discipline.
11    (a) The Department may refuse to issue or renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary action with regard to any license issued under
14this Act as the Department may consider proper, including the
15imposition of fines not to exceed $5,000 for each violation,
16for any one or combination of the following causes:
17        (1) Material misstatement in furnishing information to
18    the Department.
19        (2) Violations of this Act or its rules.
20        (3) Conviction of any felony under the laws of any U.S.
21    jurisdiction, any misdemeanor an essential element of
22    which is dishonesty, or any crime that is directly related
23    to the practice of the profession.
24        (4) Making any misrepresentation for the purpose of

 

 

HB3395- 108 -LRB100 06973 SMS 17024 b

1    obtaining a certificate of registration.
2        (5) Professional incompetence.
3        (6) Aiding or assisting another person in violating any
4    provision of this Act or its rules.
5        (7) Failing to provide information within 60 days in
6    response to a written request made by the Department.
7        (8) Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public as defined by rules of the
10    Department.
11        (9) Habitual or excessive use or addiction to alcohol,
12    narcotics, stimulants, or any other chemical agent or drug
13    that results in an environmental health practitioner's
14    inability to practice with reasonable judgment, skill, or
15    safety.
16        (10) Discipline by another U.S. jurisdiction or
17    foreign nation, if at least one of the grounds for a
18    discipline is the same or substantially equivalent to those
19    set forth in this Act.
20        (11) A finding by the Department that the registrant,
21    after having his or her license placed on probationary
22    status, has violated the terms of probation.
23        (12) Willfully making or filing false records or
24    reports in his or her practice, including, but not limited
25    to, false records filed with State agencies or departments.
26        (13) Physical illness, including, but not limited to,

 

 

HB3395- 109 -LRB100 06973 SMS 17024 b

1    deterioration through the aging process or loss of motor
2    skills that result in the inability to practice the
3    profession with reasonable judgment, skill, or safety.
4        (14) Failure to comply with rules promulgated by the
5    Illinois Department of Public Health or other State
6    agencies related to the practice of environmental health.
7        (15) The Department shall deny any application for a
8    license or renewal of a license under this Act, without
9    hearing, to a person who has defaulted on an educational
10    loan guaranteed by the Illinois Student Assistance
11    Commission; however, the Department may issue a license or
12    renewal of a license if the person in default has
13    established a satisfactory repayment record as determined
14    by the Illinois Student Assistance Commission.
15        (16) Solicitation of professional services by using
16    false or misleading advertising.
17        (17) A finding that the license has been applied for or
18    obtained by fraudulent means.
19        (18) Practicing or attempting to practice under a name
20    other than the full name as shown on the license or any
21    other legally authorized name.
22        (19) Gross overcharging for professional services
23    including filing statements for collection of fees or
24    moneys for which services are not rendered.
25    No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

 

 

HB3395- 110 -LRB100 06973 SMS 17024 b

1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3    (b) The Department may refuse to issue or may suspend the
4license of any person who fails to (i) file a return, (ii) pay
5the tax, penalty, or interest shown in a filed return; or (iii)
6pay any final assessment of the tax, penalty, or interest as
7required by any tax Act administered by the Illinois Department
8of Revenue until the requirements of the tax Act are satisfied.
9    (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission to a
11mental health facility as provided in the Mental Health and
12Developmental Disabilities Code operates as an automatic
13suspension. The suspension may end only upon a finding by a
14court that the licensee is no longer subject to involuntary
15admission or judicial admission, the issuance of an order so
16finding and discharging the patient, and the recommendation of
17the Board to the Director that the licensee be allowed to
18resume practice.
19    (d) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel any person licensed
21to practice under this Act or who has applied for licensure or
22certification pursuant to this Act to submit to a mental or
23physical examination, or both, as required by and at the
24expense of the Department. The examining physicians shall be
25those specifically designated by the Department. The
26Department may order the examining physician to present

 

 

HB3395- 111 -LRB100 06973 SMS 17024 b

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

 

 

HB3395- 112 -LRB100 06973 SMS 17024 b

1shall have his or her license suspended immediately, pending a
2hearing by the Department.
3    In instances in which the Director immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 15 days after
6the suspension and completed without appreciable delay. The
7Department shall have the authority to review the subject
8person's record of treatment and counseling regarding the
9impairment, to the extent permitted by applicable federal
10statutes and regulations safeguarding the confidentiality of
11medical records.
12    A person licensed under this Act and affected under this
13Section shall be afforded an opportunity to demonstrate to the
14Department that he or she can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of his or her license.
17(Source: P.A. 92-837, eff. 8-22-02.)
 
18    Section 65. The Funeral Directors and Embalmers Licensing
19Code is amended by changing Section 15-75 as follows:
 
20    (225 ILCS 41/15-75)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 15-75. Violations; grounds for discipline; penalties.
23    (a) Each of the following acts is a Class A misdemeanor for
24the first offense, and a Class 4 felony for each subsequent

 

 

HB3395- 113 -LRB100 06973 SMS 17024 b

1offense. These penalties shall also apply to unlicensed owners
2of funeral homes.
3        (1) Practicing the profession of funeral directing and
4    embalming or funeral directing, or attempting to practice
5    the profession of funeral directing and embalming or
6    funeral directing without a license as a funeral director
7    and embalmer or funeral director.
8        (2) Serving or attempting to serve as an intern under a
9    licensed funeral director and embalmer without a license as
10    a licensed funeral director and embalmer intern.
11        (3) Obtaining or attempting to obtain a license,
12    practice or business, or any other thing of value, by fraud
13    or misrepresentation.
14        (4) Permitting any person in one's employ, under one's
15    control or in or under one's service to serve as a funeral
16    director and embalmer, funeral director, or funeral
17    director and embalmer intern when the person does not have
18    the appropriate license.
19        (5) Failing to display a license as required by this
20    Code.
21        (6) Giving false information or making a false oath or
22    affidavit required by this Code.
23    (b) The Department may refuse to issue or renew, revoke,
24suspend, place on probation or administrative supervision,
25reprimand, or take other disciplinary or non-disciplinary
26action as the Department may deem appropriate, including

 

 

HB3395- 114 -LRB100 06973 SMS 17024 b

1imposing fines not to exceed $10,000 for each violation, with
2regard to any license under the Code for any one or combination
3of the following:
4        (1) Fraud or any misrepresentation in applying for or
5    procuring a license under this Code or in connection with
6    applying for renewal of a license under this Code.
7        (2) For licenses, conviction by plea of guilty or nolo
8    contendere, finding of guilt, jury verdict, or entry of
9    judgment or by sentencing of any crime, including, but not
10    limited to, convictions, preceding sentences of
11    supervision, conditional discharge, or first offender
12    probation, under the laws of any jurisdiction of the United
13    States: (i) that is a felony or (ii) that is a misdemeanor,
14    an essential element of which is dishonesty, or that is
15    directly related to the practice of the profession and, for
16    initial applicants, convictions set forth in Section 15-72
17    of this Act.
18        (3) Violation of the laws of this State relating to the
19    funeral, burial or disposition of deceased human bodies or
20    of the rules and regulations of the Department, or the
21    Department of Public Health.
22        (4) Directly or indirectly paying or causing to be paid
23    any sum of money or other valuable consideration for the
24    securing of business or for obtaining authority to dispose
25    of any deceased human body.
26        (5) Professional incompetence, gross negligence,

 

 

HB3395- 115 -LRB100 06973 SMS 17024 b

1    malpractice, or untrustworthiness in the practice of
2    funeral directing and embalming or funeral directing.
3        (6) (Blank).
4        (7) Engaging in, promoting, selling, or issuing burial
5    contracts, burial certificates, or burial insurance
6    policies in connection with the profession as a funeral
7    director and embalmer, funeral director, or funeral
8    director and embalmer intern in violation of any laws of
9    the State of Illinois.
10        (8) Refusing, without cause, to surrender the custody
11    of a deceased human body upon the proper request of the
12    person or persons lawfully entitled to the custody of the
13    body.
14        (9) Taking undue advantage of a client or clients as to
15    amount to the perpetration of fraud.
16        (10) Engaging in funeral directing and embalming or
17    funeral directing without a license.
18        (11) Encouraging, requesting, or suggesting by a
19    licensee or some person working on his behalf and with his
20    consent for compensation that a person utilize the services
21    of a certain funeral director and embalmer, funeral
22    director, or funeral establishment unless that information
23    has been expressly requested by the person. This does not
24    prohibit general advertising or pre-need solicitation.
25        (12) Making or causing to be made any false or
26    misleading statements about the laws concerning the

 

 

HB3395- 116 -LRB100 06973 SMS 17024 b

1    disposition of human remains, including, but not limited
2    to, the need to embalm, the need for a casket for cremation
3    or the need for an outer burial container.
4        (13) (Blank).
5        (14) Embalming or attempting to embalm a deceased human
6    body without express prior authorization of the person
7    responsible for making the funeral arrangements for the
8    body. This does not apply to cases where embalming is
9    directed by local authorities who have jurisdiction or when
10    embalming is required by State or local law. A licensee may
11    embalm without express prior authorization if a good faith
12    effort has been made to contact family members and has been
13    unsuccessful and the licensee has no reason to believe the
14    family opposes embalming.
15        (15) Making a false statement on a Certificate of Death
16    where the person making the statement knew or should have
17    known that the statement was false.
18        (16) Soliciting human bodies after death or while death
19    is imminent.
20        (17) Performing any act or practice that is a violation
21    of this Code, the rules for the administration of this
22    Code, or any federal, State or local laws, rules, or
23    regulations governing the practice of funeral directing or
24    embalming.
25        (18) Performing any act or practice that is a violation
26    of Section 2 of the Consumer Fraud and Deceptive Business

 

 

HB3395- 117 -LRB100 06973 SMS 17024 b

1    Practices Act.
2        (19) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public.
5        (20) Taking possession of a dead human body without
6    having first obtained express permission from the person
7    holding the right to control the disposition in accordance
8    with Section 5 of the Disposition of Remains Act or a
9    public agency legally authorized to direct, control or
10    permit the removal of deceased human bodies.
11        (21) Advertising in a false or misleading manner or
12    advertising using the name of an unlicensed person in
13    connection with any service being rendered in the practice
14    of funeral directing or funeral directing and embalming.
15    The use of any name of an unlicensed or unregistered person
16    in an advertisement so as to imply that the person will
17    perform services is considered misleading advertising.
18    Nothing in this paragraph shall prevent including the name
19    of any owner, officer or corporate director of a funeral
20    home, who is not a licensee, in any advertisement used by a
21    funeral home with which the individual is affiliated, if
22    the advertisement specifies the individual's affiliation
23    with the funeral home.
24        (22) Charging for professional services not rendered,
25    including filing false statements for the collection of
26    fees for which services are not rendered.

 

 

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1        (23) Failing to account for or remit any monies,
2    documents, or personal property that belongs to others that
3    comes into a licensee's possession.
4        (24) Treating any person differently to his detriment
5    because of race, color, creed, gender, religion, or
6    national origin.
7        (25) Knowingly making any false statements, oral or
8    otherwise, of a character likely to influence, persuade or
9    induce others in the course of performing professional
10    services or activities.
11        (26) Willfully making or filing false records or
12    reports in the practice of funeral directing and embalming,
13    including, but not limited to, false records filed with
14    State agencies or departments.
15        (27) Failing to acquire continuing education required
16    under this Code.
17        (28) (Blank).
18        (29) Aiding or assisting another person in violating
19    any provision of this Code or rules adopted pursuant to
20    this Code.
21        (30) Failing within 10 days, to provide information in
22    response to a written request made by the Department.
23        (31) Discipline by another state, District of
24    Columbia, territory, foreign nation, or governmental
25    agency, if at least one of the grounds for the discipline
26    is the same or substantially equivalent to those set forth

 

 

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1    in this Section.
2        (32) (Blank).
3        (33) Mental illness or disability which results in the
4    inability to practice the profession with reasonable
5    judgment, skill, or safety.
6        (34) Gross, willful, or continued overcharging for
7    professional services, including filing false statements
8    for collection of fees for which services are not rendered.
9        (35) Physical illness, including, but not limited to,
10    deterioration through the aging process or loss of motor
11    skill which results in a licensee's inability to practice
12    under this Code with reasonable judgment, skill, or safety.
13        (36) Failing to comply with any of the following
14    required activities:
15            (A) When reasonably possible, a funeral director
16        licensee or funeral director and embalmer licensee or
17        anyone acting on his or her behalf shall obtain the
18        express authorization of the person or persons
19        responsible for making the funeral arrangements for a
20        deceased human body prior to removing a body from the
21        place of death or any place it may be or embalming or
22        attempting to embalm a deceased human body, unless
23        required by State or local law. This requirement is
24        waived whenever removal or embalming is directed by
25        local authorities who have jurisdiction. If the
26        responsibility for the handling of the remains

 

 

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1        lawfully falls under the jurisdiction of a public
2        agency, then the regulations of the public agency shall
3        prevail.
4            (B) A licensee shall clearly mark the price of any
5        casket offered for sale or the price of any service
6        using the casket on or in the casket if the casket is
7        displayed at the funeral establishment. If the casket
8        is displayed at any other location, regardless of
9        whether the licensee is in control of that location,
10        the casket shall be clearly marked and the registrant
11        shall use books, catalogues, brochures, or other
12        printed display aids to show the price of each casket
13        or service.
14            (C) At the time funeral arrangements are made and
15        prior to rendering the funeral services, a licensee
16        shall furnish a written statement of services to be
17        retained by the person or persons making the funeral
18        arrangements, signed by both parties, that shall
19        contain: (i) the name, address and telephone number of
20        the funeral establishment and the date on which the
21        arrangements were made; (ii) the price of the service
22        selected and the services and merchandise included for
23        that price; (iii) a clear disclosure that the person or
24        persons making the arrangement may decline and receive
25        credit for any service or merchandise not desired and
26        not required by law or the funeral director or the

 

 

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1        funeral director and embalmer; (iv) the supplemental
2        items of service and merchandise requested and the
3        price of each item; (v) the terms or method of payment
4        agreed upon; and (vi) a statement as to any monetary
5        advances made by the registrant on behalf of the
6        family. The licensee shall maintain a copy of the
7        written statement of services in its permanent
8        records. All written statements of services are
9        subject to inspection by the Department.
10            (D) In all instances where the place of final
11        disposition of a deceased human body or the cremated
12        remains of a deceased human body is a cemetery, the
13        licensed funeral director and embalmer, or licensed
14        funeral director, who has been engaged to provide
15        funeral or embalming services shall remain at the
16        cemetery and personally witness the placement of the
17        human remains in their designated grave or the sealing
18        of the above ground depository, crypt, or urn. The
19        licensed funeral director or licensed funeral director
20        and embalmer may designate a licensed funeral director
21        and embalmer intern or representative of the funeral
22        home to be his or her witness to the placement of the
23        remains. If the cemetery authority, cemetery manager,
24        or any other agent of the cemetery takes any action
25        that prevents compliance with this paragraph (D), then
26        the funeral director and embalmer or funeral director

 

 

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1        shall provide written notice to the Department within 5
2        business days after failing to comply. If the
3        Department receives this notice, then the Department
4        shall not take any disciplinary action against the
5        funeral director and embalmer or funeral director for a
6        violation of this paragraph (D) unless the Department
7        finds that the cemetery authority, manager, or any
8        other agent of the cemetery did not prevent the funeral
9        director and embalmer or funeral director from
10        complying with this paragraph (D) as claimed in the
11        written notice.
12            (E) A funeral director or funeral director and
13        embalmer shall fully complete the portion of the
14        Certificate of Death under the responsibility of the
15        funeral director or funeral director and embalmer and
16        provide all required information. In the event that any
17        reported information subsequently changes or proves
18        incorrect, a funeral director or funeral director and
19        embalmer shall immediately upon learning the correct
20        information correct the Certificate of Death.
21        (37) A finding by the Department that the licensee
22    license, after having his or her license placed on
23    probationary status or subjected to conditions or
24    restrictions, violated the terms of the probation or failed
25    to comply with such terms or conditions.
26        (38) (Blank).

 

 

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1        (39) Being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    pursuant to the Abused and Neglected Child Reporting Act
4    and, upon proof by clear and convincing evidence, being
5    found to have caused a child to be an abused child or
6    neglected child as defined in the Abused and Neglected
7    Child Reporting Act.
8        (40) Habitual or excessive use or abuse of drugs
9    defined in law as controlled substances, alcohol, or any
10    other substance which results in the inability to practice
11    with reasonable judgment, skill, or safety.
12        (41) Practicing under a false or, except as provided by
13    law, an assumed name.
14        (42) Cheating on or attempting to subvert the licensing
15    examination administered under this Code.
16    No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20    (c) The Department may refuse to issue or renew or may
21suspend without a hearing, as provided for in the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois, the license of any person who fails to file a return,
24to pay the tax, penalty or interest shown in a filed return, or
25to pay any final assessment of tax, penalty or interest as
26required by any tax Act administered by the Illinois Department

 

 

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1of Revenue, until the time as the requirements of the tax Act
2are satisfied in accordance with subsection (g) of Section
32105-15 of the Department of Professional Regulation Law of the
4Civil Administrative Code of Illinois.
5    (d) No action may be taken under this Code against a person
6licensed under this Code unless the action is commenced within
75 years after the occurrence of the alleged violations. A
8continuing violation shall be deemed to have occurred on the
9date when the circumstances last existed that give rise to the
10alleged violation.
11    (e) Nothing in this Section shall be construed or enforced
12to give a funeral director and embalmer, or his or her
13designees, authority over the operation of a cemetery or over
14cemetery employees. Nothing in this Section shall be construed
15or enforced to impose duties or penalties on cemeteries with
16respect to the timing of the placement of human remains in
17their designated grave or the sealing of the above ground
18depository, crypt, or urn due to patron safety, the allocation
19of cemetery staffing, liability insurance, a collective
20bargaining agreement, or other such reasons.
21    (f) All fines imposed under this Section shall be paid 60
22days after the effective date of the order imposing the fine.
23    (g) The Department shall deny a license or renewal
24authorized by this Code to a person who has defaulted on an
25educational loan or scholarship provided or guaranteed by the
26Illinois Student Assistance Commission or any governmental

 

 

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1agency of this State in accordance with item (5) of subsection
2(a) of Section 2105-15 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois.
4    (h) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency to
8the Department, the Department may refuse to issue or renew or
9may revoke or suspend that person's license or may take other
10disciplinary action against that person based solely upon the
11certification of delinquency made by the Department of
12Healthcare and Family Services in accordance with item (5) of
13subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois.
16    (i) A person not licensed under this Code who is an owner
17of a funeral establishment or funeral business shall not aid,
18abet, assist, procure, advise, employ, or contract with any
19unlicensed person to offer funeral services or aid, abet,
20assist, or direct any licensed person contrary to or in
21violation of any rules or provisions of this Code. A person
22violating this subsection shall be treated as a licensee for
23the purposes of disciplinary action under this Section and
24shall be subject to cease and desist orders as provided in this
25Code, the imposition of a fine up to $10,000 for each violation
26and any other penalty provided by law.

 

 

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1    (j) The determination by a circuit court that a licensee is
2subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code, as amended, operates as an automatic suspension. The
5suspension may end only upon a finding by a court that the
6licensee is no longer subject to the involuntary admission or
7judicial admission and issues an order so finding and
8discharging the licensee, and upon the recommendation of the
9Board to the Secretary that the licensee be allowed to resume
10his or her practice.
11    (k) In enforcing this Code, the Department, upon a showing
12of a possible violation, may compel an individual licensed to
13practice under this Code, or who has applied for licensure
14under this Code, to submit to a mental or physical examination,
15or both, as required by and at the expense of the Department.
16The Department may order the examining physician to present
17testimony concerning the mental or physical examination of the
18licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communications between the licensee or applicant and the
21examining physician. The examining physician shall be
22specifically designated by the Department. The individual to be
23examined may have, at his or her own expense, another physician
24of his or her choice present during all aspects of this
25examination. The examination shall be performed by a physician
26licensed to practice medicine in all its branches. Failure of

 

 

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1an individual to submit to a mental or physical examination,
2when directed, shall result in an automatic suspension without
3hearing.
4    A person holding a license under this Code or who has
5applied for a license under this Code who, because of a
6physical or mental illness or disability, including, but not
7limited to, deterioration through the aging process or loss of
8motor skill, is unable to practice the profession with
9reasonable judgment, skill, or safety, may be required by the
10Department to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition, term, or restriction for continued, reinstated, or
13renewed licensure to practice. Submission to care, counseling,
14or treatment as required by the Department shall not be
15considered discipline of a license. If the licensee refuses to
16enter into a care, counseling, or treatment agreement or fails
17to abide by the terms of the agreement, the Department may file
18a complaint to revoke, suspend, or otherwise discipline the
19license of the individual. The Secretary may order the license
20suspended immediately, pending a hearing by the Department.
21Fines shall not be assessed in disciplinary actions involving
22physical or mental illness or impairment.
23    In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that person's
25license must be convened by the Department within 15 days after
26the suspension and completed without appreciable delay. The

 

 

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1Department shall have the authority to review the subject
2individual's record of treatment and counseling regarding the
3impairment to the extent permitted by applicable federal
4statutes and regulations safeguarding the confidentiality of
5medical records.
6    An individual licensed under this Code and affected under
7this Section shall be afforded an opportunity to demonstrate to
8the Department that he or she can resume practice in compliance
9with acceptable and prevailing standards under the provisions
10of his or her license.
11(Source: P.A. 98-756, eff. 7-16-14; 99-876, eff. 1-1-17;
12revised 10-27-16.)
 
13    (225 ILCS 46/25 rep.)
14    Section 70. The Health Care Worker Background Check Act is
15amended by repealing Section 25.
 
16    Section 75. The Hearing Instrument Consumer Protection Act
17is amended by changing Section 18 as follows:
 
18    (225 ILCS 50/18)  (from Ch. 111, par. 7418)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 18. Discipline by the Department. The Department may
21refuse to issue or renew a license or it may revoke, suspend,
22place on probation, censure, fine, or reprimand a licensee for
23any of the following:

 

 

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1        (a) Material misstatement in furnishing information to
2    the Department or to any other State or federal agency.
3        (b) Violations of this Act, or the rules promulgated
4    hereunder.
5        (c) Conviction of any crime under the laws of the
6    United States or any state or territory thereof which is a
7    felony or misdemeanor, an essential element of dishonesty,
8    or of any crime which is directly related to the practice
9    of the profession.
10        (d) Making any misrepresentation for the purpose of
11    obtaining a license or renewing a license, including
12    falsification of the continuing education requirement.
13        (e) Professional incompetence.
14        (f) Malpractice.
15        (g) Aiding or assisting another person in violating any
16    provision of this Act or the rules promulgated hereunder.
17        (h) Failing, within 30 days, to provide in writing
18    information in response to a written request made by the
19    Department.
20        (i) Engaging in dishonorable, unethical, or
21    unprofessional conduct which is likely to deceive,
22    defraud, or harm the public.
23        (j) Knowingly employing, directly or indirectly, any
24    suspended or unlicensed person to perform any services
25    covered by this Act.
26        (k) Habitual intoxication or addiction to the use of

 

 

HB3395- 130 -LRB100 06973 SMS 17024 b

1    drugs.
2        (l) Discipline by another state, the District of
3    Columbia, territory, or a foreign nation, if at least one
4    of the grounds for the discipline is the same or
5    substantially equivalent to those set forth herein.
6        (m) Directly or indirectly giving to or receiving from
7    any person, firm, corporation, partnership, or association
8    any fee, commission, rebate, or other form of compensation
9    for any service not actually rendered. Nothing in this
10    paragraph (m) affects any bona fide independent contractor
11    or employment arrangements among health care
12    professionals, health facilities, health care providers,
13    or other entities, except as otherwise prohibited by law.
14    Any employment arrangements may include provisions for
15    compensation, health insurance, pension, or other
16    employment benefits for the provision of services within
17    the scope of the licensee's practice under this Act.
18    Nothing in this paragraph (m) shall be construed to require
19    an employment arrangement to receive professional fees for
20    services rendered.
21        (n) A finding by the Board that the licensee, after
22    having his or her license placed on probationary status,
23    has violated the terms of or probation.
24        (o) Willfully making or filing false records or
25    reports.
26        (p) Willfully failing to report an instance of

 

 

HB3395- 131 -LRB100 06973 SMS 17024 b

1    suspected child abuse or neglect as required by the Abused
2    and Neglected Child Reporting Act.
3        (q) Physical illness, including, but not limited to,
4    deterioration through the aging process, or loss of motor
5    skill which results in the inability to practice the
6    profession with reasonable judgement, skill or safety.
7        (r) Solicitation of services or products by
8    advertising that is false or misleading. An advertisement
9    is false or misleading if it:
10            (1) contains an intentional misrepresentation of
11        fact;
12            (2) contains a false statement as to the licensee's
13        professional achievements, education, skills, or
14        qualifications in the hearing instrument dispensing
15        profession;
16            (3) makes a partial disclosure of a relevant fact,
17        including:
18                (i) the advertisement of a discounted price of
19            an item without identifying in the advertisement
20            or at the location of the item either the specific
21            product being offered at the discounted price or
22            the usual price of the item; and
23                (ii) the advertisement of the price of a
24            specifically identified hearing instrument if more
25            than one hearing instrument appears in the same
26            advertisement without an accompanying price;

 

 

HB3395- 132 -LRB100 06973 SMS 17024 b

1            (4) contains a representation that a product
2        innovation is new when, in fact, the product was first
3        offered by the manufacturer to the general public in
4        this State not less than 12 months before the date of
5        the advertisement;
6            (5) contains any other representation, statement,
7        or claim that is inherently misleading or deceptive; or
8            (6) contains information that the licensee
9        manufactures hearing instruments at the licensee's
10        office location unless the following statement
11        includes a statement disclosing that the instruments
12        are manufactured by a specified manufacturer and
13        assembled by the licensee.
14        (s) Participating in subterfuge or misrepresentation
15    in the fitting or servicing of a hearing instrument.
16        (t) (Blank).
17        (u) Representing that the service of a licensed
18    physician or other health professional will be used or made
19    available in the fitting, adjustment, maintenance, or
20    repair of hearing instruments when that is not true, or
21    using the words "doctor", "audiologist", "clinic",
22    "Clinical Audiologist", "Certified Hearing Aid
23    Audiologist", "State Licensed", "State Certified",
24    "Hearing Care Professional", "Licensed Hearing Instrument
25    Dispenser", "Licensed Hearing Aid Dispenser", "Board
26    Certified Hearing Instrument Specialist", "Hearing

 

 

HB3395- 133 -LRB100 06973 SMS 17024 b

1    Instrument Specialist", "Licensed Audiologist", or any
2    other term, abbreviation, or symbol which would give the
3    impression that service is being provided by persons who
4    are licensed or awarded a degree or title, or that the
5    person's service who is holding the license has been
6    recommended by a governmental agency or health provider,
7    when such is not the case.
8        (v) Advertising a manufacturer's product or using a
9    manufacturer's name or trademark implying a relationship
10    which does not exist.
11        (w) Directly or indirectly giving or offering anything
12    of value to any person who advises another in a
13    professional capacity, as an inducement to influence the
14    purchase of a product sold or offered for sale by a hearing
15    instrument dispenser or influencing persons to refrain
16    from dealing in the products of competitors.
17        (x) Conducting business while suffering from a
18    contagious disease.
19        (y) Engaging in the fitting or sale of hearing
20    instruments under a name with fraudulent intent.
21        (z) Dispensing a hearing instrument to a person who has
22    not been given tests utilizing appropriate established
23    procedures and instrumentation in the fitting of hearing
24    instruments, except where there is the replacement of a
25    hearing instrument, of the same make and model within one
26    year of the dispensing of the original hearing instrument.

 

 

HB3395- 134 -LRB100 06973 SMS 17024 b

1        (aa) Unavailability or unwillingness to adequately
2    provide for service or repair of hearing instruments fitted
3    and sold by the dispenser.
4        (bb) Violating the regulations of the Federal Food and
5    Drug Administration or the Federal Trade Commission as they
6    affect hearing instruments.
7        (cc) Violating any provision of the Consumer Fraud and
8    Deceptive Business Practices Act.
9        (dd) Violating the Health Care Worker Self-Referral
10    Act.
11    No consideration shall be given to convictions entered
12prior to the date of the application, where the applicant has
13completed any sentence imposed for that conviction, including
14any period of mandatory supervised release.
15    The Department, with the approval of the Board, may impose
16a fine not to exceed $1,000 plus costs for the first violation
17and not to exceed $5,000 plus costs for each subsequent
18violation of this Act, and the rules promulgated hereunder, on
19any person or entity described in this Act. Such fine may be
20imposed as an alternative to any other disciplinary measure,
21except for probation. The imposition by the Department of a
22fine for any violation does not bar the violation from being
23alleged in subsequent disciplinary proceedings. Such fines
24shall be deposited in the Fund.
25(Source: P.A. 96-1482, eff. 11-29-10; revised 9-14-16.)
 

 

 

HB3395- 135 -LRB100 06973 SMS 17024 b

1    Section 80. The Home Medical Equipment and Services
2Provider License Act is amended by changing Section 75 as
3follows:
 
4    (225 ILCS 51/75)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 75. Refused issuance, suspension, or revocation of
7license. The Department may refuse to issue, renew, or restore
8a license, or may revoke, suspend, place on probation,
9reprimand, impose a fine not to exceed $10,000 for each
10violation, or take other disciplinary or non-disciplinary
11action as the Department may deem proper with regard to a
12licensee for any one or combination of the following reasons:
13        (1) Making a material misstatement in furnishing
14    information to the Department.
15        (2) Violation of this Act or its rules.
16        (3) Conviction of or entry of a plea of guilty or nolo
17    contendere to any crime that is a felony under the laws of
18    the United States or any state or territory thereof or a
19    misdemeanor, an essential element of which is dishonesty or
20    that is directly related to the practice of the profession.
21        (4) Making a misrepresentation to obtain licensure or
22    to violate a provision of this Act.
23        (5) Gross negligence in practice under this Act.
24        (6) Engaging in a pattern of practice or other behavior
25    that demonstrates incapacity or incompetence to practice

 

 

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1    under this Act.
2        (7) Aiding, assisting, or willingly permitting another
3    person in violating any provision of this Act or its rules.
4        (8) Failing, within 30 days, to provide information in
5    response to a written request made by the Department.
6        (9) Engaging in dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public.
9        (10) Discipline by another state, District of
10    Columbia, territory, or foreign nation, if at least one of
11    the grounds for the discipline is the same or substantially
12    equivalent to one set forth in this Act.
13        (11) 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 services not actually or personally rendered.
17        (12) A finding that the licensee, after having its
18    license placed on probationary status, has violated the
19    terms of probation.
20        (13) Willfully making or filing false records or
21    reports in the course of providing home medical equipment
22    and services, including but not limited to false records or
23    reports filed with State agencies or departments.
24        (14) Solicitation of business services, other than
25    according to permitted advertising.
26        (15) The use of any words, abbreviations, figures, or

 

 

HB3395- 137 -LRB100 06973 SMS 17024 b

1    letters with the intention of indicating practice as a home
2    medical equipment and services provider without a license
3    issued under this Act.
4        (16) Failure to file a return, or to pay the tax,
5    penalty, or interest shown in a filed return, or to pay any
6    final assessment of tax, penalty, or interest, as required
7    by any tax Act administered by the Department of Revenue,
8    until such time as the requirements of any such tax Act are
9    satisfied.
10        (17) Failure to comply with federal or State laws and
11    regulations concerning home medical equipment and services
12    providers.
13        (18) Solicitation of professional services using false
14    or misleading advertising.
15        (19) Failure to display a license in accordance with
16    Section 45.
17        (20) Habitual or excessive use or addiction to alcohol,
18    narcotics, stimulants, or any other chemical agent or drug
19    that results in the inability to practice with reasonable
20    judgment, skill, or safety.
21        (21) Physical illness, mental illness, or disability,
22    including without limitation deterioration through the
23    aging process and loss of motor skill, that results in the
24    inability to practice the profession with reasonable
25    judgment, skill, or safety.
26    No consideration shall be given to convictions entered

 

 

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1prior to the date of the application, where the applicant has
2completed any sentence imposed for that conviction, including
3any period of mandatory supervised release.
4(Source: P.A. 95-703, eff. 12-31-07.)
 
5    Section 85. The Marriage and Family Therapy Licensing Act
6is amended by changing Section 85 as follows:
 
7    (225 ILCS 55/85)  (from Ch. 111, par. 8351-85)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 85. Refusal, revocation, or suspension.
10    (a) The Department may refuse to issue or renew, or may
11revoke a license, or may suspend, place on probation, fine, or
12take any disciplinary or non-disciplinary action as the
13Department may deem proper, including fines not to exceed
14$10,000 for each violation, with regard to any licensee for any
15one or combination of the following causes:
16        (1) Material misstatement in furnishing information to
17    the Department.
18        (2) Violations of this Act or its rules.
19        (3) Conviction of or entry of a plea of guilty or nolo
20    contendere to any crime that is a felony under the laws of
21    the United States or any state or territory thereof or a
22    misdemeanor of which an essential element is dishonesty or
23    that is directly related to the practice of the profession.
24        (4) Making any misrepresentation for the purpose of

 

 

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1    obtaining a license or violating any provision of this Act
2    or its rules.
3        (5) Professional incompetence.
4        (6) Gross negligence.
5        (7) Aiding or assisting another person in violating any
6    provision of this Act or its rules.
7        (8) Failing, within 30 days, to provide information in
8    response to a written request made by the Department.
9        (9) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud or harm the public as defined by the rules of the
12    Department, or violating the rules of professional conduct
13    adopted by the Board and published by the Department.
14        (10) Habitual or excessive use or addiction to alcohol,
15    narcotics, stimulants, or any other chemical agent or drug
16    that results in the inability to practice with reasonable
17    judgment, skill, or safety.
18        (11) Discipline by another state, territory, or
19    country if at least one of the grounds for the discipline
20    is the same or substantially equivalent to those set forth
21    in this Act.
22        (12) Directly or indirectly giving to or receiving from
23    any person, firm, corporation, partnership, or association
24    any fee, commission, rebate, or other form of compensation
25    for any professional services not actually or personally
26    rendered. Nothing in this paragraph (12) affects any bona

 

 

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1    fide independent contractor or employment arrangements
2    among health care professionals, health facilities, health
3    care providers, or other entities, except as otherwise
4    prohibited by law. Any employment arrangements may include
5    provisions for compensation, health insurance, pension, or
6    other employment benefits for the provision of services
7    within the scope of the licensee's practice under this Act.
8    Nothing in this paragraph (12) shall be construed to
9    require an employment arrangement to receive professional
10    fees for services rendered.
11        (13) A finding by the Department that the licensee,
12    after having his or her license placed on probationary
13    status, has violated the terms of probation.
14        (14) Abandonment of a patient without cause.
15        (15) Willfully making or filing false records or
16    reports relating to a licensee's practice, including but
17    not limited to false records filed with State agencies or
18    departments.
19        (16) Wilfully failing to report an instance of
20    suspected child abuse or neglect as required by the Abused
21    and Neglected Child Reporting Act.
22        (17) Being named as a perpetrator in an indicated
23    report by the Department of Children and Family Services
24    under the Abused and Neglected Child Reporting Act and upon
25    proof by clear and convincing evidence that the licensee
26    has caused a child to be an abused child or neglected child

 

 

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1    as defined in the Abused and Neglected Child Reporting Act.
2        (18) Physical illness or mental illness or impairment,
3    including, but not limited to, deterioration through the
4    aging process or loss of motor skill that results in the
5    inability to practice the profession with reasonable
6    judgment, skill, or safety.
7        (19) Solicitation of professional services by using
8    false or misleading advertising.
9        (20) A finding that licensure has been applied for or
10    obtained by fraudulent means.
11        (21) Practicing or attempting to practice under a name
12    other than the full name as shown on the license or any
13    other legally authorized name.
14        (22) Gross overcharging for professional services
15    including filing statements for collection of fees or
16    moneys for which services are not rendered.
17    No consideration shall be given to convictions entered
18prior to the date of the application, where the applicant has
19completed any sentence imposed for that conviction, including
20any period of mandatory supervised release.
21    (b) The Department shall deny any application for a license
22or renewal, without hearing, under this Act to any person who
23has defaulted on an educational loan guaranteed by the Illinois
24Student Assistance Commission; however, the Department may
25issue a license or renewal if the person in default has
26established a satisfactory repayment record as determined by

 

 

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1the Illinois Student Assistance Commission.
2    (c) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission, as
4provided in the Mental Health and Developmental Disabilities
5Code, operates as an automatic suspension. The suspension will
6terminate only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission
8and the issuance of an order so finding and discharging the
9patient, and upon the recommendation of the Board to the
10Secretary that the licensee be allowed to resume his or her
11practice as a licensed marriage and family therapist or an
12associate marriage and family therapist.
13    (d) The Department may refuse to issue or may suspend the
14license of any person who fails to file a return, pay the tax,
15penalty, or interest shown in a filed return or pay any final
16assessment of tax, penalty, or interest, as required by any tax
17Act administered by the Illinois Department of Revenue, until
18the time the requirements of the tax Act are satisfied.
19    (e) In enforcing this Section, the Department or Board upon
20a showing of a possible violation may compel an individual
21licensed to practice under this Act, or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination, or both, as required by and at the expense of the
24Department. The Department or Board may order the examining
25physician to present testimony concerning the mental or
26physical examination of the licensee or applicant. No

 

 

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1information shall be excluded by reason of any common law or
2statutory privilege relating to communications between the
3licensee or applicant and the examining physician. The
4examining physicians shall be specifically designated by the
5Board or Department. The individual to be examined may have, at
6his or her own expense, another physician of his or her choice
7present during all aspects of this examination. Failure of an
8individual to submit to a mental or physical examination, when
9directed, shall be grounds for suspension of his or her license
10until the individual submits to the examination if the
11Department finds, after notice and hearing, that the refusal to
12submit to the examination was without reasonable cause.
13    If the Department or Board finds an individual unable to
14practice because of the reasons set forth in this Section, the
15Department or Board may require that individual to submit to
16care, counseling, or treatment by physicians approved or
17designated by the Department or Board, as a condition, term, or
18restriction for continued, reinstated, or renewed licensure to
19practice; or, in lieu of care, counseling, or treatment, the
20Department may file, or the Board may recommend to the
21Department to file, a complaint to immediately suspend, revoke,
22or otherwise discipline the license of the individual. An
23individual whose license was granted, continued, reinstated,
24renewed, disciplined or supervised subject to such terms,
25conditions, or restrictions, and who fails to comply with such
26terms, conditions, or restrictions, shall be referred to the

 

 

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1Secretary for a determination as to whether the individual
2shall have his or her license suspended immediately, pending a
3hearing by the Department.
4    In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 30 days after
7the suspension and completed without appreciable delay. The
8Department and Board shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department or Board that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
 
19    Section 90. The Massage Licensing Act is amended by
20changing Section 45 as follows:
 
21    (225 ILCS 57/45)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 45. Grounds for discipline.
24    (a) The Department may refuse to issue or renew, or may

 

 

HB3395- 145 -LRB100 06973 SMS 17024 b

1revoke, suspend, place on probation, reprimand, or take other
2disciplinary or non-disciplinary action, as the Department
3considers appropriate, including the imposition of fines not to
4exceed $10,000 for each violation, with regard to any license
5or licensee for any one or more of the following:
6        (1) violations of this Act or of the rules adopted
7    under this Act;
8        (2) conviction by plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or by
10    sentencing of any crime, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States: (i) that
14    is a felony; or (ii) that is a misdemeanor, an essential
15    element of which is dishonesty, or that is directly related
16    to the practice of the profession;
17        (3) professional incompetence;
18        (4) advertising in a false, deceptive, or misleading
19    manner;
20        (5) aiding, abetting, assisting, procuring, advising,
21    employing, or contracting with any unlicensed person to
22    practice massage contrary to any rules or provisions of
23    this Act;
24        (6) engaging in immoral conduct in the commission of
25    any act, such as sexual abuse, sexual misconduct, or sexual
26    exploitation, related to the licensee's practice;

 

 

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1        (7) engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public;
4        (8) practicing or offering to practice beyond the scope
5    permitted by law or accepting and performing professional
6    responsibilities which the licensee knows or has reason to
7    know that he or she is not competent to perform;
8        (9) knowingly delegating professional responsibilities
9    to a person unqualified by training, experience, or
10    licensure to perform;
11        (10) failing to provide information in response to a
12    written request made by the Department within 60 days;
13        (11) having a habitual or excessive use of or addiction
14    to alcohol, narcotics, stimulants, or any other chemical
15    agent or drug which results in the inability to practice
16    with reasonable judgment, skill, or safety;
17        (12) having a pattern of practice or other behavior
18    that demonstrates incapacity or incompetence to practice
19    under this Act;
20        (13) discipline by another state, District of
21    Columbia, territory, or foreign nation, if at least one of
22    the grounds for the discipline is the same or substantially
23    equivalent to those set forth in this Section;
24        (14) a finding by the Department that the licensee,
25    after having his or her license placed on probationary
26    status, has violated the terms of probation;

 

 

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1        (15) willfully making or filing false records or
2    reports in his or her practice, including, but not limited
3    to, false records filed with State agencies or departments;
4        (16) making a material misstatement in furnishing
5    information to the Department or otherwise making
6    misleading, deceptive, untrue, or fraudulent
7    representations in violation of this Act or otherwise in
8    the practice of the profession;
9        (17) fraud or misrepresentation in applying for or
10    procuring a license under this Act or in connection with
11    applying for renewal of a license under this Act;
12        (18) inability to practice the profession with
13    reasonable judgment, skill, or safety as a result of
14    physical illness, including, but not limited to,
15    deterioration through the aging process, loss of motor
16    skill, or a mental illness or disability;
17        (19) charging for professional services not rendered,
18    including filing false statements for the collection of
19    fees for which services are not rendered;
20        (20) practicing under a false or, except as provided by
21    law, an assumed name; or
22        (21) cheating on or attempting to subvert the licensing
23    examination administered under this Act.
24    No consideration shall be given to convictions entered
25prior to the date of the application, where the applicant has
26completed any sentence imposed for that conviction, including

 

 

HB3395- 148 -LRB100 06973 SMS 17024 b

1any period of mandatory supervised release.
2    All fines shall be paid within 60 days of the effective
3date of the order imposing the fine.
4    (b) A person not licensed under this Act and engaged in the
5business of offering massage therapy services through others,
6shall not aid, abet, assist, procure, advise, employ, or
7contract with any unlicensed person to practice massage therapy
8contrary to any rules or provisions of this Act. A person
9violating this subsection (b) shall be treated as a licensee
10for the purposes of disciplinary action under this Section and
11shall be subject to cease and desist orders as provided in
12Section 90 of this Act.
13    (c) The Department shall revoke any license issued under
14this Act of any person who is convicted of prostitution, rape,
15sexual misconduct, or any crime that subjects the licensee to
16compliance with the requirements of the Sex Offender
17Registration Act and any such conviction shall operate as a
18permanent bar in the State of Illinois to practice as a massage
19therapist.
20    (d) The Department may refuse to issue or may suspend the
21license of any person who fails to file a tax return, to pay
22the tax, penalty, or interest shown in a filed tax return, or
23to pay any final assessment of tax, penalty, or interest, as
24required by any tax Act administered by the Illinois Department
25of Revenue, until such time as the requirements of the tax Act
26are satisfied in accordance with subsection (g) of Section

 

 

HB3395- 149 -LRB100 06973 SMS 17024 b

12105-15 of the Civil Administrative Code of Illinois.
2    (e) The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with item (5) of subsection
7(a) of Section 2105-15 of the Civil Administrative Code of
8Illinois.
9    (f) In cases where the Department of Healthcare and Family
10Services has previously determined that a licensee or a
11potential licensee is more than 30 days delinquent in the
12payment of child support and has subsequently certified the
13delinquency to the Department, the Department may refuse to
14issue or renew or may revoke or suspend that person's license
15or may take other disciplinary action against that person based
16solely upon the certification of delinquency made by the
17Department of Healthcare and Family Services in accordance with
18item (5) of subsection (a) of Section 2105-15 of the Civil
19Administrative Code of Illinois.
20    (g) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Developmental Disabilities
23Code, operates as an automatic suspension. The suspension will
24end only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of a court order so finding and discharging

 

 

HB3395- 150 -LRB100 06973 SMS 17024 b

1the patient.
2    (h) In enforcing this Act, the Department or Board, upon a
3showing of a possible violation, may compel an individual
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, as required by and at the expense of the
7Department. The Department or Board may order the examining
8physician to present testimony concerning the mental or
9physical examination of the licensee or applicant. No
10information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The individual to be examined may have, at
15his or her own expense, another physician of his or her choice
16present during all aspects of this examination. The examination
17shall be performed by a physician licensed to practice medicine
18in all its branches. Failure of an individual to submit to a
19mental or physical examination, when directed, shall result in
20an automatic suspension without hearing.
21    A person holding a license under this Act or who has
22applied for a license under this Act who, because of a physical
23or mental illness or disability, including, but not limited to,
24deterioration through the aging process or loss of motor skill,
25is unable to practice the profession with reasonable judgment,
26skill, or safety, may be required by the Department to submit

 

 

HB3395- 151 -LRB100 06973 SMS 17024 b

1to care, counseling, or treatment by physicians approved or
2designated by the Department as a condition, term, or
3restriction for continued, reinstated, or renewed licensure to
4practice. Submission to care, counseling, or treatment as
5required by the Department shall not be considered discipline
6of a license. If the licensee refuses to enter into a care,
7counseling, or treatment agreement or fails to abide by the
8terms of the agreement, the Department may file a complaint to
9revoke, suspend, or otherwise discipline the license of the
10individual. The Secretary may order the license suspended
11immediately, pending a hearing by the Department. Fines shall
12not be assessed in disciplinary actions involving physical or
13mental illness or impairment.
14    In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that person's
16license must be convened by the Department within 15 days after
17the suspension and completed without appreciable delay. The
18Department and Board shall have the authority to review the
19subject individual's record of treatment and counseling
20regarding the impairment to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
23    An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department or Board that he or she can resume practice in
26compliance with acceptable and prevailing standards under the

 

 

HB3395- 152 -LRB100 06973 SMS 17024 b

1provisions of his or her license.
2(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
 
3    Section 95. The Naprapathic Practice Act is amended by
4changing Section 110 as follows:
 
5    (225 ILCS 63/110)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 110. Grounds for disciplinary action; refusal,
8revocation, suspension.
9    (a) The Department may refuse to issue or to renew, or may
10revoke, suspend, place on probation, reprimand or take other
11disciplinary or non-disciplinary action as the Department may
12deem appropriate, including imposing fines not to exceed
13$10,000 for each violation, with regard to any licensee or
14license for any one or combination of the following causes:
15        (1) Violations of this Act or of rules adopted under
16    this Act.
17        (2) Material misstatement in furnishing information to
18    the Department.
19        (3) Conviction by plea of guilty or nolo contendere,
20    finding of guilt, jury verdict, or entry of judgment, or by
21    sentencing of any crime, including, but not limited to,
22    convictions, preceding sentences of supervision,
23    conditional discharge, or first offender probation, under
24    the laws of any jurisdiction of the United States: (i) that

 

 

HB3395- 153 -LRB100 06973 SMS 17024 b

1    is a felony or (ii) that is a misdemeanor, an essential
2    element of which is dishonesty, or that is directly related
3    to the practice of the profession.
4        (4) Fraud or any misrepresentation in applying for or
5    procuring a license under this Act or in connection with
6    applying for renewal of a license under this Act.
7        (5) Professional incompetence or gross negligence.
8        (6) Malpractice.
9        (7) Aiding or assisting another person in violating any
10    provision of this Act or its rules.
11        (8) Failing to provide information within 60 days in
12    response to a written request made by the Department.
13        (9) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (10) Habitual or excessive use or abuse of drugs
17    defined in law as controlled substances, alcohol, or any
18    other substance which results in the inability to practice
19    with reasonable judgment, skill, or safety.
20        (11) Discipline by another U.S. jurisdiction or
21    foreign nation if at least one of the grounds for the
22    discipline is the same or substantially equivalent to those
23    set forth in this Act.
24        (12) Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate, or other form of compensation

 

 

HB3395- 154 -LRB100 06973 SMS 17024 b

1    for any professional services not actually or personally
2    rendered. This shall not be deemed to include rent or other
3    remunerations paid to an individual, partnership, or
4    corporation by a naprapath for the lease, rental, or use of
5    space, owned or controlled by the individual, partnership,
6    corporation, or association. Nothing in this paragraph
7    (12) affects any bona fide independent contractor or
8    employment arrangements among health care professionals,
9    health facilities, health care providers, or other
10    entities, except as otherwise prohibited by law. Any
11    employment arrangements may include provisions for
12    compensation, health insurance, pension, or other
13    employment benefits for the provision of services within
14    the scope of the licensee's practice under this Act.
15    Nothing in this paragraph (12) shall be construed to
16    require an employment arrangement to receive professional
17    fees for services rendered.
18        (13) Using the title "Doctor" or its abbreviation
19    without further clarifying that title or abbreviation with
20    the word "naprapath" or "naprapathy" or the designation
21    "D.N.".
22        (14) A finding by the Department that the licensee,
23    after having his or her license placed on probationary
24    status, has violated the terms of probation.
25        (15) Abandonment of a patient without cause.
26        (16) Willfully making or filing false records or

 

 

HB3395- 155 -LRB100 06973 SMS 17024 b

1    reports relating to a licensee's practice, including but
2    not limited to, false records filed with State agencies or
3    departments.
4        (17) Willfully failing to report an instance of
5    suspected child abuse or neglect as required by the Abused
6    and Neglected Child Reporting Act.
7        (18) Physical or mental illness or disability,
8    including, but not limited to, deterioration through the
9    aging process or loss of motor skill that results in the
10    inability to practice the profession with reasonable
11    judgment, skill, or safety.
12        (19) Solicitation of professional services by means
13    other than permitted advertising.
14        (20) Failure to provide a patient with a copy of his or
15    her record upon the written request of the patient.
16        (21) Cheating on or attempting to subvert the licensing
17    examination administered under this Act.
18        (22) Allowing one's license under this Act to be used
19    by an unlicensed person in violation of this Act.
20        (23) (Blank).
21        (24) Being named as a perpetrator in an indicated
22    report by the Department of Children and Family Services
23    under the Abused and Neglected Child Reporting Act and upon
24    proof by clear and convincing evidence that the licensee
25    has caused a child to be an abused child or a neglected
26    child as defined in the Abused and Neglected Child

 

 

HB3395- 156 -LRB100 06973 SMS 17024 b

1    Reporting Act.
2        (25) Practicing under a false or, except as provided by
3    law, an assumed name.
4        (26) Immoral conduct in the commission of any act, such
5    as sexual abuse, sexual misconduct, or sexual
6    exploitation, related to the licensee's practice.
7        (27) Maintaining a professional relationship with any
8    person, firm, or corporation when the naprapath knows, or
9    should know, that the person, firm, or corporation is
10    violating this Act.
11        (28) Promotion of the sale of food supplements,
12    devices, appliances, or goods provided for a client or
13    patient in such manner as to exploit the patient or client
14    for financial gain of the licensee.
15        (29) Having treated ailments of human beings other than
16    by the practice of naprapathy as defined in this Act, or
17    having treated ailments of human beings as a licensed
18    naprapath independent of a documented referral or
19    documented current and relevant diagnosis from a
20    physician, dentist, or podiatric physician, or having
21    failed to notify the physician, dentist, or podiatric
22    physician who established a documented current and
23    relevant diagnosis that the patient is receiving
24    naprapathic treatment pursuant to that diagnosis.
25        (30) Use by a registered naprapath of the word
26    "infirmary", "hospital", "school", "university", in

 

 

HB3395- 157 -LRB100 06973 SMS 17024 b

1    English or any other language, in connection with the place
2    where naprapathy may be practiced or demonstrated.
3        (31) Continuance of a naprapath in the employ of any
4    person, firm, or corporation, or as an assistant to any
5    naprapath or naprapaths, directly or indirectly, after his
6    or her employer or superior has been found guilty of
7    violating or has been enjoined from violating the laws of
8    the State of Illinois relating to the practice of
9    naprapathy when the employer or superior persists in that
10    violation.
11        (32) The performance of naprapathic service in
12    conjunction with a scheme or plan with another person,
13    firm, or corporation known to be advertising in a manner
14    contrary to this Act or otherwise violating the laws of the
15    State of Illinois concerning the practice of naprapathy.
16        (33) Failure to provide satisfactory proof of having
17    participated in approved continuing education programs as
18    determined by and approved by the Secretary. Exceptions for
19    extreme hardships are to be defined by the rules of the
20    Department.
21        (34) (Blank).
22        (35) Gross or willful overcharging for professional
23    services.
24        (36) (Blank).
25    No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

 

 

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1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3    All fines imposed under this Section shall be paid within
460 days after the effective date of the order imposing the
5fine.
6    (b) The Department may refuse to issue or may suspend
7without hearing, as provided for in the Department of
8Professional Regulation Law of the Civil Administrative Code,
9the license of any person who fails to file a return, or pay
10the tax, penalty, or interest shown in a filed return, or pay
11any final assessment of the tax, penalty, or interest as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirements of any such tax
14Act are satisfied in accordance with subsection (g) of Section
152105-15 of the Department of Professional Regulation Law of the
16Civil Administrative Code of Illinois.
17    (c) The Department shall deny a license or renewal
18authorized by this Act to a person who has defaulted on an
19educational loan or scholarship provided or guaranteed by the
20Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with item (5) of subsection
22(a) of Section 2105-15 of the Department of Professional
23Regulation Law of the Civil Administrative Code of Illinois.
24    (d) In cases where the Department of Healthcare and Family
25Services has previously determined a licensee or a potential
26licensee is more than 30 days delinquent in the payment of

 

 

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1child support and has subsequently certified the delinquency to
2the Department, the Department may refuse to issue or renew or
3may revoke or suspend that person's license or may take other
4disciplinary action against that person based solely upon the
5certification of delinquency made by the Department of
6Healthcare and Family Services in accordance with item (5) of
7subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10    (e) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission, as
12provided in the Mental Health and Developmental Disabilities
13Code, operates as an automatic suspension. The suspension shall
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and the issuance of an order so finding and discharging the
17patient.
18    (f) In enforcing this Act, the Department, upon a showing
19of a possible violation, may compel an individual licensed to
20practice under this Act, or who has applied for licensure under
21this Act, to submit to a mental or physical examination and
22evaluation, or both, which may include a substance abuse or
23sexual offender evaluation, as required by and at the expense
24of the Department. The Department shall specifically designate
25the examining physician licensed to practice medicine in all of
26its branches or, if applicable, the multidisciplinary team

 

 

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1involved in providing the mental or physical examination and
2evaluation, or both. The multidisciplinary team shall be led by
3a physician licensed to practice medicine in all of its
4branches and may consist of one or more or a combination of
5physicians licensed to practice medicine in all of its
6branches, licensed chiropractic physicians, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff. Any examining physician or member of the
10multidisciplinary team may require any person ordered to submit
11to an examination and evaluation pursuant to this Section to
12submit to any additional supplemental testing deemed necessary
13to complete any examination or evaluation process, including,
14but not limited to, blood testing, urinalysis, psychological
15testing, or neuropsychological testing.
16    The Department may order the examining physician or any
17member of the multidisciplinary team to provide to the
18Department any and all records including business records that
19relate to the examination and evaluation, including any
20supplemental testing performed. The Department may order the
21examining physician or any member of the multidisciplinary team
22to present testimony concerning the examination and evaluation
23of the licensee or applicant, including testimony concerning
24any supplemental testing or documents in any way related to the
25examination and evaluation. No information, report, record, or
26other documents in any way related to the examination and

 

 

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1evaluation shall be excluded by reason of any common law or
2statutory privilege relating to communications between the
3licensee or applicant and the examining physician or any member
4of the multidisciplinary team. No authorization is necessary
5from the licensee or applicant ordered to undergo an evaluation
6and examination for the examining physician or any member of
7the multidisciplinary team to provide information, reports,
8records, or other documents or to provide any testimony
9regarding the examination and evaluation. The individual to be
10examined may have, at his or her own expense, another physician
11of his or her choice present during all aspects of this
12examination. Failure of an individual to submit to a mental or
13physical examination and evaluation, or both, when directed,
14shall result in an automatic suspension without hearing, until
15such time as the individual submits to the examination.
16    A person holding a license under this Act or who has
17applied for a license under this Act who, because of a physical
18or mental illness or disability, including, but not limited to,
19deterioration through the aging process or loss of motor skill,
20is unable to practice the profession with reasonable judgment,
21skill, or safety, may be required by the Department to submit
22to care, counseling, or treatment by physicians approved or
23designated by the Department as a condition, term, or
24restriction for continued, reinstated, or renewed licensure to
25practice. Submission to care, counseling, or treatment as
26required by the Department shall not be considered discipline

 

 

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1of a license. If the licensee refuses to enter into a care,
2counseling, or treatment agreement or fails to abide by the
3terms of the agreement, the Department may file a complaint to
4revoke, suspend, or otherwise discipline the license of the
5individual. The Secretary may order the license suspended
6immediately, pending a hearing by the Department. Fines shall
7not be assessed in disciplinary actions involving physical or
8mental illness or impairment.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 15 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
2498-463, eff. 8-16-13.)
 
25    Section 100. The Nurse Practice Act is amended by changing

 

 

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1Sections 55-10, 60-10, 65-5, and 70-5 as follows:
 
2    (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 55-10. Qualifications for LPN licensure.
5    (a) Each applicant who successfully meets the requirements
6of this Section shall be entitled to licensure as a Licensed
7Practical Nurse.
8    (b) An applicant for licensure by examination to practice
9as a practical nurse must do each of the following:
10        (1) Submit a completed written application, on forms
11    provided by the Department and fees as established by the
12    Department.
13        (2) Have graduated from a practical nursing education
14    program approved by the Department or have been granted a
15    certificate of completion of pre-licensure requirements
16    from another United States jurisdiction.
17        (3) Successfully complete a licensure examination
18    approved by the Department.
19        (4) Have not violated the provisions of this Act
20    concerning the grounds for disciplinary action. The
21    Department may take into consideration any felony
22    conviction of the applicant, but such a conviction shall
23    not operate as an absolute bar to licensure.
24        (5) Submit to the criminal history records check
25    required under Section 50-35 of this Act.

 

 

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1        (6) Submit either to the Department or its designated
2    testing service, a fee covering the cost of providing the
3    examination. Failure to appear for the examination on the
4    scheduled date at the time and place specified after the
5    applicant's application for examination has been received
6    and acknowledged by the Department or the designated
7    testing service shall result in the forfeiture of the
8    examination fee.
9        (7) Meet all other requirements established by rule.
10    No consideration shall be given to convictions entered
11prior to the date of the application, where the applicant has
12completed any sentence imposed for that conviction, including
13any period of mandatory supervised release.
14    An applicant for licensure by examination may take the
15Department-approved examination in another jurisdiction.
16    (b-5) If an applicant for licensure by examination
17neglects, fails, or refuses to take an examination or fails to
18pass an examination for a license under this Act within 3 years
19after filing the application, the application shall be denied.
20The applicant must enroll in and complete an approved practical
21nursing education program prior to submitting an additional
22application for the licensure exam.
23    An applicant may take and successfully complete a
24Department-approved examination in another jurisdiction.
25However, an applicant who has never been licensed previously in
26any jurisdiction that utilizes a Department-approved

 

 

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1examination and who has taken and failed to pass the
2examination within 3 years after filing the application must
3submit proof of successful completion of a
4Department-authorized nursing education program or
5recompletion of an approved licensed practical nursing program
6prior to re-application.
7    (c) An applicant for licensure by examination shall have
8one year from the date of notification of successful completion
9of the examination to apply to the Department for a license. If
10an applicant fails to apply within one year, the applicant
11shall be required to retake and pass the examination unless
12licensed in another jurisdiction of the United States.
13    (d) A licensed practical nurse applicant who passes the
14Department-approved licensure examination and has applied to
15the Department for licensure may obtain employment as a
16license-pending practical nurse and practice as delegated by a
17registered professional nurse or an advanced practice nurse or
18physician. An individual may be employed as a license-pending
19practical nurse if all of the following criteria are met:
20        (1) He or she has completed and passed the
21    Department-approved licensure exam and presents to the
22    employer the official written notification indicating
23    successful passage of the licensure examination.
24        (2) He or she has completed and submitted to the
25    Department an application for licensure under this Section
26    as a practical nurse.

 

 

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1        (3) He or she has submitted the required licensure fee.
2        (4) He or she has met all other requirements
3    established by rule, including having submitted to a
4    criminal history records check.
5    (e) The privilege to practice as a license-pending
6practical nurse shall terminate with the occurrence of any of
7the following:
8        (1) Three months have passed since the official date of
9    passing the licensure exam as inscribed on the formal
10    written notification indicating passage of the exam. This
11    3-month period may be extended as determined by rule.
12        (2) Receipt of the practical nurse license from the
13    Department.
14        (3) Notification from the Department that the
15    application for licensure has been denied.
16        (4) A request by the Department that the individual
17    terminate practicing as a license-pending practical nurse
18    until an official decision is made by the Department to
19    grant or deny a practical nurse license.
20    (f) An applicant for licensure by endorsement who is a
21licensed practical nurse licensed by examination under the laws
22of another state or territory of the United States or a foreign
23country, jurisdiction, territory, or province must do each of
24the following:
25        (1) Submit a completed written application, on forms
26    supplied by the Department, and fees as established by the

 

 

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1    Department.
2        (2) Have graduated from a practical nursing education
3    program approved by the Department.
4        (3) Submit verification of licensure status directly
5    from the United States jurisdiction of licensure, if
6    applicable, as defined by rule.
7        (4) Submit to the criminal history records check
8    required under Section 50-35 of this Act.
9        (5) Meet all other requirements as established by the
10    Department by rule.
11    (g) All applicants for practical nurse licensure by
12examination or endorsement who are graduates of nursing
13educational programs in a country other than the United States
14or its territories shall have their nursing education
15credentials evaluated by a Department-approved nursing
16credentialing evaluation service. No such applicant may be
17issued a license under this Act unless the applicant's program
18is deemed by the nursing credentialing evaluation service to be
19equivalent to a professional nursing education program
20approved by the Department. An applicant who has graduated from
21a nursing educational program outside of the United States or
22its territories and whose first language is not English shall
23submit certification of passage of the Test of English as a
24Foreign Language (TOEFL), as defined by rule. The Department
25may, upon recommendation from the nursing evaluation service,
26waive the requirement that the applicant pass the TOEFL

 

 

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1examination if the applicant submits verification of the
2successful completion of a nursing education program conducted
3in English. The requirements of this subsection (d) may be
4satisfied by the showing of proof of a certificate from the
5Certificate Program or the VisaScreen Program of the Commission
6on Graduates of Foreign Nursing Schools.
7    (h) An applicant licensed in another state or territory who
8is applying for licensure and has received her or his education
9in a country other than the United States or its territories
10shall have her or his nursing education credentials evaluated
11by a Department-approved nursing credentialing evaluation
12service. No such applicant may be issued a license under this
13Act unless the applicant's program is deemed by the nursing
14credentialing evaluation service to be equivalent to a
15professional nursing education program approved by the
16Department. An applicant who has graduated from a nursing
17educational program outside of the United States or its
18territories and whose first language is not English shall
19submit certification of passage of the Test of English as a
20Foreign Language (TOEFL), as defined by rule. The Department
21may, upon recommendation from the nursing evaluation service,
22waive the requirement that the applicant pass the TOEFL
23examination if the applicant submits verification of the
24successful completion of a nursing education program conducted
25in English or the successful passage of an approved licensing
26examination given in English. The requirements of this

 

 

HB3395- 169 -LRB100 06973 SMS 17024 b

1subsection (d-5) may be satisfied by the showing of proof of a
2certificate from the Certificate Program or the VisaScreen
3Program of the Commission on Graduates of Foreign Nursing
4Schools.
5    (i) A licensed practical nurse who holds an unencumbered
6license in good standing in another United States jurisdiction
7and who has applied for practical nurse licensure under this
8Act by endorsement may be issued a temporary license, if
9satisfactory proof of such licensure in another jurisdiction is
10presented to the Department. The Department shall not issue an
11applicant a temporary practical nurse license until it is
12satisfied that the applicant holds an active, unencumbered
13license in good standing in another jurisdiction. If the
14applicant holds more than one current active license or one or
15more active temporary licenses from another jurisdiction, the
16Department may not issue a temporary license until the
17Department is satisfied that each current active license held
18by the applicant is unencumbered. The temporary license, which
19shall be issued no later than 14 working days following receipt
20by the Department of an application for the temporary license,
21shall be granted upon the submission of all of the following to
22the Department:
23        (1) A completed application for licensure as a
24    practical nurse.
25        (2) Proof of a current, active license in at least one
26    other jurisdiction of the United States and proof that each

 

 

HB3395- 170 -LRB100 06973 SMS 17024 b

1    current active license or temporary license held by the
2    applicant within the last 5 years is unencumbered.
3        (3) A signed and completed application for a temporary
4    license.
5        (4) The required temporary license fee.
6    (j) The Department may refuse to issue an applicant a
7temporary license authorized pursuant to this Section if,
8within 14 working days following its receipt of an application
9for a temporary license, the Department determines that:
10        (1) (blank); the applicant has been convicted of a
11    crime under the laws of a jurisdiction of the United States
12    that is: (i) a felony; or (ii) a misdemeanor directly
13    related to the practice of the profession, within the last
14    5 years;
15        (2) the applicant has had a license or permit related
16    to the practice of practical nursing revoked, suspended, or
17    placed on probation by another jurisdiction within the last
18    5 years and at least one of the grounds for revoking,
19    suspending, or placing on probation is the same or
20    substantially equivalent to grounds in Illinois; or
21        (3) the Department intends to deny licensure by
22    endorsement.
23    (k) The Department may revoke a temporary license issued
24pursuant to this Section if it determines any of the following:
25        (1) That the applicant has been convicted of a crime
26    under the law of any jurisdiction of the United States that

 

 

HB3395- 171 -LRB100 06973 SMS 17024 b

1    is (i) a felony or (ii) a misdemeanor directly related to
2    the practice of the profession, within the last 5 years.
3        (2) That within the last 5 years the applicant has had
4    a license or permit related to the practice of nursing
5    revoked, suspended, or placed on probation by another
6    jurisdiction, and at least one of the grounds for revoking,
7    suspending, or placing on probation is the same or
8    substantially equivalent to grounds for disciplinary
9    action under this Act.
10        (3) That the Department intends to deny licensure by
11    endorsement.
12    (l) A temporary license shall expire 6 months from the date
13of issuance. Further renewal may be granted by the Department
14in hardship cases, as defined by rule and upon approval of the
15Secretary. However, a temporary license shall automatically
16expire upon issuance of a valid license under this Act or upon
17notification that the Department intends to deny licensure,
18whichever occurs first.
19    (m) All applicants for practical nurse licensure have 3
20years from the date of application to complete the application
21process. If the process has not been completed within 3 years
22from the date of application, the application shall be denied,
23the fee forfeited, and the applicant must reapply and meet the
24requirements in effect at the time of reapplication.
25(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
2695-639, eff. 10-5-07.)
 

 

 

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1    (225 ILCS 65/60-10)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 60-10. Qualifications for RN licensure.
4    (a) Each applicant who successfully meets the requirements
5of this Section shall be entitled to licensure as a registered
6professional nurse.
7    (b) An applicant for licensure by examination to practice
8as a registered professional nurse must do each of the
9following:
10        (1) Submit a completed written application, on forms
11    provided by the Department, and fees, as established by the
12    Department.
13        (2) Have graduated from a professional nursing
14    education program approved by the Department or have been
15    granted a certificate of completion of pre-licensure
16    requirements from another United States jurisdiction.
17        (3) Successfully complete a licensure examination
18    approved by the Department.
19        (4) Have not violated the provisions of this Act
20    concerning the grounds for disciplinary action. The
21    Department may take into consideration any felony
22    conviction of the applicant, but such a conviction may not
23    operate as an absolute bar to licensure.
24        (5) Submit to the criminal history records check
25    required under Section 50-35 of this Act.

 

 

HB3395- 173 -LRB100 06973 SMS 17024 b

1        (6) Submit, either to the Department or its designated
2    testing service, a fee covering the cost of providing the
3    examination. Failure to appear for the examination on the
4    scheduled date at the time and place specified after the
5    applicant's application for examination has been received
6    and acknowledged by the Department or the designated
7    testing service shall result in the forfeiture of the
8    examination fee.
9        (7) Meet all other requirements established by the
10    Department by rule. An applicant for licensure by
11    examination may take the Department-approved examination
12    in another jurisdiction.
13    No consideration shall be given to convictions entered
14prior to the date of the application, where the applicant has
15completed any sentence imposed for that conviction, including
16any period of mandatory supervised release.
17    (b-5) If an applicant for licensure by examination
18neglects, fails, or refuses to take an examination or fails to
19pass an examination for a license within 3 years after filing
20the application, the application shall be denied. The applicant
21may make a new application accompanied by the required fee,
22evidence of meeting the requirements in force at the time of
23the new application, and proof of the successful completion of
24at least 2 additional years of professional nursing education.
25    (c) An applicant for licensure by examination shall have
26one year after the date of notification of the successful

 

 

HB3395- 174 -LRB100 06973 SMS 17024 b

1completion of the examination to apply to the Department for a
2license. If an applicant fails to apply within one year, the
3applicant shall be required to retake and pass the examination
4unless licensed in another jurisdiction of the United States.
5    (d) An applicant for licensure by examination who passes
6the Department-approved licensure examination for professional
7nursing may obtain employment as a license-pending registered
8nurse and practice under the direction of a registered
9professional nurse or an advanced practice nurse until such
10time as he or she receives his or her license to practice or
11until the license is denied. In no instance shall any such
12applicant practice or be employed in any management capacity.
13An individual may be employed as a license-pending registered
14nurse if all of the following criteria are met:
15        (1) He or she has completed and passed the
16    Department-approved licensure exam and presents to the
17    employer the official written notification indicating
18    successful passage of the licensure examination.
19        (2) He or she has completed and submitted to the
20    Department an application for licensure under this Section
21    as a registered professional nurse.
22        (3) He or she has submitted the required licensure fee.
23        (4) He or she has met all other requirements
24    established by rule, including having submitted to a
25    criminal history records check.
26    (e) The privilege to practice as a license-pending

 

 

HB3395- 175 -LRB100 06973 SMS 17024 b

1registered nurse shall terminate with the occurrence of any of
2the following:
3        (1) Three months have passed since the official date of
4    passing the licensure exam as inscribed on the formal
5    written notification indicating passage of the exam. The
6    3-month license pending period may be extended if more time
7    is needed by the Department to process the licensure
8    application.
9        (2) Receipt of the registered professional nurse
10    license from the Department.
11        (3) Notification from the Department that the
12    application for licensure has been refused.
13        (4) A request by the Department that the individual
14    terminate practicing as a license-pending registered nurse
15    until an official decision is made by the Department to
16    grant or deny a registered professional nurse license.
17    (f) An applicant for registered professional nurse
18licensure by endorsement who is a registered professional nurse
19licensed by examination under the laws of another state or
20territory of the United States must do each of the following:
21        (1) Submit a completed written application, on forms
22    supplied by the Department, and fees as established by the
23    Department.
24        (2) Have graduated from a registered professional
25    nursing education program approved by the Department.
26        (3) Submit verification of licensure status directly

 

 

HB3395- 176 -LRB100 06973 SMS 17024 b

1    from the United States jurisdiction of licensure, if
2    applicable, as defined by rule.
3        (4) Submit to the criminal history records check
4    required under Section 50-35 of this Act.
5        (5) Meet all other requirements as established by the
6    Department by rule.
7    (g) Pending the issuance of a license under this Section,
8the Department may grant an applicant a temporary license to
9practice nursing as a registered professional nurse if the
10Department is satisfied that the applicant holds an active,
11unencumbered license in good standing in another U.S.
12jurisdiction. If the applicant holds more than one current
13active license or one or more active temporary licenses from
14another jurisdiction, the Department may not issue a temporary
15license until the Department is satisfied that each current
16active license held by the applicant is unencumbered. The
17temporary license, which shall be issued no later than 14
18working days after receipt by the Department of an application
19for the temporary license, shall be granted upon the submission
20of all of the following to the Department:
21        (1) A completed application for licensure as a
22    registered professional nurse.
23        (2) Proof of a current, active license in at least one
24    other jurisdiction of the United States and proof that each
25    current active license or temporary license held by the
26    applicant within the last 5 years is unencumbered.

 

 

HB3395- 177 -LRB100 06973 SMS 17024 b

1        (3) A completed application for a temporary license.
2        (4) The required temporary license fee.
3    (h) The Department may refuse to issue an applicant a
4temporary license authorized pursuant to this Section if,
5within 14 working days after its receipt of an application for
6a temporary license, the Department determines that:
7        (1) (blank); the applicant has been convicted of a
8    crime under the laws of a jurisdiction of the United States
9    that is (i) a felony or (ii) a misdemeanor directly related
10    to the practice of the profession, within the last 5 years;
11        (2) the applicant has had a license or permit related
12    to the practice of nursing revoked, suspended, or placed on
13    probation by another jurisdiction within the last 5 years,
14    if at least one of the grounds for revoking, suspending, or
15    placing on probation is the same or substantially
16    equivalent to grounds for disciplinary action under this
17    Act; or
18        (3) the Department intends to deny licensure by
19    endorsement.
20    (i) The Department may revoke a temporary license issued
21pursuant to this Section if it determines any of the following:
22        (1) That the applicant has been convicted of a crime
23    under the laws of any jurisdiction of the United States
24    that is (i) a felony or (ii) a misdemeanor directly related
25    to the practice of the profession, within the last 5 years.
26        (2) That within the last 5 years, the applicant has had

 

 

HB3395- 178 -LRB100 06973 SMS 17024 b

1    a license or permit related to the practice of nursing
2    revoked, suspended, or placed on probation by another
3    jurisdiction, if at least one of the grounds for revoking,
4    suspending, or placing on probation is the same or
5    substantially equivalent to grounds for disciplinary
6    action under this Act.
7        (3) That it intends to deny licensure by endorsement.
8    (j) A temporary license issued under this Section shall
9expire 6 months after the date of issuance. Further renewal may
10be granted by the Department in hardship cases, as defined by
11rule and upon approval of the Secretary. However, a temporary
12license shall automatically expire upon issuance of the
13Illinois license or upon notification that the Department
14intends to deny licensure, whichever occurs first.
15    (k) All applicants for registered professional nurse
16licensure have 3 years after the date of application to
17complete the application process. If the process has not been
18completed within 3 years after the date of application, the
19application shall be denied, the fee forfeited, and the
20applicant must reapply and meet the requirements in effect at
21the time of reapplication.
22    (l) All applicants for registered nurse licensure by
23examination or endorsement who are graduates of practical
24nursing educational programs in a country other than the United
25States and its territories shall have their nursing education
26credentials evaluated by a Department-approved nursing

 

 

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1credentialing evaluation service. No such applicant may be
2issued a license under this Act unless the applicant's program
3is deemed by the nursing credentialing evaluation service to be
4equivalent to a professional nursing education program
5approved by the Department. An applicant who has graduated from
6a nursing educational program outside of the United States or
7its territories and whose first language is not English shall
8submit certification of passage of the Test of English as a
9Foreign Language (TOEFL), as defined by rule. The Department
10may, upon recommendation from the nursing evaluation service,
11waive the requirement that the applicant pass the TOEFL
12examination if the applicant submits verification of the
13successful completion of a nursing education program conducted
14in English. The requirements of this subsection (l) may be
15satisfied by the showing of proof of a certificate from the
16Certificate Program or the VisaScreen Program of the Commission
17on Graduates of Foreign Nursing Schools.
18    (m) An applicant licensed in another state or territory who
19is applying for licensure and has received her or his education
20in a country other than the United States or its territories
21shall have her or his nursing education credentials evaluated
22by a Department-approved nursing credentialing evaluation
23service. No such applicant may be issued a license under this
24Act unless the applicant's program is deemed by the nursing
25credentialing evaluation service to be equivalent to a
26professional nursing education program approved by the

 

 

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1Department. An applicant who has graduated from a nursing
2educational program outside of the United States or its
3territories and whose first language is not English shall
4submit certification of passage of the Test of English as a
5Foreign Language (TOEFL), as defined by rule. The Department
6may, upon recommendation from the nursing evaluation service,
7waive the requirement that the applicant pass the TOEFL
8examination if the applicant submits verification of the
9successful completion of a nursing education program conducted
10in English or the successful passage of an approved licensing
11examination given in English. The requirements of this
12subsection (m) may be satisfied by the showing of proof of a
13certificate from the Certificate Program or the VisaScreen
14Program of the Commission on Graduates of Foreign Nursing
15Schools.
16(Source: P.A. 95-639, eff. 10-5-07.)
 
17    (225 ILCS 65/65-5)   (was 225 ILCS 65/15-10)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 65-5. Qualifications for APN licensure.
20    (a) Each applicant who successfully meets the requirements
21of this Section shall be entitled to licensure as an advanced
22practice nurse.
23    (b) An applicant for licensure to practice as an advanced
24practice nurse must do each of the following:
25        (1) Submit a completed application and any fees as

 

 

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1    established by the Department.
2        (2) Hold a current license to practice as a registered
3    professional nurse under this Act.
4        (3) Have successfully completed requirements to
5    practice as, and holds and maintains current, national
6    certification as, a nurse midwife, clinical nurse
7    specialist, nurse practitioner, or certified registered
8    nurse anesthetist from the appropriate national certifying
9    body as determined by rule of the Department.
10        (4) Have obtained a graduate degree appropriate for
11    national certification in a clinical advanced practice
12    nursing specialty or a graduate degree or post-master's
13    certificate from a graduate level program in a clinical
14    advanced practice nursing specialty.
15        (5) Have not violated the provisions of this Act
16    concerning the grounds for disciplinary action. The
17    Department may take into consideration any felony
18    conviction of the applicant, but such a conviction may not
19    operate as an absolute bar to licensure.
20        (6) Submit to the criminal history records check
21    required under Section 50-35 of this Act.
22    No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including
25any period of mandatory supervised release.
26    (b-5) A registered professional nurse seeking licensure as

 

 

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1an advanced practice nurse in the category of certified
2registered nurse anesthetist who does not have a graduate
3degree as described in subsection (b) of this Section shall be
4qualified for licensure if that person:
5        (1) submits evidence of having successfully completed
6    a nurse anesthesia program described in item (4) of
7    subsection (b) of this Section prior to January 1, 1999;
8        (2) submits evidence of certification as a registered
9    nurse anesthetist by an appropriate national certifying
10    body; and
11        (3) has continually maintained active, up-to-date
12    recertification status as a certified registered nurse
13    anesthetist by an appropriate national recertifying body.
14    (b-10) The Department shall issue a certified registered
15nurse anesthetist license to an APN who (i) does not have a
16graduate degree, (ii) applies for licensure before July 1,
172018, and (iii) submits all of the following to the Department:
18        (1) His or her current State registered nurse license
19    number.
20        (2) Proof of current national certification, which
21    includes the completion of an examination from either of
22    the following:
23            (A) the Council on Certification of the American
24        Association of Nurse Anesthetists; or
25            (B) the Council on Recertification of the American
26        Association of Nurse Anesthetists.

 

 

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1        (3) Proof of the successful completion of a post-basic
2    advanced practice formal education program in the area of
3    nurse anesthesia prior to January 1, 1999.
4        (4) His or her complete work history for the 5-year
5    period immediately preceding the date of his or her
6    application.
7        (5) Verification of licensure as an advanced practice
8    nurse from the state in which he or she was originally
9    licensed, current state of licensure, and any other state
10    in which he or she has been actively practicing as an
11    advanced practice nurse within the 5-year period
12    immediately preceding the date of his or her application.
13    If applicable, this verification must state:
14            (A) the time during which he or she was licensed in
15        each state, including the date of the original issuance
16        of each license; and
17            (B) any disciplinary action taken or pending
18        concerning any nursing license held, currently or in
19        the past, by the applicant.
20        (6) The required fee.
21    (c) Those applicants seeking licensure in more than one
22advanced practice nursing specialty need not possess multiple
23graduate degrees. Applicants may be eligible for licenses for
24multiple advanced practice nurse licensure specialties,
25provided that the applicant (i) has met the requirements for at
26least one advanced practice nursing specialty under paragraphs

 

 

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1(3) and (5) of subsection (a) of this Section, (ii) possesses
2an additional graduate education that results in a certificate
3for another clinical advanced practice nurse specialty and that
4meets the requirements for the national certification from the
5appropriate nursing specialty, and (iii) holds a current
6national certification from the appropriate national
7certifying body for that additional advanced practice nursing
8specialty.
9(Source: P.A. 98-837, eff. 1-1-15.)
 
10    (225 ILCS 65/70-5)   (was 225 ILCS 65/10-45)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 70-5. Grounds for disciplinary action.
13    (a) The Department may refuse to issue or to renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including fines not to exceed $10,000 per
17violation, with regard to a license for any one or combination
18of the causes set forth in subsection (b) below. All fines
19collected under this Section shall be deposited in the Nursing
20Dedicated and Professional Fund.
21    (b) Grounds for disciplinary action include the following:
22        (1) Material deception in furnishing information to
23    the Department.
24        (2) Material violations of any provision of this Act or
25    violation of the rules of or final administrative action of

 

 

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1    the Secretary, after consideration of the recommendation
2    of the Board.
3        (3) Conviction by plea of guilty or nolo contendere,
4    finding of guilt, jury verdict, or entry of judgment or by
5    sentencing of any crime, including, but not limited to,
6    convictions, preceding sentences of supervision,
7    conditional discharge, or first offender probation, under
8    the laws of any jurisdiction of the United States: (i) that
9    is a felony; or (ii) that is a misdemeanor, an essential
10    element of which is dishonesty, or that is directly related
11    to the practice of the profession.
12        (4) A pattern of practice or other behavior which
13    demonstrates incapacity or incompetency to practice under
14    this Act.
15        (5) Knowingly aiding or assisting another person in
16    violating any provision of this Act or rules.
17        (6) Failing, within 90 days, to provide a response to a
18    request for information in response to a written request
19    made by the Department by certified mail.
20        (7) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public, as defined by rule.
23        (8) Unlawful taking, theft, selling, distributing, or
24    manufacturing of any drug, narcotic, or prescription
25    device.
26        (9) Habitual or excessive use or addiction to alcohol,

 

 

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1    narcotics, stimulants, or any other chemical agent or drug
2    that could result in a licensee's inability to practice
3    with reasonable judgment, skill or safety.
4        (10) Discipline by another U.S. jurisdiction or
5    foreign nation, if at least one of the grounds for the
6    discipline is the same or substantially equivalent to those
7    set forth in this Section.
8        (11) A finding that the licensee, after having her or
9    his license placed on probationary status or subject to
10    conditions or restrictions, has violated the terms of
11    probation or failed to comply with such terms or
12    conditions.
13        (12) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    and under the Abused and Neglected Child Reporting Act, and
16    upon proof by clear and convincing evidence that the
17    licensee has caused a child to be an abused child or
18    neglected child as defined in the Abused and Neglected
19    Child Reporting Act.
20        (13) Willful omission to file or record, or willfully
21    impeding the filing or recording or inducing another person
22    to omit to file or record medical reports as required by
23    law or willfully failing to report an instance of suspected
24    child abuse or neglect as required by the Abused and
25    Neglected Child Reporting Act.
26        (14) Gross negligence in the practice of practical,

 

 

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1    professional, or advanced practice nursing.
2        (15) Holding oneself out to be practicing nursing under
3    any name other than one's own.
4        (16) Failure of a licensee to report to the Department
5    any adverse final action taken against him or her by
6    another licensing jurisdiction of the United States or any
7    foreign state or country, any peer review body, any health
8    care institution, any professional or nursing society or
9    association, any governmental agency, any law enforcement
10    agency, or any court or a nursing liability claim related
11    to acts or conduct similar to acts or conduct that would
12    constitute grounds for action as defined in this Section.
13        (17) Failure of a licensee to report to the Department
14    surrender by the licensee of a license or authorization to
15    practice nursing or advanced practice nursing in another
16    state or jurisdiction or current surrender by the licensee
17    of membership on any nursing staff or in any nursing or
18    advanced practice nursing or professional association or
19    society while under disciplinary investigation by any of
20    those authorities or bodies for acts or conduct similar to
21    acts or conduct that would constitute grounds for action as
22    defined by this Section.
23        (18) Failing, within 60 days, to provide information in
24    response to a written request made by the Department.
25        (19) Failure to establish and maintain records of
26    patient care and treatment as required by law.

 

 

HB3395- 188 -LRB100 06973 SMS 17024 b

1        (20) Fraud, deceit or misrepresentation in applying
2    for or procuring a license under this Act or in connection
3    with applying for renewal of a license under this Act.
4        (21) Allowing another person or organization to use the
5    licensees' license to deceive the public.
6        (22) Willfully making or filing false records or
7    reports in the licensee's practice, including but not
8    limited to false records to support claims against the
9    medical assistance program of the Department of Healthcare
10    and Family Services (formerly Department of Public Aid)
11    under the Illinois Public Aid Code.
12        (23) Attempting to subvert or cheat on a licensing
13    examination administered under this Act.
14        (24) Immoral conduct in the commission of an act,
15    including, but not limited to, sexual abuse, sexual
16    misconduct, or sexual exploitation, related to the
17    licensee's practice.
18        (25) Willfully or negligently violating the
19    confidentiality between nurse and patient except as
20    required by law.
21        (26) Practicing under a false or assumed name, except
22    as provided by law.
23        (27) The use of any false, fraudulent, or deceptive
24    statement in any document connected with the licensee's
25    practice.
26        (28) Directly or indirectly giving to or receiving from

 

 

HB3395- 189 -LRB100 06973 SMS 17024 b

1    a person, firm, corporation, partnership, or association a
2    fee, commission, rebate, or other form of compensation for
3    professional services not actually or personally rendered.
4    Nothing in this paragraph (28) affects any bona fide
5    independent contractor or employment arrangements among
6    health care professionals, health facilities, health care
7    providers, or other entities, except as otherwise
8    prohibited by law. Any employment arrangements may include
9    provisions for compensation, health insurance, pension, or
10    other employment benefits for the provision of services
11    within the scope of the licensee's practice under this Act.
12    Nothing in this paragraph (28) shall be construed to
13    require an employment arrangement to receive professional
14    fees for services rendered.
15        (29) A violation of the Health Care Worker
16    Self-Referral Act.
17        (30) Physical illness, including but not limited to
18    deterioration through the aging process or loss of motor
19    skill, mental illness, or disability that results in the
20    inability to practice the profession with reasonable
21    judgment, skill, or safety.
22        (31) Exceeding the terms of a collaborative agreement
23    or the prescriptive authority delegated to a licensee by
24    his or her collaborating physician or podiatric physician
25    in guidelines established under a written collaborative
26    agreement.

 

 

HB3395- 190 -LRB100 06973 SMS 17024 b

1        (32) Making a false or misleading statement regarding a
2    licensee's skill or the efficacy or value of the medicine,
3    treatment, or remedy prescribed by him or her in the course
4    of treatment.
5        (33) Prescribing, selling, administering,
6    distributing, giving, or self-administering a drug
7    classified as a controlled substance (designated product)
8    or narcotic for other than medically accepted therapeutic
9    purposes.
10        (34) Promotion of the sale of drugs, devices,
11    appliances, or goods provided for a patient in a manner to
12    exploit the patient for financial gain.
13        (35) Violating State or federal laws, rules, or
14    regulations relating to controlled substances.
15        (36) Willfully or negligently violating the
16    confidentiality between an advanced practice nurse,
17    collaborating physician, dentist, or podiatric physician
18    and a patient, except as required by law.
19        (37) A violation of any provision of this Act or any
20    rules promulgated under this Act.
21    No consideration shall be given to convictions entered
22prior to the date of the application, where the applicant has
23completed any sentence imposed for that conviction, including
24any period of mandatory supervised release.
25    (c) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission as

 

 

HB3395- 191 -LRB100 06973 SMS 17024 b

1provided in the Mental Health and Developmental Disabilities
2Code, as amended, operates as an automatic suspension. The
3suspension will end only upon a finding by a court that the
4patient is no longer subject to involuntary admission or
5judicial admission and issues an order so finding and
6discharging the patient; and upon the recommendation of the
7Board to the Secretary that the licensee be allowed to resume
8his or her practice.
9    (d) The Department may refuse to issue or may suspend or
10otherwise discipline the license of any person who fails to
11file a return, or to pay the tax, penalty or interest shown in
12a filed return, or to pay any final assessment of the tax,
13penalty, or interest as required by any tax Act administered by
14the Department of Revenue, until such time as the requirements
15of any such tax Act are satisfied.
16    (e) In enforcing this Act, the Department or Board, upon a
17showing of a possible violation, may compel an individual
18licensed to practice under this Act or who has applied for
19licensure under this Act, to submit to a mental or physical
20examination, or both, as required by and at the expense of the
21Department. The Department or Board may order the examining
22physician to present testimony concerning the mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

 

 

HB3395- 192 -LRB100 06973 SMS 17024 b

1examining physicians shall be specifically designated by the
2Board or Department. The individual to be examined may have, at
3his or her own expense, another physician of his or her choice
4present during all aspects of this examination. Failure of an
5individual to submit to a mental or physical examination, when
6directed, shall result in an automatic suspension without
7hearing.
8    All substance-related violations shall mandate an
9automatic substance abuse assessment. Failure to submit to an
10assessment by a licensed physician who is certified as an
11addictionist or an advanced practice nurse with specialty
12certification in addictions may be grounds for an automatic
13suspension, as defined by rule.
14    If the Department or Board finds an individual unable to
15practice or unfit for duty because of the reasons set forth in
16this Section, the Department or Board may require that
17individual to submit to a substance abuse evaluation or
18treatment by individuals or programs approved or designated by
19the Department or Board, as a condition, term, or restriction
20for continued, reinstated, or renewed licensure to practice;
21or, in lieu of evaluation or treatment, the Department may
22file, or the Board may recommend to the Department to file, a
23complaint to immediately suspend, revoke, or otherwise
24discipline the license of the individual. An individual whose
25license was granted, continued, reinstated, renewed,
26disciplined or supervised subject to such terms, conditions, or

 

 

HB3395- 193 -LRB100 06973 SMS 17024 b

1restrictions, and who fails to comply with such terms,
2conditions, or restrictions, shall be referred to the Secretary
3for a determination as to whether the individual shall have his
4or her license suspended immediately, pending a hearing by the
5Department.
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 Department within 15 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department that he or she can resume practice in compliance
18with nursing standards under the provisions of his or her
19license.
20(Source: P.A. 98-214, eff. 8-9-13.)
 
21    Section 105. The Nursing Home Administrators Licensing and
22Disciplinary Act is amended by changing Section 17 as follows:
 
23    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
24    Sec. 17. Grounds for disciplinary action.

 

 

HB3395- 194 -LRB100 06973 SMS 17024 b

1    (a) The Department may impose fines not to exceed $10,000
2or may refuse to issue or to renew, or may revoke, suspend,
3place on probation, censure, reprimand or take other
4disciplinary or non-disciplinary action with regard to the
5license of any person, for any one or combination of the
6following causes:
7        (1) Intentional material misstatement in furnishing
8    information to the Department.
9        (2) Conviction of or entry of a plea of guilty or nolo
10    contendere to any crime that is a felony under the laws of
11    the United States or any state or territory thereof or a
12    misdemeanor of which an essential element is dishonesty or
13    that is directly related to the practice of the profession
14    of nursing home administration.
15        (3) Making any misrepresentation for the purpose of
16    obtaining a license, or violating any provision of this
17    Act.
18        (4) Immoral conduct in the commission of any act, such
19    as sexual abuse or sexual misconduct, related to the
20    licensee's practice.
21        (5) Failing to respond within 30 days, to a written
22    request made by the Department for information.
23        (6) Engaging in dishonorable, unethical or
24    unprofessional conduct of a character likely to deceive,
25    defraud or harm the public.
26        (7) Habitual use or addiction to alcohol, narcotics,

 

 

HB3395- 195 -LRB100 06973 SMS 17024 b

1    stimulants, or any other chemical agent or drug which
2    results in the inability to practice with reasonable
3    judgment, skill or safety.
4        (8) Discipline by another U.S. jurisdiction if at least
5    one of the grounds for the discipline is the same or
6    substantially equivalent to those set forth herein.
7        (9) A finding by the Department that the licensee,
8    after having his or her license placed on probationary
9    status has violated the terms of probation.
10        (10) Willfully making or filing false records or
11    reports in his or her practice, including but not limited
12    to false records filed with State agencies or departments.
13        (11) Physical illness, mental illness, or other
14    impairment or disability, including, but not limited to,
15    deterioration through the aging process, or loss of motor
16    skill that results in the inability to practice the
17    profession with reasonable judgment, skill or safety.
18        (12) Disregard or violation of this Act or of any rule
19    issued pursuant to this Act.
20        (13) Aiding or abetting another in the violation of
21    this Act or any rule or regulation issued pursuant to this
22    Act.
23        (14) Allowing one's license to be used by an unlicensed
24    person.
25        (15) (Blank).
26        (16) Professional incompetence in the practice of

 

 

HB3395- 196 -LRB100 06973 SMS 17024 b

1    nursing home administration.
2        (17) Conviction of a violation of Section 12-19 or
3    subsection (a) of Section 12-4.4a of the Criminal Code of
4    1961 or the Criminal Code of 2012 for the abuse and
5    criminal neglect of a long term care facility resident.
6        (18) Violation of the Nursing Home Care Act, the
7    Specialized Mental Health Rehabilitation Act of 2013, the
8    ID/DD Community Care Act, or the MC/DD Act or of any rule
9    issued under the Nursing Home Care Act, the Specialized
10    Mental Health Rehabilitation Act of 2013, the ID/DD
11    Community Care Act, or the MC/DD Act. A final adjudication
12    of a Type "AA" violation of the Nursing Home Care Act made
13    by the Illinois Department of Public Health, as identified
14    by rule, relating to the hiring, training, planning,
15    organizing, directing, or supervising the operation of a
16    nursing home and a licensee's failure to comply with this
17    Act or the rules adopted under this Act, shall create a
18    rebuttable presumption of a violation of this subsection.
19        (19) Failure to report to the Department any adverse
20    final action taken against the licensee by a licensing
21    authority of another state, territory of the United States,
22    or foreign country; or by any governmental or law
23    enforcement agency; or by any court for acts or conduct
24    similar to acts or conduct that would constitute grounds
25    for disciplinary action under this Section.
26        (20) Failure to report to the Department the surrender

 

 

HB3395- 197 -LRB100 06973 SMS 17024 b

1    of a license or authorization to practice as a nursing home
2    administrator in another state or jurisdiction for acts or
3    conduct similar to acts or conduct that would constitute
4    grounds for disciplinary action under this Section.
5        (21) Failure to report to the Department any adverse
6    judgment, settlement, or award arising from a liability
7    claim related to acts or conduct similar to acts or conduct
8    that would constitute grounds for disciplinary action
9    under this Section.
10        (22) Failure to submit any required report under
11    Section 80-10 of the Nurse Practice Act.
12    No consideration shall be given to convictions entered
13prior to the date of the application, where the applicant has
14completed any sentence imposed for that conviction, including
15any period of mandatory supervised release.
16    All proceedings to suspend, revoke, place on probationary
17status, or take any other disciplinary action as the Department
18may deem proper, with regard to a license on any of the
19foregoing grounds, must be commenced within 5 years next after
20receipt by the Department of (i) a complaint alleging the
21commission of or notice of the conviction order for any of the
22acts described herein or (ii) a referral for investigation
23under Section 3-108 of the Nursing Home Care Act.
24    The entry of an order or judgment by any circuit court
25establishing that any person holding a license under this Act
26is a person in need of mental treatment operates as a

 

 

HB3395- 198 -LRB100 06973 SMS 17024 b

1suspension of that license. That person may resume their
2practice only upon the entry of a Department order based upon a
3finding by the Board that they have been determined to be
4recovered from mental illness by the court and upon the Board's
5recommendation that they be permitted to resume their practice.
6    The Department, upon the recommendation of the Board, may
7adopt rules which set forth standards to be used in determining
8what constitutes:
9        (i) when a person will be deemed sufficiently
10    rehabilitated to warrant the public trust;
11        (ii) dishonorable, unethical or unprofessional conduct
12    of a character likely to deceive, defraud, or harm the
13    public;
14        (iii) immoral conduct in the commission of any act
15    related to the licensee's practice; and
16        (iv) professional incompetence in the practice of
17    nursing home administration.
18    However, no such rule shall be admissible into evidence in
19any civil action except for review of a licensing or other
20disciplinary action under this Act.
21    In enforcing this Section, the Department or Board, upon a
22showing of a possible violation, may compel any individual
23licensed to practice under this Act, or who has applied for
24licensure pursuant to this Act, to submit to a mental or
25physical examination, or both, as required by and at the
26expense of the Department. The examining physician or

 

 

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

 

 

HB3395- 200 -LRB100 06973 SMS 17024 b

1continued, reinstated, renewed, disciplined or supervised,
2subject to such terms, conditions or restrictions who shall
3fail to comply with such terms, conditions or restrictions
4shall be referred to the Secretary for a determination as to
5whether the licensee shall have his or her license suspended
6immediately, pending a hearing by the Department. In instances
7in which the Secretary immediately suspends a license under
8this Section, a hearing upon such person's license must be
9convened by the Board within 30 days after such suspension and
10completed without appreciable delay. The Department and Board
11shall have the authority to review the subject administrator's
12record of treatment and counseling regarding the impairment, to
13the extent permitted by applicable federal statutes and
14regulations safeguarding the confidentiality of medical
15records.
16    An individual licensed under this Act, affected under this
17Section, shall be afforded an opportunity to demonstrate to the
18Department or Board that he or she can resume practice in
19compliance with acceptable and prevailing standards under the
20provisions of his or her license.
21    (b) Any individual or organization acting in good faith,
22and not in a wilful and wanton manner, in complying with this
23Act by providing any report or other information to the
24Department, or assisting in the investigation or preparation of
25such information, or by participating in proceedings of the
26Department, or by serving as a member of the Board, shall not,

 

 

HB3395- 201 -LRB100 06973 SMS 17024 b

1as a result of such actions, be subject to criminal prosecution
2or civil damages.
3    (c) Members of the Board, and persons retained under
4contract to assist and advise in an investigation, shall be
5indemnified by the State for any actions occurring within the
6scope of services on or for the Board, done in good faith and
7not wilful and wanton in nature. The Attorney General shall
8defend all such actions unless he or she determines either that
9there would be a conflict of interest in such representation or
10that the actions complained of were not in good faith or were
11wilful and wanton.
12    Should the Attorney General decline representation, a
13person entitled to indemnification under this Section shall
14have the right to employ counsel of his or her choice, whose
15fees shall be provided by the State, after approval by the
16Attorney General, unless there is a determination by a court
17that the member's actions were not in good faith or were wilful
18and wanton.
19    A person entitled to indemnification under this Section
20must notify the Attorney General within 7 days of receipt of
21notice of the initiation of any action involving services of
22the Board. Failure to so notify the Attorney General shall
23constitute an absolute waiver of the right to a defense and
24indemnification.
25    The Attorney General shall determine within 7 days after
26receiving such notice, whether he or she will undertake to

 

 

HB3395- 202 -LRB100 06973 SMS 17024 b

1represent a person entitled to indemnification under this
2Section.
3    (d) The determination by a circuit court that a licensee is
4subject to involuntary admission or judicial admission as
5provided in the Mental Health and Developmental Disabilities
6Code, as amended, operates as an automatic suspension. Such
7suspension will end only upon a finding by a court that the
8patient is no longer subject to involuntary admission or
9judicial admission and issues an order so finding and
10discharging the patient; and upon the recommendation of the
11Board to the Secretary that the licensee be allowed to resume
12his or her practice.
13    (e) The Department may refuse to issue or may suspend the
14license of any person who fails to file a return, or to pay the
15tax, penalty or interest shown in a filed return, or to pay any
16final assessment of tax, penalty or interest, as required by
17any tax Act administered by the Department of Revenue, until
18such time as the requirements of any such tax Act are
19satisfied.
20    (f) The Department of Public Health shall transmit to the
21Department a list of those facilities which receive an "A"
22violation as defined in Section 1-129 of the Nursing Home Care
23Act.
24(Source: P.A. 98-104, eff. 7-22-13; 98-990, eff. 8-18-14;
2599-180, eff. 7-29-15.)
 

 

 

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1    Section 110. The Illinois Occupational Therapy Practice
2Act is amended by changing Section 19 as follows:
 
3    (225 ILCS 75/19)  (from Ch. 111, par. 3719)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 19. Grounds for discipline.
6    (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand or take other
8disciplinary or non-disciplinary action as the Department may
9deem proper, including imposing fines not to exceed $10,000 for
10each violation and the assessment of costs as provided under
11Section 19.3 of this Act, with regard to any license for any
12one or combination of the following:
13        (1) Material misstatement in furnishing information to
14    the Department;
15        (2) Violations of this Act, or of the rules promulgated
16    thereunder;
17        (3) Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States that is
23    (i) a felony or (ii) a misdemeanor, an essential element of
24    which is dishonesty, or that is directly related to the
25    practice of the profession;

 

 

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1        (4) Fraud or any misrepresentation in applying for or
2    procuring a license under this Act, or in connection with
3    applying for renewal of a license under this Act;
4        (5) Professional incompetence;
5        (6) Aiding or assisting another person, firm,
6    partnership or corporation in violating any provision of
7    this Act or rules;
8        (7) Failing, within 60 days, to provide information in
9    response to a written request made by the Department;
10        (8) Engaging in dishonorable, unethical or
11    unprofessional conduct of a character likely to deceive,
12    defraud or harm the public;
13        (9) Habitual or excessive use or abuse of drugs defined
14    in law as controlled substances, alcohol, or any other
15    substance that results in the inability to practice with
16    reasonable judgment, skill, or safety;
17        (10) Discipline by another state, unit of government,
18    government agency, the District of Columbia, a territory,
19    or foreign nation, if at least one of the grounds for the
20    discipline is the same or substantially equivalent to those
21    set forth herein;
22        (11) Directly or indirectly giving to or receiving from
23    any person, firm, corporation, partnership, or association
24    any fee, commission, rebate or other form of compensation
25    for professional services not actually or personally
26    rendered. Nothing in this paragraph (11) affects any bona

 

 

HB3395- 205 -LRB100 06973 SMS 17024 b

1    fide independent contractor or employment arrangements
2    among health care professionals, health facilities, health
3    care providers, or other entities, except as otherwise
4    prohibited by law. Any employment arrangements may include
5    provisions for compensation, health insurance, pension, or
6    other employment benefits for the provision of services
7    within the scope of the licensee's practice under this Act.
8    Nothing in this paragraph (11) shall be construed to
9    require an employment arrangement to receive professional
10    fees for services rendered;
11        (12) A finding by the Department that the license
12    holder, after having his license disciplined, has violated
13    the terms of the discipline;
14        (13) Wilfully making or filing false records or reports
15    in the practice of occupational therapy, including but not
16    limited to false records filed with the State agencies or
17    departments;
18        (14) Physical illness, including but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill which results in the inability to practice under this
21    Act with reasonable judgment, skill, or safety;
22        (15) Solicitation of professional services other than
23    by permitted advertising;
24        (16) Allowing one's license under this Act to be used
25    by an unlicensed person in violation of this Act;
26        (17) Practicing under a false or, except as provided by

 

 

HB3395- 206 -LRB100 06973 SMS 17024 b

1    law, assumed name;
2        (18) Professional incompetence or gross negligence;
3        (19) Malpractice;
4        (20) Promotion of the sale of drugs, devices,
5    appliances, or goods provided for a patient in any manner
6    to exploit the client for financial gain of the licensee;
7        (21) Gross, willful, or continued overcharging for
8    professional services;
9        (22) Mental illness or disability that results in the
10    inability to practice under this Act with reasonable
11    judgment, skill, or safety;
12        (23) Violating the Health Care Worker Self-Referral
13    Act;
14        (24) Having treated patients other than by the practice
15    of occupational therapy as defined in this Act, or having
16    treated patients as a licensed occupational therapist
17    independent of a referral from a physician, advanced
18    practice nurse or physician assistant in accordance with
19    Section 3.1, dentist, podiatric physician, or optometrist,
20    or having failed to notify the physician, advanced practice
21    nurse, physician assistant, dentist, podiatric physician,
22    or optometrist who established a diagnosis that the patient
23    is receiving occupational therapy pursuant to that
24    diagnosis;
25        (25) Cheating on or attempting to subvert the licensing
26    examination administered under this Act; and

 

 

HB3395- 207 -LRB100 06973 SMS 17024 b

1        (26) Charging for professional services not rendered,
2    including filing false statements for the collection of
3    fees for which services are not rendered.
4    No consideration shall be given to convictions entered
5prior to the date of the application, where the applicant has
6completed any sentence imposed for that conviction, including
7any period of mandatory supervised release.
8    All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12    (b) The determination by a circuit court that a license
13holder is subject to involuntary admission or judicial
14admission as provided in the Mental Health and Developmental
15Disabilities Code, as now or hereafter amended, operates as an
16automatic suspension. Such suspension will end only upon a
17finding by a court that the patient is no longer subject to
18involuntary admission or judicial admission and an order by the
19court so finding and discharging the patient. In any case where
20a license is suspended under this provision, the licensee shall
21file a petition for restoration and shall include evidence
22acceptable to the Department that the licensee can resume
23practice in compliance with acceptable and prevailing
24standards of their profession.
25    (c) The Department may refuse to issue or may suspend
26without hearing, as provided for in the Code of Civil

 

 

HB3395- 208 -LRB100 06973 SMS 17024 b

1Procedure, the license of any person who fails to file a
2return, to pay the tax, penalty, or interest shown in a filed
3return, or to pay any final assessment of tax, penalty, or
4interest as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied in accordance
7with subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10    (d) In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual who
12is licensed under this Act or any individual who has applied
13for licensure to submit to a mental or physical examination or
14evaluation, or both, which may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation.
20The multidisciplinary team shall be led by a physician licensed
21to practice medicine in all of its branches and may consist of
22one or more or a combination of physicians licensed to practice
23medicine in all of its branches, licensed chiropractic
24physicians, licensed clinical psychologists, licensed clinical
25social workers, licensed clinical professional counselors, and
26other professional and administrative staff. Any examining

 

 

HB3395- 209 -LRB100 06973 SMS 17024 b

1physician or member of the multidisciplinary team may require
2any person ordered to submit to an examination and evaluation
3pursuant to this Section to submit to any additional
4supplemental testing deemed necessary to complete any
5examination or evaluation process, including, but not limited
6to, blood testing, urinalysis, psychological testing, or
7neuropsychological testing.
8    The Department may order the examining physician or any
9member of the multidisciplinary team to provide to the
10Department any and all records, including business records,
11that relate to the examination and evaluation, including any
12supplemental testing performed. The Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this examination and
15evaluation of the licensee or applicant, including testimony
16concerning any supplemental testing or documents relating to
17the examination and evaluation. No information, report,
18record, or other documents in any way related to the
19examination and evaluation shall be excluded by reason of any
20common law or statutory privilege relating to communication
21between the licensee or applicant and the examining physician
22or any member of the multidisciplinary team. No authorization
23is necessary from the licensee or applicant ordered to undergo
24an evaluation and examination for the examining physician or
25any member of the multidisciplinary team to provide
26information, reports, records, or other documents or to provide

 

 

HB3395- 210 -LRB100 06973 SMS 17024 b

1any testimony regarding the examination and evaluation. The
2individual to be examined may have, at his or her own expense,
3another physician of his or her choice present during all
4aspects of the examination.
5    Failure of any individual to submit to mental or physical
6examination or evaluation, or both, when directed, shall result
7in an automatic suspension without hearing, until such time as
8the individual submits to the examination. If the Department
9finds a licensee unable to practice because of the reasons set
10forth in this Section, the Department shall require the
11licensee to submit to care, counseling, or treatment by
12physicians approved or designated by the Department as a
13condition for continued, reinstated, or renewed licensure.
14    When the Secretary immediately suspends a license under
15this Section, a hearing upon such person's license must be
16convened by the Department within 15 days after the suspension
17and completed without appreciable delay. The Department shall
18have the authority to review the licensee's record of treatment
19and counseling regarding the impairment to the extent permitted
20by applicable federal statutes and regulations safeguarding
21the confidentiality of medical records.
22    Individuals licensed under this Act that are affected under
23this Section, shall be afforded an opportunity to demonstrate
24to the Department that they can resume practice in compliance
25with acceptable and prevailing standards under the provisions
26of their license.

 

 

HB3395- 211 -LRB100 06973 SMS 17024 b

1    (e) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with paragraph (5) of
6subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9    (f) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with paragraph (5)
18of subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
20Illinois.
21(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
2298-756, eff. 7-16-14.)
 
23    Section 115. The Illinois Optometric Practice Act of 1987
24is amended by changing Section 24 as follows:
 

 

 

HB3395- 212 -LRB100 06973 SMS 17024 b

1    (225 ILCS 80/24)  (from Ch. 111, par. 3924)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 24. Grounds for disciplinary action.
4    (a) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary or non-disciplinary action as the Department may
7deem appropriate, including fines not to exceed $10,000 for
8each violation, with regard to any license for any one or
9combination of the causes set forth in subsection (a-3) of this
10Section. All fines collected under this Section shall be
11deposited in the Optometric Licensing and Disciplinary Board
12Fund. Any fine imposed shall be payable within 60 days after
13the effective date of the order imposing the fine.
14    (a-3) Grounds for disciplinary action include the
15following:
16        (1) Violations of this Act, or of the rules promulgated
17    hereunder.
18        (2) Conviction of or entry of a plea of guilty to any
19    crime under the laws of any U.S. jurisdiction thereof that
20    is a felony or that is a misdemeanor of which an essential
21    element is dishonesty, or any crime that is directly
22    related to the practice of the profession.
23        (3) Making any misrepresentation for the purpose of
24    obtaining a license.
25        (4) Professional incompetence or gross negligence in
26    the practice of optometry.

 

 

HB3395- 213 -LRB100 06973 SMS 17024 b

1        (5) Gross malpractice, prima facie evidence of which
2    may be a conviction or judgment of malpractice in any court
3    of competent jurisdiction.
4        (6) Aiding or assisting another person in violating any
5    provision of this Act or rules.
6        (7) Failing, within 60 days, to provide information in
7    response to a written request made by the Department that
8    has been sent by certified or registered mail to the
9    licensee's last known address.
10        (8) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        (9) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants or any other chemical agent or drug
15    that results in the inability to practice with reasonable
16    judgment, skill, or safety.
17        (10) Discipline by another U.S. jurisdiction or
18    foreign nation, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to those
20    set forth herein.
21        (11) Violation of the prohibition against fee
22    splitting in Section 24.2 of this Act.
23        (12) A finding by the Department that the licensee,
24    after having his or her license placed on probationary
25    status has violated the terms of probation.
26        (13) Abandonment of a patient.

 

 

HB3395- 214 -LRB100 06973 SMS 17024 b

1        (14) Willfully making or filing false records or
2    reports in his or her practice, including but not limited
3    to false records filed with State agencies or departments.
4        (15) Willfully failing to report an instance of
5    suspected abuse or neglect as required by law.
6        (16) Physical illness, including but not limited to,
7    deterioration through the aging process, or loss of motor
8    skill, mental illness, or disability that results in the
9    inability to practice the profession with reasonable
10    judgment, skill, or safety.
11        (17) Solicitation of professional services other than
12    permitted advertising.
13        (18) Failure to provide a patient with a copy of his or
14    her record or prescription in accordance with federal law.
15        (19) Conviction by any court of competent
16    jurisdiction, either within or without this State, of any
17    violation of any law governing the practice of optometry,
18    conviction in this or another State of any crime that is a
19    felony under the laws of this State or conviction of a
20    felony in a federal court, if the Department determines,
21    after investigation, that such person has not been
22    sufficiently rehabilitated to warrant the public trust.
23        (20) A finding that licensure has been applied for or
24    obtained by fraudulent means.
25        (21) Continued practice by a person knowingly having an
26    infectious or contagious disease.

 

 

HB3395- 215 -LRB100 06973 SMS 17024 b

1        (22) Being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    under the Abused and Neglected Child Reporting Act, and
4    upon proof by clear and convincing evidence that the
5    licensee has caused a child to be an abused child or a
6    neglected child as defined in the Abused and Neglected
7    Child Reporting Act.
8        (23) Practicing or attempting to practice under a name
9    other than the full name as shown on his or her license.
10        (24) Immoral conduct in the commission of any act, such
11    as sexual abuse, sexual misconduct or sexual exploitation,
12    related to the licensee's practice.
13        (25) Maintaining a professional relationship with any
14    person, firm, or corporation when the optometrist knows, or
15    should know, that such person, firm, or corporation is
16    violating this Act.
17        (26) Promotion of the sale of drugs, devices,
18    appliances or goods provided for a client or patient in
19    such manner as to exploit the patient or client for
20    financial gain of the licensee.
21        (27) Using the title "Doctor" or its abbreviation
22    without further qualifying that title or abbreviation with
23    the word "optometry" or "optometrist".
24        (28) Use by a licensed optometrist of the word
25    "infirmary", "hospital", "school", "university", in
26    English or any other language, in connection with the place

 

 

HB3395- 216 -LRB100 06973 SMS 17024 b

1    where optometry may be practiced or demonstrated unless the
2    licensee is employed by and practicing at a location that
3    is licensed as a hospital or accredited as a school or
4    university.
5        (29) Continuance of an optometrist in the employ of any
6    person, firm or corporation, or as an assistant to any
7    optometrist or optometrists, directly or indirectly, after
8    his or her employer or superior has been found guilty of
9    violating or has been enjoined from violating the laws of
10    the State of Illinois relating to the practice of
11    optometry, when the employer or superior persists in that
12    violation.
13        (30) The performance of optometric service in
14    conjunction with a scheme or plan with another person, firm
15    or corporation known to be advertising in a manner contrary
16    to this Act or otherwise violating the laws of the State of
17    Illinois concerning the practice of optometry.
18        (31) Failure to provide satisfactory proof of having
19    participated in approved continuing education programs as
20    determined by the Board and approved by the Secretary.
21    Exceptions for extreme hardships are to be defined by the
22    rules of the Department.
23        (32) Willfully making or filing false records or
24    reports in the practice of optometry, including, but not
25    limited to false records to support claims against the
26    medical assistance program of the Department of Healthcare

 

 

HB3395- 217 -LRB100 06973 SMS 17024 b

1    and Family Services (formerly Department of Public Aid)
2    under the Illinois Public Aid Code.
3        (33) Gross and willful overcharging for professional
4    services including filing false statements for collection
5    of fees for which services are not rendered, including, but
6    not limited to filing false statements for collection of
7    monies for services not rendered from the medical
8    assistance program of the Department of Healthcare and
9    Family Services (formerly Department of Public Aid) under
10    the Illinois Public Aid Code.
11        (34) In the absence of good reasons to the contrary,
12    failure to perform a minimum eye examination as required by
13    the rules of the Department.
14        (35) Violation of the Health Care Worker Self-Referral
15    Act.
16    No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20    The Department shall refuse to issue or shall suspend the
21license of any person who fails to file a return, or to pay the
22tax, penalty or interest shown in a filed return, or to pay any
23final assessment of the tax, penalty or interest, as required
24by any tax Act administered by the Illinois Department of
25Revenue, until such time as the requirements of any such tax
26Act are satisfied.

 

 

HB3395- 218 -LRB100 06973 SMS 17024 b

1    (a-5) In enforcing this Section, the Board or Department,
2upon a showing of a possible violation, may compel any
3individual licensed to practice under this Act, or who has
4applied for licensure or certification pursuant to this Act, to
5submit to a mental or physical examination, or both, as
6required by and at the expense of the Department. The examining
7physicians or clinical psychologists shall be those
8specifically designated by the Department. The Board or the
9Department may order the examining physician or clinical
10psychologist to present testimony concerning this mental or
11physical examination of the licensee or applicant. No
12information shall be excluded by reason of any common law or
13statutory privilege relating to communications between the
14licensee or applicant and the examining physician or clinical
15psychologist. Eye examinations may be provided by a licensed
16optometrist. The individual to be examined may have, at his or
17her own expense, another physician of his or her choice present
18during all aspects of the examination. Failure of any
19individual to submit to a mental or physical examination, when
20directed, shall be grounds for suspension of a license until
21such time as the individual submits to the examination if the
22Board or Department finds, after notice and hearing, that the
23refusal to submit to the examination was without reasonable
24cause.
25    If the Board or Department finds an individual unable to
26practice because of the reasons set forth in this Section, the

 

 

HB3395- 219 -LRB100 06973 SMS 17024 b

1Board or Department shall require such individual to submit to
2care, counseling, or treatment by physicians or clinical
3psychologists approved or designated by the Department, as a
4condition, term, or restriction for continued, reinstated, or
5renewed licensure to practice, or in lieu of care, counseling,
6or treatment, the Board may recommend to the Department to file
7a complaint to immediately suspend, revoke, or otherwise
8discipline the license of the individual, or the Board may
9recommend to the Department to file a complaint to suspend,
10revoke, or otherwise discipline the license of the individual.
11Any individual whose license was granted pursuant to this Act,
12or continued, reinstated, renewed, disciplined, or supervised,
13subject to such conditions, terms, or restrictions, who shall
14fail to comply with such conditions, terms, or restrictions,
15shall be referred to the Secretary for a determination as to
16whether the individual shall have his or her license suspended
17immediately, pending a hearing by the Board.
18    (b) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and issues an order so finding and discharging the patient; and
25upon the recommendation of the Board to the Secretary that the
26licensee be allowed to resume his or her practice.

 

 

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1(Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
 
2    Section 120. The Orthotics, Prosthetics, and Pedorthics
3Practice Act is amended by changing Section 90 as follows:
 
4    (225 ILCS 84/90)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 90. Grounds for discipline.
7    (a) The Department may refuse to issue or renew a license,
8or may revoke or suspend a license, or may suspend, place on
9probation, or reprimand a licensee or take other disciplinary
10or non-disciplinary action as the Department may deem proper,
11including, but not limited to, the imposition of fines not to
12exceed $10,000 for each violation for one or any combination of
13the following:
14        (1) Making a material misstatement in furnishing
15    information to the Department or the Board.
16        (2) Violations of or negligent or intentional
17    disregard of this Act or its rules.
18        (3) Conviction of, or entry of a plea of guilty or nolo
19    contendere to any crime that is a felony under the laws of
20    the United States or any state or territory thereof or that
21    is a misdemeanor of which an essential element is
22    dishonesty, or any crime that is directly related to the
23    practice of the profession.
24        (4) Making a misrepresentation for the purpose of

 

 

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1    obtaining a license.
2        (5) A pattern of practice or other behavior that
3    demonstrates incapacity or incompetence to practice under
4    this Act.
5        (6) Gross negligence under this Act.
6        (7) Aiding or assisting another person in violating a
7    provision of this Act or its rules.
8        (8) Failing to provide information within 60 days in
9    response to a written request made by the Department.
10        (9) Engaging in dishonorable, unethical, or
11    unprofessional conduct or conduct of a character likely to
12    deceive, defraud, or harm the public.
13        (10) Inability to practice with reasonable judgment,
14    skill, or safety as a result of habitual or excessive use
15    or addiction to alcohol, narcotics, stimulants, or any
16    other chemical agent or drug.
17        (11) Discipline by another state or territory of the
18    United States, the federal government, or foreign nation,
19    if at least one of the grounds for the discipline is the
20    same or substantially equivalent to one set forth in this
21    Section.
22        (12) Directly or indirectly giving to or receiving from
23    a person, firm, corporation, partnership, or association a
24    fee, commission, rebate, or other form of compensation for
25    professional services not actually or personally rendered.
26    Nothing in this paragraph (12) affects any bona fide

 

 

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1    independent contractor or employment arrangements among
2    health care professionals, health facilities, health care
3    providers, or other entities, except as otherwise
4    prohibited by law. Any employment arrangements may include
5    provisions for compensation, health insurance, pension, or
6    other employment benefits for the provision of services
7    within the scope of the licensee's practice under this Act.
8    Nothing in this paragraph (12) shall be construed to
9    require an employment arrangement to receive professional
10    fees for services rendered.
11        (13) A finding by the Board that the licensee or
12    registrant, after having his or her license placed on
13    probationary status, has violated the terms of probation.
14        (14) Abandonment of a patient or client.
15        (15) Willfully making or filing false records or
16    reports in his or her practice including, but not limited
17    to, false records filed with State agencies or departments.
18        (16) Willfully failing to report an instance of
19    suspected child abuse or neglect as required by the Abused
20    and Neglected Child Reporting Act.
21        (17) Inability to practice the profession with
22    reasonable judgment, skill, or safety as a result of a
23    physical illness, including, but not limited to,
24    deterioration through the aging process or loss of motor
25    skill, or a mental illness or disability.
26        (18) Solicitation of professional services using false

 

 

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1    or misleading advertising.
2    No consideration shall be given to convictions entered
3prior to the date of the application, where the applicant has
4completed any sentence imposed for that conviction, including
5any period of mandatory supervised release.
6    (b) In enforcing this Section, the Department or Board upon
7a showing of a possible violation, may compel a licensee or
8applicant to submit to a mental or physical examination, or
9both, as required by and at the expense of the Department. The
10Department or Board may order the examining physician to
11present testimony concerning the mental or physical
12examination of the licensee or applicant. No information shall
13be excluded by reason of any common law or statutory privilege
14relating to communications between the licensee or applicant
15and the examining physician. The examining physicians shall be
16specifically designated by the Board or Department. The
17individual to be examined may have, at his or her own expense,
18another physician of his or her choice present during all
19aspects of this examination. Failure of an individual to submit
20to a mental or physical examination, when directed, shall be
21grounds for the immediate suspension of his or her license
22until the individual submits to the examination if the
23Department finds that the refusal to submit to the examination
24was without reasonable cause as defined by rule.
25    In instances in which the Secretary immediately suspends a
26person's license for his or her failure to submit to a mental

 

 

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1or physical examination, when directed, a hearing on that
2person's license must be convened by the Department within 15
3days after the suspension and completed without appreciable
4delay.
5    In instances in which the Secretary otherwise suspends a
6person's license pursuant to the results of a compelled mental
7or physical examination, a hearing on that person's license
8must be convened by the Department within 15 days after the
9suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department or Board that he or she can resume practice in
18compliance with acceptable and prevailing standards under the
19provisions of his or her license.
20    (c) The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with subsection (a)(5) of
25Section 2105-15 of the Department of Professional Regulation
26Law of the Civil Administrative Code of Illinois (20 ILCS

 

 

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12105/2105-15).
2    (d) In cases where the Department of Healthcare and Family
3Services (formerly Department of Public Aid) has previously
4determined that a licensee or a potential licensee is more than
530 days delinquent in the payment of child support and has
6subsequently certified the delinquency to the Department, the
7Department may refuse to issue or renew or may revoke or
8suspend that person's license or may take other disciplinary
9action against that person based solely upon the certification
10of delinquency made by the Department of Healthcare and Family
11Services in accordance with subsection (a)(5) of Section
122105-15 of the Department of Professional Regulation Law of the
13Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
14    (e) The Department may refuse to issue or renew a license,
15or may revoke or suspend a license, for failure to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Department of Revenue, until such time as the requirements of
20the tax Act are satisfied in accordance with subsection (g) of
21Section 2105-15 of the Department of Professional Regulation
22Law of the Civil Administrative Code of Illinois (20 ILCS
232105/2105-15).
24(Source: P.A. 98-756, eff. 7-16-14.)
 
25    Section 125. The Pharmacy Practice Act is amended by

 

 

HB3395- 226 -LRB100 06973 SMS 17024 b

1changing Section 30 as follows:
 
2    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 30. Refusal, revocation, or suspension.
5    (a) The Department may refuse to issue or renew, or may
6revoke a license or registration, or may suspend, place on
7probation, fine, or take any disciplinary or non-disciplinary
8action as the Department may deem proper, including fines not
9to exceed $10,000 for each violation, with regard to any
10licensee or registrant for any one or combination of the
11following causes:
12        1. Material misstatement in furnishing information to
13    the Department.
14        2. Violations of this Act, or the rules promulgated
15    hereunder.
16        3. Making any misrepresentation for the purpose of
17    obtaining licenses.
18        4. A pattern of conduct which demonstrates
19    incompetence or unfitness to practice.
20        5. Aiding or assisting another person in violating any
21    provision of this Act or rules.
22        6. Failing, within 60 days, to respond to a written
23    request made by the Department for information.
24        7. Engaging in unprofessional, dishonorable, or
25    unethical conduct of a character likely to deceive, defraud

 

 

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1    or harm the public.
2        8. Discipline by another U.S. jurisdiction or foreign
3    nation, if at least one of the grounds for the discipline
4    is the same or substantially equivalent to those set forth
5    herein.
6        9. Directly or indirectly giving to or receiving from
7    any person, firm, corporation, partnership, or association
8    any fee, commission, rebate or other form of compensation
9    for any professional services not actually or personally
10    rendered. Nothing in this item 9 affects any bona fide
11    independent contractor or employment arrangements among
12    health care professionals, health facilities, health care
13    providers, or other entities, except as otherwise
14    prohibited by law. Any employment arrangements may include
15    provisions for compensation, health insurance, pension, or
16    other employment benefits for the provision of services
17    within the scope of the licensee's practice under this Act.
18    Nothing in this item 9 shall be construed to require an
19    employment arrangement to receive professional fees for
20    services rendered.
21        10. A finding by the Department that the licensee,
22    after having his license placed on probationary status has
23    violated the terms of probation.
24        11. Selling or engaging in the sale of drug samples
25    provided at no cost by drug manufacturers.
26        12. Physical illness, including but not limited to,

 

 

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1    deterioration through the aging process, or loss of motor
2    skill which results in the inability to practice the
3    profession with reasonable judgment, skill or safety.
4        13. A finding that licensure or registration has been
5    applied for or obtained by fraudulent means.
6        14. The applicant or licensee has been convicted in
7    state or federal court of or entered a plea of guilty, nolo
8    contendere, or the equivalent in a state or federal court
9    to any crime which is a felony or any misdemeanor related
10    to the practice of pharmacy or which an essential element
11    is dishonesty.
12        15. Habitual or excessive use or addiction to alcohol,
13    narcotics, stimulants or any other chemical agent or drug
14    which results in the inability to practice with reasonable
15    judgment, skill or safety.
16        16. Willfully making or filing false records or reports
17    in the practice of pharmacy, including, but not limited to
18    false records to support claims against the medical
19    assistance program of the Department of Healthcare and
20    Family Services (formerly Department of Public Aid) under
21    the Public Aid Code.
22        17. Gross and willful overcharging for professional
23    services including filing false statements for collection
24    of fees for which services are not rendered, including, but
25    not limited to, filing false statements for collection of
26    monies for services not rendered from the medical

 

 

HB3395- 229 -LRB100 06973 SMS 17024 b

1    assistance program of the Department of Healthcare and
2    Family Services (formerly Department of Public Aid) under
3    the Public Aid Code.
4        18. Dispensing prescription drugs without receiving a
5    written or oral prescription in violation of law.
6        19. Upon a finding of a substantial discrepancy in a
7    Department audit of a prescription drug, including
8    controlled substances, as that term is defined in this Act
9    or in the Illinois Controlled Substances Act.
10        20. Physical or mental illness or any other impairment
11    or disability, including without limitation deterioration
12    through the aging process or loss of motor skills that
13    results in the inability to practice with reasonable
14    judgment, skill or safety, or mental incompetence, as
15    declared by a court of competent jurisdiction.
16        21. Violation of the Health Care Worker Self-Referral
17    Act.
18        22. Failing to sell or dispense any drug, medicine, or
19    poison in good faith. "Good faith", for the purposes of
20    this Section, has the meaning ascribed to it in subsection
21    (u) of Section 102 of the Illinois Controlled Substances
22    Act. "Good faith", as used in this item (22), shall not be
23    limited to the sale or dispensing of controlled substances,
24    but shall apply to all prescription drugs.
25        23. Interfering with the professional judgment of a
26    pharmacist by any registrant under this Act, or his or her

 

 

HB3395- 230 -LRB100 06973 SMS 17024 b

1    agents or employees.
2        24. Failing to report within 60 days to the Department
3    any adverse final action taken against a pharmacist,
4    pharmacist technician, or certified pharmacist technician
5    by another licensing jurisdiction in any other state or any
6    territory of the United States or any foreign jurisdiction,
7    any governmental agency, any law enforcement agency, or any
8    court for acts or conduct similar to acts or conduct that
9    would constitute grounds for discipline as defined in this
10    Section.
11        25. Failing to comply with a subpoena issued in
12    accordance with Section 35.5 of this Act.
13        26. Disclosing protected health information in
14    violation of any State or federal law.
15    No consideration shall be given to convictions entered
16prior to the date of the application, where the applicant has
17completed any sentence imposed for that conviction, including
18any period of mandatory supervised release.
19    (b) The Department may refuse to issue or may suspend the
20license or registration of any person who fails to file a
21return, or to pay the tax, penalty or interest shown in a filed
22return, or to pay any final assessment of tax, penalty or
23interest, as required by any tax Act administered by the
24Illinois Department of Revenue, until such time as the
25requirements of any such tax Act are satisfied.
26    (c) The Department shall revoke the license or certificate

 

 

HB3395- 231 -LRB100 06973 SMS 17024 b

1of registration issued under the provisions of this Act or any
2prior Act of this State of any person who has been convicted a
3second time of committing any felony under the Illinois
4Controlled Substances Act, or who has been convicted a second
5time of committing a Class 1 felony under Sections 8A-3 and
68A-6 of the Illinois Public Aid Code. A person whose license or
7certificate of registration issued under the provisions of this
8Act or any prior Act of this State is revoked under this
9subsection (c) shall be prohibited from engaging in the
10practice of pharmacy in this State.
11    (d) Fines may be imposed in conjunction with other forms of
12disciplinary action, but shall not be the exclusive disposition
13of any disciplinary action arising out of conduct resulting in
14death or injury to a patient. Fines shall be paid within 60
15days or as otherwise agreed to by the Department. Any funds
16collected from such fines shall be deposited in the Illinois
17State Pharmacy Disciplinary Fund.
18    (e) The entry of an order or judgment by any circuit court
19establishing that any person holding a license or certificate
20under this Act is a person in need of mental treatment operates
21as a suspension of that license. A licensee may resume his or
22her practice only upon the entry of an order of the Department
23based upon a finding by the Board that he or she has been
24determined to be recovered from mental illness by the court and
25upon the Board's recommendation that the licensee be permitted
26to resume his or her practice.

 

 

HB3395- 232 -LRB100 06973 SMS 17024 b

1    (f) The Department shall issue quarterly to the Board a
2status of all complaints related to the profession received by
3the Department.
4    (g) In enforcing this Section, the Board or the Department,
5upon a showing of a possible violation, may compel any licensee
6or applicant for licensure under this Act to submit to a mental
7or physical examination or both, as required by and at the
8expense of the Department. The examining physician, or
9multidisciplinary team involved in providing physical and
10mental examinations led by a physician consisting of one or a
11combination of licensed physicians, licensed clinical
12psychologists, licensed clinical social workers, licensed
13clinical professional counselors, and other professional and
14administrative staff, shall be those specifically designated
15by the Department. The Board or the Department may order the
16examining physician or any member of the multidisciplinary team
17to present testimony concerning this mental or physical
18examination of the licensee or applicant. No information,
19report, or other documents in any way related to the
20examination shall be excluded by reason of any common law or
21statutory privilege relating to communication between the
22licensee or applicant and the examining physician or any member
23of the multidisciplinary team. The individual to be examined
24may have, at his or her own expense, another physician of his
25or her choice present during all aspects of the examination.
26Failure of any individual to submit to a mental or physical

 

 

HB3395- 233 -LRB100 06973 SMS 17024 b

1examination when directed shall be grounds for suspension of
2his or her license until such time as the individual submits to
3the examination if the Board finds, after notice and hearing,
4that the refusal to submit to the examination was without
5reasonable cause. If the Board finds a pharmacist, certified
6pharmacy technician, or pharmacy technician unable to practice
7because of the reasons set forth in this Section, the Board
8shall require such pharmacist, certified pharmacy technician,
9or pharmacy technician to submit to care, counseling, or
10treatment by physicians or other appropriate health care
11providers approved or designated by the Board as a condition
12for continued, reinstated, or renewed licensure to practice.
13Any pharmacist, certified pharmacy technician, or pharmacy
14technician whose license was granted, continued, reinstated,
15renewed, disciplined, or supervised, subject to such terms,
16conditions, or restrictions, and who fails to comply with such
17terms, conditions, or restrictions or to complete a required
18program of care, counseling, or treatment, as determined by the
19chief pharmacy coordinator or a deputy pharmacy coordinator,
20shall be referred to the Secretary for a determination as to
21whether the licensee shall have his or her license suspended
22immediately, pending a hearing by the Board. In instances in
23which the Secretary immediately suspends a license under this
24subsection (g), a hearing upon such person's license must be
25convened by the Board within 15 days after such suspension and
26completed without appreciable delay. The Board shall have the

 

 

HB3395- 234 -LRB100 06973 SMS 17024 b

1authority to review the subject pharmacist's, certified
2pharmacy technician's, or pharmacy technician's record of
3treatment and counseling regarding the impairment.
4(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
596-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
 
6    Section 130. The Illinois Physical Therapy Act is amended
7by changing Section 17 as follows:
 
8    (225 ILCS 90/17)  (from Ch. 111, par. 4267)
9    (Section scheduled to be repealed on January 1, 2026)
10    Sec. 17. (1) The Department may refuse to issue or to
11renew, or may revoke, suspend, place on probation, reprimand,
12or take other disciplinary action as the Department deems
13appropriate, including the issuance of fines not to exceed
14$5000, with regard to a license for any one or a combination of
15the following:
16        A. Material misstatement in furnishing information to
17    the Department or otherwise making misleading, deceptive,
18    untrue, or fraudulent representations in violation of this
19    Act or otherwise in the practice of the profession;
20        B. Violations of this Act, or of the rules or
21    regulations promulgated hereunder;
22        C. Conviction of any crime under the laws of the United
23    States or any state or territory thereof which is a felony
24    or which is a misdemeanor, an essential element of which is

 

 

HB3395- 235 -LRB100 06973 SMS 17024 b

1    dishonesty, or of any crime which is directly related to
2    the practice of the profession; conviction, as used in this
3    paragraph, shall include a finding or verdict of guilty, an
4    admission of guilt or a plea of nolo contendere;
5        D. Making any misrepresentation for the purpose of
6    obtaining licenses, or violating any provision of this Act
7    or the rules promulgated thereunder pertaining to
8    advertising;
9        E. A pattern of practice or other behavior which
10    demonstrates incapacity or incompetency to practice under
11    this Act;
12        F. Aiding or assisting another person in violating any
13    provision of this Act or Rules;
14        G. Failing, within 60 days, to provide information in
15    response to a written request made by the Department;
16        H. Engaging in dishonorable, unethical or
17    unprofessional conduct of a character likely to deceive,
18    defraud or harm the public. Unprofessional conduct shall
19    include any departure from or the failure to conform to the
20    minimal standards of acceptable and prevailing physical
21    therapy practice, in which proceeding actual injury to a
22    patient need not be established;
23        I. Unlawful distribution of any drug or narcotic, or
24    unlawful conversion of any drug or narcotic not belonging
25    to the person for such person's own use or benefit or for
26    other than medically accepted therapeutic purposes;

 

 

HB3395- 236 -LRB100 06973 SMS 17024 b

1        J. Habitual or excessive use or addiction to alcohol,
2    narcotics, stimulants, or any other chemical agent or drug
3    which results in a physical therapist's or physical
4    therapist assistant's inability to practice with
5    reasonable judgment, skill or safety;
6        K. Revocation or suspension of a license to practice
7    physical therapy as a physical therapist or physical
8    therapist assistant or the taking of other disciplinary
9    action by the proper licensing authority of another state,
10    territory or country;
11        L. Directly or indirectly giving to or receiving from
12    any person, firm, corporation, partnership, or association
13    any fee, commission, rebate or other form of compensation
14    for any professional services not actually or personally
15    rendered. Nothing contained in this paragraph prohibits
16    persons holding valid and current licenses under this Act
17    from practicing physical therapy in partnership under a
18    partnership agreement, including a limited liability
19    partnership, a limited liability company, or a corporation
20    under the Professional Service Corporation Act or from
21    pooling, sharing, dividing, or apportioning the fees and
22    monies received by them or by the partnership, company, or
23    corporation in accordance with the partnership agreement
24    or the policies of the company or professional corporation.
25    Nothing in this paragraph (L) affects any bona fide
26    independent contractor or employment arrangements among

 

 

HB3395- 237 -LRB100 06973 SMS 17024 b

1    health care professionals, health facilities, health care
2    providers, or other entities, except as otherwise
3    prohibited by law. Any employment arrangements may include
4    provisions for compensation, health insurance, pension, or
5    other employment benefits for the provision of services
6    within the scope of the licensee's practice under this Act.
7    Nothing in this paragraph (L) shall be construed to require
8    an employment arrangement to receive professional fees for
9    services rendered;
10        M. A finding by the Board that the licensee after
11    having his or her license placed on probationary status has
12    violated the terms of probation;
13        N. Abandonment of a patient;
14        O. Willfully failing to report an instance of suspected
15    child abuse or neglect as required by the Abused and
16    Neglected Child Reporting Act;
17        P. Willfully failing to report an instance of suspected
18    elder abuse or neglect as required by the Elder Abuse
19    Reporting Act;
20        Q. Physical illness, including but not limited to,
21    deterioration through the aging process, or loss of motor
22    skill which results in the inability to practice the
23    profession with reasonable judgement, skill or safety;
24        R. The use of any words (such as physical therapy,
25    physical therapist physiotherapy or physiotherapist),
26    abbreviations, figures or letters with the intention of

 

 

HB3395- 238 -LRB100 06973 SMS 17024 b

1    indicating practice as a licensed physical therapist
2    without a valid license as a physical therapist issued
3    under this Act;
4        S. The use of the term physical therapist assistant, or
5    abbreviations, figures, or letters with the intention of
6    indicating practice as a physical therapist assistant
7    without a valid license as a physical therapist assistant
8    issued under this Act;
9        T. Willfully violating or knowingly assisting in the
10    violation of any law of this State relating to the practice
11    of abortion;
12        U. Continued practice by a person knowingly having an
13    infectious, communicable or contagious disease;
14        V. Having treated ailments of human beings otherwise
15    than by the practice of physical therapy as defined in this
16    Act, or having treated ailments of human beings as a
17    licensed physical therapist independent of a documented
18    referral or a documented current and relevant diagnosis
19    from a physician, dentist, advanced practice nurse,
20    physician assistant, or podiatric physician, or having
21    failed to notify the physician, dentist, advanced practice
22    nurse, physician assistant, or podiatric physician who
23    established a documented current and relevant diagnosis
24    that the patient is receiving physical therapy pursuant to
25    that diagnosis;
26        W. Being named as a perpetrator in an indicated report

 

 

HB3395- 239 -LRB100 06973 SMS 17024 b

1    by the Department of Children and Family Services pursuant
2    to the Abused and Neglected Child Reporting Act, and upon
3    proof by clear and convincing evidence that the licensee
4    has caused a child to be an abused child or neglected child
5    as defined in the Abused and Neglected Child Reporting Act;
6        X. Interpretation of referrals, performance of
7    evaluation procedures, planning or making major
8    modifications of patient programs by a physical therapist
9    assistant;
10        Y. Failure by a physical therapist assistant and
11    supervising physical therapist to maintain continued
12    contact, including periodic personal supervision and
13    instruction, to insure safety and welfare of patients;
14        Z. Violation of the Health Care Worker Self-Referral
15    Act.
16    No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20    (2) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission as
22provided in the Mental Health and Developmental Disabilities
23Code operates as an automatic suspension. Such suspension will
24end only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of an order so finding and discharging the

 

 

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1patient; and upon the recommendation of the Board to the
2Director that the licensee be allowed to resume his practice.
3    (3) The Department may refuse to issue or may suspend the
4license of any person who fails to file a return, or to pay the
5tax, penalty or interest shown in a filed return, or to pay any
6final assessment of tax, penalty or interest, as required by
7any tax Act administered by the Illinois Department of Revenue,
8until such time as the requirements of any such tax Act are
9satisfied.
10(Source: P.A. 98-214, eff. 8-9-13.)
 
11    Section 135. The Physician Assistant Practice Act of 1987
12is amended by changing Section 21 as follows:
 
13    (225 ILCS 95/21)  (from Ch. 111, par. 4621)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 21. Grounds for disciplinary action.
16    (a) The Department may refuse to issue or to renew, or may
17revoke, suspend, place on probation, censure or reprimand, or
18take other disciplinary or non-disciplinary action with regard
19to any license issued under this Act as the Department may deem
20proper, including the issuance of fines not to exceed $10,000
21for each violation, for any one or combination of the following
22causes:
23        (1) Material misstatement in furnishing information to
24    the Department.

 

 

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1        (2) Violations of this Act, or the rules adopted under
2    this Act.
3        (3) Conviction of or entry of a plea of guilty or nolo
4    contendere to any crime that is a felony under the laws of
5    the United States or any state or territory thereof or that
6    is a misdemeanor of which an essential element is
7    dishonesty or that is directly related to the practice of
8    the profession.
9        (4) Making any misrepresentation for the purpose of
10    obtaining licenses.
11        (5) Professional incompetence.
12        (6) Aiding or assisting another person in violating any
13    provision of this Act or its rules.
14        (7) Failing, within 60 days, to provide information in
15    response to a written request made by the Department.
16        (8) Engaging in dishonorable, unethical, or
17    unprofessional conduct, as defined by rule, of a character
18    likely to deceive, defraud, or harm the public.
19        (9) Habitual or excessive use or addiction to alcohol,
20    narcotics, stimulants, or any other chemical agent or drug
21    that results in a physician assistant's inability to
22    practice with reasonable judgment, skill, or safety.
23        (10) Discipline by another U.S. jurisdiction or
24    foreign nation, if at least one of the grounds for
25    discipline is the same or substantially equivalent to those
26    set forth in this Section.

 

 

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1        (11) Directly or indirectly giving to or receiving from
2    any person, firm, corporation, partnership, or association
3    any fee, commission, rebate or other form of compensation
4    for any professional services not actually or personally
5    rendered. Nothing in this paragraph (11) affects any bona
6    fide independent contractor or employment arrangements,
7    which may include provisions for compensation, health
8    insurance, pension, or other employment benefits, with
9    persons or entities authorized under this Act for the
10    provision of services within the scope of the licensee's
11    practice under this Act.
12        (12) A finding by the Disciplinary Board that the
13    licensee, after having his or her license placed on
14    probationary status has violated the terms of probation.
15        (13) Abandonment of a patient.
16        (14) Willfully making or filing false records or
17    reports in his or her practice, including but not limited
18    to false records filed with state agencies or departments.
19        (15) Willfully failing to report an instance of
20    suspected child abuse or neglect as required by the Abused
21    and Neglected Child Reporting Act.
22        (16) Physical illness, or mental illness or impairment
23    that results in the inability to practice the profession
24    with reasonable judgment, skill, or safety, including, but
25    not limited to, deterioration through the aging process or
26    loss of motor skill.

 

 

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1        (17) Being named as a perpetrator in an indicated
2    report by the Department of Children and Family Services
3    under the Abused and Neglected Child Reporting Act, and
4    upon proof by clear and convincing evidence that the
5    licensee has caused a child to be an abused child or
6    neglected child as defined in the Abused and Neglected
7    Child Reporting Act.
8        (18) (Blank).
9        (19) Gross negligence resulting in permanent injury or
10    death of a patient.
11        (20) Employment of fraud, deception or any unlawful
12    means in applying for or securing a license as a physician
13    assistant.
14        (21) Exceeding the authority delegated to him or her by
15    his or her supervising physician in a written supervision
16    agreement.
17        (22) Immoral conduct in the commission of any act, such
18    as sexual abuse, sexual misconduct or sexual exploitation
19    related to the licensee's practice.
20        (23) Violation of the Health Care Worker Self-Referral
21    Act.
22        (24) Practicing under a false or assumed name, except
23    as provided by law.
24        (25) Making a false or misleading statement regarding
25    his or her skill or the efficacy or value of the medicine,
26    treatment, or remedy prescribed by him or her in the course

 

 

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1    of treatment.
2        (26) Allowing another person to use his or her license
3    to practice.
4        (27) Prescribing, selling, administering,
5    distributing, giving, or self-administering a drug
6    classified as a controlled substance (designated product)
7    or narcotic for other than medically-accepted therapeutic
8    purposes.
9        (28) Promotion of the sale of drugs, devices,
10    appliances, or goods provided for a patient in a manner to
11    exploit the patient for financial gain.
12        (29) A pattern of practice or other behavior that
13    demonstrates incapacity or incompetence to practice under
14    this Act.
15        (30) Violating State or federal laws or regulations
16    relating to controlled substances or other legend drugs.
17        (31) Exceeding the prescriptive authority delegated by
18    the supervising physician or violating the written
19    supervision agreement delegating that authority.
20        (32) Practicing without providing to the Department a
21    notice of supervision or delegation of prescriptive
22    authority.
23    No consideration shall be given to convictions entered
24prior to the date of the application, where the applicant has
25completed any sentence imposed for that conviction, including
26any period of mandatory supervised release.

 

 

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1    (b) The Department may, without a hearing, refuse to issue
2or renew or may suspend the license of any person who fails to
3file a return, or to pay the tax, penalty or interest shown in
4a filed return, or to pay any final assessment of the tax,
5penalty, or interest as required by any tax Act administered by
6the Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied.
8    (c) The determination by a circuit court that a licensee is
9subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code operates as an automatic suspension. The suspension will
12end only upon a finding by a court that the patient is no
13longer subject to involuntary admission or judicial admission
14and issues an order so finding and discharging the patient, and
15upon the recommendation of the Disciplinary Board to the
16Secretary that the licensee be allowed to resume his or her
17practice.
18    (d) In enforcing this Section, the Department upon a
19showing of a possible violation may compel an individual
20licensed to practice under this Act, or who has applied for
21licensure under this Act, to submit to a mental or physical
22examination, or both, as required by and at the expense of the
23Department. The Department may order the examining physician to
24present testimony concerning the mental or physical
25examination of the licensee or applicant. No information shall
26be excluded by reason of any common law or statutory privilege

 

 

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1relating to communications between the licensee or applicant
2and the examining physician. The examining physicians shall be
3specifically designated by the Department. The individual to be
4examined may have, at his or her own expense, another physician
5of his or her choice present during all aspects of this
6examination. Failure of an individual to submit to a mental or
7physical examination, when directed, shall be grounds for
8suspension of his or her license until the individual submits
9to the examination if the Department finds, after notice and
10hearing, that the refusal to submit to the examination was
11without reasonable cause.
12    If the Department finds an individual unable to practice
13because of the reasons set forth in this Section, the
14Department may require that individual to submit to care,
15counseling, or treatment by physicians approved or designated
16by the Department, as a condition, term, or restriction for
17continued, reinstated, or renewed licensure to practice; or, in
18lieu of care, counseling, or treatment, the Department may file
19a complaint to immediately suspend, revoke, or otherwise
20discipline the license of the individual. An individual whose
21license was granted, continued, reinstated, renewed,
22disciplined, or supervised subject to such terms, conditions,
23or restrictions, and who fails to comply with such terms,
24conditions, or restrictions, shall be referred to the Secretary
25for a determination as to whether the individual shall have his
26or her license suspended immediately, pending a hearing by the

 

 

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1Department.
2    In instances in which the Secretary immediately suspends a
3person's license under this Section, a hearing on that person's
4license must be convened by the Department within 30 days after
5the suspension and completed without appreciable delay. The
6Department shall have the authority to review the subject
7individual's record of treatment and counseling regarding the
8impairment to the extent permitted by applicable federal
9statutes and regulations safeguarding the confidentiality of
10medical records.
11    An individual licensed under this Act and affected under
12this Section shall be afforded an opportunity to demonstrate to
13the Department that he or she can resume practice in compliance
14with acceptable and prevailing standards under the provisions
15of his or her license.
16(Source: P.A. 95-703, eff. 12-31-07; 96-268, eff. 8-11-09;
1796-1482, eff. 11-29-10.)
 
18    Section 140. The Podiatric Medical Practice Act of 1987 is
19amended by changing Section 24 as follows:
 
20    (225 ILCS 100/24)  (from Ch. 111, par. 4824)
21    (Section scheduled to be repealed on January 1, 2018)
22    Sec. 24. Grounds for disciplinary action. The Department
23may refuse to issue, may refuse to renew, may refuse to
24restore, may suspend, or may revoke any license, or may place

 

 

HB3395- 248 -LRB100 06973 SMS 17024 b

1on probation, reprimand or take other disciplinary or
2non-disciplinary action as the Department may deem proper,
3including fines not to exceed $10,000 for each violation upon
4anyone licensed under this Act for any of the following
5reasons:
6        (1) Making a material misstatement in furnishing
7    information to the Department.
8        (2) Violations of this Act, or of the rules or
9    regulations promulgated hereunder.
10        (3) Conviction of or entry of a plea of guilty or nolo
11    contendere to any crime that is a felony under the laws of
12    the United States or any state or territory of the United
13    States that is a misdemeanor, of which an essential element
14    is dishonesty, or of any crime that is directly related to
15    the practice of the profession.
16        (4) Making any misrepresentation for the purpose of
17    obtaining licenses, or violating any provision of this Act
18    or the rules promulgated thereunder pertaining to
19    advertising.
20        (5) Professional incompetence.
21        (6) Gross or repeated malpractice or negligence.
22        (7) Aiding or assisting another person in violating any
23    provision of this Act or rules.
24        (8) Failing, within 30 days, to provide information in
25    response to a written request made by the Department.
26        (9) Engaging in dishonorable, unethical or

 

 

HB3395- 249 -LRB100 06973 SMS 17024 b

1    unprofessional conduct of a character likely to deceive,
2    defraud or harm the public.
3        (10) Habitual or excessive use of alcohol, narcotics,
4    stimulants or other chemical agent or drug that results in
5    the inability to practice podiatric medicine with
6    reasonable judgment, skill or safety.
7        (11) Discipline by another United States jurisdiction
8    if at least one of the grounds for the discipline is the
9    same or substantially equivalent to those set forth in this
10    Section.
11        (12) Violation of the prohibition against fee
12    splitting in Section 24.2 of this Act.
13        (13) A finding by the Podiatric Medical Licensing Board
14    that the licensee, after having his or her license placed
15    on probationary status, has violated the terms of
16    probation.
17        (14) Abandonment of a patient.
18        (15) Willfully making or filing false records or
19    reports in his or her practice, including but not limited
20    to false records filed with state agencies or departments.
21        (16) Willfully failing to report an instance of
22    suspected child abuse or neglect as required by the Abused
23    and Neglected Child Report Act.
24        (17) Physical illness, mental illness, or other
25    impairment, including but not limited to, deterioration
26    through the aging process, or loss of motor skill that

 

 

HB3395- 250 -LRB100 06973 SMS 17024 b

1    results in the inability to practice the profession with
2    reasonable judgment, skill or safety.
3        (18) Solicitation of professional services other than
4    permitted advertising.
5        (19) The determination by a circuit court that a
6    licensed podiatric physician is subject to involuntary
7    admission or judicial admission as provided in the Mental
8    Health and Developmental Disabilities Code operates as an
9    automatic suspension. Such suspension will end only upon a
10    finding by a court that the patient is no longer subject to
11    involuntary admission or judicial admission and issues an
12    order so finding and discharging the patient; and upon the
13    recommendation of the Podiatric Medical Licensing Board to
14    the Secretary that the licensee be allowed to resume his or
15    her practice.
16        (20) Holding oneself out to treat human ailments under
17    any name other than his or her own, or the impersonation of
18    any other physician.
19        (21) Revocation or suspension or other action taken
20    with respect to a podiatric medical license in another
21    jurisdiction that would constitute disciplinary action
22    under this Act.
23        (22) Promotion of the sale of drugs, devices,
24    appliances or goods provided for a patient in such manner
25    as to exploit the patient for financial gain of the
26    podiatric physician.

 

 

HB3395- 251 -LRB100 06973 SMS 17024 b

1        (23) Gross, willful, and continued overcharging for
2    professional services including filing false statements
3    for collection of fees for those services, including, but
4    not limited to, filing false statement for collection of
5    monies for services not rendered from the medical
6    assistance program of the Department of Healthcare and
7    Family Services (formerly Department of Public Aid) under
8    the Illinois Public Aid Code or other private or public
9    third party payor.
10        (24) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    under the Abused and Neglected Child Reporting Act, and
13    upon proof by clear and convincing evidence that the
14    licensee has caused a child to be an abused child or
15    neglected child as defined in the Abused and Neglected
16    Child Reporting Act.
17        (25) Willfully making or filing false records or
18    reports in the practice of podiatric medicine, including,
19    but not limited to, false records to support claims against
20    the medical assistance program of the Department of
21    Healthcare and Family Services (formerly Department of
22    Public Aid) under the Illinois Public Aid Code.
23        (26) (Blank).
24        (27) Immoral conduct in the commission of any act
25    including, sexual abuse, sexual misconduct, or sexual
26    exploitation, related to the licensee's practice.

 

 

HB3395- 252 -LRB100 06973 SMS 17024 b

1        (28) Violation of the Health Care Worker Self-Referral
2    Act.
3        (29) Failure to report to the Department any adverse
4    final action taken against him or her by another licensing
5    jurisdiction (another state or a territory of the United
6    States or a foreign state or country) by a peer review
7    body, by any health care institution, by a professional
8    society or association related to practice under this Act,
9    by a governmental agency, by a law enforcement agency, or
10    by a court for acts or conduct similar to acts or conduct
11    that would constitute grounds for action as defined in this
12    Section.
13    No consideration shall be given to convictions entered
14prior to the date of the application, where the applicant has
15completed any sentence imposed for that conviction, including
16any period of mandatory supervised release.
17    The Department may refuse to issue or may suspend the
18license of any person who fails to file a return, or to pay the
19tax, penalty or interest shown in a filed return, or to pay any
20final assessment of tax, penalty or interest, as required by
21any tax Act administered by the Illinois Department of Revenue,
22until such time as the requirements of any such tax Act are
23satisfied.
24    Upon receipt of a written communication from the Secretary
25of Human Services, the Director of Healthcare and Family
26Services (formerly Director of Public Aid), or the Director of

 

 

HB3395- 253 -LRB100 06973 SMS 17024 b

1Public Health that continuation of practice of a person
2licensed under this Act constitutes an immediate danger to the
3public, the Secretary may immediately suspend the license of
4such person without a hearing. In instances in which the
5Secretary immediately suspends a license under this Section, a
6hearing upon such person's license must be convened by the
7Board within 15 days after such suspension and completed
8without appreciable delay, such hearing held to determine
9whether to recommend to the Secretary that the person's license
10be revoked, suspended, placed on probationary status or
11reinstated, or such person be subject to other disciplinary
12action. In such hearing, the written communication and any
13other evidence submitted therewith may be introduced as
14evidence against such person; provided, however, the person or
15his counsel shall have the opportunity to discredit or impeach
16such evidence and submit evidence rebutting the same.
17    Except for fraud in procuring a license, all proceedings to
18suspend, revoke, place on probationary status, or take any
19other disciplinary action as the Department may deem proper,
20with regard to a license on any of the foregoing grounds, must
21be commenced within 5 years after receipt by the Department of
22a complaint alleging the commission of or notice of the
23conviction order for any of the acts described in this Section.
24Except for the grounds set forth in items (8), (9), (26), and
25(29) of this Section, no action shall be commenced more than 10
26years after the date of the incident or act alleged to have

 

 

HB3395- 254 -LRB100 06973 SMS 17024 b

1been a violation of this Section. In the event of the
2settlement of any claim or cause of action in favor of the
3claimant or the reduction to final judgment of any civil action
4in favor of the plaintiff, such claim, cause of action, or
5civil action being grounded on the allegation that a person
6licensed under this Act was negligent in providing care, the
7Department shall have an additional period of 2 years from the
8date of notification to the Department under Section 26 of this
9Act of such settlement or final judgment in which to
10investigate and commence formal disciplinary proceedings under
11Section 24 of this Act, except as otherwise provided by law.
12The time during which the holder of the license was outside the
13State of Illinois shall not be included within any period of
14time limiting the commencement of disciplinary action by the
15Department.
16    In enforcing this Section, the Department or Board upon a
17showing of a possible violation may compel an individual
18licensed to practice under this Act, or who has applied for
19licensure under this Act, to submit to a mental or physical
20examination, or both, as required by and at the expense of the
21Department. The Department or Board may order the examining
22physician to present testimony concerning the mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

 

 

HB3395- 255 -LRB100 06973 SMS 17024 b

1examining physicians shall be specifically designated by the
2Board or Department. The individual to be examined may have, at
3his or her own expense, another physician of his or her choice
4present during all aspects of this examination. Failure of an
5individual to submit to a mental or physical examination, when
6directed, shall be grounds for suspension of his or her license
7until the individual submits to the examination if the
8Department finds, after notice and hearing, that the refusal to
9submit to the examination was without reasonable cause.
10    If the Department or Board finds an individual unable to
11practice because of the reasons set forth in this Section, the
12Department or Board may require that individual to submit to
13care, counseling, or treatment by physicians approved or
14designated by the Department or Board, as a condition, term, or
15restriction for continued, reinstated, or renewed licensure to
16practice; or, in lieu of care, counseling, or treatment, the
17Department may file, or the Board may recommend to the
18Department to file, a complaint to immediately suspend, revoke,
19or otherwise discipline the license of the individual. An
20individual whose license was granted, continued, reinstated,
21renewed, disciplined or supervised subject to such terms,
22conditions, or restrictions, and who fails to comply with such
23terms, conditions, or restrictions, shall be referred to the
24Secretary for a determination as to whether the individual
25shall have his or her license suspended immediately, pending a
26hearing by the Department.

 

 

HB3395- 256 -LRB100 06973 SMS 17024 b

1    In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that person's
3license must be convened by the Department within 30 days after
4the suspension and completed without appreciable delay. The
5Department and Board shall have the authority to review the
6subject individual's record of treatment and counseling
7regarding the impairment to the extent permitted by applicable
8federal statutes and regulations safeguarding the
9confidentiality of medical records.
10    An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Department or Board that he or she can resume practice in
13compliance with acceptable and prevailing standards under the
14provisions of his or her license.
15(Source: P.A. 96-1158, eff. 1-1-11; 96-1482, eff. 11-29-10;
1697-813, eff. 7-13-12.)
 
17    Section 145. The Respiratory Care Practice Act is amended
18by changing Section 95 as follows:
 
19    (225 ILCS 106/95)
20    (Section scheduled to be repealed on January 1, 2026)
21    Sec. 95. Grounds for discipline.
22    (a) The Department may refuse to issue, renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action as the Department

 

 

HB3395- 257 -LRB100 06973 SMS 17024 b

1considers appropriate, including the issuance of fines not to
2exceed $10,000 for each violation, with regard to any license
3for any one or combination of the following:
4        (1) Material misstatement in furnishing information to
5    the Department or to any other State or federal agency.
6        (2) Violations of this Act, or any of the rules adopted
7    under this Act.
8        (3) Conviction by plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or by
10    sentencing of any crime, including, but not limited to,
11    convictions preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States or any
14    state or territory thereof: (i) that is a felony or (ii)
15    that is a misdemeanor, an essential element of which is
16    dishonesty, or that is directly related to the practice of
17    the profession.
18        (4) Making any misrepresentation for the purpose of
19    obtaining a license.
20        (5) Professional incompetence or negligence in the
21    rendering of respiratory care services.
22        (6) Malpractice.
23        (7) Aiding or assisting another person in violating any
24    rules or provisions of this Act.
25        (8) Failing to provide information within 60 days in
26    response to a written request made by the Department.

 

 

HB3395- 258 -LRB100 06973 SMS 17024 b

1        (9) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public.
4        (10) Violating the rules of professional conduct
5    adopted by the Department.
6        (11) Discipline by another jurisdiction, if at least
7    one of the grounds for the discipline is the same or
8    substantially equivalent to those set forth in this Act.
9        (12) Directly or indirectly giving to or receiving from
10    any person, firm, corporation, partnership, or association
11    any fee, commission, rebate, or other form of compensation
12    for any professional services not actually rendered.
13    Nothing in this paragraph (12) affects any bona fide
14    independent contractor or employment arrangements among
15    health care professionals, health facilities, health care
16    providers, or other entities, except as otherwise
17    prohibited by law. Any employment arrangements may include
18    provisions for compensation, health insurance, pension, or
19    other employment benefits for the provision of services
20    within the scope of the licensee's practice under this Act.
21    Nothing in this paragraph (12) shall be construed to
22    require an employment arrangement to receive professional
23    fees for services rendered.
24        (13) A finding that the licensee, after having her or
25    his license placed on probationary status or subject to
26    conditions or restrictions, has violated the terms of

 

 

HB3395- 259 -LRB100 06973 SMS 17024 b

1    probation or failed to comply with such terms or
2    conditions.
3        (14) Abandonment of a patient.
4        (15) Willfully filing false records or reports
5    relating to a licensee's practice including, but not
6    limited to, false records filed with a federal or State
7    agency or department.
8        (16) Willfully failing to report an instance of
9    suspected child abuse or neglect as required by the Abused
10    and Neglected Child Reporting Act.
11        (17) Providing respiratory care, other than pursuant
12    to an order.
13        (18) Physical or mental disability including, but not
14    limited to, deterioration through the aging process or loss
15    of motor skills that results in the inability to practice
16    the profession with reasonable judgment, skill, or safety.
17        (19) Solicitation of professional services by using
18    false or misleading advertising.
19        (20) Failure to file a tax return, or to pay the tax,
20    penalty, or interest shown in a filed return, or to pay any
21    final assessment of tax penalty, or interest, as required
22    by any tax Act administered by the Illinois Department of
23    Revenue or any successor agency or the Internal Revenue
24    Service or any successor agency.
25        (21) Irregularities in billing a third party for
26    services rendered or in reporting charges for services not

 

 

HB3395- 260 -LRB100 06973 SMS 17024 b

1    rendered.
2        (22) Being named as a perpetrator in an indicated
3    report by the Department of Children and Family Services
4    under the Abused and Neglected Child Reporting Act, and
5    upon proof by clear and convincing evidence that the
6    licensee has caused a child to be an abused child or
7    neglected child as defined in the Abused and Neglected
8    Child Reporting Act.
9        (23) Habitual or excessive use or addiction to alcohol,
10    narcotics, stimulants, or any other chemical agent or drug
11    that results in an inability to practice with reasonable
12    skill, judgment, or safety.
13        (24) Being named as a perpetrator in an indicated
14    report by the Department on Aging under the Adult
15    Protective Services Act, and upon proof by clear and
16    convincing evidence that the licensee has caused an adult
17    with disabilities or an older adult to be abused or
18    neglected as defined in the Adult Protective Services Act.
19        (25) Willfully failing to report an instance of
20    suspected abuse, neglect, financial exploitation, or
21    self-neglect of an adult with disabilities or an older
22    adult as required by the Adult Protective Services Act.
23        (26) Willful omission to file or record, or willfully
24    impeding the filing or recording, or inducing another
25    person to omit to file or record medical reports as
26    required by law or willfully failing to report an instance

 

 

HB3395- 261 -LRB100 06973 SMS 17024 b

1    of suspected child abuse or neglect as required by the
2    Abused and Neglected Child Reporting Act.
3        (27) Practicing under a false or assumed name, except
4    as provided by law.
5        (28) Willfully or negligently violating the
6    confidentiality between licensee and patient, except as
7    required by law.
8        (29) The use of any false, fraudulent, or deceptive
9    statement in any document connected with the licensee's
10    practice.
11    No consideration shall be given to convictions entered
12prior to the date of the application, where the applicant has
13completed any sentence imposed for that conviction, including
14any period of mandatory supervised release.
15    (b) The determination by a court that a licensee is subject
16to involuntary admission or judicial admission as provided in
17the Mental Health and Developmental Disabilities Code will
18result in an automatic suspension of his or her license. The
19suspension will end upon a finding by a court that the licensee
20is no longer subject to involuntary admission or judicial
21admission, the issuance of an order so finding and discharging
22the patient, and the recommendation of the Board to the
23Secretary that the licensee be allowed to resume his or her
24practice.
25    All fines imposed under this Section shall be paid within
2660 days after the effective date of the order imposing the fine

 

 

HB3395- 262 -LRB100 06973 SMS 17024 b

1or in accordance with the terms set forth in the order imposing
2the fine.
3(Source: P.A. 98-49, eff. 7-1-13; 99-230, eff. 8-3-15.)
 
4    Section 150. The Professional Counselor and Clinical
5Professional Counselor Licensing and Practice Act is amended by
6changing Section 80 as follows:
 
7    (225 ILCS 107/80)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 80. Grounds for discipline.
10    (a) The Department may refuse to issue, renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action as the Department
13deems appropriate, including the issuance of fines not to
14exceed $10,000 for each violation, with regard to any license
15for any one or more of the following:
16        (1) Material misstatement in furnishing information to
17    the Department or to any other State agency.
18        (2) Violations or negligent or intentional disregard
19    of this Act or rules adopted under this Act.
20        (3) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or by
22    sentencing of any crime, including, but not limited to,
23    convictions, preceding sentences of supervision,
24    conditional discharge, or first offender probation, under

 

 

HB3395- 263 -LRB100 06973 SMS 17024 b

1    the laws of any jurisdiction of the United States: (i) that
2    is a felony or (ii) that is a misdemeanor, an essential
3    element of which is dishonesty, or that is directly related
4    to the practice of the profession.
5        (4) Fraud or any misrepresentation in applying for or
6    procuring a license under this Act or in connection with
7    applying for renewal of a license under this Act.
8        (5) Professional incompetence or gross negligence in
9    the rendering of professional counseling or clinical
10    professional counseling services.
11        (6) Malpractice.
12        (7) Aiding or assisting another person in violating any
13    provision of this Act or any rules.
14        (8) Failing to provide information within 60 days in
15    response to a written request made by the Department.
16        (9) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public and violating the rules of
19    professional conduct adopted by the Department.
20        (10) Habitual or excessive use or abuse of drugs as
21    defined in law as controlled substances, alcohol, or any
22    other substance which results in inability to practice with
23    reasonable skill, judgment, or safety.
24        (11) Discipline by another jurisdiction, the District
25    of Columbia, territory, county, or governmental agency, if
26    at least one of the grounds for the discipline is the same

 

 

HB3395- 264 -LRB100 06973 SMS 17024 b

1    or substantially equivalent to those set forth in this
2    Section.
3        (12) Directly or indirectly giving to or receiving from
4    any person, firm, corporation, partnership, or association
5    any fee, commission, rebate or other form of compensation
6    for any professional service not actually rendered.
7    Nothing in this paragraph (12) affects any bona fide
8    independent contractor or employment arrangements among
9    health care professionals, health facilities, health care
10    providers, or other entities, except as otherwise
11    prohibited by law. Any employment arrangements may include
12    provisions for compensation, health insurance, pension, or
13    other employment benefits for the provision of services
14    within the scope of the licensee's practice under this Act.
15    Nothing in this paragraph (12) shall be construed to
16    require an employment arrangement to receive professional
17    fees for services rendered.
18        (13) A finding by the Board that the licensee, after
19    having the license placed on probationary status, has
20    violated the terms of probation.
21        (14) Abandonment of a client.
22        (15) Willfully filing false reports relating to a
23    licensee's practice, including but not limited to false
24    records filed with federal or State agencies or
25    departments.
26        (16) Willfully failing to report an instance of

 

 

HB3395- 265 -LRB100 06973 SMS 17024 b

1    suspected child abuse or neglect as required by the Abused
2    and Neglected Child Reporting Act and in matters pertaining
3    to suspected abuse, neglect, financial exploitation, or
4    self-neglect of adults with disabilities and older adults
5    as set forth in the Adult Protective Services Act.
6        (17) Being named as a perpetrator in an indicated
7    report by the Department of Children and Family Services
8    pursuant to the Abused and Neglected Child Reporting Act,
9    and upon proof by clear and convincing evidence that the
10    licensee has caused a child to be an abused child or
11    neglected child as defined in the Abused and Neglected
12    Child Reporting Act.
13        (18) Physical or mental illness or disability,
14    including, but not limited to, deterioration through the
15    aging process or loss of abilities and skills which results
16    in the inability to practice the profession with reasonable
17    judgment, skill, or safety.
18        (19) Solicitation of professional services by using
19    false or misleading advertising.
20        (20) Allowing one's license under this Act to be used
21    by an unlicensed person in violation of this Act.
22        (21) A finding that licensure has been applied for or
23    obtained by fraudulent means.
24        (22) Practicing under a false or, except as provided by
25    law, an assumed name.
26        (23) Gross and willful overcharging for professional

 

 

HB3395- 266 -LRB100 06973 SMS 17024 b

1    services including filing statements for collection of
2    fees or monies for which services are not rendered.
3        (24) Rendering professional counseling or clinical
4    professional counseling services without a license or
5    practicing outside the scope of a license.
6        (25) Clinical supervisors failing to adequately and
7    responsibly monitor supervisees.
8    No consideration shall be given to convictions entered
9prior to the date of the application, where the applicant has
10completed any sentence imposed for that conviction, including
11any period of mandatory supervised release.
12    All fines imposed under this Section shall be paid within
1360 days after the effective date of the order imposing the
14fine.
15    (b) The Department shall deny, without hearing, any
16application or renewal for a license under this Act to any
17person who has defaulted on an educational loan guaranteed by
18the Illinois Student State Assistance Commission or any
19governmental agency of this State in accordance with item (5)
20of subsection (a) of Section 2105-15 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois.
23    (b-5) The Department may refuse to issue or may suspend
24without hearing, as provided for in the Code of Civil
25Procedure, the license of any person who fails to file a
26return, pay the tax, penalty, or interest shown in a filed

 

 

HB3395- 267 -LRB100 06973 SMS 17024 b

1return, or pay any final assessment of the tax, penalty, or
2interest as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied in accordance
5with subsection (g) of Section 2105-15 of the Department of
6Professional Regulation Law of the Civil Administrative Code of
7Illinois.
8    (b-10) In cases where the Department of Healthcare and
9Family Services has previously determined a licensee or a
10potential licensee is more than 30 days delinquent in the
11payment of child support and has subsequently certified the
12delinquency to the Department, the Department may refuse to
13issue or renew or may revoke or suspend that person's license
14or may take other disciplinary action against that person based
15solely upon the certification of delinquency made by the
16Department of Healthcare and Family Services in accordance with
17item (5) of subsection (a) of Section 2105-15 of the Department
18of Professional Regulation Law of the Civil Administrative Code
19of Illinois.
20    (c) The determination by a court that a licensee is subject
21to involuntary admission or judicial admission as provided in
22the Mental Health and Developmental Disabilities Code will
23result in an automatic suspension of his or her license. The
24suspension will end upon a finding by a court that the licensee
25is no longer subject to involuntary admission or judicial
26admission, the issuance of an order so finding and discharging

 

 

HB3395- 268 -LRB100 06973 SMS 17024 b

1the patient, and the recommendation of the Board to the
2Secretary that the licensee be allowed to resume professional
3practice.
4    (c-5) In enforcing this Act, the Department, upon a showing
5of a possible violation, may compel an individual licensed to
6practice under this Act, or who has applied for licensure under
7this Act, to submit to a mental or physical examination, or
8both, as required by and at the expense of the Department. The
9Department may order the examining physician to present
10testimony concerning the mental or physical examination of the
11licensee or applicant. No information shall be excluded by
12reason of any common law or statutory privilege relating to
13communications between the licensee or applicant and the
14examining physician. The examining physicians shall be
15specifically designated by the Department. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. The examination shall be performed by a physician
19licensed to practice medicine in all its branches. Failure of
20an individual to submit to a mental or physical examination,
21when directed, shall result in an automatic suspension without
22hearing.
23    A person holding a license under this Act or who has
24applied for a license under this Act who, because of a physical
25or mental illness or disability, including, but not limited to,
26deterioration through the aging process or loss of motor skill,

 

 

HB3395- 269 -LRB100 06973 SMS 17024 b

1is unable to practice the profession with reasonable judgment,
2skill, or safety, may be required by the Department to submit
3to care, counseling, or treatment by physicians approved or
4designated by the Department as a condition, term, or
5restriction for continued, reinstated, or renewed licensure to
6practice. Submission to care, counseling, or treatment as
7required by the Department shall not be considered discipline
8of a license. If the licensee refuses to enter into a care,
9counseling, or treatment agreement or fails to abide by the
10terms of the agreement, the Department may file a complaint to
11revoke, suspend, or otherwise discipline the license of the
12individual. The Secretary may order the license suspended
13immediately, pending a hearing by the Department. Fines shall
14not be assessed in disciplinary actions involving physical or
15mental illness or impairment.
16    In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 15 days after
19the suspension and completed without appreciable delay. The
20Department shall have the authority to review the subject
21individual's record of treatment and counseling regarding the
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25    An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate to

 

 

HB3395- 270 -LRB100 06973 SMS 17024 b

1the Department that he or she can resume practice in compliance
2with acceptable and prevailing standards under the provisions
3of his or her license.
4    (d) (Blank).
5(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13; revised
610-27-16.)
 
7    Section 155. The Sex Offender Evaluation and Treatment
8Provider Act is amended by changing Section 75 as follows:
 
9    (225 ILCS 109/75)
10    Sec. 75. Refusal, revocation, or suspension.
11    (a) The Department may refuse to issue or renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or nondisciplinary action, as the Department
14considers appropriate, including the imposition of fines not to
15exceed $10,000 for each violation, with regard to any license
16or licensee for any one or more of the following:
17        (1) violations of this Act or of the rules adopted
18    under this Act;
19        (2) discipline by the Department under other state law
20    and rules which the licensee is subject to;
21        (3) conviction by plea of guilty or nolo contendere,
22    finding of guilt, jury verdict, or entry of judgment or by
23    sentencing for any crime, including, but not limited to,
24    convictions, preceding sentences of supervision,

 

 

HB3395- 271 -LRB100 06973 SMS 17024 b

1    conditional discharge, or first offender probation, under
2    the laws of any jurisdiction of the United States: (i) that
3    is a felony; or (ii) that is a misdemeanor, an essential
4    element of which is dishonesty, or that is directly related
5    to the practice of the profession;
6        (4) professional incompetence;
7        (5) advertising in a false, deceptive, or misleading
8    manner;
9        (6) aiding, abetting, assisting, procuring, advising,
10    employing, or contracting with any unlicensed person to
11    provide sex offender evaluation or treatment services
12    contrary to any rules or provisions of this Act;
13        (7) engaging in immoral conduct in the commission of
14    any act, such as sexual abuse, sexual misconduct, or sexual
15    exploitation, related to the licensee's practice;
16        (8) engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public;
19        (9) practicing or offering to practice beyond the scope
20    permitted by law or accepting and performing professional
21    responsibilities which the licensee knows or has reason to
22    know that he or she is not competent to perform;
23        (10) knowingly delegating professional
24    responsibilities to a person unqualified by training,
25    experience, or licensure to perform;
26        (11) failing to provide information in response to a

 

 

HB3395- 272 -LRB100 06973 SMS 17024 b

1    written request made by the Department within 60 days;
2        (12) having a habitual or excessive use of or addiction
3    to alcohol, narcotics, stimulants, or any other chemical
4    agent or drug which results in the inability to practice
5    with reasonable judgment, skill, or safety;
6        (13) having a pattern of practice or other behavior
7    that demonstrates incapacity or incompetence to practice
8    under this Act;
9        (14) discipline by another state, District of
10    Columbia, territory, or foreign nation, if at least one of
11    the grounds for the discipline is the same or substantially
12    equivalent to those set forth in this Section;
13        (15) a finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status, has violated the terms of probation;
16        (16) willfully making or filing false records or
17    reports in his or her practice, including, but not limited
18    to, false records filed with State agencies or departments;
19        (17) making a material misstatement in furnishing
20    information to the Department or otherwise making
21    misleading, deceptive, untrue, or fraudulent
22    representations in violation of this Act or otherwise in
23    the practice of the profession;
24        (18) fraud or misrepresentation in applying for or
25    procuring a license under this Act or in connection with
26    applying for renewal of a license under this Act;

 

 

HB3395- 273 -LRB100 06973 SMS 17024 b

1        (19) inability to practice the profession with
2    reasonable judgment, skill, or safety as a result of
3    physical illness, including, but not limited to,
4    deterioration through the aging process, loss of motor
5    skill, or a mental illness or disability;
6        (20) charging for professional services not rendered,
7    including filing false statements for the collection of
8    fees for which services are not rendered; or
9        (21) practicing under a false or, except as provided by
10    law, an assumed name.
11    No consideration shall be given to convictions entered
12prior to the date of the application, where the applicant has
13completed any sentence imposed for that conviction, including
14any period of mandatory supervised release.
15    All fines shall be paid within 60 days of the effective
16date of the order imposing the fine.
17    (b) The Department may refuse to issue or may suspend the
18license of any person who fails to file a tax return, to pay
19the tax, penalty, or interest shown in a filed tax return, or
20to pay any final assessment of tax, penalty, or interest, as
21required by any tax Act administered by the Illinois Department
22of Revenue, until such time as the requirements of the tax Act
23are satisfied in accordance with subsection (g) of Section
242105-15 of the Civil Administrative Code of Illinois.
25    (c) The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an

 

 

HB3395- 274 -LRB100 06973 SMS 17024 b

1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with item (5) of subsection
4(a) of Section 2105-15 of the Civil Administrative Code of
5Illinois.
6    (d) In cases where the Department of Healthcare and Family
7Services has previously determined that a licensee or a
8potential licensee is more than 30 days delinquent in the
9payment of child support and has subsequently certified the
10delinquency to the Department, the Department may refuse to
11issue or renew or may revoke or suspend that person's license
12or may take other disciplinary action against that person based
13solely upon the certification of delinquency made by the
14Department of Healthcare and Family Services in accordance with
15item (5) of subsection (a) of Section 2105-15 of the Civil
16Administrative Code of Illinois.
17    (e) The determination by a circuit court that a licensee is
18subject to involuntary admission or judicial admission, as
19provided in the Mental Health and Developmental Disabilities
20Code, operates as an automatic suspension. The suspension will
21end only upon a finding by a court that the patient is no
22longer subject to involuntary admission or judicial admission
23and the issuance of a court order so finding and discharging
24the patient.
25    (f) In enforcing this Act, the Department or Board, upon a
26showing of a possible violation, may compel an individual

 

 

HB3395- 275 -LRB100 06973 SMS 17024 b

1licensed to practice under this Act, or who has applied for
2licensure under this Act, to submit to a mental or physical
3examination, or both, as required by and at the expense of the
4Department. The Department or Board may order the examining
5physician to present testimony concerning the mental or
6physical examination of the licensee or applicant. No
7information shall be excluded by reason of any common law or
8statutory privilege relating to communications between the
9licensee or applicant and the examining physician. The
10examining physician shall be specifically designated by the
11Board or Department. The individual to be examined may have, at
12his or her own expense, another physician of his or her choice
13present during all aspects of this examination. The examination
14shall be performed by a physician licensed to practice medicine
15in all its branches. Failure of an individual to submit to a
16mental or physical examination, when directed, shall result in
17an automatic suspension without hearing.
18    A person holding a license under this Act or who has
19applied for a license under this Act who, because of a physical
20or mental illness or disability, including, but not limited to,
21deterioration through the aging process or loss of motor skill,
22is unable to practice the profession with reasonable judgment,
23skill, or safety, may be required by the Department to submit
24to care, counseling, or treatment by physicians approved or
25designated by the Department as a condition, term, or
26restriction for continued, reinstated, or renewed licensure to

 

 

HB3395- 276 -LRB100 06973 SMS 17024 b

1practice. Submission to care, counseling, or treatment as
2required by the Department shall not be considered discipline
3of a license. If the licensee refuses to enter into a care,
4counseling, or treatment agreement or fails to abide by the
5terms of the agreement, the Department may file a complaint to
6revoke, suspend, or otherwise discipline the license of the
7individual. The Secretary may order the license suspended
8immediately, pending a hearing by the Department. Fines shall
9not be assessed in disciplinary actions involving physical or
10mental illness or impairment.
11    In instances in which the Secretary immediately suspends a
12person's license under this Section, a hearing on that person's
13license must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department and Board shall have the authority to review the
16subject individual's record of treatment and counseling
17regarding the impairment to the extent permitted by applicable
18federal statutes and regulations safeguarding the
19confidentiality of medical records.
20    An individual licensed under this Act and subject to action
21under this Section shall be afforded an opportunity to
22demonstrate to the Department or Board that he or she can
23resume practice in compliance with acceptable and prevailing
24standards under the provisions of his or her license.
25(Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)
 

 

 

HB3395- 277 -LRB100 06973 SMS 17024 b

1    Section 160. The Illinois Speech-Language Pathology and
2Audiology Practice Act is amended by changing Section 16 as
3follows:
 
4    (225 ILCS 110/16)  (from Ch. 111, par. 7916)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 16. Refusal, revocation or suspension of licenses.
7    (1) The Department may refuse to issue or renew, or may
8revoke, suspend, place on probation, censure, reprimand or take
9other disciplinary or non-disciplinary action as the
10Department may deem proper, including fines not to exceed
11$10,000 for each violation, with regard to any license for any
12one or combination of the following causes:
13        (a) Fraud in procuring the license.
14        (b) (Blank).
15        (c) Willful or repeated violations of the rules of the
16    Department of Public Health.
17        (d) Division of fees or agreeing to split or divide the
18    fees received for speech-language pathology or audiology
19    services with any person for referring an individual, or
20    assisting in the care or treatment of an individual,
21    without the knowledge of the individual or his or her legal
22    representative. Nothing in this paragraph (d) affects any
23    bona fide independent contractor or employment
24    arrangements among health care professionals, health
25    facilities, health care providers, or other entities,

 

 

HB3395- 278 -LRB100 06973 SMS 17024 b

1    except as otherwise prohibited by law. Any employment
2    arrangements may include provisions for compensation,
3    health insurance, pension, or other employment benefits
4    for the provision of services within the scope of the
5    licensee's practice under this Act. Nothing in this
6    paragraph (d) shall be construed to require an employment
7    arrangement to receive professional fees for services
8    rendered.
9        (e) Employing, procuring, inducing, aiding or abetting
10    a person not licensed as a speech-language pathologist or
11    audiologist to engage in the unauthorized practice of
12    speech-language pathology or audiology.
13        (e-5) Employing, procuring, inducing, aiding, or
14    abetting a person not licensed as a speech-language
15    pathology assistant to perform the functions and duties of
16    a speech-language pathology assistant.
17        (f) Making any misrepresentations or false promises,
18    directly or indirectly, to influence, persuade or induce
19    patronage.
20        (g) Professional connection or association with, or
21    lending his or her name to another for the illegal practice
22    of speech-language pathology or audiology by another, or
23    professional connection or association with any person,
24    firm or corporation holding itself out in any manner
25    contrary to this Act.
26        (h) Obtaining or seeking to obtain checks, money, or

 

 

HB3395- 279 -LRB100 06973 SMS 17024 b

1    any other things of value by false or fraudulent
2    representations, including but not limited to, engaging in
3    such fraudulent practice to defraud the medical assistance
4    program of the Department of Healthcare and Family Services
5    (formerly Department of Public Aid).
6        (i) Practicing under a name other than his or her own.
7        (j) Improper, unprofessional or dishonorable conduct
8    of a character likely to deceive, defraud or harm the
9    public.
10        (k) Conviction of or entry of a plea of guilty or nolo
11    contendere to any crime that is a felony under the laws of
12    the United States or any state or territory thereof, or
13    that is a misdemeanor of which an essential element is
14    dishonesty, or that is directly related to the practice of
15    the profession.
16        (1) Permitting a person under his or her supervision to
17    perform any function not authorized by this Act.
18        (m) A violation of any provision of this Act or rules
19    promulgated thereunder.
20        (n) Discipline by another state, the District of
21    Columbia, territory, or foreign nation of a license to
22    practice speech-language pathology or audiology or a
23    license to practice as a speech-language pathology
24    assistant in its jurisdiction if at least one of the
25    grounds for that discipline is the same as or the
26    equivalent of one of the grounds for discipline set forth

 

 

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1    herein.
2        (o) Willfully failing to report an instance of
3    suspected child abuse or neglect as required by the Abused
4    and Neglected Child Reporting Act.
5        (p) Gross or repeated malpractice.
6        (q) Willfully making or filing false records or reports
7    in his or her practice as a speech-language pathologist,
8    speech-language pathology assistant, or audiologist,
9    including, but not limited to, false records to support
10    claims against the public assistance program of the
11    Department of Healthcare and Family Services (formerly
12    Illinois Department of Public Aid).
13        (r) Professional incompetence as manifested by poor
14    standards of care or mental incompetence as declared by a
15    court of competent jurisdiction.
16        (s) Repeated irregularities in billing a third party
17    for services rendered to an individual. For purposes of
18    this Section, "irregularities in billing" shall include:
19            (i) reporting excessive charges for the purpose of
20        obtaining a total payment in excess of that usually
21        received by the speech-language pathologist,
22        speech-language pathology assistant, or audiologist
23        for the services rendered;
24            (ii) reporting charges for services not rendered;
25        or
26            (iii) incorrectly reporting services rendered for

 

 

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1        the purpose of obtaining payment not earned.
2        (t) (Blank).
3        (u) Violation of the Health Care Worker Self-Referral
4    Act.
5        (v) Inability to practice with reasonable judgment,
6    skill, or safety as a result of habitual or excessive use
7    of or addiction to alcohol, narcotics, or stimulants or any
8    other chemical agent or drug or as a result of physical
9    illness, including, but not limited to, deterioration
10    through the aging process or loss of motor skill, mental
11    illness, or disability.
12        (w) Violation of the Hearing Instrument Consumer
13    Protection Act.
14        (x) Failure by a speech-language pathology assistant
15    and supervising speech-language pathologist to comply with
16    the supervision requirements set forth in Section 8.8.
17        (y) Wilfully exceeding the scope of duties customarily
18    undertaken by speech-language pathology assistants set
19    forth in Section 8.7 that results in, or may result in,
20    harm to the public.
21    No consideration shall be given to convictions entered
22prior to the date of the application, where the applicant has
23completed any sentence imposed for that conviction, including
24any period of mandatory supervised release.
25    (2) The Department shall deny a license or renewal
26authorized by this Act to any person who has defaulted on an

 

 

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1educational loan guaranteed by the Illinois State Scholarship
2Commission; however, the Department may issue a license or
3renewal if the aforementioned persons have established a
4satisfactory repayment record as determined by the Illinois
5State Scholarship Commission.
6    (3) The entry of an order by a circuit court establishing
7that any person holding a license under this Act is subject to
8involuntary admission or judicial admission as provided for in
9the Mental Health and Developmental Disabilities Code,
10operates as an automatic suspension of that license. That
11person may have his or her license restored only upon the
12determination by a circuit court that the patient is no longer
13subject to involuntary admission or judicial admission and the
14issuance of an order so finding and discharging the patient,
15and upon the Board's recommendation to the Department that the
16license be restored. Where the circumstances so indicate, the
17Board may recommend to the Department that it require an
18examination prior to restoring any license automatically
19suspended under this subsection.
20    (4) The Department may refuse to issue or may suspend the
21license of any person who fails to file a return, or to pay the
22tax, penalty, or interest shown in a filed return, or to pay
23any final assessment of the tax penalty or interest, as
24required by any tax Act administered by the Department of
25Revenue, until such time as the requirements of any such tax
26Act are satisfied.

 

 

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1    (5) In enforcing this Section, the Board upon a showing of
2a possible violation may compel an individual licensed to
3practice under this Act, or who has applied for licensure
4pursuant to this Act, to submit to a mental or physical
5examination, or both, as required by and at the expense of the
6Department. The examining physicians or clinical psychologists
7shall be those specifically designated by the Board. The
8individual to be examined may have, at his or her own expense,
9another physician or clinical psychologist of his or her choice
10present during all aspects of this examination. Failure of any
11individual to submit to a mental or physical examination, when
12directed, shall be grounds for suspension of his or her license
13until the individual submits to the examination if the Board
14finds, after notice and hearing, that the refusal to submit to
15the examination was without reasonable cause.
16    If the Board finds an individual unable to practice because
17of the reasons set forth in this Section, the Board may require
18that individual to submit to care, counseling, or treatment by
19physicians or clinical psychologists approved or designated by
20the Board, as a condition, term, or restriction for continued,
21reinstated, or renewed licensure to practice; or, in lieu of
22care, counseling, or treatment, the Board may recommend to the
23Department to file a complaint to immediately suspend, revoke,
24or otherwise discipline the license of the individual. Any
25individual whose license was granted, continued, reinstated,
26renewed, disciplined or supervised subject to such terms,

 

 

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1conditions, or restrictions, and who fails to comply with such
2terms, conditions, or restrictions, shall be referred to the
3Secretary for a determination as to whether the individual
4shall have his or her license suspended immediately, pending a
5hearing 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 15 days after the
9suspension and completed without appreciable delay. The Board
10shall have the authority to review the subject individual's
11record of treatment and counseling regarding the impairment to
12the extent permitted by applicable federal statutes and
13regulations safeguarding the confidentiality of medical
14records.
15    An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Board 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. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07;
2196-1482, eff. 11-29-10.)
 
22    Section 165. The Veterinary Medicine and Surgery Practice
23Act of 2004 is amended by changing Section 25 as follows:
 
24    (225 ILCS 115/25)  (from Ch. 111, par. 7025)

 

 

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1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 25. Disciplinary actions.
3    1. The Department may refuse to issue or renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action as the Department may
6deem appropriate, including imposing fines not to exceed
7$10,000 for each violation and the assessment of costs as
8provided for in Section 25.3 of this Act, with regard to any
9license or certificate for any one or combination of the
10following:
11        A. Material misstatement in furnishing information to
12    the Department.
13        B. Violations of this Act, or of the rules adopted
14    pursuant to this Act.
15        C. Conviction by plea of guilty or nolo contendere,
16    finding of guilt, jury verdict, or entry of judgment or by
17    sentencing of any crime, including, but not limited to,
18    convictions, preceding sentences of supervision,
19    conditional discharge, or first offender probation, under
20    the laws of any jurisdiction of the United States that is
21    (i) a felony or (ii) a misdemeanor, an essential element of
22    which is dishonesty, or that is directly related to the
23    practice of the profession.
24        D. Fraud or any misrepresentation in applying for or
25    procuring a license under this Act or in connection with
26    applying for renewal of a license under this Act.

 

 

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1        E. Professional incompetence.
2        F. Malpractice.
3        G. Aiding or assisting another person in violating any
4    provision of this Act or rules.
5        H. Failing, within 60 days, to provide information in
6    response to a written request made by the Department.
7        I. Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public.
10        J. Habitual or excessive use or abuse of drugs defined
11    in law as controlled substances, alcohol, or any other
12    substance that results in the inability to practice with
13    reasonable judgment, skill, or safety.
14        K. Discipline by another state, unit of government,
15    government agency, District of Columbia, territory, or
16    foreign nation, if at least one of the grounds for the
17    discipline is the same or substantially equivalent to those
18    set forth herein.
19        L. Charging for professional services not rendered,
20    including filing false statements for the collection of
21    fees for which services are not rendered.
22        M. A finding by the Board that the licensee or
23    certificate holder, after having his license or
24    certificate placed on probationary status, has violated
25    the terms of probation.
26        N. Willfully making or filing false records or reports

 

 

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1    in his practice, including but not limited to false records
2    filed with State agencies or departments.
3        O. Physical illness, including but not limited to,
4    deterioration through the aging process, or loss of motor
5    skill which results in the inability to practice under this
6    Act with reasonable judgment, skill, or safety.
7        P. Solicitation of professional services other than
8    permitted advertising.
9        Q. Allowing one's license under this Act to be used by
10    an unlicensed person in violation of this Act.
11        R. Conviction of or cash compromise of a charge or
12    violation of the Harrison Act or the Illinois Controlled
13    Substances Act, regulating narcotics.
14        S. Fraud or dishonesty in applying, treating, or
15    reporting on tuberculin or other biological tests.
16        T. Failing to report, as required by law, or making
17    false report of any contagious or infectious diseases.
18        U. Fraudulent use or misuse of any health certificate,
19    shipping certificate, brand inspection certificate, or
20    other blank forms used in practice that might lead to the
21    dissemination of disease or the transportation of diseased
22    animals dead or alive; or dilatory methods, willful
23    neglect, or misrepresentation in the inspection of milk,
24    meat, poultry, and the by-products thereof.
25        V. Conviction on a charge of cruelty to animals.
26        W. Failure to keep one's premises and all equipment

 

 

HB3395- 288 -LRB100 06973 SMS 17024 b

1    therein in a clean and sanitary condition.
2        X. Failure to provide satisfactory proof of having
3    participated in approved continuing education programs.
4        Y. Mental illness or disability that results in the
5    inability to practice under this Act with reasonable
6    judgment, skill, or safety.
7        Z. Conviction by any court of competent jurisdiction,
8    either within or outside this State, of any violation of
9    any law governing the practice of veterinary medicine, if
10    the Department determines, after investigation, that the
11    person has not been sufficiently rehabilitated to warrant
12    the public trust.
13        AA. Promotion of the sale of drugs, devices,
14    appliances, or goods provided for a patient in any manner
15    to exploit the client for financial gain of the
16    veterinarian.
17        BB. Gross, willful, or continued overcharging for
18    professional services.
19        CC. Practicing under a false or, except as provided by
20    law, an assumed name.
21        DD. Violating state or federal laws or regulations
22    relating to controlled substances or legend drugs.
23        EE. Cheating on or attempting to subvert the licensing
24    examination administered under this Act.
25        FF. Using, prescribing, or selling a prescription drug
26    or the extra-label use of a prescription drug by any means

 

 

HB3395- 289 -LRB100 06973 SMS 17024 b

1    in the absence of a valid veterinarian-client-patient
2    relationship.
3        GG. Failing to report a case of suspected aggravated
4    cruelty, torture, or animal fighting pursuant to Section
5    3.07 or 4.01 of the Humane Care for Animals Act or Section
6    26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
7    Code of 2012.
8    No consideration shall be given to convictions entered
9prior to the date of the application, where the applicant has
10completed any sentence imposed for that conviction, including
11any period of mandatory supervised release.
12    All fines imposed under this Section shall be paid within
1360 days after the effective date of the order imposing the fine
14or in accordance with the terms set forth in the order imposing
15the fine.
16    2. The determination by a circuit court that a licensee or
17certificate holder is subject to involuntary admission or
18judicial admission as provided in the Mental Health and
19Developmental Disabilities Code operates as an automatic
20suspension. The suspension will end only upon a finding by a
21court that the patient is no longer subject to involuntary
22admission or judicial admission and issues an order so finding
23and discharging the patient. In any case where a license is
24suspended under this provision, the licensee shall file a
25petition for restoration and shall include evidence acceptable
26to the Department that the licensee can resume practice in

 

 

HB3395- 290 -LRB100 06973 SMS 17024 b

1compliance with acceptable and prevailing standards of his or
2her profession.
3    3. All proceedings to suspend, revoke, place on
4probationary status, or take any other disciplinary action as
5the Department may deem proper, with regard to a license or
6certificate on any of the foregoing grounds, must be commenced
7within 5 years after receipt by the Department of a complaint
8alleging the commission of or notice of the conviction order
9for any of the acts described in this Section. Except for
10proceedings brought for violations of items (CC), (DD), or
11(EE), no action shall be commenced more than 5 years after the
12date of the incident or act alleged to have violated this
13Section. In the event of the settlement of any claim or cause
14of action in favor of the claimant or the reduction to final
15judgment of any civil action in favor of the plaintiff, the
16claim, cause of action, or civil action being grounded on the
17allegation that a person licensed or certified under this Act
18was negligent in providing care, the Department shall have an
19additional period of one year from the date of the settlement
20or final judgment in which to investigate and begin formal
21disciplinary proceedings under Section 25.2 of this Act, except
22as otherwise provided by law. The time during which the holder
23of the license or certificate was outside the State of Illinois
24shall not be included within any period of time limiting the
25commencement of disciplinary action by the Department.
26    4. The Department may refuse to issue or may suspend

 

 

HB3395- 291 -LRB100 06973 SMS 17024 b

1without hearing, as provided for in the Illinois Code of Civil
2Procedure, the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (g) of Section 2105-15 of the Civil
9Administrative Code of Illinois.
10    5. In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual who
12is registered under this Act or any individual who has applied
13for registration to submit to a mental or physical examination
14or evaluation, or both, which may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation.
20The multidisciplinary team shall be led by a physician licensed
21to practice medicine in all of its branches and may consist of
22one or more or a combination of physicians licensed to practice
23medicine in all of its branches, licensed chiropractic
24physicians, licensed clinical psychologists, licensed clinical
25social workers, licensed clinical professional counselors, and
26other professional and administrative staff. Any examining

 

 

HB3395- 292 -LRB100 06973 SMS 17024 b

1physician or member of the multidisciplinary team may require
2any person ordered to submit to an examination and evaluation
3pursuant to this Section to submit to any additional
4supplemental testing deemed necessary to complete any
5examination or evaluation process, including, but not limited
6to, blood testing, urinalysis, psychological testing, or
7neuropsychological testing.
8    The Department may order the examining physician or any
9member of the multidisciplinary team to provide to the
10Department any and all records, including business records,
11that relate to the examination and evaluation, including any
12supplemental testing performed. The Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this examination and
15evaluation of the registrant or applicant, including testimony
16concerning any supplemental testing or documents relating to
17the examination and evaluation. No information, report,
18record, or other documents in any way related to the
19examination and evaluation shall be excluded by reason of any
20common law or statutory privilege relating to communication
21between the licensee or applicant and the examining physician
22or any member of the multidisciplinary team. No authorization
23is necessary from the registrant or applicant ordered to
24undergo an evaluation and examination for the examining
25physician or any member of the multidisciplinary team to
26provide information, reports, records, or other documents or to

 

 

HB3395- 293 -LRB100 06973 SMS 17024 b

1provide any testimony regarding the examination and
2evaluation. The individual to be examined may have, at his or
3her own expense, another physician of his or her choice present
4during all aspects of the examination.
5    Failure of any individual to submit to mental or physical
6examination or evaluation, or both, when directed, shall result
7in an automatic suspension without hearing, until such time as
8the individual submits to the examination. If the Department
9finds a registrant unable to practice because of the reasons
10set forth in this Section, the Department shall require such
11registrant to submit to care, counseling, or treatment by
12physicians approved or designated by the Department as a
13condition for continued, reinstated, or renewed registration.
14    In instances in which the Secretary immediately suspends a
15registration under this Section, a hearing upon such person's
16registration must be convened by the Department within 15 days
17after such suspension and completed without appreciable delay.
18The Department shall have the authority to review the
19registrant's record of treatment and counseling regarding the
20impairment to the extent permitted by applicable federal
21statutes and regulations safeguarding the confidentiality of
22medical records.
23    Individuals registered under this Act who are affected
24under this Section, shall be afforded an opportunity to
25demonstrate to the Department that they can resume practice in
26compliance with acceptable and prevailing standards under the

 

 

HB3395- 294 -LRB100 06973 SMS 17024 b

1provisions of their registration.
2    6. The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with paragraph (5) of
7subsection (a) of Section 2105-15 of the Civil Administrative
8Code of Illinois.
9    7. In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with paragraph (5)
18of subsection (a) of Section 2105-15 of the Civil
19Administrative Code of Illinois.
20(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
 
21    Section 170. The Wholesale Drug Distribution Licensing Act
22is amended by changing Section 55 as follows:
 
23    (225 ILCS 120/55)  (from Ch. 111, par. 8301-55)
24    (Section scheduled to be repealed on January 1, 2023)

 

 

HB3395- 295 -LRB100 06973 SMS 17024 b

1    Sec. 55. Discipline; grounds.
2    (a) The Department may refuse to issue, restore, or renew,
3or may revoke, suspend, place on probation, reprimand or take
4other disciplinary or non-disciplinary action as the
5Department may deem appropriate, including imposing fines not
6to exceed $10,000 for each violation, with regard to any
7applicant or licensee or any officer, director, manager, or
8shareholder who owns 5% or more interest in the business that
9holds the license for any one or a combination of the following
10reasons:
11        (1) Violation of this Act or of the rules adopted under
12    this Act.
13        (2) Aiding or assisting another person in violating any
14    provision of this Act or the rules adopted under this Act.
15        (3) Failing, within 60 days, to provide information in
16    response to a written requirement made by the Department.
17        (4) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public. This includes violations of
20    "good faith" as defined by the Illinois Controlled
21    Substances Act and applies to all prescription drugs.
22        (5) Discipline by another U.S. jurisdiction or foreign
23    nation, if at least one of the grounds for the discipline
24    is the same or substantially equivalent to those set forth
25    in this Act.
26        (6) Selling or engaging in the sale of drug samples

 

 

HB3395- 296 -LRB100 06973 SMS 17024 b

1    provided at no cost by drug manufacturers.
2        (7) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States that is
8    (i) a felony or (ii) a misdemeanor, an essential element of
9    which is dishonesty or that is directly related to the
10    practice of this profession.
11        (8) Habitual or excessive use or addiction to alcohol,
12    narcotics, stimulants, or any other chemical agent or drug
13    by the designated representative, as provided for in item
14    (7) of subsection (b) of Section 25 of this Act, any
15    officer, or director that results in the inability to
16    function with reasonable judgment, skill, or safety.
17        (9) Material misstatement in furnishing information to
18    the Department.
19        (10) A finding by the Department that the licensee,
20    after having his or her license placed on probationary
21    status, has violated the terms of probation.
22        (11) Fraud or misrepresentation in applying for, or
23    procuring, a license under this Act or in connection with
24    applying for renewal of a license under this Act.
25        (12) Willfully making or filing false records or
26    reports.

 

 

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1        (13) A finding of a substantial discrepancy in a
2    Department audit of a prescription drug, including a
3    controlled substance as that term is defined in this Act or
4    in the Illinois Controlled Substances Act.
5        (14) Falsifying a pedigree or selling, distributing,
6    transferring, manufacturing, repackaging, handling, or
7    holding a counterfeit prescription drug intended for human
8    use.
9        (15) Interfering with a Department investigation.
10        (16) Failing to adequately secure controlled
11    substances or other prescription drugs from diversion.
12        (17) Acquiring or distributing prescription drugs not
13    obtained from a source licensed by the Department.
14        (18) Failing to properly store drugs.
15        (19) Failing to maintain the licensed premises with
16    proper storage and security controls.
17    No consideration shall be given to convictions entered
18prior to the date of the application, where the applicant has
19completed any sentence imposed for that conviction, including
20any period of mandatory supervised release.
21    (b) The Department may refuse to issue or may suspend the
22license or registration of any person who fails to file a
23return, or to pay the tax, penalty or interest shown in a filed
24return, or to pay any final assessment of tax, penalty or
25interest, as required by any tax Act administered by the
26Illinois Department of Revenue, until the time the requirements

 

 

HB3395- 298 -LRB100 06973 SMS 17024 b

1of the tax Act are satisfied.
2    (c) The Department shall revoke the license or certificate
3of registration issued under this Act or any prior Act of this
4State of any person who has been convicted a second time of
5committing any felony under the Illinois Controlled Substances
6Act or the Methamphetamine Control and Community Protection Act
7or who has been convicted a second time of committing a Class 1
8felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
9Code. A person whose license or certificate of registration
10issued under this Act or any prior Act of this State is revoked
11under this subsection (c) shall be prohibited from engaging in
12the practice of pharmacy in this State.
13(Source: P.A. 97-804, eff. 1-1-13; 97-813, eff. 7-13-12;
1498-463, eff. 8-16-13.)
 
15    Section 175. The Perfusionist Practice Act is amended by
16changing Section 105 as follows:
 
17    (225 ILCS 125/105)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 105. Disciplinary actions.
20    (a) The Department may refuse to issue, renew, or restore a
21license, or may revoke or suspend a license, or may place on
22probation, reprimand, or take other disciplinary or
23non-disciplinary action with regard to a person licensed under
24this Act, including but not limited to the imposition of fines

 

 

HB3395- 299 -LRB100 06973 SMS 17024 b

1not to exceed $10,000 for each violation, for one or any
2combination of the following causes:
3        (1) Making a material misstatement in furnishing
4    information to the Department.
5        (2) Violation of this Act or any rule promulgated under
6    this Act.
7        (3) Conviction of, or entry of a plea of guilty or nolo
8    contendere to, any crime that is a felony under the laws of
9    the United States or any state or territory thereof, or any
10    crime that is a misdemeanor of which an essential element
11    is dishonesty, or any crime that is directly related to the
12    practice as a perfusionist.
13        (4) Making a misrepresentation for the purpose of
14    obtaining, renewing, or restoring a license.
15        (5) Aiding or assisting another person in violating a
16    provision of this Act or its rules.
17        (6) Failing to provide information within 60 days in
18    response to a written request made by the Department.
19        (7) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public, as defined by rule of the
22    Department.
23        (8) Discipline by another state, the District of
24    Columbia, or territory, or a foreign nation, if at least
25    one of the grounds for discipline is the same or
26    substantially equivalent to those set forth in this

 

 

HB3395- 300 -LRB100 06973 SMS 17024 b

1    Section.
2        (9) Directly or indirectly giving to or receiving from
3    a person, firm, corporation, partnership, or association a
4    fee, commission, rebate, or other form of compensation for
5    professional services not actually or personally rendered.
6    Nothing in this paragraph (9) affects any bona fide
7    independent contractor or employment arrangements among
8    health care professionals, health facilities, health care
9    providers, or other entities, except as otherwise
10    prohibited by law. Any employment arrangements may include
11    provisions for compensation, health insurance, pension, or
12    other employment benefits for the provision of services
13    within the scope of the licensee's practice under this Act.
14    Nothing in this paragraph (9) shall be construed to require
15    an employment arrangement to receive professional fees for
16    services rendered.
17        (10) A finding by the Board that the licensee, after
18    having his or her license placed on probationary status,
19    has violated the terms of probation.
20        (11) Wilfully making or filing false records or reports
21    in his or her practice, including but not limited to false
22    records or reports filed with State agencies or
23    departments.
24        (12) Wilfully making or signing a false statement,
25    certificate, or affidavit to induce payment.
26        (13) Wilfully failing to report an instance of

 

 

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1    suspected child abuse or neglect as required under the
2    Abused and Neglected Child Reporting Act.
3        (14) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act and upon
6    proof by clear and convincing evidence that the licensee
7    has caused a child to be an abused child or neglected child
8    as defined in the Abused and Neglected Child Reporting Act.
9        (15) Employment of fraud, deception, or any unlawful
10    means in applying for or securing a license as a
11    perfusionist.
12        (16) Allowing another person to use his or her license
13    to practice.
14        (17) Failure to report to the Department (A) any
15    adverse final action taken against the licensee by another
16    licensing jurisdiction, government agency, law enforcement
17    agency, or any court or (B) liability for conduct that
18    would constitute grounds for action as set forth in this
19    Section.
20        (18) Inability to practice the profession with
21    reasonable judgment, skill or safety as a result of a
22    physical illness, including but not limited to
23    deterioration through the aging process or loss of motor
24    skill, or a mental illness or disability.
25        (19) Inability to practice the profession for which he
26    or she is licensed with reasonable judgment, skill, or

 

 

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1    safety as a result of habitual or excessive use or
2    addiction to alcohol, narcotics, stimulants, or any other
3    chemical agent or drug.
4        (20) Gross malpractice.
5        (21) Immoral conduct in the commission of an act
6    related to the licensee's practice, including but not
7    limited to sexual abuse, sexual misconduct, or sexual
8    exploitation.
9        (22) Violation of the Health Care Worker Self-Referral
10    Act.
11        (23) Solicitation of business or professional
12    services, other than permitted advertising.
13        (24) Conviction of or cash compromise of a charge or
14    violation of the Illinois Controlled Substances Act.
15        (25) Gross, willful, or continued overcharging for
16    professional services, including filing false statements
17    for collection of fees for which services are not rendered.
18        (26) Practicing under a false name or, except as
19    allowed by law, an assumed name.
20        (27) Violating any provision of this Act or the rules
21    promulgated under this Act, including, but not limited to,
22    advertising.
23    No consideration shall be given to convictions entered
24prior to the date of the application, where the applicant has
25completed any sentence imposed for that conviction, including
26any period of mandatory supervised release.

 

 

HB3395- 303 -LRB100 06973 SMS 17024 b

1    (b) A licensee or applicant who, because of a physical or
2mental illness or disability, including, but not limited to,
3deterioration through the aging process or loss of motor skill,
4is unable to practice the profession with reasonable judgment,
5skill, or safety, may be required by the Department to submit
6to care, counseling or treatment by physicians approved or
7designated by the Department, as a condition, term, or
8restriction for continued, reinstated, or renewed licensure to
9practice. Submission to care, counseling or treatment as
10required by the Department shall not be considered discipline
11of the licensee. If the licensee refuses to enter into a care,
12counseling or treatment agreement or fails to abide by the
13terms of the agreement the Department may file a complaint to
14suspend or revoke the license or otherwise discipline the
15licensee. The Secretary may order the license suspended
16immediately, pending a hearing by the Department. Fines shall
17not be assessed in the disciplinary actions involving physical
18or mental illness or impairment.
19    (b-5) The Department may refuse to issue or may suspend,
20without a hearing as provided for in the Civil Administrative
21Code of Illinois, the license of a person who fails to file a
22return, to pay the tax, penalty, or interest shown in a filed
23return, or to pay any final assessment of tax, penalty, or
24interest as required by any tax Act administered by the
25Department of Revenue, until such time as the requirements of
26the tax Act are satisfied in accordance with subsection (g) of

 

 

HB3395- 304 -LRB100 06973 SMS 17024 b

1Section 2105-15 of the Department of Professional Regulation
2Law of the Civil Administrative Code of Illinois (20 ILCS
32105/2105-15).
4    (c) The determination by a circuit court that a licensee is
5subject to involuntary admission or judicial admission as
6provided in the Mental Health and Developmental Disabilities
7Code, as amended, operates as an automatic suspension. The
8suspension will end only upon a finding by a court that the
9licensee is no longer subject to the involuntary admission or
10judicial admission and issues an order so finding and
11discharging the licensee; and upon the recommendation of the
12Board to the Secretary that the licensee be allowed to resume
13his or her practice.
14    (d) In enforcing this Section, the Department or Board,
15upon a showing of a possible violation, may order a licensee or
16applicant to submit to a mental or physical examination, or
17both, at the expense of the Department. The Department or Board
18may order the examining physician to present testimony
19concerning his or her examination of the licensee or applicant.
20No information shall be excluded by reason of any common law or
21statutory privilege relating to communications between the
22licensee or applicant and the examining physician. The
23examining physicians shall be specifically designated by the
24Board or Department. The licensee or applicant may have, at his
25or her own expense, another physician of his or her choice
26present during all aspects of the examination. Failure of a

 

 

HB3395- 305 -LRB100 06973 SMS 17024 b

1licensee or applicant to submit to any such examination when
2directed, without reasonable cause as defined by rule, shall be
3grounds for either the immediate suspension of his or her
4license or immediate denial of his or her application.
5    If the Secretary immediately suspends the license of a
6licensee for his or her failure to submit to a mental or
7physical examination when directed, a hearing must be convened
8by the Department within 15 days after the suspension and
9completed without appreciable delay.
10    If the Secretary otherwise suspends a license pursuant to
11the results of the licensee's mental or physical examination, a
12hearing must be convened by the Department within 15 days after
13the suspension and completed without appreciable delay. The
14Department and Board shall have the authority to review the
15licensee's record of treatment and counseling regarding the
16relevant impairment or impairments to the extent permitted by
17applicable federal statutes and regulations safeguarding the
18confidentiality of medical records.
19    Any licensee suspended or otherwise affected under this
20subsection (d) shall be afforded an opportunity to demonstrate
21to the Department or Board that he or she can resume practice
22in compliance with the acceptable and prevailing standards
23under the provisions of his or her license.
24(Source: P.A. 98-756, eff. 7-16-14.)
 
25    Section 180. The Registered Surgical Assistant and

 

 

HB3395- 306 -LRB100 06973 SMS 17024 b

1Registered Surgical Technologist Title Protection Act is
2amended by changing Section 75 as follows:
 
3    (225 ILCS 130/75)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 75. Grounds for disciplinary action.
6    (a) The Department may refuse to issue, renew, or restore a
7registration, may revoke or suspend a registration, or may
8place on probation, reprimand, or take other disciplinary or
9non-disciplinary action with regard to a person registered
10under this Act, including but not limited to the imposition of
11fines not to exceed $10,000 for each violation and the
12assessment of costs as provided for in Section 90, for any one
13or combination of the following causes:
14        (1) Making a material misstatement in furnishing
15    information to the Department.
16        (2) Violating a provision of this Act or rules adopted
17    under this Act.
18        (3) Conviction by plea of guilty or nolo contendere,
19    finding of guilt, jury verdict, or entry of judgment or by
20    sentencing of any crime, including, but not limited to,
21    convictions, preceding sentences of supervision,
22    conditional discharge, or first offender probation, under
23    the laws of any jurisdiction of the United States that is
24    (i) a felony or (ii) a misdemeanor, an essential element of
25    which is dishonesty, or that is directly related to the

 

 

HB3395- 307 -LRB100 06973 SMS 17024 b

1    practice of the profession.
2        (4) Fraud or misrepresentation in applying for,
3    renewing, restoring, reinstating, or procuring a
4    registration under this Act.
5        (5) Aiding or assisting another person in violating a
6    provision of this Act or its rules.
7        (6) Failing to provide information within 60 days in
8    response to a written request made by the Department.
9        (7) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public, as defined by rule of the
12    Department.
13        (8) Discipline by another United States jurisdiction,
14    governmental agency, unit of government, or foreign
15    nation, if at least one of the grounds for discipline is
16    the same or substantially equivalent to those set forth in
17    this Section.
18        (9) Directly or indirectly giving to or receiving from
19    a person, firm, corporation, partnership, or association a
20    fee, commission, rebate, or other form of compensation for
21    professional services not actually or personally rendered.
22    Nothing in this paragraph (9) affects any bona fide
23    independent contractor or employment arrangements among
24    health care professionals, health facilities, health care
25    providers, or other entities, except as otherwise
26    prohibited by law. Any employment arrangements may include

 

 

HB3395- 308 -LRB100 06973 SMS 17024 b

1    provisions for compensation, health insurance, pension, or
2    other employment benefits for the provision of services
3    within the scope of the registrant's practice under this
4    Act. Nothing in this paragraph (9) shall be construed to
5    require an employment arrangement to receive professional
6    fees for services rendered.
7        (10) A finding by the Department that the registrant,
8    after having his or her registration placed on probationary
9    status, has violated the terms of probation.
10        (11) Willfully making or filing false records or
11    reports in his or her practice, including but not limited
12    to false records or reports filed with State agencies.
13        (12) Willfully making or signing a false statement,
14    certificate, or affidavit to induce payment.
15        (13) Willfully failing to report an instance of
16    suspected child abuse or neglect as required under the
17    Abused and Neglected Child Reporting Act.
18        (14) Being named as a perpetrator in an indicated
19    report by the Department of Children and Family Services
20    under the Abused and Neglected Child Reporting Act and upon
21    proof by clear and convincing evidence that the registrant
22    has caused a child to be an abused child or neglected child
23    as defined in the Abused and Neglected Child Reporting Act.
24        (15) (Blank).
25        (16) Failure to report to the Department (A) any
26    adverse final action taken against the registrant by

 

 

HB3395- 309 -LRB100 06973 SMS 17024 b

1    another registering or licensing jurisdiction, government
2    agency, law enforcement agency, or any court or (B)
3    liability for conduct that would constitute grounds for
4    action as set forth in this Section.
5        (17) Habitual or excessive use or abuse of drugs
6    defined in law as controlled substances, alcohol, or any
7    other substance that results in the inability to practice
8    with reasonable judgment, skill, or safety.
9        (18) Physical or mental illness, including but not
10    limited to deterioration through the aging process or loss
11    of motor skills, which results in the inability to practice
12    the profession for which he or she is registered with
13    reasonable judgment, skill, or safety.
14        (19) Gross malpractice.
15        (20) Immoral conduct in the commission of an act
16    related to the registrant's practice, including but not
17    limited to sexual abuse, sexual misconduct, or sexual
18    exploitation.
19        (21) Violation of the Health Care Worker Self-Referral
20    Act.
21    No consideration shall be given to convictions entered
22prior to the date of the application, where the applicant has
23completed any sentence imposed for that conviction, including
24any period of mandatory supervised release.
25    (b) The Department may refuse to issue or may suspend
26without hearing the registration of a person who fails to file

 

 

HB3395- 310 -LRB100 06973 SMS 17024 b

1a return, to pay the tax, penalty, or interest shown in a filed
2return, or to pay a final assessment of the tax, penalty, or
3interest as required by a tax Act administered by the
4Department of Revenue, until the requirements of the tax Act
5are satisfied in accordance with subsection (g) of Section
62105-15 of the Department of Regulation Law of the Civil
7Administrative Code of Illinois.
8    (c) The determination by a circuit court that a registrant
9is subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code operates as an automatic suspension. The suspension will
12end only upon (1) a finding by a court that the patient is no
13longer subject to involuntary admission or judicial admission,
14(2) issuance of an order so finding and discharging the
15patient, and (3) filing of a petition for restoration
16demonstrating fitness to practice.
17    (d) The Department shall deny a registration or renewal
18authorized by this Act to a person who has defaulted on an
19educational loan or scholarship provided or guaranteed by the
20Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with paragraph (5) of
22subsection (a) of Section 2105-15 of the Department of
23Regulation Law of the Civil Administrative Code of Illinois.
24    (e) In cases where the Department of Healthcare and Family
25Services has previously determined a registrant or a potential
26registrant is more than 30 days delinquent in the payment of

 

 

HB3395- 311 -LRB100 06973 SMS 17024 b

1child support and has subsequently certified the delinquency to
2the Department, the Department may refuse to issue or renew or
3may revoke or suspend that person's registration or may take
4other disciplinary action against that person based solely upon
5the certification of delinquency made by the Department of
6Healthcare and Family Services in accordance with paragraph (5)
7of subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10    (f) In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual
12registered under this Act or any individual who has applied for
13registration to submit to a mental or physical examination and
14evaluation, or both, that may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation, or
20both. The multidisciplinary team shall be led by a physician
21licensed to practice medicine in all of its branches and may
22consist of one or more or a combination of physicians licensed
23to practice medicine in all of its branches, licensed
24chiropractic physicians, licensed clinical psychologists,
25licensed clinical social workers, licensed clinical
26professional counselors, and other professional and

 

 

HB3395- 312 -LRB100 06973 SMS 17024 b

1administrative staff. Any examining physician or member of the
2multidisciplinary team may require any person ordered to submit
3to an examination and evaluation pursuant to this Section to
4submit to any additional supplemental testing deemed necessary
5to complete any examination or evaluation process, including,
6but not limited to, blood testing, urinalysis, psychological
7testing, or neuropsychological testing.
8    The Department may order the examining physician or any
9member of the multidisciplinary team to provide to the
10Department any and all records, including business records,
11that relate to the examination and evaluation, including any
12supplemental testing performed. The Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this examination and
15evaluation of the registrant or applicant, including testimony
16concerning any supplemental testing or documents relating to
17the examination and evaluation. No information, report,
18record, or other documents in any way related to the
19examination and evaluation shall be excluded by reason of any
20common law or statutory privilege relating to communication
21between the registrant or applicant and the examining physician
22or any member of the multidisciplinary team. No authorization
23is necessary from the registrant or applicant ordered to
24undergo an evaluation and examination for the examining
25physician or any member of the multidisciplinary team to
26provide information, reports, records, or other documents or to

 

 

HB3395- 313 -LRB100 06973 SMS 17024 b

1provide any testimony regarding the examination and
2evaluation. The individual to be examined may have, at his or
3her own expense, another physician of his or her choice present
4during all aspects of the examination.
5    Failure of any individual to submit to mental or physical
6examination and evaluation, or both, when directed, shall
7result in an automatic suspension without a hearing until such
8time as the individual submits to the examination. If the
9Department finds a registrant unable to practice because of the
10reasons set forth in this Section, the Department shall require
11such registrant to submit to care, counseling, or treatment by
12physicians approved or designated by the Department as a
13condition for continued, reinstated, or renewed registration.
14    When the Secretary immediately suspends a registration
15under this Section, a hearing upon such person's registration
16must be convened by the Department within 15 days after such
17suspension and completed without appreciable delay. The
18Department shall have the authority to review the registrant's
19record of treatment and counseling regarding the impairment to
20the extent permitted by applicable federal statutes and
21regulations safeguarding the confidentiality of medical
22records.
23    Individuals registered under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department that they can resume practice in compliance with
26acceptable and prevailing standards under the provisions of

 

 

HB3395- 314 -LRB100 06973 SMS 17024 b

1their registration.
2    (g) All fines imposed under this Section shall be paid
3within 60 days after the effective date of the order imposing
4the fine or in accordance with the terms set forth in the order
5imposing the fine.
6(Source: P.A. 98-364, eff. 12-31-13.)
 
7    Section 185. The Genetic Counselor Licensing Act is amended
8by changing Section 95 as follows:
 
9    (225 ILCS 135/95)
10    (Section scheduled to be repealed on January 1, 2025)
11    Sec. 95. Grounds for discipline.
12    (a) The Department may refuse to issue, renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action as the Department
15deems appropriate, including the issuance of fines not to
16exceed $10,000 for each violation, with regard to any license
17for any one or more of the following:
18        (1) Material misstatement in furnishing information to
19    the Department or to any other State agency.
20        (2) Violations or negligent or intentional disregard
21    of this Act, or any of its rules.
22        (3) Conviction by plea of guilty or nolo contendere,
23    finding of guilt, jury verdict, or entry of judgment or
24    sentencing, including, but not limited to, convictions,

 

 

HB3395- 315 -LRB100 06973 SMS 17024 b

1    preceding sentences of supervision, conditional discharge,
2    or first offender probation, under the laws of any
3    jurisdiction of the United States: (i) that is a felony or
4    (ii) that is a misdemeanor, an essential element of which
5    is dishonesty, or that is directly related to the practice
6    of genetic counseling.
7        (4) Making any misrepresentation for the purpose of
8    obtaining a license, or violating any provision of this Act
9    or its rules.
10        (5) Negligence in the rendering of genetic counseling
11    services.
12        (6) Failure to provide genetic testing results and any
13    requested information to a referring physician licensed to
14    practice medicine in all its branches, advanced practice
15    nurse, or physician assistant.
16        (7) Aiding or assisting another person in violating any
17    provision of this Act or any rules.
18        (8) Failing to provide information within 60 days in
19    response to a written request made by the Department.
20        (9) Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public and violating the rules of
23    professional conduct adopted by the Department.
24        (10) Failing to maintain the confidentiality of any
25    information received from a client, unless otherwise
26    authorized or required by law.

 

 

HB3395- 316 -LRB100 06973 SMS 17024 b

1        (10.5) Failure to maintain client records of services
2    provided and provide copies to clients upon request.
3        (11) Exploiting a client for personal advantage,
4    profit, or interest.
5        (12) Habitual or excessive use or addiction to alcohol,
6    narcotics, stimulants, or any other chemical agent or drug
7    which results in inability to practice with reasonable
8    skill, judgment, or safety.
9        (13) Discipline by another governmental agency or unit
10    of government, by any jurisdiction of the United States, or
11    by a foreign nation, if at least one of the grounds for the
12    discipline is the same or substantially equivalent to those
13    set forth in this Section.
14        (14) Directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership, or association
16    any fee, commission, rebate, or other form of compensation
17    for any professional service not actually rendered.
18    Nothing in this paragraph (14) affects any bona fide
19    independent contractor or employment arrangements among
20    health care professionals, health facilities, health care
21    providers, or other entities, except as otherwise
22    prohibited by law. Any employment arrangements may include
23    provisions for compensation, health insurance, pension, or
24    other employment benefits for the provision of services
25    within the scope of the licensee's practice under this Act.
26    Nothing in this paragraph (14) shall be construed to

 

 

HB3395- 317 -LRB100 06973 SMS 17024 b

1    require an employment arrangement to receive professional
2    fees for services rendered.
3        (15) A finding by the Department that the licensee,
4    after having the license placed on probationary status has
5    violated the terms of probation.
6        (16) Failing to refer a client to other health care
7    professionals when the licensee is unable or unwilling to
8    adequately support or serve the client.
9        (17) Willfully filing false reports relating to a
10    licensee's practice, including but not limited to false
11    records filed with federal or State agencies or
12    departments.
13        (18) Willfully failing to report an instance of
14    suspected child abuse or neglect as required by the Abused
15    and Neglected Child Reporting Act.
16        (19) Being named as a perpetrator in an indicated
17    report by the Department of Children and Family Services
18    pursuant to the Abused and Neglected Child Reporting Act,
19    and upon proof by clear and convincing evidence that the
20    licensee has caused a child to be an abused child or
21    neglected child as defined in the Abused and Neglected
22    Child Reporting Act.
23        (20) Physical or mental disability, including
24    deterioration through the aging process or loss of
25    abilities and skills which results in the inability to
26    practice the profession with reasonable judgment, skill,

 

 

HB3395- 318 -LRB100 06973 SMS 17024 b

1    or safety.
2        (21) Solicitation of professional services by using
3    false or misleading advertising.
4        (22) Failure to file a return, or to pay the tax,
5    penalty of interest shown in a filed return, or to pay any
6    final assessment of tax, penalty or interest, as required
7    by any tax Act administered by the Illinois Department of
8    Revenue or any successor agency or the Internal Revenue
9    Service or any successor agency.
10        (23) Fraud or making any misrepresentation in applying
11    for or procuring a license under this Act or in connection
12    with applying for renewal of a license under this Act.
13        (24) Practicing or attempting to practice under a name
14    other than the full name as shown on the license or any
15    other legally authorized name.
16        (25) Gross overcharging for professional services,
17    including filing statements for collection of fees or
18    monies for which services are not rendered.
19        (26) (Blank).
20        (27) Charging for professional services not rendered,
21    including filing false statements for the collection of
22    fees for which services are not rendered.
23        (28) Allowing one's license under this Act to be used
24    by an unlicensed person in violation of this Act.
25    No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

 

 

HB3395- 319 -LRB100 06973 SMS 17024 b

1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3    (b) The Department shall deny, without hearing, any
4application or renewal for a license under this Act to any
5person who has defaulted on an educational loan guaranteed by
6the Illinois Student State Assistance Commission; however, the
7Department may issue a license or renewal if the person in
8default has established a satisfactory repayment record as
9determined by the Illinois Student Assistance Commission.
10    (c) The determination by a court that a licensee is subject
11to involuntary admission or judicial admission as provided in
12the Mental Health and Developmental Disabilities Code will
13result in an automatic suspension of his or her license. The
14suspension will end upon a finding by a court that the licensee
15is no longer subject to involuntary admission or judicial
16admission, the issuance of an order so finding and discharging
17the patient, and the determination of the Secretary that the
18licensee be allowed to resume professional practice.
19    (d) The Department may refuse to issue or renew or may
20suspend without hearing the license of any person who fails to
21file a return, to pay the tax penalty or interest shown in a
22filed return, or to pay any final assessment of the tax,
23penalty, or interest as required by any Act regarding the
24payment of taxes administered by the Illinois Department of
25Revenue until the requirements of the Act are satisfied in
26accordance with subsection (g) of Section 2105-15 of the Civil

 

 

HB3395- 320 -LRB100 06973 SMS 17024 b

1Administrative Code of Illinois.
2    (e) In cases where the Department of Healthcare and Family
3Services has previously determined that a licensee or a
4potential licensee is more than 30 days delinquent in the
5payment of child support and has subsequently certified the
6delinquency to the Department, the Department may refuse to
7issue or renew or may revoke or suspend that person's license
8or may take other disciplinary action against that person based
9solely upon the certification of delinquency made by the
10Department of Healthcare and Family Services in accordance with
11item (5) of subsection (a) of Section 2105-15 of the Department
12of Professional Regulation Law of the Civil Administrative Code
13of Illinois.
14    (f) All fines or costs imposed under this Section shall be
15paid within 60 days after the effective date of the order
16imposing the fine or costs or in accordance with the terms set
17forth in the order imposing the fine.
18(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;
1999-633, eff. 1-1-17; revised 10-27-16.)
 
20    Section 190. The Pyrotechnic Distributor and Operator
21Licensing Act is amended by changing Sections 35 as follows:
 
22    (225 ILCS 227/35)
23    Sec. 35. Licensure requirements and fees.
24    (a) Each application for a license to practice under this

 

 

HB3395- 321 -LRB100 06973 SMS 17024 b

1Act shall be in writing and signed by the applicant on forms
2provided by the Office.
3    (b) After January 1, 2006, all pyrotechnic displays and
4pyrotechnic services, both indoor and outdoor, must comply with
5the requirements set forth in this Act.
6    (c) After January 1, 2006, no person may engage in
7pyrotechnic distribution without first applying for and
8obtaining a license from the Office. Applicants for a license
9must submit to the Office the following:
10        (1) A current BATFE license for the type of pyrotechnic
11    service or pyrotechnic display provided.
12        (2) Proof of $1,000,000 in product liability
13    insurance.
14        (3) Proof of $1,000,000 in general liability insurance
15    that covers the pyrotechnic display or pyrotechnic service
16    provided.
17        (4) Proof of Illinois Workers' Compensation Insurance.
18        (5) A license fee set by the Office.
19        (6) Proof of a current United States Department of
20    Transportation (DOT) Identification Number.
21        (7) Proof of a current USDOT Hazardous Materials
22    Registration Number.
23        (8) Proof of having the requisite knowledge, either
24    through training, examination, or continuing education, as
25    established by Office rule.
26    (c-3) After January 1, 2010, no production company may

 

 

HB3395- 322 -LRB100 06973 SMS 17024 b

1provide pyrotechnic displays or pyrotechnic services as part of
2any production without either (i) obtaining a production
3company license from the Office under which all pyrotechnic
4displays and pyrotechnic services are performed by a licensed
5lead pyrotechnic operator or (ii) hiring a pyrotechnic
6distributor licensed in accordance with this Act to perform the
7pyrotechnic displays or pyrotechnic services. Applicants for a
8production company license must submit to the Office the
9following:
10        (1) Proof of $2,000,000 in commercial general
11    liability insurance that covers any damage or injury
12    resulting from the pyrotechnic displays or pyrotechnic
13    services provided.
14        (2) Proof of Illinois Worker's Compensation insurance.
15        (3) A license fee set by the Office.
16        (4) Proof of a current USDOT Identification Number,
17    unless:
18            (A) proof of such is provided by the lead
19        pyrotechnic operator employed by the production
20        company or insured as an additional named insured on
21        the production company's general liability insurance,
22        as required under paragraph (1) of this subsection; or
23            (B) the production company certifies under penalty
24        of perjury that it engages only in flame effects or
25        never transports materials in quantities that require
26        registration with USDOT, or both.

 

 

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1        (5) Proof of a current USDOT Hazardous Materials
2    Registration Number, unless:
3            (A) proof of such is provided by the lead
4        pyrotechnic operator employed by the production
5        company or insured as an additional named insured on
6        the production company's general liability insurance,
7        as required under paragraph (1) of this subsection; or
8            (B) the production company certifies under penalty
9        of perjury that it engages only in flame effects or
10        never transports materials in quantities that require
11        registration with USDOT, or both.
12        (6) Identification of the licensed lead pyrotechnic
13    operator employed by the production company or insured as
14    an additional named insured on the production company's
15    general liability insurance, as required under paragraph
16    (1) of this subsection.
17    The insurer shall not cancel the insured's coverage or
18remove any additional named insured or additional insured from
19the policy coverage without notifying the Office in writing at
20least 15 days before cancellation.
21    (c-5) After January 1, 2006, no individual may act as a
22lead operator in a pyrotechnic display without first applying
23for and obtaining a lead pyrotechnic operator's license from
24the Office. The Office shall establish separate licenses for
25lead pyrotechnic operators for indoor and outdoor pyrotechnic
26displays. Applicants for a license must:

 

 

HB3395- 324 -LRB100 06973 SMS 17024 b

1        (1) Pay the fees set by the Office.
2        (2) Have the requisite training or continuing
3    education as established in the Office's rules.
4        (3) (Blank).
5    (d) A person is qualified to receive a license under this
6Act if the person meets all of the following minimum
7requirements:
8        (1) Is at least 21 years of age.
9        (2) Has not willfully violated any provisions of this
10    Act.
11        (3) Has not made any material misstatement or knowingly
12    withheld information in connection with any original or
13    renewal application.
14        (4) Has not been declared incompetent by any competent
15    court by reasons of mental or physical defect or disease
16    unless a court has since declared the person competent.
17        (5) Does not have an addiction to or dependency on
18    alcohol or drugs that is likely to endanger the public at a
19    pyrotechnic display.
20        (6) (Blank). Has not been convicted in any jurisdiction
21    of any felony within the prior 5 years.
22        (7) Is not a fugitive from justice.
23        (8) Has, or has applied for, a BATFE explosives license
24    or a Letter of Clearance from the BATFE.
25        (9) If a lead pyrotechnic operator is employed by a
26    political subdivision of the State or by a licensed

 

 

HB3395- 325 -LRB100 06973 SMS 17024 b

1    production company or is insured as an additional named
2    insured on the production company's general liability
3    insurance, as required under paragraph (1) of subsection
4    (c-3) of this Section, he or she shall have a BATFE license
5    for the pyrotechnic services or pyrotechnic display
6    provided.
7        (10) If a production company has not provided proof of
8    a current USDOT Identification Number and a current USDOT
9    Hazardous Materials Registration Number, as required by
10    paragraphs (5) and (6) of subsection (c-3) of this Section,
11    then the lead pyrotechnic operator employed by the
12    production company or insured as an additional named
13    insured on the production company's general liability
14    insurance, as required under paragraph (1) of subsection
15    (c-3) of this Section, shall provide such proof to the
16    Office.
17    No consideration shall be given to convictions entered
18prior to the date of the application, where the applicant has
19completed any sentence imposed for that conviction, including
20any period of mandatory supervised release.
21    (e) A person is qualified to assist a lead pyrotechnic
22operator if the person meets all of the following minimum
23requirements:
24        (1) Is at least 18 years of age.
25        (2) Has not willfully violated any provision of this
26    Act.

 

 

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1        (3) Has not been declared incompetent by any competent
2    court by reasons of mental or physical defect or disease
3    unless a court has since declared the person competent.
4        (4) Does not have an addiction to or dependency on
5    alcohol or drugs that is likely to endanger the public at a
6    pyrotechnic display.
7        (5) Has not been convicted in any jurisdiction of any
8    felony within the prior 5 years.
9        (6) Is not a fugitive from justice.
10        (7) Is employed as an employee of the licensed
11    pyrotechnic distributor or the licensed production
12    company, or insured as an additional named insured on the
13    pyrotechnic distributor's product liability and general
14    liability insurance, as required under paragraphs (2) and
15    (3) of subsection (c) of this Section, or insured as an
16    additional named insured on the production company's
17    general liability insurance, as required under paragraph
18    (1) of subsection (c-3) of this Section.
19        (8) Has been registered with the Office by the licensed
20    distributor or the licensed production company on a form
21    provided by the Office prior to the time when the assistant
22    begins work on the pyrotechnic display or pyrotechnic
23    service.
24(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
 
25    Section 195. The Solid Waste Site Operator Certification

 

 

HB3395- 327 -LRB100 06973 SMS 17024 b

1Law is amended by changing Section 1005 as follows:
 
2    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
3    Sec. 1005. Agency authority. The Agency is authorized to
4exercise the following functions, powers and duties with
5respect to solid waste site operator certification:
6    (a) To conduct examinations to ascertain the
7qualifications of applicants for certificates of competency as
8solid waste site operators;
9    (b) To conduct courses of training on the practical aspects
10of the design, operation and maintenance of sanitary landfills;
11    (c) To issue a certificate to any applicant who has
12satisfactorily met all the requirements pertaining to a
13certificate of competency as a solid waste site operator;
14    (d) To suspend, revoke or refuse to issue any certificate
15for any one or any combination of the following causes:
16        (1) The practice of any fraud or deceit in obtaining or
17    attempting to obtain a certificate of competency;
18        (2) Negligence or misconduct in the operation of a
19    sanitary landfill;
20        (3) Repeated failure to comply with any of the
21    requirements applicable to the operation of a sanitary
22    landfill, except for Board requirements applicable to the
23    collection of litter;
24        (4) Repeated violations of federal, State or local
25    laws, regulations, standards, or ordinances regarding the

 

 

HB3395- 328 -LRB100 06973 SMS 17024 b

1    operation of refuse disposal facilities or sites;
2        (5) Conviction in this or another State of any crime
3    which is a felony under the laws of this State or
4    conviction of a felony in a federal court;
5        (6) Proof of gross carelessness or incompetence in
6    handling, storing, processing, transporting, or disposing
7    of any hazardous waste; or
8        (7) Being declared to be a person under a legal
9    disability by a court of competent jurisdiction and not
10    thereafter having been lawfully declared to be a person not
11    under legal disability or to have recovered.
12    No consideration shall be given to convictions entered
13prior to the date of the application, where the applicant has
14completed any sentence imposed for that conviction, including
15any period of mandatory supervised release.
16    (e) To adopt rules necessary to perform its functions,
17powers, and duties with respect to solid waste site operator
18certifications.
19(Source: P.A. 86-1363.)
 
20    Section 200. The Illinois Architecture Practice Act of 1989
21is amended by changing Section 22 as follows:
 
22    (225 ILCS 305/22)  (from Ch. 111, par. 1322)
23    (Section scheduled to be repealed on January 1, 2020)
24    Sec. 22. Refusal, suspension and revocation of licenses;

 

 

HB3395- 329 -LRB100 06973 SMS 17024 b

1causes.
2    (a) The Department may, singularly or in combination,
3refuse to issue, renew or restore, or may suspend, revoke,
4place on probation, or take other disciplinary or
5non-disciplinary action as deemed appropriate, including, but
6not limited to, the imposition of fines not to exceed $10,000
7for each violation, as the Department may deem proper, with
8regard to a license for any one or combination of the following
9causes:
10        (1) material misstatement in furnishing information to
11    the Department;
12        (2) negligence, incompetence or misconduct in the
13    practice of architecture;
14        (3) failure to comply with any of the provisions of
15    this Act or any of the rules;
16        (4) making any misrepresentation for the purpose of
17    obtaining licensure;
18        (5) purposefully making false statements or signing
19    false statements, certificates or affidavits to induce
20    payment;
21        (6) conviction of or plea of guilty or nolo contendere
22    to any crime that is a felony under the laws of the United
23    States or any state or territory thereof or that is a
24    misdemeanor, an essential element of which is dishonesty,
25    or any crime that is directly related to the practice of
26    the profession of architecture;

 

 

HB3395- 330 -LRB100 06973 SMS 17024 b

1        (7) aiding or assisting another person in violating any
2    provision of this Act or its rules;
3        (8) signing, affixing the architect's seal or
4    permitting the architect's seal to be affixed to any
5    technical submission not prepared by the architect or under
6    that architect's responsible control;
7        (9) engaging in dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public;
10        (10) habitual or excessive use or addiction to alcohol,
11    narcotics, stimulants, or any other chemical agent or drug
12    that results in the inability to practice with reasonable
13    judgment, skill, or safety;
14        (11) making a statement of compliance pursuant to the
15    Environmental Barriers Act that technical submissions
16    prepared by the architect or prepared under the architect's
17    responsible control for construction or alteration of an
18    occupancy required to be in compliance with the
19    Environmental Barriers Act are in compliance with the
20    Environmental Barriers Act when such technical submissions
21    are not in compliance;
22        (12) a finding by the Board that an applicant or
23    registrant has failed to pay a fine imposed by the
24    Department or a registrant, whose license has been placed
25    on probationary status, has violated the terms of
26    probation;

 

 

HB3395- 331 -LRB100 06973 SMS 17024 b

1        (13) discipline by another state, territory, foreign
2    country, the District of Columbia, the United States
3    government, or any other governmental agency, if at least
4    one of the grounds for discipline is the same or
5    substantially equivalent to those set forth herein;
6        (14) failure to provide information in response to a
7    written request made by the Department within 30 days after
8    the receipt of such written request;
9        (15) physical illness, including, but not limited to,
10    deterioration through the aging process or loss of motor
11    skill, mental illness, or disability which results in the
12    inability to practice the profession with reasonable
13    judgment, skill, and safety, including without limitation
14    deterioration through the aging process, mental illness,
15    or disability.
16    No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20    (a-5) In enforcing this Section, the Department or Board,
21upon a showing of a possible violation, may order a licensee or
22applicant to submit to a mental or physical examination, or
23both, at the expense of the Department. The Department or Board
24may order the examining physician to present testimony
25concerning his or her examination of the licensee or applicant.
26No information shall be excluded by reason of any common law or

 

 

HB3395- 332 -LRB100 06973 SMS 17024 b

1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3examining physicians shall be specifically designated by the
4Board or Department. The licensee or applicant may have, at his
5or her own expense, another physician of his or her choice
6present during all aspects of the examination. Failure of a
7licensee or applicant to submit to any such examination when
8directed, without reasonable cause as defined by rule, shall be
9grounds for either the immediate suspension of his or her
10license or immediate denial of his or her application.
11    If the Secretary immediately suspends the license of a
12licensee for his or her failure to submit to a mental or
13physical examination when directed, a hearing must be convened
14by the Department within 15 days after the suspension and
15completed without appreciable delay.
16    If the Secretary otherwise suspends a license pursuant to
17the results of the licensee's mental or physical examination, a
18hearing must be convened by the Department within 15 days after
19the suspension and completed without appreciable delay. The
20Department and Board shall have the authority to review the
21licensee's record of treatment and counseling regarding the
22relevant impairment or impairments to the extent permitted by
23applicable federal statutes and regulations safeguarding the
24confidentiality of medical records.
25    Any licensee suspended under this subsection (a-5) shall be
26afforded an opportunity to demonstrate to the Department or

 

 

HB3395- 333 -LRB100 06973 SMS 17024 b

1Board that he or she can resume practice in compliance with the
2acceptable and prevailing standards under the provisions of his
3or her license.
4    (b) The determination by a circuit court that a licensee is
5subject to involuntary admission or judicial admission, as
6provided in the Mental Health and Developmental Disabilities
7Code, operates as an automatic suspension. Such suspension will
8end only upon a finding by a court that the patient is no
9longer subject to involuntary admission or judicial admission,
10the issuance of an order so finding and discharging the
11patient, and the recommendation of the Board to the Secretary
12that the licensee be allowed to resume practice.
13    (c) The Department shall deny a license or renewal
14authorized by this Act to a person who has defaulted on an
15educational loan or scholarship provided or guaranteed by the
16Illinois Student Assistance Commission or any governmental
17agency of this State in accordance with subdivision (a)(5) of
18Section 2105-15 of the Department of Professional Regulation
19Law of the Civil Administrative Code of Illinois.
20    (d) In cases where the Department of Healthcare and Family
21Services (formerly the Department of Public Aid) has previously
22determined that a licensee or a potential licensee is more than
2330 days delinquent in the payment of child support and has
24subsequently certified the delinquency to the Department, the
25Department shall refuse to issue or renew or shall revoke or
26suspend that person's license or shall take other disciplinary

 

 

HB3395- 334 -LRB100 06973 SMS 17024 b

1action against that person based solely upon the certification
2of delinquency made by the Department of Healthcare and Family
3Services in accordance with subdivision (a)(5) of Section
42105-15 of the Department of Professional Regulation Law of the
5Civil Administrative Code of Illinois.
6    (e) The Department shall deny a license or renewal
7authorized by this Act to a person who has failed to file a
8return, to pay the tax, penalty, or interest shown in a filed
9return, or to pay any final assessment of tax, penalty, or
10interest as required by any tax Act administered by the
11Department of Revenue, until such time as the requirements of
12the tax Act are satisfied in accordance with subsection (g) of
13Section 2105-15 of the Department of Professional Regulation
14Law of the Civil Administrative Code of Illinois.
15    (f) Persons who assist the Department as consultants or
16expert witnesses in the investigation or prosecution of alleged
17violations of the Act, licensure matters, restoration
18proceedings, or criminal prosecutions, shall not be liable for
19damages in any civil action or proceeding as a result of such
20assistance, except upon proof of actual malice. The attorney
21general shall defend such persons in any such action or
22proceeding.
23(Source: P.A. 98-756, eff. 7-16-14.)
 
24    Section 205. The Interior Design Title Act is amended by
25changing Section 13 as follows:
 

 

 

HB3395- 335 -LRB100 06973 SMS 17024 b

1    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 13. Refusal, revocation or suspension of
4registration. The Department may refuse to issue, renew, or
5restore or may revoke, suspend, place on probation, reprimand
6or take other disciplinary action as the Department may deem
7proper, including fines not to exceed $5,000 for each
8violation, with regard to any registration for any one or
9combination of the following causes:
10        (a) Fraud in procuring the certificate of
11    registration.
12        (b) Habitual intoxication or addiction to the use of
13    drugs.
14        (c) Making any misrepresentations or false promises,
15    directly or indirectly, to influence, persuade, or induce
16    patronage.
17        (d) Professional connection or association with, or
18    lending his or her name, to another for illegal use of the
19    title "registered interior designer", or professional
20    connection or association with any person, firm, or
21    corporation holding itself out in any manner contrary to
22    this Act.
23        (e) Obtaining or seeking to obtain checks, money, or
24    any other items of value by false or fraudulent
25    representations.

 

 

HB3395- 336 -LRB100 06973 SMS 17024 b

1        (f) Use of the title under a name other than his or her
2    own.
3        (g) Improper, unprofessional, or dishonorable conduct
4    of a character likely to deceive, defraud, or harm the
5    public.
6        (h) Conviction in this or another state, or federal
7    court, of any crime which is a felony, if the Department
8    determines, after investigation, that such person has not
9    been sufficiently rehabilitated to warrant the public
10    trust.
11        (i) A violation of any provision of this Act or its
12    rules.
13        (j) Revocation by another state, the District of
14    Columbia, territory, or foreign nation of an interior
15    design or residential interior design registration if at
16    least one of the grounds for that revocation is the same as
17    or the equivalent of one of the grounds for revocation set
18    forth in this Act.
19        (k) Mental incompetence as declared by a court of
20    competent jurisdiction.
21        (l) Being named as a perpetrator in an indicated report
22    by the Department of Children and Family Services pursuant
23    to the Abused and Neglected Child Reporting Act, and upon
24    proof by clear and convincing evidence that the registrant
25    has caused a child to be an abused child or neglected child
26    as defined in the Abused and Neglected Child Reporting Act.

 

 

HB3395- 337 -LRB100 06973 SMS 17024 b

1    No consideration shall be given to convictions entered
2prior to the date of the application, where the applicant has
3completed any sentence imposed for that conviction, including
4any period of mandatory supervised release.
5    The Department shall deny a registration or renewal
6authorized by this Act to any person who has defaulted on an
7educational loan guaranteed by the Illinois Student Assistance
8Commission; however, the Department may issue a certificate of
9registration or renewal if such person has established a
10satisfactory repayment record as determined by the Illinois
11Student Assistance Commission.
12    The Department may refuse to issue or may suspend the
13registration of any person who fails to file a return, or to
14pay the tax, penalty, or interest showing in a filed return, or
15to pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Illinois Department
17of Revenue, until such time as the requirements of any such tax
18Act are satisfied.
19    The entry of a decree by any circuit court establishing
20that any person holding a certificate of registration under
21this Act is a person subject to involuntary admission under the
22Mental Health and Developmental Disabilities Code shall
23operate as a suspension of that registration. That person may
24resume using the title "registered interior designer" only upon
25a finding by the Board that he or she has been determined to be
26no longer subject to involuntary admission by the court and

 

 

HB3395- 338 -LRB100 06973 SMS 17024 b

1upon the Board's recommendation to the Director that he or she
2be permitted to resume using the title "registered interior
3designer".
4(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
5    Section 210. The Illinois Landscape Architecture Act of
61989 is amended by changing Section 18.1 as follows:
 
7    (225 ILCS 315/18.1)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 18.1. Grounds for Discipline.
10    (a) The Department may refuse to issue or to renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action as deemed appropriate
13including the impositions of fines not to exceed $10,000 for
14each violation, as the Department may deem proper with regard
15to any license for any one or combination of the following:
16        (1) Material misstatement in furnishing information to
17    the Department or to any other State agency.
18        (2) Negligent or intentional disregard of this Act, or
19    violation of any rules under this Act.
20        (3) Conviction of or plea of guilty or nolo contendere
21    to any crime under the laws of the United States or any
22    state or territory thereof that is a felony, or that is a
23    misdemeanor, an essential element of which is dishonesty,
24    or of any crime that is directly related to the practice of

 

 

HB3395- 339 -LRB100 06973 SMS 17024 b

1    the profession.
2        (4) Making any misrepresentation for the purpose of
3    obtaining a license, or violating any provision of this Act
4    or its rules.
5        (5) Professional incompetence or gross negligence in
6    the rendering of landscape architectural services.
7        (6) Aiding or assisting another person in violating any
8    provision of this Act or any rules.
9        (7) Failing to provide information within 60 days in
10    response to a written request made by the Department.
11        (8) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public and violating the rules of
14    professional conduct adopted by the Department.
15        (9) Habitual or excessive use or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug
17    that results in an inability to practice with reasonable
18    skill, judgment, or safety.
19        (10) Discipline by another jurisdiction, if at least
20    one of the grounds for the discipline is the same or
21    substantially equivalent to those set forth in this
22    Section.
23        (11) Directly or indirectly giving to or receiving from
24    any person, firm, corporation, partnership, or association
25    any fee, commission, rebate, or other form of compensation
26    for any professional service not actually rendered.

 

 

HB3395- 340 -LRB100 06973 SMS 17024 b

1        (12) A finding by the Board that the licensee, after
2    having the license placed on probationary status, has
3    violated the terms of probation.
4        (12.5) A finding by the Board that the licensee has
5    failed to pay a fine imposed by the Department.
6        (13) Abandonment of a client.
7        (14) Willfully filing false reports relating to a
8    licensee's practice, including but not limited to, false
9    records filed with federal or State agencies or
10    departments.
11        (15) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act, and
14    upon proof by clear and convincing evidence that the
15    licensee has caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act.
18        (16) Physical or mental disability, including
19    deterioration through the aging process or loss of
20    abilities and skills that results in the inability to
21    practice the profession with reasonable judgment, skill,
22    or safety.
23        (17) Solicitation of professional services by using
24    false or misleading advertising.
25        (18) Failure to file a return, or to pay the tax,
26    penalty, or interest shown in a filed return, or to pay any

 

 

HB3395- 341 -LRB100 06973 SMS 17024 b

1    final assessment of tax, penalty, or interest, as required
2    by any tax Act administered by the Illinois Department of
3    Revenue or any successor agency or the Internal Revenue
4    Service or any successor agency.
5    No consideration shall be given to convictions entered
6prior to the date of the application, where the applicant has
7completed any sentence imposed for that conviction, including
8any period of mandatory supervised release.
9    (b) Any fines imposed under this Section shall not exceed
10$10,000 for each violation.
11    (c) The determination by a court that a licensee is subject
12to involuntary admission or judicial admission as provided in
13the Mental Health and Developmental Disabilities Code will
14result in an automatic suspension of his or her license. The
15suspension will end upon a finding by a court that the licensee
16is no longer subject to involuntary admission or judicial
17admission, the issuance of an order so finding and discharging
18the patient, and the recommendation of the Board to the
19Secretary that the licensee be allowed to resume professional
20practice.
21    (d) In enforcing this Section, the Board, upon a showing of
22a possible violation, may compel a person licensed under this
23Act or who has applied for licensure pursuant to this Act to
24submit to a mental or physical examination, or both, as
25required by and at the expense of the Department. The examining
26physicians shall be those specifically designated by the Board.

 

 

HB3395- 342 -LRB100 06973 SMS 17024 b

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

 

 

HB3395- 343 -LRB100 06973 SMS 17024 b

1whether the person shall have his or her license suspended
2immediately, pending a hearing by the Board.
3(Source: P.A. 96-730, eff. 8-25-09.)
 
4    Section 215. The Professional Engineering Practice Act of
51989 is amended by changing Section 24 as follows:
 
6    (225 ILCS 325/24)  (from Ch. 111, par. 5224)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 24. Rules of professional conduct; disciplinary or
9administrative action.
10    (a) The Department shall adopt rules setting standards of
11professional conduct and establish appropriate penalties for
12the breach of such rules.
13    (a-1) The Department may, singularly or in combination,
14refuse to issue, renew, or restore a license or may revoke,
15suspend, place on probation, reprimand, or take other
16disciplinary or non-disciplinary action with regard to a person
17licensed under this Act, including but not limited to, the
18imposition of a fine not to exceed $10,000 per violation upon
19any person, corporation, partnership, or professional design
20firm licensed or registered under this Act, for any one or
21combination of the following causes:
22        (1) Material misstatement in furnishing information to
23    the Department.
24        (2) Violations of this Act or any of its rules.

 

 

HB3395- 344 -LRB100 06973 SMS 17024 b

1        (3) Conviction of or entry of a plea of guilty or nolo
2    contendere to any crime that is a felony under the laws of
3    the United States or any state or territory thereof, or
4    that is a misdemeanor, an essential element of which is
5    dishonesty, or any crime that is directly related to the
6    practice of engineering.
7        (4) Making any misrepresentation for the purpose of
8    obtaining, renewing, or restoring a license or violating
9    any provision of this Act or the rules promulgated under
10    this Act pertaining to advertising.
11        (5) Willfully making or signing a false statement,
12    certificate, or affidavit to induce payment.
13        (6) Negligence, incompetence or misconduct in the
14    practice of professional engineering as a licensed
15    professional engineer or in working as an engineer intern.
16        (7) Aiding or assisting another person in violating any
17    provision of this Act or its rules.
18        (8) Failing to provide information in response to a
19    written request made by the Department within 30 days after
20    receipt of such written request.
21        (9) Engaging in dishonorable, unethical or
22    unprofessional conduct of a character likely to deceive,
23    defraud or harm the public.
24        (10) Inability to practice the profession with
25    reasonable judgment, skill, or safety as a result of a
26    physical illness, including, but not limited to,

 

 

HB3395- 345 -LRB100 06973 SMS 17024 b

1    deterioration through the aging process or loss of motor
2    skill, or mental illness or disability.
3        (11) Discipline by the United States Government,
4    another state, District of Columbia, territory, foreign
5    nation or government agency, if at least one of the grounds
6    for the discipline is the same or substantially equivalent
7    to those set forth in this Act.
8        (12) Directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership or association
10    any fee, commission, rebate or other form of compensation
11    for any professional services not actually or personally
12    rendered.
13        (13) A finding by the Department that an applicant or
14    registrant has failed to pay a fine imposed by the
15    Department, a registrant whose license has been placed on
16    probationary status has violated the terms of probation, or
17    a registrant has practiced on an expired, inactive,
18    suspended, or revoked license.
19        (14) Signing, affixing the professional engineer's
20    seal or permitting the professional engineer's seal to be
21    affixed to any technical submissions not prepared as
22    required by Section 14 or completely reviewed by the
23    professional engineer or under the professional engineer's
24    direct supervision.
25        (15) Inability to practice the profession with
26    reasonable judgment, skill or safety as a result of

 

 

HB3395- 346 -LRB100 06973 SMS 17024 b

1    habitual or excessive use or addiction to alcohol,
2    narcotics, stimulants, or any other chemical agent or drug.
3        (16) The making of a statement pursuant to the
4    Environmental Barriers Act that a plan for construction or
5    alteration of a public facility or for construction of a
6    multi-story housing unit is in compliance with the
7    Environmental Barriers Act when such plan is not in
8    compliance.
9        (17) (Blank).
10    No consideration shall be given to convictions entered
11prior to the date of the application, where the applicant has
12completed any sentence imposed for that conviction, including
13any period of mandatory supervised release.
14    (a-2) The Department shall deny a license or renewal
15authorized by this Act to a person who has failed to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Department of Revenue, until such time as the requirements of
20the tax Act are satisfied in accordance with subsection (g) of
21Section 2105-15 of the Department of Professional Regulation
22Law of the Civil Administrative Code of Illinois (20 ILCS
232105/2105-15).
24    (a-3) The Department shall deny a license or renewal
25authorized by this Act to a person who has defaulted on an
26educational loan or scholarship provided or guaranteed by the

 

 

HB3395- 347 -LRB100 06973 SMS 17024 b

1Illinois Student Assistance Commission or any governmental
2agency of this State in accordance with subdivision (a)(5) of
3Section 2105-15 of the Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois (20 ILCS
52105/2105-15).
6    (a-4) In cases where the Department of Healthcare and
7Family Services (formerly the Department of Public Aid) has
8previously determined that a licensee or a potential licensee
9is more than 30 days delinquent in the payment of child support
10and has subsequently certified the delinquency to the
11Department, the Department shall refuse to issue or renew or
12shall revoke or suspend that person's license or shall take
13other disciplinary action against that person based solely upon
14the certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with subdivision
16(a)(5) of Section 2105-15 of the Department of Professional
17Regulation Law of the Civil Administrative Code of Illinois (20
18ILCS 2105/2105-15).
19    (a-5) In enforcing this Section, the Department or Board,
20upon a showing of a possible violation, may order a licensee or
21applicant to submit to a mental or physical examination, or
22both, at the expense of the Department. The Department or Board
23may order the examining physician to present testimony
24concerning his or her examination of the licensee or applicant.
25No information shall be excluded by reason of any common law or
26statutory privilege relating to communications between the

 

 

HB3395- 348 -LRB100 06973 SMS 17024 b

1licensee or applicant and the examining physician. The
2examining physicians shall be specifically designated by the
3Board or Department. The licensee or applicant may have, at his
4or her own expense, another physician of his or her choice
5present during all aspects of the examination. Failure of a
6licensee or applicant to submit to any such examination when
7directed, without reasonable cause as defined by rule, shall be
8grounds for either the immediate suspension of his or her
9license or immediate denial of his or her application.
10    If the Secretary immediately suspends the license of a
11licensee for his or her failure to submit to a mental or
12physical examination when directed, a hearing must be convened
13by the Department within 15 days after the suspension and
14completed without appreciable delay.
15    If the Secretary otherwise suspends a license pursuant to
16the results of the licensee's mental or physical examination, a
17hearing must be convened by the Department within 15 days after
18the suspension and completed without appreciable delay. The
19Department and Board shall have the authority to review the
20licensee's record of treatment and counseling regarding the
21relevant impairment or impairments to the extent permitted by
22applicable federal statutes and regulations safeguarding the
23confidentiality of medical records.
24    Any licensee suspended under this subsection (a-5) shall be
25afforded an opportunity to demonstrate to the Department or
26Board that he or she can resume practice in compliance with the

 

 

HB3395- 349 -LRB100 06973 SMS 17024 b

1acceptable and prevailing standards under the provisions of his
2or her license.
3    (b) The determination by a circuit court that a registrant
4is subject to involuntary admission or judicial admission as
5provided in the Mental Health and Developmental Disabilities
6Code, as now or hereafter amended, operates as an automatic
7suspension. Such suspension will end only upon a finding by a
8court that the patient is no longer subject to involuntary
9admission or judicial admission, the issuance of an order so
10finding and discharging the patient, and the recommendation of
11the Board to the Director that the registrant be allowed to
12resume practice.
13(Source: P.A. 98-756, eff. 7-16-14.)
 
14    Section 220. The Illinois Professional Land Surveyor Act of
151989 is amended by changing Section 27 as follows:
 
16    (225 ILCS 330/27)  (from Ch. 111, par. 3277)
17    (Section scheduled to be repealed on January 1, 2020)
18    Sec. 27. Grounds for disciplinary action.
19    (a) The Department may refuse to issue or renew a license,
20or may place on probation or administrative supervision,
21suspend, or revoke any license, or may reprimand or take any
22disciplinary or non-disciplinary action as the Department may
23deem proper, including the imposition of fines not to exceed
24$10,000 per violation, upon any person, corporation,

 

 

HB3395- 350 -LRB100 06973 SMS 17024 b

1partnership, or professional land surveying firm licensed or
2registered under this Act for any of the following reasons:
3        (1) material misstatement in furnishing information to
4    the Department;
5        (2) violation, including, but not limited to, neglect
6    or intentional disregard, of this Act, or its rules;
7        (3) conviction of, or entry of a plea of guilty or nolo
8    contendere to, any crime that is a felony under the laws of
9    the United States or any state or territory thereof or that
10    is a misdemeanor of which an essential element is
11    dishonesty, or any crime that is directly related to the
12    practice of the profession;
13        (4) making any misrepresentation for the purpose of
14    obtaining a license, or in applying for restoration or
15    renewal, or the practice of any fraud or deceit in taking
16    any examination to qualify for licensure under this Act;
17        (5) purposefully making false statements or signing
18    false statements, certificates, or affidavits to induce
19    payment;
20        (6) proof of carelessness, incompetence, negligence,
21    or misconduct in practicing land surveying;
22        (7) aiding or assisting another person in violating any
23    provision of this Act or its rules;
24        (8) failing to provide information in response to a
25    written request made by the Department within 30 days after
26    receipt of such written request;

 

 

HB3395- 351 -LRB100 06973 SMS 17024 b

1        (9) engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public;
4        (10) inability to practice with reasonable judgment,
5    skill, or safety as a result of habitual or excessive use
6    of, or addiction to, alcohol, narcotics, stimulants or any
7    other chemical agent or drug;
8        (11) discipline by the United States government,
9    another state, District of Columbia, territory, foreign
10    nation or government agency if at least one of the grounds
11    for the discipline is the same or substantially equivalent
12    to those set forth in this Act;
13        (12) 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 services not actually or personally
17    rendered;
18        (12.5) issuing a map or plat of survey where the fee
19    for professional services is contingent on a real estate
20    transaction closing;
21        (13) a finding by the Department that an applicant or
22    licensee has failed to pay a fine imposed by the Department
23    or a licensee whose license has been placed on probationary
24    status has violated the terms of probation;
25        (14) practicing on an expired, inactive, suspended, or
26    revoked license;

 

 

HB3395- 352 -LRB100 06973 SMS 17024 b

1        (15) signing, affixing the Professional Land
2    Surveyor's seal or permitting the Professional Land
3    Surveyor's seal to be affixed to any map or plat of survey
4    not prepared by the Professional Land Surveyor or under the
5    Professional Land Surveyor's direct supervision and
6    control;
7        (16) inability to practice the profession with
8    reasonable judgment, skill, or safety as a result of
9    physical illness, including, but not limited to,
10    deterioration through the aging process or loss of motor
11    skill or a mental illness or disability;
12        (17) (blank); or
13        (18) failure to adequately supervise or control land
14    surveying operations being performed by subordinates.
15    No consideration shall be given to convictions entered
16prior to the date of the application, where the applicant has
17completed any sentence imposed for that conviction, including
18any period of mandatory supervised release.
19    (a-5) In enforcing this Section, the Department or Board,
20upon a showing of a possible violation, may compel a person
21licensed to practice under this Act, or who has applied for
22licensure or certification pursuant to this Act, to submit to a
23mental or physical examination, or both, as required by and at
24the expense of the Department. The Department or Board may
25order the examining physician to present testimony concerning
26the mental or physical examination of the licensee or

 

 

HB3395- 353 -LRB100 06973 SMS 17024 b

1applicant. No information shall be excluded by reason of any
2common law or statutory privilege relating to communications
3between the licensee or applicant and the examining physician.
4The examining physicians shall be specifically designated by
5the Board or Department. The individual to be examined may
6have, at his or her own expense, another physician of his or
7her choice present during all aspects of the examination.
8Failure of an individual to submit to a mental or physical
9examination when directed shall be grounds for the immediate
10suspension of his or her license until the individual submits
11to the examination if the Department finds that the refusal to
12submit to the examination was without reasonable cause as
13defined by rule.
14    If the Secretary immediately suspends the license of a
15licensee for his or her failure to submit to a mental or
16physical examination when directed, a hearing must be convened
17by the Department within 15 days after the suspension and
18completed without appreciable delay.
19    If the Secretary otherwise suspends a person's license
20pursuant to the results of a compelled mental or physical
21examination, a hearing on that person's license must be
22convened by the Department within 15 days after the suspension
23and completed without appreciable delay. The Department and
24Board shall have the authority to review the subject
25individual's record of treatment and counseling regarding
26impairment to the extent permitted by applicable federal

 

 

HB3395- 354 -LRB100 06973 SMS 17024 b

1statutes and regulations safeguarding the confidentiality of
2medical records.
3    Any licensee suspended under this subsection (a-5) shall be
4afforded an opportunity to demonstrate to the Department or
5Board that he or she can resume practice in compliance with the
6acceptable and prevailing standards under the provisions of his
7or her license.
8    (b) The determination by a circuit court that a licensee is
9subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code, as now or hereafter amended, operates as an automatic
12license suspension. Such suspension will end only upon a
13finding by a court that the patient is no longer subject to
14involuntary admission or judicial admission and the issuance of
15an order so finding and discharging the patient and upon the
16recommendation of the Board to the Director that the licensee
17be allowed to resume his or her practice.
18    (c) The Department shall deny a license or renewal
19authorized by this Act to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with subdivision (a)(5) of
23Section 2105-15 of the Department of Professional Regulation
24Law of the Civil Administrative Code of Illinois (20 ILCS
252105/2105-15).
26    (d) In cases where the Department of Healthcare and Family

 

 

HB3395- 355 -LRB100 06973 SMS 17024 b

1Services (formerly the Department of Public Aid) has previously
2determined that a licensee or a potential licensee is more than
330 days delinquent in the payment of child support and has
4subsequently certified the delinquency to the Department, the
5Department shall refuse to issue or renew or shall revoke or
6suspend that person's license or shall take other disciplinary
7action against that person based solely upon the certification
8of delinquency made by the Department of Healthcare and Family
9Services in accordance with subdivision (a)(5) of Section
102105-15 of the Department of Professional Regulation Law of the
11Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
12    (e) The Department shall refuse to issue or renew or shall
13revoke or suspend a person's license or shall take other
14disciplinary action against that person for his or her failure
15to file a return, to pay the tax, penalty, or interest shown in
16a filed return, or to pay any final assessment of tax, penalty,
17or interest as required by any tax Act administered by the
18Department of Revenue, until such time as the requirements of
19the tax Act are satisfied in accordance with subsection (g) of
20Section 2105-15 of the Department of Professional Regulation
21Law of the Civil Administrative Code of Illinois (20 ILCS
222105/2105-15).
23(Source: P.A. 98-756, eff. 7-16-14.)
 
24    Section 225. The Illinois Roofing Industry Licensing Act is
25amended by changing Section 9.1 as follows:
 

 

 

HB3395- 356 -LRB100 06973 SMS 17024 b

1    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 9.1. Grounds for disciplinary action.
4    (1) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary or non-disciplinary action as the Department may
7deem proper, including fines not to exceed $10,000 for each
8violation, with regard to any license for any one or
9combination of the following:
10        (a) violation of this Act or its rules;
11        (b) for licensees, conviction or plea of guilty or nolo
12    contendere, finding of guilt, jury verdict, or entry of
13    judgment or sentencing of any crime, including, but not
14    limited to, convictions, preceding sentences of
15    supervision, conditional discharge, or first offender
16    probation, under the laws of any jurisdiction of the United
17    States that is (i) a felony or (ii) a misdemeanor, an
18    essential element of which is dishonesty or that is
19    directly related to the practice of the profession and, for
20    initial applicants, convictions set forth in Section 7.1 of
21    this Act;
22        (c) fraud or any misrepresentation in applying for or
23    procuring a license under this Act, or in connection with
24    applying for renewal of a license under this Act;
25        (d) professional incompetence or gross negligence in

 

 

HB3395- 357 -LRB100 06973 SMS 17024 b

1    the practice of roofing contracting, prima facie evidence
2    of which may be a conviction or judgment in any court of
3    competent jurisdiction against an applicant or licensee
4    relating to the practice of roofing contracting or the
5    construction of a roof or repair thereof that results in
6    leakage within 90 days after the completion of such work;
7        (e) (blank);
8        (f) aiding or assisting another person in violating any
9    provision of this Act or rules;
10        (g) failing, within 60 days, to provide information in
11    response to a written request made by the Department;
12        (h) engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public;
15        (i) habitual or excessive use or abuse of controlled
16    substances, as defined by the Illinois Controlled
17    Substances Act, alcohol, or any other substance that
18    results in the inability to practice with reasonable
19    judgment, skill, or safety;
20        (j) discipline by another state, unit of government, or
21    government agency, the District of Columbia, a territory,
22    or a foreign nation, if at least one of the grounds for the
23    discipline is the same or substantially equivalent to those
24    set forth in this Section;
25        (k) directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership, or association

 

 

HB3395- 358 -LRB100 06973 SMS 17024 b

1    any fee, commission, rebate, or other form of compensation
2    for any professional services not actually or personally
3    rendered;
4        (l) a finding by the Department that the licensee,
5    after having his or her license disciplined, has violated
6    the terms of the discipline;
7        (m) a finding by any court of competent jurisdiction,
8    either within or without this State, of any violation of
9    any law governing the practice of roofing contracting, if
10    the Department determines, after investigation, that such
11    person has not been sufficiently rehabilitated to warrant
12    the public trust;
13        (n) willfully making or filing false records or reports
14    in the practice of roofing contracting, including, but not
15    limited to, false records filed with the State agencies or
16    departments;
17        (o) practicing, attempting to practice, or advertising
18    under a name other than the full name as shown on the
19    license or any other legally authorized name;
20        (p) gross and willful overcharging for professional
21    services including filing false statements for collection
22    of fees or monies for which services are not rendered;
23        (q) (blank);
24        (r) (blank);
25        (s) failure to continue to meet the requirements of
26    this Act shall be deemed a violation;

 

 

HB3395- 359 -LRB100 06973 SMS 17024 b

1        (t) physical or mental disability, including
2    deterioration through the aging process or loss of
3    abilities and skills that result in an inability to
4    practice the profession with reasonable judgment, skill,
5    or safety;
6        (u) material misstatement in furnishing information to
7    the Department or to any other State agency;
8        (v) (blank);
9        (w) advertising in any manner that is false,
10    misleading, or deceptive;
11        (x) taking undue advantage of a customer, which results
12    in the perpetration of a fraud;
13        (y) performing any act or practice that is a violation
14    of the Consumer Fraud and Deceptive Business Practices Act;
15        (z) engaging in the practice of roofing contracting, as
16    defined in this Act, with a suspended, revoked, or
17    cancelled license;
18        (aa) treating any person differently to the person's
19    detriment because of race, color, creed, gender, age,
20    religion, or national origin;
21        (bb) knowingly making any false statement, oral,
22    written, or otherwise, of a character likely to influence,
23    persuade, or induce others in the course of obtaining or
24    performing roofing contracting services;
25        (cc) violation of any final administrative action of
26    the Secretary;

 

 

HB3395- 360 -LRB100 06973 SMS 17024 b

1        (dd) allowing the use of his or her roofing license by
2    an unlicensed roofing contractor for the purposes of
3    providing roofing or waterproofing services; or
4        (ee) (blank);
5        (ff) cheating or attempting to subvert a licensing
6    examination administered under this Act; or
7        (gg) use of a license to permit or enable an unlicensed
8    person to provide roofing contractor services.
9    No consideration shall be given to convictions entered
10prior to the date of the application, where the applicant has
11completed any sentence imposed for that conviction, including
12any period of mandatory supervised release.
13    (2) The determination by a circuit court that a license
14holder is subject to involuntary admission or judicial
15admission, as provided in the Mental Health and Developmental
16Disabilities Code, operates as an automatic suspension. Such
17suspension will end only upon a finding by a court that the
18patient is no longer subject to involuntary admission or
19judicial admission, an order by the court so finding and
20discharging the patient, and the recommendation of the Board to
21the Director that the license holder be allowed to resume his
22or her practice.
23    (3) The Department may refuse to issue or take disciplinary
24action concerning the license of any person who fails to file a
25return, to pay the tax, penalty, or interest shown in a filed
26return, or to pay any final assessment of tax, penalty, or

 

 

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1interest as required by any tax Act administered by the
2Department of Revenue, until such time as the requirements of
3any such tax Act are satisfied as determined by the Department
4of Revenue.
5    (4) In enforcing this Section, the Department, upon a
6showing of a possible violation, may compel any individual who
7is licensed under this Act or any individual who has applied
8for licensure to submit to a mental or physical examination or
9evaluation, or both, which may include a substance abuse or
10sexual offender evaluation, at the expense of the Department.
11The Department shall specifically designate the examining
12physician licensed to practice medicine in all of its branches
13or, if applicable, the multidisciplinary team involved in
14providing the mental or physical examination and evaluation.
15The multidisciplinary team shall be led by a physician licensed
16to practice medicine in all of its branches and may consist of
17one or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed clinical psychologists, licensed clinical
20social workers, licensed clinical professional counselors, and
21other professional and administrative staff. Any examining
22physician or member of the multidisciplinary team may require
23any person ordered to submit to an examination and evaluation
24pursuant to this Section to submit to any additional
25supplemental testing deemed necessary to complete any
26examination or evaluation process, including, but not limited

 

 

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1to, blood testing, urinalysis, psychological testing, or
2neuropsychological testing.
3    (5) The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the licensee or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination and evaluation. No information, report,
13record, or other documents in any way related to the
14examination and evaluation shall be excluded by reason of any
15common law or statutory privilege relating to communication
16between the licensee or applicant and the examining physician
17or any member of the multidisciplinary team. No authorization
18is necessary from the licensee or applicant ordered to undergo
19an evaluation and examination for the examining physician or
20any member of the multidisciplinary team to provide
21information, reports, records, or other documents or to provide
22any testimony regarding the examination and evaluation. The
23individual to be examined may have, at his or her own expense,
24another physician of his or her choice present during all
25aspects of the examination.
26    (6) Failure of any individual to submit to mental or

 

 

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1physical examination or evaluation, or both, when directed,
2shall result in an automatic suspension without hearing until
3such time as the individual submits to the examination. If the
4Department finds a licensee unable to practice because of the
5reasons set forth in this Section, the Department shall require
6the licensee to submit to care, counseling, or treatment by
7physicians approved or designated by the Department as a
8condition for continued, reinstated, or renewed licensure.
9    (7) When the Secretary immediately suspends a license under
10this Section, a hearing upon such person's license must be
11convened by the Department within 15 days after the suspension
12and completed without appreciable delay. The Department shall
13have the authority to review the licensee's record of treatment
14and counseling regarding the impairment to the extent permitted
15by applicable federal statutes and regulations safeguarding
16the confidentiality of medical records.
17    (8) Licensees affected under this Section shall be afforded
18an opportunity to demonstrate to the Department that they can
19resume practice in compliance with acceptable and prevailing
20standards under the provisions of their license.
21    (9) The Department shall deny a license or renewal
22authorized by this Act to a person who has defaulted on an
23educational loan or scholarship provided or guaranteed by the
24Illinois Student Assistance Commission or any governmental
25agency of this State in accordance with paragraph (5) of
26subsection (a) of Section 2105-15 of the Department of

 

 

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1Professional Regulation Law of the Civil Administrative Code of
2Illinois.
3    (10) In cases where the Department of Healthcare and Family
4Services has previously determined a licensee or a potential
5licensee is more than 30 days delinquent in the payment of
6child support and has subsequently certified the delinquency to
7the Department, the Department may refuse to issue or renew or
8may revoke or suspend that person's license or may take other
9disciplinary action against that person based solely upon the
10certification of delinquency made by the Department of
11Healthcare and Family Services in accordance with paragraph (5)
12of subsection (a) of Section 2105-15 of the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois.
15    The changes to this Act made by this amendatory Act of 1997
16apply only to disciplinary actions relating to events occurring
17after the effective date of this amendatory Act of 1997.
18(Source: P.A. 99-469, eff. 8-26-15; 99-876, eff. 1-1-17.)
 
19    Section 230. The Structural Engineering Practice Act of
201989 is amended by changing Section 20 as follows:
 
21    (225 ILCS 340/20)  (from Ch. 111, par. 6620)
22    (Section scheduled to be repealed on January 1, 2020)
23    Sec. 20. Refusal; revocation; suspension.
24    (a) The Department may refuse to issue or renew, or may

 

 

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1revoke a license, or may suspend, place on probation, fine, or
2take any disciplinary or non-disciplinary action as the
3Department may deem proper, including a fine not to exceed
4$10,000 for each violation, with regard to any licensee for any
5one or combination of the following reasons:
6        (1) Material misstatement in furnishing information to
7    the Department;
8        (2) Negligence, incompetence or misconduct in the
9    practice of structural engineering;
10        (3) Making any misrepresentation for the purpose of
11    obtaining licensure;
12        (4) The affixing of a licensed structural engineer's
13    seal to any plans, specifications or drawings which have
14    not been prepared by or under the immediate personal
15    supervision of that licensed structural engineer or
16    reviewed as provided in this Act;
17        (5) Conviction of, or entry of a plea of guilty or nolo
18    contendere to, any crime that is a felony under the laws of
19    the United States or of any state or territory thereof, or
20    that is a misdemeanor an essential element of which is
21    dishonesty, or any crime that is directly related to the
22    practice of the profession;
23        (6) Making a statement of compliance pursuant to the
24    Environmental Barriers Act, as now or hereafter amended,
25    that a plan for construction or alteration of a public
26    facility or for construction of a multi-story housing unit

 

 

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1    is in compliance with the Environmental Barriers Act when
2    such plan is not in compliance;
3        (7) Failure to comply with any of the provisions of
4    this Act or its rules;
5        (8) Aiding or assisting another person in violating any
6    provision of this Act or its rules;
7        (9) Engaging in dishonorable, unethical or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public, as defined by rule;
10        (10) Habitual or excessive use or addiction to alcohol,
11    narcotics, stimulants, or any other chemical agent or drug
12    that results in the inability to practice with reasonable
13    judgment, skill, or safety;
14        (11) Failure of an applicant or licensee to pay a fine
15    imposed by the Department or a licensee whose license has
16    been placed on probationary status has violated the terms
17    of probation;
18        (12) Discipline by another state, territory, foreign
19    country, the District of Columbia, the United States
20    government, or any other governmental agency, if at least
21    one of the grounds for discipline is the same or
22    substantially equivalent to those set forth in this
23    Section;
24        (13) Failure to provide information in response to a
25    written request made by the Department within 30 days after
26    the receipt of such written request; or

 

 

HB3395- 367 -LRB100 06973 SMS 17024 b

1        (14) Physical illness, including but not limited to,
2    deterioration through the aging process or loss of motor
3    skill, mental illness, or disability which results in the
4    inability to practice the profession of structural
5    engineering with reasonable judgment, skill, or safety.
6    No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10    (a-5) In enforcing this Section, the Department or Board,
11upon a showing of a possible violation, may order a licensee or
12applicant to submit to a mental or physical examination, or
13both, at the expense of the Department. The Department or Board
14may order the examining physician to present testimony
15concerning his or her examination of the licensee or applicant.
16No information shall be excluded by reason of any common law or
17statutory privilege relating to communications between the
18licensee or applicant and the examining physician. The
19examining physicians shall be specifically designated by the
20Board or Department. The licensee or applicant may have, at his
21or her own expense, another physician of his or her choice
22present during all aspects of the examination. Failure of a
23licensee or applicant to submit to any such examination when
24directed, without reasonable cause as defined by rule, shall be
25grounds for either the immediate suspension of his or her
26license or immediate denial of his or her application.

 

 

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1    If the Secretary immediately suspends the license of a
2licensee for his or her failure to submit to a mental or
3physical examination when directed, a hearing must be convened
4by the Department within 15 days after the suspension and
5completed without appreciable delay.
6    If the Secretary otherwise suspends a license pursuant to
7the results of the licensee's mental or physical examination, a
8hearing must be convened by the Department within 15 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11licensee's record of treatment and counseling regarding the
12relevant impairment or impairments to the extent permitted by
13applicable federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    Any licensee suspended under this subsection (a-5) shall be
16afforded an opportunity to demonstrate to the Department or
17Board that he or she can resume practice in compliance with the
18acceptable and prevailing standards under the provisions of his
19or her license.
20    (b) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Developmental Disabilities
23Code, operates as an automatic suspension. Such suspension will
24end only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission,
26the issuance of an order so finding and discharging the

 

 

HB3395- 369 -LRB100 06973 SMS 17024 b

1patient, and the recommendation of the Board to the Secretary
2that the licensee be allowed to resume practice.
3    (c) The Department shall deny a license or renewal
4authorized by this Act to a person who has defaulted on an
5educational loan or scholarship provided or guaranteed by the
6Illinois Student Assistance Commission or any governmental
7agency of this State in accordance with subdivision (a)(5) of
8Section 2105-15 of the Department of Professional Regulation
9Law of the Civil Administrative Code of Illinois.
10    (d) In cases where the Department of Healthcare and Family
11Services (formerly the Department of Public Aid) has previously
12determined that a licensee or a potential licensee is more than
1330 days delinquent in the payment of child support and has
14subsequently certified the delinquency to the Department, the
15Department shall refuse to issue or renew or shall revoke or
16suspend that person's license or shall take other disciplinary
17action against that person based solely upon the certification
18of delinquency made by the Department of Healthcare and Family
19Services in accordance with subdivision (a)(5) of Section
202105-15 of the Department of Professional Regulation Law of the
21Civil Administrative Code of Illinois.
22    (e) The Department shall deny a license or renewal
23authorized by this Act to a person who has failed to file a
24return, to pay the tax, penalty, or interest shown in a filed
25return, or to pay any final assessment of tax, penalty, or
26interest as required by any tax Act administered by the

 

 

HB3395- 370 -LRB100 06973 SMS 17024 b

1Department of Revenue, until such time as the requirements of
2the tax Act are satisfied in accordance with subsection (g) of
3Section 2105-15 of the Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois.
5    (f) Persons who assist the Department as consultants or
6expert witnesses in the investigation or prosecution of alleged
7violations of the Act, licensure matters, restoration
8proceedings, or criminal prosecutions, are not liable for
9damages in any civil action or proceeding as a result of such
10assistance, except upon proof of actual malice. The Attorney
11General of the State of Illinois shall defend such persons in
12any such action or proceeding.
13(Source: P.A. 98-756, eff. 7-16-14.)
 
14    Section 235. The Water Well and Pump Installation
15Contractor's License Act is amended by changing Section 15 as
16follows:
 
17    (225 ILCS 345/15)  (from Ch. 111, par. 7116)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 15. The Department may refuse to issue or renew, may
20suspend or may revoke a license on any one or more of the
21following grounds:
22    (1) Material misstatement in the application for license;
23    (2) Failure to have or retain the qualifications required
24by Section 9 of this Act;

 

 

HB3395- 371 -LRB100 06973 SMS 17024 b

1    (3) Wilful disregard or violation of this Act or of any
2rule or regulation promulgated by the Department pursuant
3thereto; or disregard or violation of any law of the state of
4Illinois or of any rule or regulation promulgated pursuant
5thereto relating to water well drilling or the installation of
6water pumps and equipment or any rule or regulation adopted
7pursuant thereto;
8    (4) Wilfully aiding or abetting another in the violation of
9this Act or any rule or regulation promulgated by the
10Department pursuant thereto;
11    (5) Incompetence in the performance of the work of a water
12well contractor or of a water well pump installation
13contractor;
14    (6) Allowing the use of a license by someone other than the
15person in whose name it was issued;
16    (7) Conviction of any crime an essential element of which
17is misstatement, fraud or dishonesty, conviction in this or
18another State of any crime which is a felony under the laws of
19this State or the conviction in a federal court of any felony.
20    (8) Making substantial misrepresentations or false
21promises of a character likely to influence, persuade or induce
22in connection with the occupation of a water well contractor or
23a water well pump installation contractor.
24    No consideration shall be given to convictions entered
25prior to the date of the application, where the applicant has
26completed any sentence imposed for that conviction, including

 

 

HB3395- 372 -LRB100 06973 SMS 17024 b

1any period of mandatory supervised release.
2(Source: P.A. 77-1626.)
 
3    Section 240. The Illinois Athlete Agents Act is amended by
4changing Section 75 as follows:
 
5    (225 ILCS 401/75)
6    Sec. 75. Grounds for disciplinary action.
7    (a) The Department may refuse to issue or renew, or may
8revoke, suspend, place on probation, reprimand, or take other
9disciplinary or non-disciplinary action as the Department may
10deem appropriate, including imposing fines not to exceed
11$10,000 for each violation, with regard to any license for any
12one or combination of the following:
13        (1) Making a material misstatement in furnishing
14    information to the Department.
15        (2) Violating this Act, or the rules adopted pursuant
16    to this Act.
17        (3) Conviction of or entry of a plea of guilty or nolo
18    contendere, finding of guilt, jury verdict, or entry of
19    judgment or by sentencing of any crime, including but not
20    limited to convictions, preceding sentences of
21    supervision, conditional discharge or first offender
22    probation, to any crime that is a felony under the laws of
23    the United States or any state or territory thereof or that
24    is a misdemeanor of which as essential element is

 

 

HB3395- 373 -LRB100 06973 SMS 17024 b

1    dishonesty, or any crime that is directly related to the
2    practice of the profession.
3        (4) Making any misrepresentation for the purpose of
4    obtaining licensure or violating any provision of this Act
5    or the rules adopted under this Act pertaining to
6    advertising.
7        (5) Professional incompetence.
8        (6) Gross malpractice.
9        (7) Aiding or assisting another person in violating any
10    provision of this Act or rules adopted under this Act.
11        (8) Failing, within 60 days, to provide information in
12    response to a written request made by the Department.
13        (9) Engaging in dishonorable, unethical, or
14    unprofessional conduct of a character likely to deceive,
15    defraud, or harm the public.
16        (10) Inability to practice with reasonable judgment,
17    skill or safety as a result of habitual or excessive use or
18    addiction to alcohol, narcotics, stimulants or any other
19    chemical agent or drug.
20        (11) Denial of any application as an athlete agent or
21    discipline by another state, District of Columbia,
22    territory, or foreign nation, if at least one of the
23    grounds for the discipline is the same or substantially
24    equivalent to those set forth in this Section.
25        (12) A finding by the Department that the licensee,
26    after having his or her license placed on probationary

 

 

HB3395- 374 -LRB100 06973 SMS 17024 b

1    status, has violated the terms of probation.
2        (13) Willfully making or filing false records or
3    reports in his or her practice, including but not limited
4    to, false records filed with State agencies or departments.
5        (14) Inability to practice the profession with
6    reasonable judgment, skill, or safety as a result of a
7    physical illness, including but not limited to
8    deterioration through the aging process or loss of motor
9    skill, or a mental illness or disability.
10        (15) Solicitation of professional services other than
11    permitted advertising.
12        (16) Conviction of or cash compromise of a charge or
13    violation of the Illinois Controlled Substances Act
14    regulating narcotics.
15        (17) Gross, willful, or continued overcharging for
16    professional services, including filing false statements
17    for collection of fees for which services are not rendered.
18        (18) Practicing under a false or, except as provided by
19    law, an assumed name.
20        (19) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (20) Any instance in which the conduct of the applicant
24    or any person named pursuant to item (5) of subsection (a)
25    of Section 45 resulted in the imposition of a sanction,
26    suspension, or declaration of ineligibility to participate

 

 

HB3395- 375 -LRB100 06973 SMS 17024 b

1    in an interscholastic or intercollegiate athletic event on
2    a student-athlete or educational institution.
3        (21) Any instance in which the conduct of any person
4    named pursuant to item (5) of subsection (a) of Section 45
5    resulted in the denial of an application as an athlete
6    agent or discipline of a license as an athlete agent by
7    another state, District of Columbia, territory, or foreign
8    nation, if at least one of the grounds for the discipline
9    is the same or substantially equivalent to those set forth
10    in this Section.
11        (22) Committing any of the activities set forth in
12    subsection (b) of Section 175 of this Act.
13    No consideration shall be given to convictions entered
14prior to the date of the application, where the applicant has
15completed any sentence imposed for that conviction, including
16any period of mandatory supervised release.
17    (b) A person holding a license under this Act or has
18applied for licensure under this Act who, because of a physical
19or mental illness or disability, including but not limited to
20deterioration through the aging process or loss of motor skill,
21is unable to practice the profession with reasonable judgment,
22skill, or safety may be required by the Department to submit to
23care, counseling or treatment by physicians approved or
24designated by the Department as a condition, term or
25restriction for continued, reinstated or renewed licensure to
26practice. Submission to care, counseling or treatment as

 

 

HB3395- 376 -LRB100 06973 SMS 17024 b

1required by the Department shall not be considered discipline
2of the license. If the licensee refuses to enter into a care,
3counseling, or treatment agreement or fails to abide by the
4terms of the agreement, then the Department may file a
5complaint to suspend, revoke, or otherwise discipline the
6license of the individual. The Secretary may order the license
7suspended immediately, pending a hearing by the Department.
8Fines shall not be assessed in disciplinary actions involving
9physical or mental illness or impairment.
10    (c) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code, as amended, operates as an automatic suspension. The
14suspension will end only upon a finding by a court that the
15licensee is no longer subject to the involuntary admission or
16judicial admission and issues an order so finding and
17discharging the licensee; and upon review of the order by the
18Secretary or his or her designee, the licensee may be allowed
19to resume his or her practice.
20    (d) The Department may refuse to issue or may suspend
21without hearing as provided for in the Code of Civil Procedure
22the license of any person who fails to file a return, or to pay
23the tax, penalty or interest shown in a filed return, or to pay
24any final assessment of the tax, penalty, or interest as
25required by any tax Act administered by the Illinois Department
26of Revenue, until such time as the requirements of any such tax

 

 

HB3395- 377 -LRB100 06973 SMS 17024 b

1Act are satisfied.
2    (e) In enforcing this Section, the Department upon a
3showing of a possible violation may compel an individual
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, as required by and at the expense of the
7Department. The Department may order the examining physician to
8present testimony concerning the mental or physical
9examination of the licensee or applicant. No information shall
10be excluded by reason of any common law or statutory privilege
11relating to communications between the licensee or applicant
12and the examining physician. The examining physicians shall be
13specifically designated by the Department. The individual to be
14examined may have, at his or her own expense, another physician
15of his or her choice present during all aspects of this
16examination. Failure of an individual to submit to a mental or
17physical examination, when directed, shall be grounds for the
18immediate suspension of his or her license until the individual
19submits to the examination if the Department finds that the
20refusal to submit to the examination was without reasonable
21cause as defined by rule.
22    In instances in which the Secretary immediately suspends a
23person's license for his or her failure to submit to a mental
24or physical examination, when directed, a hearing on that
25person's license must be convened by the Department within 15
26days after the suspension and completed without appreciable

 

 

HB3395- 378 -LRB100 06973 SMS 17024 b

1delay.
2    In instances in which the Secretary otherwise suspends a
3person's license pursuant to the results of a compelled mental
4or physical examination a hearing on that person's license must
5be convened by the Department within 15 days after the
6suspension and completed without appreciable delay. The
7Department shall have the authority to review the subject
8individual's record of treatment and counseling regarding the
9impairment to the extent permitted by applicable federal
10statutes and regulations safeguarding the confidentiality of
11medical records.
12    An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department that he or she can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of his or her license.
17(Source: P.A. 96-1030, eff. 1-1-11.)
 
18    Section 245. The Auction License Act is amended by changing
19Section 20-15 as follows:
 
20    (225 ILCS 407/20-15)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 20-15. Disciplinary actions; grounds. The Department
23may refuse to issue or renew a license, may place on probation
24or administrative supervision, suspend, or revoke any license

 

 

HB3395- 379 -LRB100 06973 SMS 17024 b

1or may reprimand or take other disciplinary or non-disciplinary
2action as the Department may deem proper, including the
3imposition of fines not to exceed $10,000 for each violation
4upon anyone licensed under this Act for any of the following
5reasons:
6        (1) False or fraudulent representation or material
7    misstatement in furnishing information to the Department
8    in obtaining or seeking to obtain a license.
9        (2) Violation of any provision of this Act or the rules
10    promulgated pursuant to this Act.
11        (3) Conviction of or entry of a plea of guilty or nolo
12    contendere to any crime that is a felony under the laws of
13    the United States or any state or territory thereof, or
14    that is a misdemeanor, an essential element of which is
15    dishonesty, or any crime that is directly related to the
16    practice of the profession.
17        (4) Being adjudged to be a person under legal
18    disability or subject to involuntary admission or to meet
19    the standard for judicial admission as provided in the
20    Mental Health and Developmental Disabilities Code.
21        (5) Discipline of a licensee by another state, the
22    District of Columbia, a territory of the United States, a
23    foreign nation, a governmental agency, or any other entity
24    authorized to impose discipline if at least one of the
25    grounds for that discipline is the same as or the
26    equivalent to one of the grounds for discipline set forth

 

 

HB3395- 380 -LRB100 06973 SMS 17024 b

1    in this Act or for failing to report to the Department,
2    within 30 days, any adverse final action taken against the
3    licensee by any other licensing jurisdiction, government
4    agency, law enforcement agency, or court, or liability for
5    conduct that would constitute grounds for action as set
6    forth in this Act.
7        (6) Engaging in the practice of auctioneering,
8    conducting an auction, or providing an auction service
9    without a license or after the license was expired,
10    revoked, suspended, or terminated or while the license was
11    inoperative.
12        (7) Attempting to subvert or cheat on the auctioneer
13    exam or any continuing education exam, or aiding or
14    abetting another to do the same.
15        (8) Directly or indirectly giving to or receiving from
16    a person, firm, corporation, partnership, or association a
17    fee, commission, rebate, or other form of compensation for
18    professional service not actually or personally rendered,
19    except that an auctioneer licensed under this Act may
20    receive a fee from another licensed auctioneer from this
21    State or jurisdiction for the referring of a client or
22    prospect for auction services to the licensed auctioneer.
23        (9) Making any substantial misrepresentation or
24    untruthful advertising.
25        (10) Making any false promises of a character likely to
26    influence, persuade, or induce.

 

 

HB3395- 381 -LRB100 06973 SMS 17024 b

1        (11) Pursuing a continued and flagrant course of
2    misrepresentation or the making of false promises through a
3    licensee, agent, employee, advertising, or otherwise.
4        (12) Any misleading or untruthful advertising, or
5    using any trade name or insignia of membership in any
6    auctioneer association or organization of which the
7    licensee is not a member.
8        (13) Commingling funds of others with his or her own
9    funds or failing to keep the funds of others in an escrow
10    or trustee account.
11        (14) Failure to account for, remit, or return any
12    moneys, property, or documents coming into his or her
13    possession that belong to others, acquired through the
14    practice of auctioneering, conducting an auction, or
15    providing an auction service within 30 days of the written
16    request from the owner of said moneys, property, or
17    documents.
18        (15) Failure to maintain and deposit into a special
19    account, separate and apart from any personal or other
20    business accounts, all moneys belonging to others
21    entrusted to a licensee while acting as an auctioneer,
22    associate auctioneer, auction firm, or as a temporary
23    custodian of the funds of others.
24        (16) Failure to make available to Department personnel
25    during normal business hours all escrow and trustee records
26    and related documents maintained in connection with the

 

 

HB3395- 382 -LRB100 06973 SMS 17024 b

1    practice of auctioneering, conducting an auction, or
2    providing an auction service within 24 hours after a
3    request from Department personnel.
4        (17) Making or filing false records or reports in his
5    or her practice, including but not limited to false records
6    or reports filed with State agencies.
7        (18) Failing to voluntarily furnish copies of all
8    written instruments prepared by the auctioneer and signed
9    by all parties to all parties at the time of execution.
10        (19) Failing to provide information within 30 days in
11    response to a written request made by the Department.
12        (20) Engaging in any act that constitutes a violation
13    of Section 2-102, 3-103, or 3-105 of the Illinois Human
14    Rights Act.
15        (21) (Blank).
16        (22) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public.
19        (23) Offering or advertising real estate for sale or
20    lease at auction without a valid broker or managing
21    broker's license under the Real Estate License Act of 1983,
22    or any successor Act, unless exempt from licensure under
23    the terms of the Real Estate License Act of 2000, or any
24    successor Act, except as provided for in Section 5-32 of
25    the Real Estate License Act of 2000.
26        (24) Inability to practice the profession with

 

 

HB3395- 383 -LRB100 06973 SMS 17024 b

1    reasonable judgment, skill, or safety as a result of a
2    physical illness, including, but not limited to,
3    deterioration through the aging process or loss of motor
4    skill, or a mental illness or disability.
5        (25) A pattern of practice or other behavior that
6    demonstrates incapacity or incompetence to practice under
7    this Act.
8        (26) Being named as a perpetrator in an indicated
9    report by the Department of Children and Family Services
10    under the Abused and Neglected Child Reporting Act and upon
11    proof by clear and convincing evidence that the licensee
12    has caused a child to be an abused child or a neglected
13    child as defined in the Abused and Neglected Child
14    Reporting Act.
15        (27) Inability to practice with reasonable judgment,
16    skill, or safety as a result of habitual or excessive use
17    or addiction to alcohol, narcotics, stimulants, or any
18    other chemical agent or drug.
19        (28) Wilfully failing to report an instance of
20    suspected child abuse or neglect as required by the Abused
21    and Neglected Child Reporting Act.
22    No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including
25any period of mandatory supervised release.
26    The entry of an order by a circuit court establishing that

 

 

HB3395- 384 -LRB100 06973 SMS 17024 b

1any person holding a license under this Act is subject to
2involuntary admission or judicial admission, as provided for in
3the Mental Health and Developmental Disabilities Code,
4operates as an automatic suspension of that license. That
5person may have his or her license restored only upon the
6determination by a circuit court that the patient is no longer
7subject to involuntary admission or judicial admission and the
8issuance of an order so finding and discharging the patient and
9upon the Board's recommendation to the Department that the
10license be restored. Where circumstances so indicate, the Board
11may recommend to the Department that it require an examination
12prior to restoring a suspended license.
13    If the Department or Board finds an individual unable to
14practice because of the reasons set forth in this Section, the
15Department or Board may require that individual to submit to
16care, counseling, or treatment by physicians approved or
17designated by the Department or Board, as a condition, term, or
18restriction for continued, reinstated, or renewed licensure to
19practice; or, in lieu of care, counseling, or treatment, the
20Department may file, or the Board may recommend to the
21Department to file, a complaint to immediately suspend, revoke,
22or otherwise discipline the license of the individual. An
23individual whose license was granted, continued, reinstated,
24renewed, disciplined or supervised subject to such terms,
25conditions, or restrictions, and who fails to comply with such
26terms, conditions, or restrictions, shall be referred to the

 

 

HB3395- 385 -LRB100 06973 SMS 17024 b

1Secretary for a determination as to whether the individual
2shall have his or her license suspended immediately, pending a
3hearing by the Department. In instances in which the Secretary
4immediately suspends a person's license under this Section, a
5hearing on that person's license must be convened by the
6Department within 21 days after the suspension and completed
7without appreciable delay. The Department and Board shall have
8the authority to review the subject individual's record of
9treatment and counseling regarding the impairment to the extent
10permitted by applicable federal statutes and regulations
11safeguarding the confidentiality of medical records.
12    An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department or Board that he or she can resume practice in
15compliance with acceptable and prevailing standards under the
16provisions of his or her license.
17    In enforcing this Section, the Department or Board, upon a
18showing of a possible violation, may compel an individual
19licensed to practice under this Act, or who has applied for
20licensure under this Act, to submit to a mental or physical
21examination, or both, as required by and at the expense of the
22Department. The Department or Board may order the examining
23physician to present testimony concerning the mental or
24physical examination of the licensee or applicant. No
25information shall be excluded by reason of any common law or
26statutory privilege relating to communications between the

 

 

HB3395- 386 -LRB100 06973 SMS 17024 b

1licensee or applicant and the examining physician. The
2examining physicians shall be specifically designated by the
3Board or Department. The individual to be examined may have, at
4his or her own expense, another physician of his or her choice
5present during all aspects of this examination. Failure of an
6individual to submit to a mental or physical examination when
7directed shall be grounds for suspension of his or her license
8until the individual submits to the examination, if the
9Department finds that, after notice and hearing, the refusal to
10submit to the examination was without reasonable cause.
11(Source: P.A. 98-553, eff. 1-1-14.)
 
12    Section 250. The Barber, Cosmetology, Esthetics, Hair
13Braiding, and Nail Technology Act of 1985 is amended by
14changing Section 4-7 as follows:
 
15    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
16    (Section scheduled to be repealed on January 1, 2026)
17    Sec. 4-7. Refusal, suspension and revocation of licenses;
18causes; disciplinary action.
19    (1) The Department may refuse to issue or renew, and may
20suspend, revoke, place on probation, reprimand or take any
21other disciplinary or non-disciplinary action as the
22Department may deem proper, including civil penalties not to
23exceed $500 for each violation, with regard to any license for
24any one, or any combination, of the following causes:

 

 

HB3395- 387 -LRB100 06973 SMS 17024 b

1        a. For licensees, conviction of any crime under the
2    laws of the United States or any state or territory thereof
3    that is (i) a felony, (ii) a misdemeanor, an essential
4    element of which is dishonesty, or (iii) a crime which is
5    related to the practice of the profession and, for initial
6    applicants, convictions set forth in Section 4-6.1 of this
7    Act.
8        b. Conviction of any of the violations listed in
9    Section 4-20.
10        c. Material misstatement in furnishing information to
11    the Department.
12        d. Making any misrepresentation for the purpose of
13    obtaining a license or violating any provision of this Act
14    or its rules.
15        e. Aiding or assisting another person in violating any
16    provision of this Act or its rules.
17        f. Failing, within 60 days, to provide information in
18    response to a written request made by the Department.
19        g. Discipline by another state, territory, or country
20    if at least one of the grounds for the discipline is the
21    same as or substantially equivalent to those set forth in
22    this Act.
23        h. Practice in the barber, nail technology, esthetics,
24    hair braiding, or cosmetology profession, or an attempt to
25    practice in those professions, by fraudulent
26    misrepresentation.

 

 

HB3395- 388 -LRB100 06973 SMS 17024 b

1        i. Gross malpractice or gross incompetency.
2        j. Continued practice by a person knowingly having an
3    infectious or contagious disease.
4        k. Solicitation of professional services by using
5    false or misleading advertising.
6        l. A finding by the Department that the licensee, after
7    having his or her license placed on probationary status,
8    has violated the terms of probation.
9        m. Directly or indirectly giving to or receiving from
10    any person, firm, corporation, partnership or association
11    any fee, commission, rebate, or other form of compensation
12    for any professional services not actually or personally
13    rendered.
14        n. Violating any of the provisions of this Act or rules
15    adopted pursuant to this Act.
16        o. Willfully making or filing false records or reports
17    relating to a licensee's practice, including but not
18    limited to, false records filed with State agencies or
19    departments.
20        p. Habitual or excessive use or addiction to alcohol,
21    narcotics, stimulants, or any other chemical agent or drug
22    that results in the inability to practice with reasonable
23    judgment, skill or safety.
24        q. Engaging in dishonorable, unethical or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public as may be defined by rules of

 

 

HB3395- 389 -LRB100 06973 SMS 17024 b

1    the Department, or violating the rules of professional
2    conduct which may be adopted by the Department.
3        r. Permitting any person to use for any unlawful or
4    fraudulent purpose one's diploma or license or certificate
5    of registration as a cosmetologist, nail technician,
6    esthetician, hair braider, or barber or cosmetology, nail
7    technology, esthetics, hair braiding, or barber teacher or
8    salon or shop or cosmetology clinic teacher.
9        s. Being named as a perpetrator in an indicated report
10    by the Department of Children and Family Services under the
11    Abused and Neglected Child Reporting Act and upon proof by
12    clear and convincing evidence that the licensee has caused
13    a child to be an abused child or neglected child as defined
14    in the Abused and Neglected Child Reporting Act.
15        t. Operating a salon or shop without a valid
16    registration.
17        u. Failure to complete required continuing education
18    hours.
19    No consideration shall be given to convictions entered
20prior to the date of the application, where the applicant has
21completed any sentence imposed for that conviction, including
22any period of mandatory supervised release.
23    (2) In rendering an order, the Secretary shall take into
24consideration the facts and circumstances involving the type of
25acts or omissions in paragraph (1) of this Section including,
26but not limited to:

 

 

HB3395- 390 -LRB100 06973 SMS 17024 b

1        (a) the extent to which public confidence in the
2    cosmetology, nail technology, esthetics, hair braiding, or
3    barbering profession was, might have been, or may be,
4    injured;
5        (b) the degree of trust and dependence among the
6    involved parties;
7        (c) the character and degree of harm which did result
8    or might have resulted;
9        (d) the intent or mental state of the licensee at the
10    time of the acts or omissions.
11    (3) The Department may reissue the license or registration
12upon certification by the Board that the disciplined licensee
13or registrant has complied with all of the terms and conditions
14set forth in the final order or has been sufficiently
15rehabilitated to warrant the public trust.
16    (4) The Department shall refuse to issue or renew or
17suspend without hearing the license or certificate of
18registration of any person who fails to file a return, or to
19pay the tax, penalty or interest shown in a filed return, or to
20pay any final assessment of tax, penalty or interest, as
21required by any tax Act administered by the Illinois Department
22of Revenue, until such time as the requirements of any such tax
23Act are satisfied as determined by the Department of Revenue.
24    (5) The Department shall deny without hearing any
25application for a license or renewal of a license under this
26Act by a person who has defaulted on an educational loan

 

 

HB3395- 391 -LRB100 06973 SMS 17024 b

1guaranteed by the Illinois Student Assistance Commission;
2however, the Department may issue or renew a license if the
3person in default has established a satisfactory repayment
4record as determined by the Illinois Student Assistance
5Commission.
6    (6) All fines imposed under this Section shall be paid
7within 60 days after the effective date of the order imposing
8the fine or in accordance with the terms set forth in the order
9imposing the fine.
10(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
1199-876, eff. 1-1-17.)
 
12    Section 255. The Electrologist Licensing Act is amended by
13changing Section 75 as follows:
 
14    (225 ILCS 412/75)
15    (Section scheduled to be repealed on January 1, 2024)
16    Sec. 75. Grounds for discipline.
17    (a) The Department may refuse to issue or renew and may
18revoke or suspend a license under this Act, and may place on
19probation, reprimand, or take other disciplinary or
20non-disciplinary action with regard to any licensee under this
21Act, as the Department may consider appropriate, including
22imposing fines not to exceed $10,000 for each violation and
23assess costs as provided for under Section 95 of this Act, for
24one or any combination of the following causes:

 

 

HB3395- 392 -LRB100 06973 SMS 17024 b

1        (1) Material misstatement in furnishing information to
2    the Department.
3        (2) Violation of this Act or rules adopted under this
4    Act.
5        (3) Conviction by plea of guilty or nolo contendere,
6    finding of guilt, jury verdict, or entry of judgment or
7    sentencing, including, but not limited to, convictions,
8    preceding sentences of supervision, conditional discharge,
9    or first offender probation, under the laws of any
10    jurisdiction of the United States that is (i) a felony or
11    (ii) a misdemeanor, an essential element of which is
12    dishonesty, or that is directly related to the practice of
13    electrology.
14        (4) Fraud or misrepresentation in applying for or
15    procuring a license under this Act, or in connection with
16    applying for renewal of a license under this Act.
17        (5) Aiding or assisting another person in violating any
18    provision of this Act or its rules.
19        (6) Failing to provide information within 60 days in
20    response to a written request made by the Department.
21        (7) Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public.
24        (8) Habitual or excessive use or abuse of drugs defined
25    in law as controlled substances, alcohol, or any other
26    substance that results in an electrologist's inability to

 

 

HB3395- 393 -LRB100 06973 SMS 17024 b

1    practice with reasonable judgment, skill, or safety.
2        (9) Discipline by another governmental agency, unit of
3    government, U.S. jurisdiction, or foreign nation if at
4    least one of the grounds for discipline is the same as or
5    substantially equivalent to any of those set forth in this
6    Act.
7        (10) Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership, or association
9    any fee, commission, rebate, or other form of compensation
10    for any professional services not actually or personally
11    rendered. Nothing in this paragraph (10) affects any bona
12    fide independent contractor or employment arrangements
13    among health care professionals, health facilities, health
14    care providers, or other entities, except as otherwise
15    prohibited by law. Any employment arrangements with health
16    care providers may include provisions for compensation,
17    health insurance, pension, or other employment benefits
18    for the provision of services within the scope of the
19    licensee's practice under this Act. Nothing in this
20    paragraph (10) shall be construed to require an employment
21    arrangement to receive professional fees for services
22    rendered.
23        (11) A finding by the Department that the licensee,
24    after having his or her license placed on probationary
25    status, has violated the terms of probation.
26        (12) Abandonment of a patient.

 

 

HB3395- 394 -LRB100 06973 SMS 17024 b

1        (13) Willfully making or filing false records or
2    reports in the licensee's practice, including, but not
3    limited to, false records filed with State agencies or
4    departments.
5        (14) Mental or physical illness or disability,
6    including, but not limited to, deterioration through the
7    aging process or loss of motor skill that results in the
8    inability to practice the profession with reasonable
9    judgment, skill, or safety.
10        (15) Negligence in his or her practice under this Act.
11        (16) Use of fraud, deception, or any unlawful means in
12    applying for and securing a license as an electrologist.
13        (17) Immoral conduct in the commission of any act, such
14    as sexual abuse, sexual misconduct, or sexual
15    exploitation, related to the licensee's practice.
16        (18) Failure to comply with standards of sterilization
17    and sanitation as defined in the rules of the Department.
18        (19) Charging for professional services not rendered,
19    including filing false statements for the collection of
20    fees for which services are not rendered.
21        (20) Allowing one's license under this Act to be used
22    by an unlicensed person in violation of this Act.
23    No consideration shall be given to convictions entered
24prior to the date of the application, where the applicant has
25completed any sentence imposed for that conviction, including
26any period of mandatory supervised release.

 

 

HB3395- 395 -LRB100 06973 SMS 17024 b

1    (b) The Department may refuse to issue or renew or may
2suspend without hearing the license of any person who fails to
3file a return, to pay the tax, penalty or interest shown in a
4filed return, or to pay any final assessment of the tax,
5penalty, or interest as required by any tax Act administered by
6the Illinois Department of Revenue until the requirements of
7the tax Act are satisfied in accordance with subsection (g) of
8Section 2105-15 of the Department of Professional Regulation
9Law of the Civil Administrative Code of Illinois.
10    (c) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension will
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission,
16the issuance of an order so finding and discharging the
17patient, and the filing of a petition for restoration
18demonstrating fitness to practice.
19    (d) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel any individual who
21is licensed to practice under this Act or any individual who
22has applied for licensure to submit to a mental or physical
23examination and evaluation, or both, that may include a
24substance abuse or sexual offender evaluation, at the expense
25of the Department. The Department shall specifically designate
26the examining physician licensed to practice medicine in all of

 

 

HB3395- 396 -LRB100 06973 SMS 17024 b

1its branches or, if applicable, the multidisciplinary team
2involved in providing the mental or physical examination and
3evaluation, or both. The multidisciplinary team shall be led by
4a physician licensed to practice medicine in all of its
5branches and may consist of one or more or a combination of
6physicians licensed to practice medicine in all of its
7branches, licensed chiropractic physicians, licensed clinical
8psychologists, licensed clinical social workers, licensed
9clinical professional counselors, and other professional and
10administrative staff. Any examining physician or member of the
11multidisciplinary team may require any person ordered to submit
12to an examination and evaluation pursuant to this Section to
13submit to any additional supplemental testing deemed necessary
14to complete any examination or evaluation process, including,
15but not limited to, blood testing, urinalysis, psychological
16testing, or neuropsychological testing.
17    The Department may order the examining physician or any
18member of the multidisciplinary team to provide to the
19Department any and all records, including business records,
20that relate to the examination and evaluation, including any
21supplemental testing performed. The Department may order the
22examining physician or any member of the multidisciplinary team
23to present testimony concerning this examination and
24evaluation of the licensee, permit holder, or applicant,
25including testimony concerning any supplemental testing or
26documents relating to the examination and evaluation. No

 

 

HB3395- 397 -LRB100 06973 SMS 17024 b

1information, report, record, or other documents in any way
2related to the examination and evaluation shall be excluded by
3reason of any common law or statutory privilege relating to
4communication between the licensee or applicant and the
5examining physician or any member of the multidisciplinary
6team. No authorization is necessary from the licensee or
7applicant ordered to undergo an evaluation and examination for
8the examining physician or any member of the multidisciplinary
9team to provide information, reports, records, or other
10documents or to provide any testimony regarding the examination
11and evaluation. The individual to be examined may have, at his
12or her own expense, another physician of his or her choice
13present during all aspects of the examination.
14    Failure of any individual to submit to mental or physical
15examination and evaluation, or both, when directed, shall
16result in an automatic suspension without hearing, until such
17time as the individual submits to the examination. If the
18Department finds a licensee unable to practice because of the
19reasons set forth in this Section, the Department shall require
20the licensee to submit to care, counseling, or treatment by
21physicians approved or designated by the Department as a
22condition for continued, reinstated, or renewed licensure to
23practice.
24    When the Secretary immediately suspends a license under
25this Section, a hearing upon the person's license must be
26convened by the Department within 15 days after the suspension

 

 

HB3395- 398 -LRB100 06973 SMS 17024 b

1and completed without appreciable delay. The Department shall
2have the authority to review the licensee's record of treatment
3and counseling regarding the impairment to the extent permitted
4by applicable federal statutes and regulations safeguarding
5the confidentiality of medical records.
6    Individuals licensed under this Act affected under this
7Section shall be afforded an opportunity to demonstrate to the
8Department that they can resume practice in compliance with
9acceptable and prevailing standards under the provisions of
10their license.
11    (e) The Department shall deny a license or renewal
12authorized by this Act to a person who has defaulted on an
13educational loan or scholarship provided or guaranteed by the
14Illinois Student Assistance Commission or any governmental
15agency of this State in accordance with item (5) of subsection
16(a) of Section 2105-15 of the Department of Professional
17Regulation Law of the Civil Administrative Code of Illinois.
18    (f) In cases where the Department of Healthcare and Family
19Services has previously determined a licensee or a potential
20licensee is more than 30 days delinquent in the payment of
21child support and has subsequently certified the delinquency to
22the Department, the Department may refuse to issue or renew or
23may revoke or suspend that person's license or may take other
24disciplinary action against that person based solely upon the
25certification of delinquency made by the Department of
26Healthcare and Family Services in accordance with item (5) of

 

 

HB3395- 399 -LRB100 06973 SMS 17024 b

1subsection (a) of Section 2105-15 of the Department of
2Professional Regulation Law of the Civil Administrative Code of
3Illinois.
4    (g) All fines or costs imposed under this Section shall be
5paid within 60 days after the effective date of the order
6imposing the fine or costs or in accordance with the terms set
7forth in the order imposing the fine.
8(Source: P.A. 98-363, eff. 8-16-13.)
 
9    Section 260. The Illinois Certified Shorthand Reporters
10Act of 1984 is amended by changing Section 23 as follows:
 
11    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 23. Grounds for disciplinary action.
14    (a) The Department may refuse to issue or renew, or may
15revoke, suspend, place on probation, reprimand or take other
16disciplinary or non-disciplinary action as the Department may
17deem appropriate, including imposing fines not to exceed
18$10,000 for each violation and the assessment of costs as
19provided for in Section 23.3 of this Act, with regard to any
20license for any one or combination of the following:
21        (1) Material misstatement in furnishing information to
22    the Department;
23        (2) Violations of this Act, or of the rules promulgated
24    thereunder;

 

 

HB3395- 400 -LRB100 06973 SMS 17024 b

1        (3) Conviction by plea of guilty or nolo contendere,
2    finding of guilt, jury verdict, or entry of judgment or by
3    sentencing of any crime, including, but not limited to,
4    convictions, preceding sentences of supervision,
5    conditional discharge, or first offender probation under
6    the laws of any jurisdiction of the United States: (i) that
7    is a felony or (ii) that is a misdemeanor, an essential
8    element of which is dishonesty, or that is directly related
9    to the practice of the profession;
10        (4) Fraud or any misrepresentation in applying for or
11    procuring a license under this Act or in connection with
12    applying for renewal of a license under this Act;
13        (5) Professional incompetence;
14        (6) Aiding or assisting another person, firm,
15    partnership or corporation in violating any provision of
16    this Act or rules;
17        (7) Failing, within 60 days, to provide information in
18    response to a written request made by the Department;
19        (8) Engaging in dishonorable, unethical or
20    unprofessional conduct of a character likely to deceive,
21    defraud or harm the public;
22        (9) Habitual or excessive use or abuse of drugs defined
23    in law as controlled substances, alcohol, or any other
24    substances that results in the inability to practice with
25    reasonable judgment, skill, or safety;
26        (10) Discipline by another state, unit of government,

 

 

HB3395- 401 -LRB100 06973 SMS 17024 b

1    government agency, the District of Columbia, a territory,
2    or foreign nation, if at least one of the grounds for the
3    discipline is the same or substantially equivalent to those
4    set forth herein;
5        (11) Charging for professional services not rendered,
6    including filing false statements for the collection of
7    fees for which services were not rendered, or giving,
8    directly or indirectly, any gift or anything of value to
9    attorneys or their staff or any other persons or entities
10    associated with any litigation, that exceeds $100 total per
11    year; for the purposes of this Section, pro bono services,
12    as defined by State law, are permissible in any amount;
13        (12) A finding by the Board that the certificate
14    holder, after having his certificate placed on
15    probationary status, has violated the terms of probation;
16        (13) Willfully making or filing false records or
17    reports in the practice of shorthand reporting, including
18    but not limited to false records filed with State agencies
19    or departments;
20        (14) Physical illness, including but not limited to,
21    deterioration through the aging process, or loss of motor
22    skill which results in the inability to practice under this
23    Act with reasonable judgment, skill or safety;
24        (15) Solicitation of professional services other than
25    by permitted advertising;
26        (16) Willful failure to take full and accurate

 

 

HB3395- 402 -LRB100 06973 SMS 17024 b

1    stenographic notes of any proceeding;
2        (17) Willful alteration of any stenographic notes
3    taken at any proceeding;
4        (18) Willful failure to accurately transcribe verbatim
5    any stenographic notes taken at any proceeding;
6        (19) Willful alteration of a transcript of
7    stenographic notes taken at any proceeding;
8        (20) Affixing one's signature to any transcript of his
9    stenographic notes or certifying to its correctness unless
10    the transcript has been prepared by him or under his
11    immediate supervision;
12        (21) Willful failure to systematically retain
13    stenographic notes or transcripts on paper or any
14    electronic media for 10 years from the date that the notes
15    or transcripts were taken;
16        (22) Failure to deliver transcripts in a timely manner
17    or in accordance with contractual agreements;
18        (23) Establishing contingent fees as a basis of
19    compensation;
20        (24) Mental illness or disability that results in the
21    inability to practice under this Act with reasonable
22    judgment, skill, or safety;
23        (25) Practicing under a false or assumed name, except
24    as provided by law;
25        (26) Cheating on or attempting to subvert the licensing
26    examination administered under this Act;

 

 

HB3395- 403 -LRB100 06973 SMS 17024 b

1        (27) Allowing one's license under this Act to be used
2    by an unlicensed person in violation of this Act.
3    No consideration shall be given to convictions entered
4prior to the date of the application, where the applicant has
5completed any sentence imposed for that conviction, including
6any period of mandatory supervised release.
7    All fines imposed under this Section shall be paid within
860 days after the effective date of the order imposing the fine
9or in accordance with the terms set forth in the order imposing
10the fine.
11    (b) The determination by a circuit court that a certificate
12holder is subject to involuntary admission or judicial
13admission as provided in the Mental Health and Developmental
14Disabilities Code, operates as an automatic suspension. Such
15suspension will end only upon a finding by a court that the
16patient is no longer subject to involuntary admission or
17judicial admission, an order by the court so finding and
18discharging the patient. In any case where a license is
19suspended under this Section, the licensee may file a petition
20for restoration and shall include evidence acceptable to the
21Department that the licensee can resume practice in compliance
22with acceptable and prevailing standards of the profession.
23    (c) In cases where the Department of Healthcare and Family
24Services has previously determined a licensee or a potential
25licensee is more than 30 days delinquent in the payment of
26child support and has subsequently certified the delinquency to

 

 

HB3395- 404 -LRB100 06973 SMS 17024 b

1the Department, the Department may refuse to issue or renew or
2may revoke or suspend that person's license or may take other
3disciplinary action against that person based solely upon the
4certification of delinquency made by the Department of
5Healthcare and Family Services in accordance with item (5) of
6subsection (a) of Section 2105-15 of the Civil Administrative
7Code of Illinois.
8    (d) In enforcing this Section, the Department, upon a
9showing of a possible violation, may compel any individual who
10is certified under this Act or any individual who has applied
11for certification under this Act to submit to a mental or
12physical examination and evaluation, or both, which may include
13a substance abuse or sexual offender evaluation, at the expense
14of the Department. The Department shall specifically designate
15the examining physician licensed to practice medicine in all of
16its branches or, if applicable, the multidisciplinary team
17involved in providing the mental or physical examination and
18evaluation, or both. The multidisciplinary team shall be led by
19a physician licensed to practice medicine in all of its
20branches and may consist of one or more or a combination of
21physicians licensed to practice medicine in all of its
22branches, licensed chiropractic physicians, licensed clinical
23psychologists, licensed clinical social workers, licensed
24clinical professional counselors, and other professional and
25administrative staff. Any examining physician or member of the
26multidisciplinary team may require any person ordered to submit

 

 

HB3395- 405 -LRB100 06973 SMS 17024 b

1to an examination and evaluation pursuant to this Section to
2submit to any additional supplemental testing deemed necessary
3to complete any examination or evaluation process, including,
4but not limited to, blood testing, urinalysis, psychological
5testing, or neuropsychological testing.
6    The Department may order the examining physician or any
7member of the multidisciplinary team to provide to the
8Department any and all records, including business records,
9that relate to the examination and evaluation, including any
10supplemental testing performed. The Department may order the
11examining physician or any member of the multidisciplinary team
12to present testimony concerning this examination and
13evaluation of the certified shorthand reporter or applicant,
14including testimony concerning any supplemental testing or
15documents relating to the examination and evaluation. No
16information, report, record, or other documents in any way
17related to the examination and evaluation shall be excluded by
18reason of any common law or statutory privilege relating to
19communication between the licensee or applicant and the
20examining physician or any member of the multidisciplinary
21team. No authorization is necessary from the certified
22shorthand reporter or applicant ordered to undergo an
23evaluation and examination for the examining physician or any
24member of the multidisciplinary team to provide information,
25reports, records, or other documents or to provide any
26testimony regarding the examination and evaluation. The

 

 

HB3395- 406 -LRB100 06973 SMS 17024 b

1individual to be examined may have, at his or her own expense,
2another physician of his or her choice present during all
3aspects of the examination.
4    Failure of any individual to submit to mental or physical
5examination and evaluation, or both, when directed, shall
6result in an automatic suspension, without hearing, until such
7time as the individual submits to the examination. If the
8Department finds a certified shorthand reporter unable to
9practice because of the reasons set forth in this Section, the
10Department shall require the certified shorthand reporter to
11submit to care, counseling, or treatment by physicians approved
12or designated by the Department, as a condition for continued,
13reinstated, or renewed certification.
14    When the Secretary immediately suspends a certificate
15under this Section, a hearing upon the person's certificate
16must be convened by the Department within 15 days after the
17suspension and completed without appreciable delay. The
18Department shall have the authority to review the certified
19shorthand reporter's record of treatment and counseling
20regarding the impairment, to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
23    Individuals certified under this Act, affected under this
24Section, shall be afforded an opportunity to demonstrate to the
25Department that they can resume practice in compliance with
26acceptable and prevailing standards under the provisions of

 

 

HB3395- 407 -LRB100 06973 SMS 17024 b

1their certification.
2    (e) The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with item (5) of subsection
7(a) of Section 2105-15 of the Civil Administrative Code of
8Illinois.
9    (f) The Department may refuse to issue or may suspend
10without hearing, as provided for in the Code of Civil
11Procedure, the license of any person who fails to file a
12return, to pay the tax, penalty, or interest shown in a filed
13return, or to pay any final assessment of tax, penalty, or
14interest as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied in accordance
17with subsection (g) of Section 2105-15 of the Civil
18Administrative Code of Illinois.
19(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
 
20    Section 265. The Child Protective Investigator and Child
21Welfare Specialist Certification Act of 1987 is amended by
22changing Section 9 as follows:
 
23    (225 ILCS 420/9)  (from Ch. 111, par. 7659)
24    Sec. 9. (a) The Department may refuse to certify, or may

 

 

HB3395- 408 -LRB100 06973 SMS 17024 b

1revoke, suspend, place on probation, censure, reprimand or take
2other disciplinary action against a certification status in
3accordance with grievance and due process procedures
4applicable to existing collective bargaining agreements for
5any of the following reasons:
6    (1) material misstatement in furnishing information to the
7Department;
8    (2) willfully violating this Act, or of the rules
9promulgated thereunder;
10    (3) conviction of any crime under the laws of the United
11States or any state or territory thereof which is a felony or
12which is a misdemeanor, an essential element of which is
13dishonesty, or of any crime which is directly related to the
14duties of a child protective investigator or a child welfare
15specialist;
16    (4) making any misrepresentation for the purpose of
17obtaining certification;
18    (5) having demonstrated incompetence to act as a child
19protective investigator or child welfare specialist in such a
20manner as to endanger the safety of the public;
21    (6) willfully aiding or assisting another person in
22violating any provisions of this Act or rules;
23    (7) engaging in unethical or unprofessional conduct of a
24character likely to deceive, defraud or harm the public;
25    (8) willfully making or filing false records or reports in
26the capacity of a child protective investigator or child

 

 

HB3395- 409 -LRB100 06973 SMS 17024 b

1welfare specialist, including but not limited to false records
2filed with the State agencies or department;
3    (9) physical or mental deterioration which results in the
4inability to perform the duties of the profession with
5reasonable judgment, skill or safety as determined by a
6qualified physician;
7    (10) gross negligence;
8    (11) accepting commissions or rebates or other forms of
9remuneration for referring persons to other professionals,
10persons or institutions, during the course of duties.
11    No consideration shall be given to convictions entered
12prior to the date of the application, where the applicant has
13completed any sentence imposed for that conviction, including
14any period of mandatory supervised release.
15    (b) The determination by a circuit court that a certified
16child protective investigator or child welfare specialist is
17subject to involuntary admission or judicial admission as
18provided in the Mental Health and Developmental Disabilities
19Code, as now or hereafter amended, operates as an automatic
20suspension. Such suspension will end only upon a release of the
21patient from such involuntary admission or judicial admission.
22(Source: P.A. 90-655, eff. 7-30-98.)
 
23    Section 270. The Collateral Recovery Act is amended by
24changing Section 80 as follows:
 

 

 

HB3395- 410 -LRB100 06973 SMS 17024 b

1    (225 ILCS 422/80)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 80. Refusal, revocation, or suspension.
4    (a) The Commission may refuse to issue or renew or may
5revoke any license or recovery permit or may suspend, place on
6probation, fine, or take any disciplinary action that the
7Commission may deem proper, including fines not to exceed
8$2,500 for each violation, with regard to any license holder or
9recovery permit holder for one or any combination of the
10following causes:
11        (1) Knowingly making any misrepresentation for the
12    purpose of obtaining a license or recovery permit.
13        (2) Violations of this Act or its rules.
14        (3) Conviction of any crime under the laws of the
15    United States or any state or territory thereof that is (i)
16    a felony, (ii) a misdemeanor, an essential element of which
17    is dishonesty, or (iii) a crime that is related to the
18    practice of the profession.
19        (4) Aiding or abetting another in violating any
20    provision of this Act or its rules.
21        (5) Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public as defined by rule.
24        (6) Violation of any court order from any State or
25    public agency engaged in the enforcement of payment of
26    child support arrearages or for noncompliance with certain

 

 

HB3395- 411 -LRB100 06973 SMS 17024 b

1    processes relating to paternity or support proceeding.
2        (7) Solicitation of professional services by using
3    false or misleading advertising.
4        (8) A finding that the license or recovery permit was
5    obtained by fraudulent means.
6        (9) Practicing or attempting to practice under a name
7    other than the full name shown on the license or recovery
8    permit or any other legally authorized name.
9    No consideration shall be given to convictions entered
10prior to the date of the application, where the applicant has
11completed any sentence imposed for that conviction, including
12any period of mandatory supervised release.
13    (b) The Commission may refuse to issue or may suspend the
14license or recovery permit of any person or entity who fails to
15file a return, pay the tax, penalty, or interest shown in a
16filed return, or pay any final assessment of tax, penalty, or
17interest, as required by any tax Act administered by the
18Department of Revenue, until the time the requirements of the
19tax Act are satisfied. The Commission may take into
20consideration any pending tax disputes properly filed with the
21Department of Revenue.
22(Source: P.A. 97-576, eff. 7-1-12.)
 
23    Section 275. The Collection Agency Act is amended by
24changing Section 9 as follows:
 

 

 

HB3395- 412 -LRB100 06973 SMS 17024 b

1    (225 ILCS 425/9)  (from Ch. 111, par. 2012)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 9. Disciplinary actions.
4    (a) The Department may refuse to issue or renew, or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary or non-disciplinary action as the Department may
7deem proper, including fines not to exceed $10,000 per
8violation, for any one or any combination of the following
9causes:
10        (1) Material misstatement in furnishing information to
11    the Department.
12        (2) Violations of this Act or of the rules promulgated
13    hereunder.
14        (3) Conviction by plea of guilty or nolo contendere,
15    finding of guilt, jury verdict, or entry of judgment or by
16    sentencing of any crime, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation of the
19    collection agency or any of the officers or owners of more
20    than 10% interest of the agency of any crime under the laws
21    of any U.S. jurisdiction that (i) is a felony, (ii) is a
22    misdemeanor, an essential element of which is dishonesty,
23    or (iii) is directly related to the practice of a
24    collection agency.
25        (4) Fraud or misrepresentation in applying for, or
26    procuring, a license under this Act or in connection with

 

 

HB3395- 413 -LRB100 06973 SMS 17024 b

1    applying for renewal of a license under this Act.
2        (5) Aiding or assisting another person in violating any
3    provision of this Act or rules adopted under this Act.
4        (6) Failing, within 60 days, to provide information in
5    response to a written request made by the Department.
6        (7) Habitual or excessive use or addiction to alcohol,
7    narcotics, stimulants or any other chemical agent or drug
8    which results in the inability to practice with reasonable
9    judgment, skill, or safety by any of the officers or owners
10    of 10% or more interest of a collection agency.
11        (8) Discipline by another state, the District of
12    Columbia, a territory of the United States, or a foreign
13    nation, if at least one of the grounds for the discipline
14    is the same or substantially equivalent to those set forth
15    in this Act.
16        (9) A finding by the Department that the licensee,
17    after having his license placed on probationary status, has
18    violated the terms of probation.
19        (10) Willfully making or filing false records or
20    reports in his or her practice, including, but not limited
21    to, false records filed with State agencies or departments.
22        (11) Practicing or attempting to practice under a false
23    or, except as provided by law, an assumed name.
24        (12) A finding by the Federal Trade Commission that a
25    licensee violated the federal Fair Debt Collection
26    Practices Act or its rules.

 

 

HB3395- 414 -LRB100 06973 SMS 17024 b

1        (13) Failure to file a return, or to pay the tax,
2    penalty or interest shown in a filed return, or to pay any
3    final assessment of tax, penalty or interest, as required
4    by any tax Act administered by the Illinois Department of
5    Revenue until such time as the requirements of any such tax
6    Act are satisfied.
7        (14) Using or threatening to use force or violence to
8    cause physical harm to a debtor, his or her family or his
9    or her property.
10        (15) Threatening to instigate an arrest or criminal
11    prosecution where no basis for a criminal complaint
12    lawfully exists.
13        (16) Threatening the seizure, attachment or sale of a
14    debtor's property where such action can only be taken
15    pursuant to court order without disclosing that prior court
16    proceedings are required.
17        (17) Disclosing or threatening to disclose information
18    adversely affecting a debtor's reputation for credit
19    worthiness with knowledge the information is false.
20        (18) Initiating or threatening to initiate
21    communication with a debtor's employer unless there has
22    been a default of the payment of the obligation for at
23    least 30 days and at least 5 days prior written notice, to
24    the last known address of the debtor, of the intention to
25    communicate with the employer has been given to the
26    employee, except as expressly permitted by law or court

 

 

HB3395- 415 -LRB100 06973 SMS 17024 b

1    order.
2         (19) Communicating with the debtor or any member of
3    the debtor's family at such a time of day or night and with
4    such frequency as to constitute harassment of the debtor or
5    any member of the debtor's family. For purposes of this
6    Section the following conduct shall constitute harassment:
7             (A) Communicating with the debtor or any member of
8        his or her family in connection with the collection of
9        any debt without the prior consent of the debtor given
10        directly to the debt collector, or the express
11        permission of a court of competent jurisdiction, at any
12        unusual time or place or a time or place known or which
13        should be known to be inconvenient to the debtor. In
14        the absence of knowledge of circumstances to the
15        contrary, a debt collector shall assume that the
16        convenient time for communicating with a consumer is
17        after 8 o'clock a.m. and before 9 o'clock p.m. local
18        time at the debtor's location.
19             (B) The threat of publication or publication of a
20        list of consumers who allegedly refuse to pay debts,
21        except to a consumer reporting agency.
22            (C) The threat of advertisement or advertisement
23        for sale of any debt to coerce payment of the debt.
24            (D) Causing a telephone to ring or engaging any
25        person in telephone conversation repeatedly or
26        continuously with intent to annoy, abuse, or harass any

 

 

HB3395- 416 -LRB100 06973 SMS 17024 b

1        person at the called number.
2        (20) Using profane, obscene or abusive language in
3    communicating with a debtor, his or her family or others.
4        (21) Disclosing or threatening to disclose information
5    relating to a debtor's debt to any other person except
6    where such other person has a legitimate business need for
7    the information or except where such disclosure is
8    permitted by law.
9        (22) Disclosing or threatening to disclose information
10    concerning the existence of a debt which the collection
11    agency knows to be disputed by the debtor without
12    disclosing the fact that the debtor disputes the debt.
13        (23) Engaging in any conduct that is intended to cause
14    and did cause mental or physical illness to the debtor or
15    his or her family.
16        (24) Attempting or threatening to enforce a right or
17    remedy with knowledge or reason to know that the right or
18    remedy does not exist.
19        (25) Failing to disclose to the debtor or his or her
20    family the corporate, partnership or proprietary name, or
21    other trade or business name, under which the collection
22    agency is engaging in debt collections and which he or she
23    is legally authorized to use.
24        (26) Using any form of communication which simulates
25    legal or judicial process or which gives the appearance of
26    being authorized, issued or approved by a governmental

 

 

HB3395- 417 -LRB100 06973 SMS 17024 b

1    agency or official or by an attorney at law when it is not.
2        (27) Using any badge, uniform, or other indicia of any
3    governmental agency or official except as authorized by
4    law.
5        (28) Conducting business under any name or in any
6    manner which suggests or implies that the collection agency
7    is a branch of or is affiliated in any way with a
8    governmental agency or court if such collection agency is
9    not.
10        (29) Failing to disclose, at the time of making any
11    demand for payment, the name of the person to whom the debt
12    is owed and at the request of the debtor, the address where
13    payment is to be made and the address of the person to whom
14    the debt is owed.
15        (30) Misrepresenting the amount of the debt alleged to
16    be owed.
17        (31) Representing that an existing debt may be
18    increased by the addition of attorney's fees,
19    investigation fees or any other fees or charges when such
20    fees or charges may not legally be added to the existing
21    debt.
22        (32) Representing that the collection agency is an
23    attorney at law or an agent for an attorney if he or she is
24    not.
25        (33) Collecting or attempting to collect any interest
26    or other charge or fee in excess of the actual debt unless

 

 

HB3395- 418 -LRB100 06973 SMS 17024 b

1    such interest or other charge or fee is expressly
2    authorized by the agreement creating the debt unless
3    expressly authorized by law or unless in a commercial
4    transaction such interest or other charge or fee is
5    expressly authorized in a subsequent agreement. If a
6    contingency or hourly fee arrangement (i) is established
7    under an agreement between a collection agency and a
8    creditor to collect a debt and (ii) is paid by a debtor
9    pursuant to a contract between the debtor and the creditor,
10    then that fee arrangement does not violate this Section
11    unless the fee is unreasonable. The Department shall
12    determine what constitutes a reasonable collection fee.
13        (34) Communicating or threatening to communicate with
14    a debtor when the collection agency is informed in writing
15    by an attorney that the attorney represents the debtor
16    concerning the debt. If the attorney fails to respond
17    within a reasonable period of time, the collector may
18    communicate with the debtor. The collector may communicate
19    with the debtor when the attorney gives his or her consent.
20        (35) Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public.
23    No consideration shall be given to convictions entered
24prior to the date of the application, where the applicant has
25completed any sentence imposed for that conviction, including
26any period of mandatory supervised release.

 

 

HB3395- 419 -LRB100 06973 SMS 17024 b

1    (b) The Department shall deny any license or renewal
2authorized by this Act to any person who has defaulted on an
3educational loan guaranteed by the Illinois State Scholarship
4Commission; however, the Department may issue a license or
5renewal if the person in default has established a satisfactory
6repayment record as determined by the Illinois State
7Scholarship Commission.
8    No collection agency while collecting or attempting to
9collect a debt shall engage in any of the Acts specified in
10this Section, each of which shall be unlawful practice.
11(Source: P.A. 99-227, eff. 8-3-15.)
 
12    Section 280. The Community Association Manager Licensing
13and Disciplinary Act is amended by changing Sections 85 as
14follows:
 
15    (225 ILCS 427/85)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 85. Grounds for discipline; refusal, revocation, or
18suspension.
19    (a) The Department may refuse to issue or renew a license,
20or may place on probation, reprimand, suspend, or revoke any
21license, or take any other disciplinary or non-disciplinary
22action as the Department may deem proper and impose a fine not
23to exceed $10,000 for each violation upon any licensee or
24applicant under this Act or any person or entity who holds

 

 

HB3395- 420 -LRB100 06973 SMS 17024 b

1himself, herself, or itself out as an applicant or licensee for
2any one or combination of the following causes:
3        (1) Material misstatement in furnishing information to
4    the Department.
5        (2) Violations of this Act or its rules.
6        (3) Conviction of or entry of a plea of guilty or plea
7    of nolo contendere to a felony or a misdemeanor under the
8    laws of the United States, any state, or any other
9    jurisdiction or entry of an administrative sanction by a
10    government agency in this State or any other jurisdiction.
11    Action taken under this paragraph (3) for a misdemeanor or
12    an administrative sanction is limited to a misdemeanor or
13    administrative sanction that has as an essential element
14    dishonesty or fraud, that involves larceny, embezzlement,
15    or obtaining money, property, or credit by false pretenses
16    or by means of a confidence game, or that is directly
17    related to the practice of the profession.
18        (4) Making any misrepresentation for the purpose of
19    obtaining a license or violating any provision of this Act
20    or its rules.
21        (5) Professional incompetence.
22        (6) Gross negligence.
23        (7) Aiding or assisting another person in violating any
24    provision of this Act or its rules.
25        (8) Failing, within 30 days, to provide information in
26    response to a request made by the Department.

 

 

HB3395- 421 -LRB100 06973 SMS 17024 b

1        (9) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud or harm the public as defined by the rules of the
4    Department, or violating the rules of professional conduct
5    adopted by the Department.
6        (10) Habitual or excessive use or addiction to alcohol,
7    narcotics, stimulants, or any other chemical agent or drug
8    that results in the inability to practice with reasonable
9    judgment, skill, or safety.
10        (11) Having been disciplined by another state, the
11    District of Columbia, a territory, a foreign nation, or a
12    governmental agency authorized to impose discipline if at
13    least one of the grounds for the discipline is the same or
14    substantially equivalent of one of the grounds for which a
15    licensee may be disciplined under this Act. A certified
16    copy of the record of the action by the other state or
17    jurisdiction shall be prima facie evidence thereof.
18        (12) Directly or indirectly giving to or receiving from
19    any person, firm, corporation, partnership or association
20    any fee, commission, rebate, or other form of compensation
21    for any professional services not actually or personally
22    rendered.
23        (13) A finding by the Department that the licensee,
24    after having his, her, or its license placed on
25    probationary status, has violated the terms of probation.
26        (14) Willfully making or filing false records or

 

 

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1    reports relating to a licensee's practice, including but
2    not limited to false records filed with any State or
3    federal agencies or departments.
4        (15) Being named as a perpetrator in an indicated
5    report by the Department of Children and Family Services
6    under the Abused and Neglected Child Reporting Act and upon
7    proof by clear and convincing evidence that the licensee
8    has caused a child to be an abused child or neglected child
9    as defined in the Abused and Neglected Child Reporting Act.
10        (16) Physical illness or mental illness or impairment,
11    including, but not limited to, deterioration through the
12    aging process or loss of motor skill that results in the
13    inability to practice the profession with reasonable
14    judgment, skill, or safety.
15        (17) Solicitation of professional services by using
16    false or misleading advertising.
17        (18) A finding that licensure has been applied for or
18    obtained by fraudulent means.
19        (19) Practicing or attempting to practice under a name
20    other than the full name as shown on the license or any
21    other legally authorized name.
22        (20) Gross overcharging for professional services
23    including, but not limited to, (i) collection of fees or
24    moneys for services that are not rendered; and (ii)
25    charging for services that are not in accordance with the
26    contract between the licensee and the community

 

 

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1    association.
2        (21) Improper commingling of personal and client funds
3    in violation of this Act or any rules promulgated thereto.
4        (22) Failing to account for or remit any moneys or
5    documents coming into the licensee's possession that
6    belong to another person or entity.
7        (23) Giving differential treatment to a person that is
8    to that person's detriment because of race, color, creed,
9    sex, religion, or national origin.
10        (24) Performing and charging for services without
11    reasonable authorization to do so from the person or entity
12    for whom service is being provided.
13        (25) Failing to make available to the Department, upon
14    request, any books, records, or forms required by this Act.
15        (26) Purporting to be a supervising community
16    association manager of a firm without active participation
17    in the firm.
18        (27) Failing to make available to the Department at the
19    time of the request any indicia of licensure or
20    registration issued under this Act.
21        (28) Failing to maintain and deposit funds belonging to
22    a community association in accordance with subsection (b)
23    of Section 55 of this Act.
24        (29) Violating the terms of a disciplinary order issued
25    by the Department.
26    No consideration shall be given to convictions entered

 

 

HB3395- 424 -LRB100 06973 SMS 17024 b

1prior to the date of the application, where the applicant has
2completed any sentence imposed for that conviction, including
3any period of mandatory supervised release.
4    (b) In accordance with subdivision (a)(5) of Section
52105-15 of the Department of Professional Regulation Law of the
6Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
7the Department shall deny a license or renewal authorized by
8this Act to a person who has defaulted on an educational loan
9or scholarship provided or guaranteed by the Illinois Student
10Assistance Commission or any governmental agency of this State.
11    (c) The determination by a circuit court that a licensee is
12subject to involuntary admission or judicial admission, as
13provided in the Mental Health and Developmental Disabilities
14Code, operates as an automatic suspension. The suspension will
15terminate only upon a finding by a court that the patient is no
16longer subject to involuntary admission or judicial admission
17and the issuance of an order so finding and discharging the
18patient, and upon the recommendation of the Board to the
19Secretary that the licensee be allowed to resume his or her
20practice as a licensed community association manager.
21    (d) In accordance with subsection (g) of Section 2105-15 of
22the Department of Professional Regulation Law of the Civil
23Administrative Code of Illinois (20 ILCS 2105/2105-15), the
24Department may refuse to issue or renew or may suspend the
25license of any person who fails to file a return, to pay the
26tax, penalty, or interest shown in a filed return, or to pay

 

 

HB3395- 425 -LRB100 06973 SMS 17024 b

1any final assessment of tax, penalty, or interest, as required
2by any tax Act administered by the Department of Revenue, until
3such time as the requirements of that tax Act are satisfied.
4    (e) In accordance with subdivision (a)(5) of Section
52105-15 of the Department of Professional Regulation Law of the
6Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
7and in cases where the Department of Healthcare and Family
8Services (formerly Department of Public Aid) has previously
9determined that a licensee or a potential licensee is more than
1030 days delinquent in the payment of child support and has
11subsequently certified the delinquency to the Department may
12refuse to issue or renew or may revoke or suspend that person's
13license or may take other disciplinary action against that
14person based solely upon the certification of delinquency made
15by the Department of Healthcare and Family Services.
16    (f) In enforcing this Section, the Department or Board upon
17a showing of a possible violation may compel a licensee or an
18individual licensed to practice under this Act, or who has
19applied for licensure under this Act, to submit to a mental or
20physical examination, or both, as required by and at the
21expense of the Department. The Department or Board may order
22the examining physician to present testimony concerning the
23mental or physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

 

 

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1examining physicians shall be specifically designated by the
2Board or Department. The individual to be examined may have, at
3his or her own expense, another physician of his or her choice
4present during all aspects of this examination. Failure of an
5individual to submit to a mental or physical examination, when
6directed, shall be grounds for suspension of his or her license
7or denial of his or her application or renewal until the
8individual submits to the examination if the Department finds,
9after notice and hearing, that the refusal to submit to the
10examination was without reasonable cause.
11    If the Department or Board finds an individual unable to
12practice because of the reasons set forth in this Section, the
13Department or Board may require that individual to submit to
14care, counseling, or treatment by physicians approved or
15designated by the Department or Board, as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice; or, in lieu of care, counseling, or treatment, the
18Department may file, or the Board may recommend to the
19Department to file, a complaint to immediately suspend, revoke,
20deny, or otherwise discipline the license of the individual. An
21individual whose license was granted, continued, reinstated,
22renewed, disciplined or supervised subject to such terms,
23conditions, or restrictions, and who fails to comply with such
24terms, conditions, or restrictions, shall be referred to the
25Secretary for a determination as to whether the individual
26shall have his or her license suspended immediately, pending a

 

 

HB3395- 427 -LRB100 06973 SMS 17024 b

1hearing by the Department.
2    In instances in which the Secretary immediately suspends a
3person's license under this Section, a hearing on that person's
4license must be convened by the Department within 30 days after
5the suspension and completed without appreciable delay. The
6Department and Board shall have the authority to review the
7subject individual's record of treatment and counseling
8regarding the impairment to the extent permitted by applicable
9federal statutes and regulations safeguarding the
10confidentiality of medical records.
11    An individual licensed under this Act and affected under
12this Section shall be afforded an opportunity to demonstrate to
13the Department or Board that he or she can resume practice in
14compliance with acceptable and prevailing standards under the
15provisions of his or her license.
16(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
1798-756, eff. 7-16-14.)
 
18    Section 285. The Detection of Deception Examiners Act is
19amended by changing Section 14 as follows:
 
20    (225 ILCS 430/14)  (from Ch. 111, par. 2415)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 14. (a) The Department may refuse to issue or renew or
23may revoke, suspend, place on probation, reprimand, or take
24other disciplinary or non-disciplinary action as the

 

 

HB3395- 428 -LRB100 06973 SMS 17024 b

1Department may deem appropriate, including imposing fines not
2to exceed $10,000 for each violation, with regard to any
3license for any one or a combination of the following:
4        (1) Material misstatement in furnishing information to
5    the Department.
6        (2) Violations of this Act, or of the rules adopted
7    under this Act.
8        (3) Conviction by plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or by
10    sentencing of any crime, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States: (i) that
14    is a felony or (ii) that is a misdemeanor, an essential
15    element of which is dishonesty, or that is directly related
16    to the practice of the profession.
17        (4) Making any misrepresentation for the purpose of
18    obtaining licensure or violating any provision of this Act
19    or the rules adopted under this Act pertaining to
20    advertising.
21        (5) Professional incompetence.
22        (6) Allowing one's license under this Act to be used by
23    an unlicensed person in violation of this Act.
24        (7) Aiding or assisting another person in violating
25    this Act or any rule adopted under this Act.
26        (8) Where the license holder has been adjudged mentally

 

 

HB3395- 429 -LRB100 06973 SMS 17024 b

1    ill, mentally deficient or subject to involuntary
2    admission as provided in the Mental Health and
3    Developmental Disabilities Code.
4        (9) Failing, within 60 days, to provide information in
5    response to a written request made by the Department.
6        (10) Engaging in dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public.
9        (11) Inability to practice with reasonable judgment,
10    skill, or safety as a result of habitual or excessive use
11    or addiction to alcohol, narcotics, stimulants, or any
12    other chemical agent or drug.
13        (12) Discipline by another state, District of
14    Columbia, territory, or foreign nation, if at least one of
15    the grounds for the discipline is the same or substantially
16    equivalent to those set forth in this Section.
17        (13) A finding by the Department that the licensee,
18    after having his or her license placed on probationary
19    status, has violated the terms of probation.
20        (14) Willfully making or filing false records or
21    reports in his or her practice, including, but not limited
22    to, false records filed with State agencies or departments.
23        (15) Inability to practice the profession with
24    reasonable judgment, skill, or safety as a result of a
25    physical illness, including, but not limited to,
26    deterioration through the aging process or loss of motor

 

 

HB3395- 430 -LRB100 06973 SMS 17024 b

1    skill, or a mental illness or disability.
2        (16) Charging for professional services not rendered,
3    including filing false statements for the collection of
4    fees for which services are not rendered.
5        (17) Practicing under a false or, except as provided by
6    law, an assumed name.
7        (18) Fraud or misrepresentation in applying for, or
8    procuring, a license under this Act or in connection with
9    applying for renewal of a license under this Act.
10        (19) Cheating on or attempting to subvert the licensing
11    examination administered under this Act.
12    No consideration shall be given to convictions entered
13prior to the date of the application, where the applicant has
14completed any sentence imposed for that conviction, including
15any period of mandatory supervised release.
16    All fines imposed under this Section shall be paid within
1760 days after the effective date of the order imposing the
18fine.
19    (b) The Department may refuse to issue or may suspend
20without hearing, as provided for in the Code of Civil
21Procedure, the license of any person who fails to file a
22return, or pay the tax, penalty, or interest shown in a filed
23return, or pay any final assessment of the tax, penalty, or
24interest as required by any tax Act administered by the
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied in accordance

 

 

HB3395- 431 -LRB100 06973 SMS 17024 b

1with subsection (g) of Section 2105-15 of the Civil
2Administrative Code of Illinois.
3    (c) The Department shall deny a license or renewal
4authorized by this Act to a person who has defaulted on an
5educational loan or scholarship provided or guaranteed by the
6Illinois Student Assistance Commission or any governmental
7agency of this State in accordance with item (5) of subsection
8(a) of Section 2105-15 of the Civil Administrative Code of
9Illinois.
10    (d) In cases where the Department of Healthcare and Family
11Services has previously determined a licensee or a potential
12licensee is more than 30 days delinquent in the payment of
13child support and has subsequently certified the delinquency to
14the Department, the Department may refuse to issue or renew or
15may revoke or suspend that person's license or may take other
16disciplinary action against that person based solely upon the
17certification of delinquency made by the Department of
18Healthcare and Family Services in accordance with item (5) of
19subsection (a) of Section 2105-15 of the Civil Administrative
20Code of Illinois.
21    (e) The determination by a circuit court that a licensee is
22subject to involuntary admission or judicial admission, as
23provided in the Mental Health and Developmental Disabilities
24Code, operates as an automatic suspension. The suspension will
25end only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission

 

 

HB3395- 432 -LRB100 06973 SMS 17024 b

1and the issuance of an order so finding and discharging the
2patient.
3    (f) In enforcing this Act, the Department, upon a showing
4of a possible violation, may compel an individual licensed to
5practice under this Act, or who has applied for licensure under
6this Act, to submit to a mental or physical examination, or
7both, as required by and at the expense of the Department. The
8Department may order the examining physician to present
9testimony concerning the mental or physical examination of the
10licensee or applicant. No information shall be excluded by
11reason of any common law or statutory privilege relating to
12communications between the licensee or applicant and the
13examining physician. The examining physicians shall be
14specifically designated by the Department. The individual to be
15examined may have, at his or her own expense, another physician
16of his or her choice present during all aspects of this
17examination. The examination shall be performed by a physician
18licensed to practice medicine in all its branches. Failure of
19an individual to submit to a mental or physical examination,
20when directed, shall result in an automatic suspension without
21hearing.
22    A person holding a license under this Act or who has
23applied for a license under this Act who, because of a physical
24or mental illness or disability, including, but not limited to,
25deterioration through the aging process or loss of motor skill,
26is unable to practice the profession with reasonable judgment,

 

 

HB3395- 433 -LRB100 06973 SMS 17024 b

1skill, or safety, may be required by the Department to submit
2to care, counseling, or treatment by physicians approved or
3designated by the Department as a condition, term, or
4restriction for continued, reinstated, or renewed licensure to
5practice. Submission to care, counseling, or treatment as
6required by the Department shall not be considered discipline
7of a license. If the licensee refuses to enter into a care,
8counseling, or treatment agreement or fails to abide by the
9terms of the agreement, the Department may file a complaint to
10revoke, suspend, or otherwise discipline the license of the
11individual. The Secretary may order the license suspended
12immediately, pending a hearing by the Department. Fines shall
13not be assessed in disciplinary actions involving physical or
14mental illness or impairment.
15    In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 15 days after
18the suspension and completed without appreciable delay. The
19Department shall have the authority to review the subject
20individual's record of treatment and counseling regarding the
21impairment to the extent permitted by applicable federal
22statutes and regulations safeguarding the confidentiality of
23medical records.
24    An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department that he or she can resume practice in compliance

 

 

HB3395- 434 -LRB100 06973 SMS 17024 b

1with acceptable and prevailing standards under the provisions
2of his or her license.
3(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
498-756, eff. 7-16-14.)
 
5    Section 290. The Home Inspector License Act is amended by
6changing Section 15-10 as follows:
 
7    (225 ILCS 441/15-10)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 15-10. Grounds for disciplinary action.
10    (a) The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand, or take other
12disciplinary or non-disciplinary action as the Department may
13deem appropriate, including imposing fines not to exceed
14$25,000 for each violation, with regard to any license for any
15one or combination of the following:
16        (1) Fraud or misrepresentation in applying for, or
17    procuring a license under this Act or in connection with
18    applying for renewal of a license under this Act.
19        (2) Failing to meet the minimum qualifications for
20    licensure as a home inspector established by this Act.
21        (3) Paying money, other than for the fees provided for
22    by this Act, or anything of value to an employee of the
23    Department to procure licensure under this Act.
24        (4) Conviction by plea of guilty or nolo contendere,

 

 

HB3395- 435 -LRB100 06973 SMS 17024 b

1    finding of guilt, jury verdict, or entry of judgment or by
2    sentencing of any crime, including, but not limited to,
3    convictions, preceding sentences of supervision,
4    conditional discharge, or first offender probation, under
5    the laws of any jurisdiction of the United States: (i) that
6    is a felony; (ii) that is a misdemeanor, an essential
7    element of which is dishonesty, or that is directly related
8    to the practice of the profession; or (iii) that is a crime
9    that subjects the licensee to compliance with the
10    requirements of the Sex Offender Registration Act.
11        (5) Committing an act or omission involving
12    dishonesty, fraud, or misrepresentation with the intent to
13    substantially benefit the licensee or another person or
14    with the intent to substantially injure another person.
15        (6) Violating a provision or standard for the
16    development or communication of home inspections as
17    provided in Section 10-5 of this Act or as defined in the
18    rules.
19        (7) Failing or refusing to exercise reasonable
20    diligence in the development, reporting, or communication
21    of a home inspection report, as defined by this Act or the
22    rules.
23        (8) Violating a provision of this Act or the rules.
24        (9) Having been disciplined by another state, the
25    District of Columbia, a territory, a foreign nation, a
26    governmental agency, or any other entity authorized to

 

 

HB3395- 436 -LRB100 06973 SMS 17024 b

1    impose discipline if at least one of the grounds for that
2    discipline is the same as or substantially equivalent to
3    one of the grounds for which a licensee may be disciplined
4    under this Act.
5        (10) Engaging in dishonorable, unethical, or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        (11) Accepting an inspection assignment when the
9    employment itself is contingent upon the home inspector
10    reporting a predetermined analysis or opinion, or when the
11    fee to be paid is contingent upon the analysis, opinion, or
12    conclusion reached or upon the consequences resulting from
13    the home inspection assignment.
14        (12) Developing home inspection opinions or
15    conclusions based on the race, color, religion, sex,
16    national origin, ancestry, age, marital status, family
17    status, physical or mental disability, or unfavorable
18    military discharge, as defined under the Illinois Human
19    Rights Act, of the prospective or present owners or
20    occupants of the area or property under home inspection.
21        (13) Being adjudicated liable in a civil proceeding on
22    grounds of fraud, misrepresentation, or deceit. In a
23    disciplinary proceeding based upon a finding of civil
24    liability, the home inspector shall be afforded an
25    opportunity to present mitigating and extenuating
26    circumstances, but may not collaterally attack the civil

 

 

HB3395- 437 -LRB100 06973 SMS 17024 b

1    adjudication.
2        (14) Being adjudicated liable in a civil proceeding for
3    violation of a State or federal fair housing law.
4        (15) Engaging in misleading or untruthful advertising
5    or using a trade name or insignia of membership in a home
6    inspection organization of which the licensee is not a
7    member.
8        (16) Failing, within 30 days, to provide information in
9    response to a written request made by the Department.
10        (17) Failing to include within the home inspection
11    report the home inspector's license number and the date of
12    expiration of the license. All home inspectors providing
13    significant contribution to the development and reporting
14    of a home inspection must be disclosed in the home
15    inspection report. It is a violation of this Act for a home
16    inspector to sign a home inspection report knowing that a
17    person providing a significant contribution to the report
18    has not been disclosed in the home inspection report.
19        (18) Advising a client as to whether the client should
20    or should not engage in a transaction regarding the
21    residential real property that is the subject of the home
22    inspection.
23        (19) Performing a home inspection in a manner that
24    damages or alters the residential real property that is the
25    subject of the home inspection without the consent of the
26    owner.

 

 

HB3395- 438 -LRB100 06973 SMS 17024 b

1        (20) Performing a home inspection when the home
2    inspector is providing or may also provide other services
3    in connection with the residential real property or
4    transaction, or has an interest in the residential real
5    property, without providing prior written notice of the
6    potential or actual conflict and obtaining the prior
7    consent of the client as provided by rule.
8        (21) Aiding or assisting another person in violating
9    any provision of this Act or rules adopted under this Act.
10        (22) Inability to practice with reasonable judgment,
11    skill, or safety as a result of habitual or excessive use
12    or addiction to alcohol, narcotics, stimulants, or any
13    other chemical agent or drug.
14        (23) A finding by the Department that the licensee,
15    after having his or her license placed on probationary
16    status, has violated the terms of probation.
17        (24) Willfully making or filing false records or
18    reports in his or her practice, including, but not limited
19    to, false records filed with State agencies or departments.
20        (25) Charging for professional services not rendered,
21    including filing false statements for the collection of
22    fees for which services are not rendered.
23        (26) Practicing under a false or, except as provided by
24    law, an assumed name.
25        (27) Cheating on or attempting to subvert the licensing
26    examination administered under this Act.

 

 

HB3395- 439 -LRB100 06973 SMS 17024 b

1    No consideration shall be given to convictions entered
2prior to the date of the application, where the applicant has
3completed any sentence imposed for that conviction, including
4any period of mandatory supervised release.
5    (b) The Department may suspend, revoke, or refuse to issue
6or renew an education provider's license, may reprimand, place
7on probation, or otherwise discipline an education provider
8licensee, and may suspend or revoke the course approval of any
9course offered by an education provider, for any of the
10following:
11        (1) Procuring or attempting to procure licensure by
12    knowingly making a false statement, submitting false
13    information, making any form of fraud or
14    misrepresentation, or refusing to provide complete
15    information in response to a question in an application for
16    licensure.
17        (2) Failing to comply with the covenants certified to
18    on the application for licensure as an education provider.
19        (3) Committing an act or omission involving
20    dishonesty, fraud, or misrepresentation or allowing any
21    such act or omission by any employee or contractor under
22    the control of the education provider.
23        (4) Engaging in misleading or untruthful advertising.
24        (5) Failing to retain competent instructors in
25    accordance with rules adopted under this Act.
26        (6) Failing to meet the topic or time requirements for

 

 

HB3395- 440 -LRB100 06973 SMS 17024 b

1    course approval as the provider of a pre-license curriculum
2    course or a continuing education course.
3        (7) Failing to administer an approved course using the
4    course materials, syllabus, and examinations submitted as
5    the basis of the course approval.
6        (8) Failing to provide an appropriate classroom
7    environment for presentation of courses, with
8    consideration for student comfort, acoustics, lighting,
9    seating, workspace, and visual aid material.
10        (9) Failing to maintain student records in compliance
11    with the rules adopted under this Act.
12        (10) Failing to provide a certificate, transcript, or
13    other student record to the Department or to a student as
14    may be required by rule.
15        (11) Failing to fully cooperate with a Department
16    investigation by knowingly making a false statement,
17    submitting false or misleading information, or refusing to
18    provide complete information in response to written
19    interrogatories or a written request for documentation
20    within 30 days of the request.
21    (c) In appropriate cases, the Department may resolve a
22complaint against a licensee through the issuance of a Consent
23to Administrative Supervision order. A licensee subject to a
24Consent to Administrative Supervision order shall be
25considered by the Department as an active licensee in good
26standing. This order shall not be reported as or considered by

 

 

HB3395- 441 -LRB100 06973 SMS 17024 b

1the Department to be a discipline of the licensee. The records
2regarding an investigation and a Consent to Administrative
3Supervision order shall be considered confidential and shall
4not be released by the Department except as mandated by law.
5The complainant shall be notified that his or her complaint has
6been resolved by a Consent to Administrative Supervision order.
7    (d) The Department may refuse to issue or may suspend
8without hearing, as provided for in the Code of Civil
9Procedure, the license of any person who fails to file a tax
10return, to pay the tax, penalty, or interest shown in a filed
11tax return, or to pay any final assessment of tax, penalty, or
12interest, as required by any tax Act administered by the
13Illinois Department of Revenue, until such time as the
14requirements of the tax Act are satisfied in accordance with
15subsection (g) of Section 2105-15 of the Civil Administrative
16Code of Illinois.
17    (e) The Department shall deny a license or renewal
18authorized by this Act to a person who has defaulted on an
19educational loan or scholarship provided or guaranteed by the
20Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with item (5) of subsection
22(a) of Section 2105-15 of the Civil Administrative Code of
23Illinois.
24    (f) In cases where the Department of Healthcare and Family
25Services has previously determined that a licensee or a
26potential licensee is more than 30 days delinquent in the

 

 

HB3395- 442 -LRB100 06973 SMS 17024 b

1payment of child support and has subsequently certified the
2delinquency to the Department, the Department may refuse to
3issue or renew or may revoke or suspend that person's license
4or may take other disciplinary action against that person based
5solely upon the certification of delinquency made by the
6Department of Healthcare and Family Services in accordance with
7item (5) of subsection (a) of Section 2105-15 of the Civil
8Administrative Code of Illinois.
9    (g) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission, as
11provided in the Mental Health and Developmental Disabilities
12Code, operates as an automatic suspension. The suspension will
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and the issuance of a court order so finding and discharging
16the patient.
17    (h) In enforcing this Act, the Department, upon a showing
18of a possible violation, may compel an individual licensed to
19practice under this Act, or who has applied for licensure under
20this Act, to submit to a mental or physical examination, or
21both, as required by and at the expense of the Department. The
22Department may order the examining physician to present
23testimony concerning the mental or physical examination of the
24licensee or applicant. No information shall be excluded by
25reason of any common law or statutory privilege relating to
26communications between the licensee or applicant and the

 

 

HB3395- 443 -LRB100 06973 SMS 17024 b

1examining physician. The examining physician shall be
2specifically designated by the Department. The individual to be
3examined may have, at his or her own expense, another physician
4of his or her choice present during all aspects of this
5examination. The examination shall be performed by a physician
6licensed to practice medicine in all its branches. Failure of
7an individual to submit to a mental or physical examination,
8when directed, shall result in an automatic suspension without
9hearing.
10    A person holding a license under this Act or who has
11applied for a license under this Act, who, because of a
12physical or mental illness or disability, including, but not
13limited to, deterioration through the aging process or loss of
14motor skill, is unable to practice the profession with
15reasonable judgment, skill, or safety, may be required by the
16Department to submit to care, counseling, or treatment by
17physicians approved or designated by the Department as a
18condition, term, or restriction for continued, reinstated, or
19renewed licensure to practice. Submission to care, counseling,
20or treatment as required by the Department shall not be
21considered discipline of a license. If the licensee refuses to
22enter into a care, counseling, or treatment agreement or fails
23to abide by the terms of the agreement, the Department may file
24a complaint to revoke, suspend, or otherwise discipline the
25license of the individual. The Secretary may order the license
26suspended immediately, pending a hearing by the Department.

 

 

HB3395- 444 -LRB100 06973 SMS 17024 b

1Fines shall not be assessed in disciplinary actions involving
2physical or mental illness or impairment.
3    In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 15 days after
6the suspension and completed without appreciable delay. The
7Department shall have the authority to review the subject
8individual's record of treatment and counseling regarding the
9impairment to the extent permitted by applicable federal
10statutes and regulations safeguarding the confidentiality of
11medical records.
12    An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department that he or she can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of his or her license.
17(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;
1898-756, eff. 7-16-14.)
 
19    Section 295. The Interpreter for the Deaf Licensure Act of
202007 is amended by changing Section 115 as follows:
 
21    (225 ILCS 443/115)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 115. Grounds for disciplinary action.
24    (a) The Commission may refuse to issue or renew any license

 

 

HB3395- 445 -LRB100 06973 SMS 17024 b

1and the Department may suspend or revoke any license or may
2place on probation, censure, reprimand, or take other
3disciplinary action deemed appropriate by the Department,
4including the imposition of fines not to exceed $2,500 for each
5violation, with regard to any license issued under this Act for
6any one or more of the following reasons:
7        (1) Material deception in furnishing information to
8    the Commission or the Department.
9        (2) Violations or negligent or intentional disregard
10    of any provision of this Act or its rules.
11        (3) Conviction of any crime under the laws of any
12    jurisdiction of the United States that is a felony or a
13    misdemeanor, an essential element of which is dishonesty,
14    or that is directly related to the practice of
15    interpreting.
16        (4) A pattern of practice or other behavior that
17    demonstrates incapacity or incompetence to practice under
18    this Act.
19        (5) Knowingly aiding or assisting another person in
20    violating any provision of this Act or rules adopted
21    thereunder.
22        (6) Failing, within 60 days, to provide a response to a
23    request for information in response to a written request
24    made by the Commission or the Department by certified mail.
25        (7) Engaging in dishonorable, unethical, or
26    unprofessional conduct of a character likely to deceive,

 

 

HB3395- 446 -LRB100 06973 SMS 17024 b

1    defraud, or harm the public.
2        (8) Habitual use of or addiction to alcohol, narcotics,
3    stimulants, or any other chemical agent or drug that
4    results in a licensee's inability to practice with
5    reasonable judgment, skill, or safety.
6        (9) Discipline by another jurisdiction or foreign
7    nation, if at least one of the grounds for the discipline
8    is the same or substantially equivalent to those set forth
9    in this Section.
10        (10) A finding that the licensee, after having his or
11    her license placed on probationary status, has violated the
12    terms of probation.
13        (11) Being named as a perpetrator in an indicated
14    report by the Department of Children and Family Services
15    under the Abused and Neglected Child Reporting Act and upon
16    proof by clear and convincing evidence that the licensee
17    has caused a child to be an abused child or a neglected
18    child, as defined in the Abused and Neglected Child
19    Reporting Act.
20        (12) Gross negligence in the practice of interpreting.
21        (13) Holding oneself out to be a practicing interpreter
22    for the deaf under any name other than one's own.
23        (14) Knowingly allowing another person or organization
24    to use the licensee's license to deceive the public.
25        (15) Attempting to subvert or cheat on an
26    interpreter-related examination or evaluation.

 

 

HB3395- 447 -LRB100 06973 SMS 17024 b

1        (16) Immoral conduct in the commission of an act, such
2    as sexual abuse, sexual misconduct, or sexual
3    exploitation, related to the licensee's practice.
4        (17) Willfully violating State or federal
5    confidentiality laws or the confidentiality between an
6    interpreter and client, except as required by State or
7    federal law.
8        (18) Practicing or attempting to practice interpreting
9    under a name other than one's own.
10        (19) The use of any false, fraudulent, or deceptive
11    statement in any document connected with the licensee's
12    practice.
13        (20) Failure of a licensee to report to the Commission
14    any adverse final action taken against him or her by
15    another licensing jurisdiction, any peer review body, any
16    professional deaf or hard of hearing interpreting
17    association, any governmental Commission, by law
18    enforcement Commission, or any court for a deaf or hard of
19    hearing interpreting liability claim related to acts or
20    conduct similar to acts or conduct that would constitute
21    grounds for action as provided in this Section.
22        (21) Failure of a licensee to report to the Commission
23    surrender by the licensee of his or her license or
24    authorization to practice interpreting in another state or
25    jurisdiction or current surrender by the licensee of
26    membership in any deaf or hard of hearing interpreting

 

 

HB3395- 448 -LRB100 06973 SMS 17024 b

1    association or society while under disciplinary
2    investigation by any of those authorities or bodies for
3    acts or conduct similar to acts or conduct that would
4    constitute grounds for action as provided by this Section.
5        (22) Physical illness or injury including, but not
6    limited to, deterioration through the aging process or loss
7    of motor skill, mental illness, or disability that results
8    in the inability to practice the profession with reasonable
9    judgment, skill, or safety.
10        (23) Gross and willful overcharging for interpreter
11    services, including filing false statements for collection
12    of fees for which services have not been rendered.
13    No consideration shall be given to convictions entered
14prior to the date of the application, where the applicant has
15completed any sentence imposed for that conviction, including
16any period of mandatory supervised release.
17    (b) The Commission may refuse to issue or the Department
18may suspend the license of any person who fails to file a
19return, to pay the tax, penalty, or interest shown in a filed
20return, or to pay any final assessment of the tax, penalty, or
21interest as required by any tax Act administered by the
22Illinois Department of Revenue, until such time as the
23requirements of any such tax Act are satisfied.
24    (c) In enforcing this Section, the Commission, upon a
25showing of a possible violation, may compel an individual
26licensed under this Act, or who has applied for licensure under

 

 

HB3395- 449 -LRB100 06973 SMS 17024 b

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

 

 

HB3395- 450 -LRB100 06973 SMS 17024 b

1license was granted, continued, reinstated, renewed,
2disciplined, or supervised subject to such terms, conditions,
3or restrictions and who fails to comply with such terms,
4conditions, or restrictions, shall be referred to the Director
5for a determination as to whether the individual shall have his
6or her license suspended immediately, pending a hearing by the
7Department.
8    In instances in which the Director immediately suspends a
9person's license under this subsection (c), a hearing on that
10person's license must be convened by the Department within 15
11days after the suspension and completed without appreciable
12delay. The Commission or the Department shall have the
13authority to review the subject individual's record of
14treatment and counseling regarding the impairment to the extent
15permitted by applicable State and federal statutes and
16regulations safeguarding the confidentiality of medical
17records.
18    An individual licensed under this Act and affected under
19this subsection (c) shall be afforded an opportunity to
20demonstrate to the Commission that he or she can resume
21practice in compliance with acceptable and prevailing
22standards under the provisions of his or her license.
23(Source: P.A. 95-617, eff. 9-12-07.)
 
24    Section 300. The Private Detective, Private Alarm, Private
25Security, Fingerprint Vendor, and Locksmith Act of 2004 is

 

 

HB3395- 451 -LRB100 06973 SMS 17024 b

1amended by changing Sections 15-10, 20-10, 25-10, 30-10, 31-10,
235-30, and 40-10 as follows:
 
3    (225 ILCS 447/15-10)
4    (Section scheduled to be repealed January 1, 2024)
5    Sec. 15-10. Qualifications for licensure as a private
6detective.
7    (a) A person is qualified for licensure as a private
8detective if he or she meets all of the following requirements:
9        (1) Is at least 21 years of age.
10        (2)(Blank). Has not been convicted of any felony in any
11    jurisdiction or at least 10 years have elapsed since the
12    time of full discharge from a sentence imposed for a felony
13    conviction.
14        (3) Is of good moral character. Good character is a
15    continuing requirement of licensure. Conviction of crimes
16    other than felonies may be used in determining moral
17    character, but shall not constitute an absolute bar to
18    licensure, except where the applicant is a registered sex
19    offender.
20        (4) Has not been declared by any court of competent
21    jurisdiction to be incompetent by reason of mental or
22    physical defect or disease, unless a court has subsequently
23    declared him or her to be competent.
24        (5) Is not suffering from dependence on alcohol or from
25    narcotic addiction or dependence.

 

 

HB3395- 452 -LRB100 06973 SMS 17024 b

1        (6) Has a minimum of 3 years experience of the 5 years
2    immediately preceding application working full-time for a
3    licensed private detective agency as a registered private
4    detective agency employee or with 3 years experience of the
5    5 years immediately preceding his or her application
6    employed as a full-time investigator for a licensed
7    attorney, for an in-house investigative unit for a
8    corporation having 100 or more employees, for any of the
9    armed forces of the United States, or in a law enforcement
10    agency of the federal government, a state, or a state
11    political subdivision, which shall include a state's
12    attorney's office or a public defender's office. The Board
13    and the Department shall approve such full-time
14    investigator experience and may accept, in lieu of the
15    experience requirement in this item (6), alternative
16    experience working full-time for a private detective
17    agency licensed in another state or for a private detective
18    agency in a state that does not license such agencies if
19    the experience is substantially equivalent to that gained
20    working for an Illinois licensed private detective agency.
21    An applicant who has a baccalaureate degree, or higher, in
22    law enforcement or a related field or a business degree
23    from an accredited college or university shall be given
24    credit for 2 of the 3 years of the required experience. An
25    applicant who has an associate degree in law enforcement or
26    in a related field or in business from an accredited

 

 

HB3395- 453 -LRB100 06973 SMS 17024 b

1    college or university shall be given credit for one of the
2    3 years of the required experience. An applicant who has
3    completed a non-degree military training program in law
4    enforcement or a related field shall be given credit for
5    one of the 3 years of the required experience if the Board
6    and the Department determine that such training is
7    substantially equivalent to that received in an associate
8    degree program.
9        (7) Has not been dishonorably discharged from the armed
10    forces of the United States or has not been discharged from
11    a law enforcement agency of the United States or of any
12    state or of any political subdivision thereof, which shall
13    include a state's attorney's office, for reasons relating
14    to his or her conduct as an employee of that law
15    enforcement agency.
16        (8) Has passed an examination authorized by the
17    Department.
18        (9) Submits his or her fingerprints, proof of having
19    general liability insurance required under subsection (b),
20    and the required license fee.
21        (10) Has not violated Section 10-5 of this Act.
22    No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including
25any period of mandatory supervised release.
26    (b) It is the responsibility of the applicant to obtain

 

 

HB3395- 454 -LRB100 06973 SMS 17024 b

1general liability insurance in an amount and coverage
2appropriate for the applicant's circumstances as determined by
3rule. The applicant shall provide evidence of insurance to the
4Department before being issued a license. Failure to maintain
5general liability insurance and to provide the Department with
6written proof of the insurance shall result in cancellation of
7the license without hearing.
8    (c) Any person who has been providing canine odor detection
9services for hire prior to January 1, 2005 is exempt from the
10requirements of item (6) of subsection (a) of this Section and
11may be granted a private detective license if (i) he or she
12meets the requirements of items (1) through (5) and items (7)
13through (10) of subsection (a) of this Section, (ii) pays all
14applicable fees, and (iii) presents satisfactory evidence to
15the Department of the provision of canine odor detection
16services for hire since January 1, 2005.
17(Source: P.A. 98-253, eff. 8-9-13.)
 
18    (225 ILCS 447/20-10)
19    (Section scheduled to be repealed on January 1, 2024)
20    Sec. 20-10. Qualifications for licensure as a private alarm
21contractor.
22    (a) A person is qualified for licensure as a private alarm
23contractor if he or she meets all of the following
24requirements:
25        (1) Is at least 21 years of age.

 

 

HB3395- 455 -LRB100 06973 SMS 17024 b

1        (2) (Blank). Has not been convicted of any felony in
2    any jurisdiction or at least 10 years have elapsed since
3    the time of full discharge from a sentence imposed for a
4    felony conviction.
5        (3) Is of good moral character. Good moral character is
6    a continuing requirement of licensure. Conviction of
7    crimes other than felonies may be used in determining moral
8    character, but shall not constitute an absolute bar to
9    licensure, except where the applicant is a registered sex
10    offender.
11        (4) Has not been declared by any court of competent
12    jurisdiction to be incompetent by reason of mental or
13    physical defect or disease, unless a court has subsequently
14    declared him or her to be competent.
15        (5) Is not suffering from dependence on alcohol or from
16    narcotic addiction or dependence.
17        (6) Has a minimum of 3 years experience during the 5
18    years immediately preceding the application (i) working as
19    a full-time manager for a licensed private alarm contractor
20    agency or (ii) working for a government, one of the armed
21    forces of the United States, or private entity that
22    inspects, reviews, designs, sells, installs, operates,
23    services, or monitors alarm systems that, in the judgment
24    of the Board, satisfies the standards of alarm industry
25    competence. The Board and the Department may accept, in
26    lieu of the experience requirement in this item (6),

 

 

HB3395- 456 -LRB100 06973 SMS 17024 b

1    alternative experience working as a full-time manager for a
2    private alarm contractor agency licensed in another state
3    or for a private alarm contractor agency in a state that
4    does not license such agencies, if the experience is
5    substantially equivalent to that gained working for an
6    Illinois licensed private alarm contractor agency. An
7    applicant who has received a 4-year degree or higher in
8    electrical engineering or a related field from a program
9    approved by the Board or a business degree from an
10    accredited college or university shall be given credit for
11    2 years of the required experience. An applicant who has
12    successfully completed a national certification program
13    approved by the Board shall be given credit for one year of
14    the required experience.
15        (7) Has not been dishonorably discharged from the armed
16    forces of the United States.
17        (8) Has passed an examination authorized by the
18    Department.
19        (9) Submits his or her fingerprints, proof of having
20    general liability insurance required under subsection (c),
21    and the required license fee.
22        (10) Has not violated Section 10-5 of this Act.
23    No consideration shall be given to convictions entered
24prior to the date of the application, where the applicant has
25completed any sentence imposed for that conviction, including
26any period of mandatory supervised release.

 

 

HB3395- 457 -LRB100 06973 SMS 17024 b

1    (b) (Blank).
2    (c) It is the responsibility of the applicant to obtain
3general liability insurance in an amount and coverage
4appropriate for the applicant's circumstances as determined by
5rule. The applicant shall provide evidence of insurance to the
6Department before being issued a license. Failure to maintain
7general liability insurance and to provide the Department with
8written proof of the insurance shall result in cancellation of
9the license without hearing.
10(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
 
11    (225 ILCS 447/25-10)
12    (Section scheduled to be repealed on January 1, 2024)
13    Sec. 25-10. Qualifications for licensure as a private
14security contractor.
15    (a) A person is qualified for licensure as a private
16security contractor if he or she meets all of the following
17requirements:
18        (1) Is at least 21 years of age.
19        (2) (Blank). Has not been convicted of any felony in
20    any jurisdiction or at least 10 years have elapsed since
21    the time of full discharge from a sentence imposed for a
22    felony conviction.
23        (3) Is of good moral character. Good character is a
24    continuing requirement of licensure. Conviction of crimes
25    other than felonies may be used in determining moral

 

 

HB3395- 458 -LRB100 06973 SMS 17024 b

1    character, but shall not constitute an absolute bar to
2    licensure, except where the applicant is a registered sex
3    offender.
4        (4) Has not been declared by any court of competent
5    jurisdiction to be incompetent by reason of mental or
6    physical defect or disease, unless a court has subsequently
7    declared him or her to be competent.
8        (5) Is not suffering from dependence on alcohol or from
9    narcotic addiction or dependence.
10        (6) Has a minimum of 3 years experience of the 5 years
11    immediately preceding application working as a full-time
12    manager for a licensed private security contractor agency
13    or a manager of a proprietary security force of 30 or more
14    persons registered with the Department or with 3 years
15    experience of the 5 years immediately preceding his or her
16    application employed as a full-time supervisor for an
17    in-house security unit for a corporation having l00 or more
18    employees, for a military police or related security unit
19    in any of the armed forces of the United States, or in a
20    law enforcement agency of the federal government, a state,
21    or a state political subdivision, which shall include a
22    state's attorney's office or public defender's office. The
23    Board and the Department shall approve such full-time
24    supervisory experience and may accept, in lieu of the
25    experience requirement in this subsection, alternative
26    experience working as a full-time manager for a private

 

 

HB3395- 459 -LRB100 06973 SMS 17024 b

1    security contractor agency licensed in another state or for
2    a private security contractor agency in a state that does
3    not license such agencies if the experience is
4    substantially equivalent to that gained working for an
5    Illinois licensed private security contractor agency. An
6    applicant who has a baccalaureate degree or higher in
7    police science or a related field or a business degree from
8    an accredited college or university shall be given credit
9    for 2 of the 3 years of the required experience. An
10    applicant who has completed a non-degree military training
11    program in police science or a related field shall be given
12    credit for one of the 3 years of the required experience if
13    the Board and the Department determine that such training
14    is substantially equivalent to that received in an
15    associate degree program. An applicant who has an associate
16    degree in police science or in a related field or in
17    business from an accredited college or university shall be
18    given credit for one of the 3 years of the required
19    experience.
20        (7) Has not been dishonorably discharged from the armed
21    forces of the United States.
22        (8) Has passed an examination authorized by the
23    Department.
24        (9) Submits his or her fingerprints, proof of having
25    general liability insurance required under subsection (b),
26    and the required license fee.

 

 

HB3395- 460 -LRB100 06973 SMS 17024 b

1        (10) Has not violated Section 10-5 of this Act.
2    (b) It is the responsibility of the applicant to obtain
3general liability insurance in an amount and coverage
4appropriate for the applicant's circumstances as determined by
5rule. The applicant shall provide evidence of insurance to the
6Department before being issued a license. Failure to maintain
7general liability insurance and to provide the Department with
8written proof of the insurance shall result in cancellation of
9the license without hearing.
10    No consideration shall be given to convictions entered
11prior to the date of the application, where the applicant has
12completed any sentence imposed for that conviction, including
13any period of mandatory supervised release.
14    (c) Any person who has been providing canine odor detection
15services for hire prior to January 1, 2005 is exempt from the
16requirements of item (6) of subsection (a) of this Section and
17may be granted a private security contractor license if (i) he
18or she meets the requirements of items (1) through (5) and
19items (7) through (10) of subsections (a) of this Section, (ii)
20pays all applicable fees, and (iii) presents satisfactory
21evidence to the Department of the provision of canine odor
22detection services for hire since January 1, 2005.
23(Source: P.A. 98-253, eff. 8-9-13.)
 
24    (225 ILCS 447/30-10)
25    (Section scheduled to be repealed on January 1, 2024)

 

 

HB3395- 461 -LRB100 06973 SMS 17024 b

1    Sec. 30-10. Qualifications for licensure as a locksmith.
2    (a) A person is qualified for licensure as a locksmith if
3he or she meets all of the following requirements:
4        (1) Is at least 18 years of age.
5        (2) (Blank). Has not been convicted of any felony in
6    any jurisdiction or at least 10 years have elapsed since
7    the time of full discharge from a sentence imposed for a
8    felony conviction.
9        (3) Is of good moral character. Good moral character is
10    a continuing requirement of licensure. Conviction of
11    crimes other than felonies may be used in determining moral
12    character, but shall not constitute an absolute bar to
13    licensure, except where the applicant is a registered sex
14    offender.
15        (4) Has not been declared by any court of competent
16    jurisdiction to be incompetent by reason of mental or
17    physical defect or disease, unless a court has subsequently
18    declared him or her to be competent.
19        (5) Is not suffering from dependence on alcohol or from
20    narcotic addiction or dependence.
21        (6) Has not been dishonorably discharged from the armed
22    forces of the United States.
23        (7) Has passed an examination authorized by the
24    Department.
25        (8) Submits his or her fingerprints, proof of having
26    general liability insurance required under subsection (b),

 

 

HB3395- 462 -LRB100 06973 SMS 17024 b

1    and the required license fee.
2        (9) Has not violated Section 10-5 of this Act.
3    No consideration shall be given to convictions entered
4prior to the date of the application, where the applicant has
5completed any sentence imposed for that conviction, including
6any period of mandatory supervised release.
7    (b) It is the responsibility of the applicant to obtain
8general liability insurance in an amount and coverage
9appropriate for the applicant's circumstances as determined by
10rule. The applicant shall provide evidence of insurance to the
11Department before being issued a license. Failure to maintain
12general liability insurance and to provide the Department with
13written proof of the insurance shall result in cancellation of
14the license without hearing. A locksmith employed by a licensed
15locksmith agency or employed by a private concern may provide
16proof that his or her actions as a locksmith are covered by the
17liability insurance of his or her employer.
18(Source: P.A. 98-253, eff. 8-9-13.)
 
19    (225 ILCS 447/31-10)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 31-10. Qualifications for licensure as a fingerprint
22vendor.
23    (a) A person is qualified for licensure as a fingerprint
24vendor if he or she meets all of the following requirements:
25        (1) Is at least 18 years of age.

 

 

HB3395- 463 -LRB100 06973 SMS 17024 b

1        (2) (Blank). Has not been convicted of any felony in
2    any jurisdiction or at least 10 years have elapsed since
3    the time of full discharge from a sentence imposed for a
4    felony conviction.
5        (3) Is of good moral character. Good moral character is
6    a continuing requirement of licensure. Conviction of
7    crimes other than felonies may be used in determining moral
8    character, but shall not constitute an absolute bar to
9    licensure, except where the applicant is a registered sex
10    offender.
11        (4) Has not been declared by any court of competent
12    jurisdiction to be incompetent by reason of mental or
13    physical defect or disease, unless a court has subsequently
14    declared him or her to be competent.
15        (5) Is not suffering from dependence on alcohol or from
16    narcotic addiction or dependence.
17        (6) Has not been dishonorably discharged from the armed
18    forces of the United States.
19        (7) Submits certification issued by the Department of
20    State Police that the applicant has successfully completed
21    a fingerprint vendor training course conducted or
22    authorized by the Department of State Police.
23        (8) Submits his or her fingerprints, in accordance with
24    subsection (b) of this Section.
25        (9) Has not violated any provision of this Act or any
26    rule adopted under this Act.

 

 

HB3395- 464 -LRB100 06973 SMS 17024 b

1        (10) Provides evidence satisfactory to the Department
2    that the applicant has obtained general liability
3    insurance in an amount and with coverage as determined by
4    rule. Failure to maintain general liability insurance and
5    failure to provide the Department with written proof of the
6    insurance, upon request, shall result in cancellation of
7    the license without hearing. A fingerprint vendor employed
8    by a licensed fingerprint vendor agency may provide proof
9    that his or her actions as a fingerprint vendor are covered
10    by the liability insurance of his or her employer.
11        (11) Pays the required licensure fee.
12        (12) Submits certification issued by the Department of
13    State Police that the applicant's fingerprinting equipment
14    and software meets all specifications required by the
15    Department of State Police. Compliance with Department of
16    State Police fingerprinting equipment and software
17    specifications is a continuing requirement for licensure.
18        (13) Submits proof that the applicant maintains a
19    business office located in the State of Illinois.
20    No consideration shall be given to convictions entered
21prior to the date of the application, where the applicant has
22completed any sentence imposed for that conviction, including
23any period of mandatory supervised release.
24    (b) Each applicant for a fingerprint vendor license shall
25have his or her fingerprints submitted to the Department of
26State Police in an electronic format that complies with the

 

 

HB3395- 465 -LRB100 06973 SMS 17024 b

1form and manner for requesting and furnishing criminal history
2record information as prescribed by the Department of State
3Police. These fingerprints shall be checked against the
4Department of State Police and Federal Bureau of Investigation
5criminal history record databases now and hereafter filed. The
6Department of State Police shall charge applicants a fee for
7conducting the criminal history records check, which shall be
8deposited in the State Police Services Fund and shall not
9exceed the actual cost of the records check. The Department of
10State Police shall furnish, pursuant to positive
11identification, records of Illinois convictions to the
12Department. The Department may require applicants to pay a
13separate fingerprinting fee, either to the Department or
14directly to the vendor. The Department, in its discretion, may
15allow an applicant who does not have reasonable access to a
16designated vendor to provide his or her fingerprints in an
17alternative manner. The Department, in its discretion, may also
18use other procedures in performing or obtaining criminal
19background checks of applicants. Instead of submitting his or
20her fingerprints, an individual may submit proof that is
21satisfactory to the Department that an equivalent security
22clearance has been conducted. Also, an individual who has
23retired as a peace officer within 12 months of application may
24submit verification, on forms provided by the Department and
25signed by his or her employer, of his or her previous full-time
26employment as a peace officer.

 

 

HB3395- 466 -LRB100 06973 SMS 17024 b

1(Source: P.A. 95-613, eff. 9-11-07.)
 
2    (225 ILCS 447/35-30)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 35-30. Employee requirements. All employees of a
5licensed agency, other than those exempted, shall apply for a
6permanent employee registration card. The holder of an agency
7license issued under this Act, known in this Section as
8"employer", may employ in the conduct of his or her business
9employees under the following provisions:
10    (a) No person shall be issued a permanent employee
11registration card who:
12        (1) Is younger than 18 years of age.
13        (2) Is younger than 21 years of age if the services
14    will include being armed.
15        (3) Has been determined by the Department to be unfit
16    by reason of conviction of an offense in this or another
17    state, including registration as a sex offender, but not
18    including a traffic offense. Persons convicted of felonies
19    involving bodily harm, weapons, violence, or theft within
20    the previous 10 years shall be presumed to be unfit for
21    registration. The Department shall adopt rules for making
22    those determinations that shall afford the applicant due
23    process of law.
24        (4) (Blank). Has had a license or permanent employee
25    registration card denied, suspended, or revoked under this

 

 

HB3395- 467 -LRB100 06973 SMS 17024 b

1    Act (i) within one year before the date the person's
2    application for permanent employee registration card is
3    received by the Department; and (ii) that refusal, denial,
4    suspension, or revocation was based on any provision of
5    this Act other than Section 40-50, item (6) or (8) of
6    subsection (a) of Section 15-10, subsection (b) of Section
7    15-10, item (6) or (8) of subsection (a) of Section 20-10,
8    subsection (b) of Section 20-10, item (6) or (8) of
9    subsection (a) of Section 25-10, subsection (b) of Section
10    25-10, item (7) of subsection (a) of Section 30-10,
11    subsection (b) of Section 30-10, or Section 10-40.
12        (5) Has been declared incompetent by any court of
13    competent jurisdiction by reason of mental disease or
14    defect and has not been restored.
15        (6) Has been dishonorably discharged from the armed
16    services of the United States.
17    No consideration shall be given to convictions entered
18prior to the date of the application, where the applicant has
19completed any sentence imposed for that conviction, including
20any period of mandatory supervised release.
21    (b) No person may be employed by a private detective
22agency, private security contractor agency, private alarm
23contractor agency, fingerprint vendor agency, or locksmith
24agency under this Section until he or she has executed and
25furnished to the employer, on forms furnished by the
26Department, a verified statement to be known as "Employee's

 

 

HB3395- 468 -LRB100 06973 SMS 17024 b

1Statement" setting forth:
2        (1) The person's full name, age, and residence address.
3        (2) The business or occupation engaged in for the 5
4    years immediately before the date of the execution of the
5    statement, the place where the business or occupation was
6    engaged in, and the names of employers, if any.
7        (3) That the person has not had a license or employee
8    registration denied, revoked, or suspended under this Act
9    (i) within one year before the date the person's
10    application for permanent employee registration card is
11    received by the Department; and (ii) that refusal, denial,
12    suspension, or revocation was based on any provision of
13    this Act other than Section 40-50, item (6) or (8) of
14    subsection (a) of Section 15-10, subsection (b) of Section
15    15-10, item (6) or (8) of subsection (a) of Section 20-10,
16    subsection (b) of Section 20-10, item (6) or (8) of
17    subsection (a) of Section 25-10, subsection (b) of Section
18    25-10, item (7) of subsection (a) of Section 30-10,
19    subsection (b) of Section 30-10, or Section 10-40.
20        (4) Any conviction of a felony or misdemeanor.
21        (5) Any declaration of incompetence by a court of
22    competent jurisdiction that has not been restored.
23        (6) Any dishonorable discharge from the armed services
24    of the United States.
25        (7) Any other information as may be required by any
26    rule of the Department to show the good character,

 

 

HB3395- 469 -LRB100 06973 SMS 17024 b

1    competency, and integrity of the person executing the
2    statement.
3    (c) Each applicant for a permanent employee registration
4card shall have his or her fingerprints submitted to the
5Department of State Police in an electronic format that
6complies with the form and manner for requesting and furnishing
7criminal history record information as prescribed by the
8Department of State Police. These fingerprints shall be checked
9against the Department of State Police and Federal Bureau of
10Investigation criminal history record databases now and
11hereafter filed. The Department of State Police shall charge
12applicants a fee for conducting the criminal history records
13check, which shall be deposited in the State Police Services
14Fund and shall not exceed the actual cost of the records check.
15The Department of State Police shall furnish, pursuant to
16positive identification, records of Illinois convictions to
17the Department. The Department may require applicants to pay a
18separate fingerprinting fee, either to the Department or
19directly to the vendor. The Department, in its discretion, may
20allow an applicant who does not have reasonable access to a
21designated vendor to provide his or her fingerprints in an
22alternative manner. The Department, in its discretion, may also
23use other procedures in performing or obtaining criminal
24background checks of applicants. Instead of submitting his or
25her fingerprints, an individual may submit proof that is
26satisfactory to the Department that an equivalent security

 

 

HB3395- 470 -LRB100 06973 SMS 17024 b

1clearance has been conducted. Also, an individual who has
2retired as a peace officer within 12 months of application may
3submit verification, on forms provided by the Department and
4signed by his or her employer, of his or her previous full-time
5employment as a peace officer.
6    (d) The Department shall issue a permanent employee
7registration card, in a form the Department prescribes, to all
8qualified applicants. The holder of a permanent employee
9registration card shall carry the card at all times while
10actually engaged in the performance of the duties of his or her
11employment. Expiration and requirements for renewal of
12permanent employee registration cards shall be established by
13rule of the Department. Possession of a permanent employee
14registration card does not in any way imply that the holder of
15the card is employed by an agency unless the permanent employee
16registration card is accompanied by the employee
17identification card required by subsection (f) of this Section.
18    (e) Each employer shall maintain a record of each employee
19that is accessible to the duly authorized representatives of
20the Department. The record shall contain the following
21information:
22        (1) A photograph taken within 10 days of the date that
23    the employee begins employment with the employer. The
24    photograph shall be replaced with a current photograph
25    every 3 calendar years.
26        (2) The Employee's Statement specified in subsection

 

 

HB3395- 471 -LRB100 06973 SMS 17024 b

1    (b) of this Section.
2        (3) All correspondence or documents relating to the
3    character and integrity of the employee received by the
4    employer from any official source or law enforcement
5    agency.
6        (4) In the case of former employees, the employee
7    identification card of that person issued under subsection
8    (f) of this Section. Each employee record shall duly note
9    if the employee is employed in an armed capacity. Armed
10    employee files shall contain a copy of an active firearm
11    owner's identification card and a copy of an active firearm
12    control card. Each employer shall maintain a record for
13    each armed employee of each instance in which the
14    employee's weapon was discharged during the course of his
15    or her professional duties or activities. The record shall
16    be maintained on forms provided by the Department, a copy
17    of which must be filed with the Department within 15 days
18    of an instance. The record shall include the date and time
19    of the occurrence, the circumstances involved in the
20    occurrence, and any other information as the Department may
21    require. Failure to provide this information to the
22    Department or failure to maintain the record as a part of
23    each armed employee's permanent file is grounds for
24    disciplinary action. The Department, upon receipt of a
25    report, shall have the authority to make any investigation
26    it considers appropriate into any occurrence in which an

 

 

HB3395- 472 -LRB100 06973 SMS 17024 b

1    employee's weapon was discharged and to take disciplinary
2    action as may be appropriate.
3        (5) A copy of the employee's permanent employee
4    registration card or a copy of the Department's "License
5    Lookup" Webpage showing that the employee has been issued a
6    valid permanent employee registration card by the
7    Department.
8    The Department may, by rule, prescribe further record
9requirements.
10    (f) Every employer shall furnish an employee
11identification card to each of his or her employees. This
12employee identification card shall contain a recent photograph
13of the employee, the employee's name, the name and agency
14license number of the employer, the employee's personal
15description, the signature of the employer, the signature of
16that employee, the date of issuance, and an employee
17identification card number.
18    (g) No employer may issue an employee identification card
19to any person who is not employed by the employer in accordance
20with this Section or falsely state or represent that a person
21is or has been in his or her employ. It is unlawful for an
22applicant for registered employment to file with the Department
23the fingerprints of a person other than himself or herself.
24    (h) Every employer shall obtain the identification card of
25every employee who terminates employment with him or her.
26    (i) Every employer shall maintain a separate roster of the

 

 

HB3395- 473 -LRB100 06973 SMS 17024 b

1names of all employees currently working in an armed capacity
2and submit the roster to the Department on request.
3    (j) No agency may employ any person to perform a licensed
4activity under this Act unless the person possesses a valid
5permanent employee registration card or a valid license under
6this Act, or is exempt pursuant to subsection (n).
7    (k) Notwithstanding the provisions of subsection (j), an
8agency may employ a person in a temporary capacity if all of
9the following conditions are met:
10        (1) The agency completes in its entirety and submits to
11    the Department an application for a permanent employee
12    registration card, including the required fingerprint
13    receipt and fees.
14        (2) The agency has verification from the Department
15    that the applicant has no record of any criminal conviction
16    pursuant to the criminal history check conducted by the
17    Department of State Police. The agency shall maintain the
18    verification of the results of the Department of State
19    Police criminal history check as part of the employee
20    record as required under subsection (e) of this Section.
21        (3) The agency exercises due diligence to ensure that
22    the person is qualified under the requirements of the Act
23    to be issued a permanent employee registration card.
24        (4) The agency maintains a separate roster of the names
25    of all employees whose applications are currently pending
26    with the Department and submits the roster to the

 

 

HB3395- 474 -LRB100 06973 SMS 17024 b

1    Department on a monthly basis. Rosters are to be maintained
2    by the agency for a period of at least 24 months.
3    An agency may employ only a permanent employee applicant
4for which it either submitted a permanent employee application
5and all required forms and fees or it confirms with the
6Department that a permanent employee application and all
7required forms and fees have been submitted by another agency,
8licensee or the permanent employee and all other requirements
9of this Section are met.
10    The Department shall have the authority to revoke, without
11a hearing, the temporary authority of an individual to work
12upon receipt of Federal Bureau of Investigation fingerprint
13data or a report of another official authority indicating a
14criminal conviction. If the Department has not received a
15temporary employee's Federal Bureau of Investigation
16fingerprint data within 120 days of the date the Department
17received the Department of State Police fingerprint data, the
18Department may, at its discretion, revoke the employee's
19temporary authority to work with 15 days written notice to the
20individual and the employing agency.
21    An agency may not employ a person in a temporary capacity
22if it knows or reasonably should have known that the person has
23been convicted of a crime under the laws of this State, has
24been convicted in another state of any crime that is a crime
25under the laws of this State, has been convicted of any crime
26in a federal court, or has been posted as an unapproved

 

 

HB3395- 475 -LRB100 06973 SMS 17024 b

1applicant by the Department. Notice by the Department to the
2agency, via certified mail, personal delivery, electronic
3mail, or posting on the Department's Internet site accessible
4to the agency that the person has been convicted of a crime
5shall be deemed constructive knowledge of the conviction on the
6part of the agency. The Department may adopt rules to implement
7this subsection (k).
8    (l) No person may be employed under this Section in any
9capacity if:
10        (1) the person, while so employed, is being paid by the
11    United States or any political subdivision for the time so
12    employed in addition to any payments he or she may receive
13    from the employer; or
14        (2) the person wears any portion of his or her official
15    uniform, emblem of authority, or equipment while so
16    employed.
17    (m) If information is discovered affecting the
18registration of a person whose fingerprints were submitted
19under this Section, the Department shall so notify the agency
20that submitted the fingerprints on behalf of that person.
21    (n) Peace officers shall be exempt from the requirements of
22this Section relating to permanent employee registration
23cards. The agency shall remain responsible for any peace
24officer employed under this exemption, regardless of whether
25the peace officer is compensated as an employee or as an
26independent contractor and as further defined by rule.

 

 

HB3395- 476 -LRB100 06973 SMS 17024 b

1    (o) Persons who have no access to confidential or security
2information, who do not go to a client's or prospective
3client's residence or place of business, and who otherwise do
4not provide traditional security services are exempt from
5employee registration. Examples of exempt employees include,
6but are not limited to, employees working in the capacity of
7ushers, directors, ticket takers, cashiers, drivers, and
8reception personnel. Confidential or security information is
9that which pertains to employee files, scheduling, client
10contracts, or technical security and alarm data.
11    (p) An applicant who is 21 years of age or older seeking a
12religious exemption to the photograph requirement of this
13Section shall furnish with the application an approved copy of
14United States Department of the Treasury Internal Revenue
15Service Form 4029. Regardless of age, an applicant seeking a
16religious exemption to this photograph requirement shall
17submit fingerprints in a form and manner prescribed by the
18Department with his or her application in lieu of a photograph.
19(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
20    (225 ILCS 447/40-10)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 40-10. Disciplinary sanctions.
23    (a) The Department may deny issuance, refuse to renew, or
24restore or may reprimand, place on probation, suspend, revoke,
25or take other disciplinary or non-disciplinary action against

 

 

HB3395- 477 -LRB100 06973 SMS 17024 b

1any license, registration, permanent employee registration
2card, canine handler authorization card, canine trainer
3authorization card, or firearm control card, may impose a fine
4not to exceed $10,000 for each violation, and may assess costs
5as provided for under Section 45-60, for any of the following:
6        (1) Fraud, deception, or misrepresentation in
7    obtaining or renewing of a license or registration.
8        (2) Professional incompetence as manifested by poor
9    standards of service.
10        (3) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        (4) Conviction of or plea of guilty or plea of nolo
14    contendere to a felony or misdemeanor in this State or any
15    other jurisdiction or the entry of an administrative
16    sanction by a government agency in this State or any other
17    jurisdiction; action taken under this paragraph (4) for a
18    misdemeanor or an administrative sanction is limited to a
19    misdemeanor or administrative sanction that has as an
20    essential element of dishonesty or fraud or involves
21    larceny, embezzlement, or obtaining money, property, or
22    credit by false pretenses or by means of a confidence game.
23        (5) Performing any services in a grossly negligent
24    manner or permitting any of a licensee's employees to
25    perform services in a grossly negligent manner, regardless
26    of whether actual damage to the public is established.

 

 

HB3395- 478 -LRB100 06973 SMS 17024 b

1        (6) Continued practice, although the person has become
2    unfit to practice due to any of the following:
3            (A) Physical illness, mental illness, or other
4        impairment, including, but not limited to,
5        deterioration through the aging process or loss of
6        motor skills that results in the inability to serve the
7        public with reasonable judgment, skill, or safety.
8            (B) (Blank).
9            (C) Habitual or excessive use or abuse of drugs
10        defined in law as controlled substances, alcohol, or
11        any other substance that results in the inability to
12        practice with reasonable judgment, skill, or safety.
13        (7) Receiving, directly or indirectly, compensation
14    for any services not rendered.
15        (8) Willfully deceiving or defrauding the public on a
16    material matter.
17        (9) Failing to account for or remit any moneys or
18    documents coming into the licensee's possession that
19    belong to another person or entity.
20        (10) Discipline by another United States jurisdiction,
21    foreign nation, or governmental agency, if at least one of
22    the grounds for the discipline is the same or substantially
23    equivalent to those set forth in this Act.
24        (11) Giving differential treatment to a person that is
25    to that person's detriment because of race, color, creed,
26    sex, religion, or national origin.

 

 

HB3395- 479 -LRB100 06973 SMS 17024 b

1        (12) Engaging in false or misleading advertising.
2        (13) Aiding, assisting, or willingly permitting
3    another person to violate this Act or rules promulgated
4    under it.
5        (14) Performing and charging for services without
6    authorization to do so from the person or entity serviced.
7        (15) Directly or indirectly offering or accepting any
8    benefit to or from any employee, agent, or fiduciary
9    without the consent of the latter's employer or principal
10    with intent to or the understanding that this action will
11    influence his or her conduct in relation to his or her
12    employer's or principal's affairs.
13        (16) Violation of any disciplinary order imposed on a
14    licensee by the Department.
15        (17) Performing any act or practice that is a violation
16    of this Act or the rules for the administration of this
17    Act, or having a conviction or administrative finding of
18    guilty as a result of violating any federal or State laws,
19    rules, or regulations that apply exclusively to the
20    practices of private detectives, private alarm
21    contractors, private security contractors, fingerprint
22    vendors, or locksmiths.
23        (18) Conducting an agency without a valid license.
24        (19) Revealing confidential information, except as
25    required by law, including but not limited to information
26    available under Section 2-123 of the Illinois Vehicle Code.

 

 

HB3395- 480 -LRB100 06973 SMS 17024 b

1        (20) Failing to make available to the Department, upon
2    request, any books, records, or forms required by this Act.
3        (21) Failing, within 30 days, to respond to a written
4    request for information from the Department.
5        (22) Failing to provide employment information or
6    experience information required by the Department
7    regarding an applicant for licensure.
8        (23) Failing to make available to the Department at the
9    time of the request any indicia of licensure or
10    registration issued under this Act.
11        (24) Purporting to be a licensee-in-charge of an agency
12    without active participation in the agency.
13        (25) A finding by the Department that the licensee,
14    after having his or her license placed on probationary
15    status, has violated the terms of probation.
16        (26) Violating subsection (f) of Section 30-30.
17        (27) A firearm control card holder having more firearms
18    in his or her immediate possession than he or she can
19    reasonably exercise control over.
20        (28) Failure to report in writing to the Department,
21    within 60 days of an entry of a settlement or a verdict in
22    excess of $10,000, any legal action in which the quality of
23    the licensee's or registrant's professional services was
24    the subject of the legal action.
25    No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

 

 

HB3395- 481 -LRB100 06973 SMS 17024 b

1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3    (b) All fines imposed under this Section shall be paid
4within 60 days after the effective date of the order imposing
5the fine.
6    (c) The Department shall adopt rules that set forth
7standards of service for the following: (i) acceptable error
8rate in the transmission of fingerprint images and other data
9to the Department of State Police; (ii) acceptable error rate
10in the collection and documentation of information used to
11generate fingerprint work orders; and (iii) any other standard
12of service that affects fingerprinting services as determined
13by the Department.
14    The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission, as
16provided in the Mental Health and Developmental Disabilities
17Code, operates as an automatic suspension. The suspension will
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission
20and the issuance of an order so finding and discharging the
21patient.
22(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
 
23    Section 305. The Illinois Public Accounting Act is amended
24by changing Section 20.01 as follows:
 

 

 

HB3395- 482 -LRB100 06973 SMS 17024 b

1    (225 ILCS 450/20.01)  (from Ch. 111, par. 5521.01)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 20.01. Grounds for discipline; license or
4registration.
5    (a) The Department may refuse to issue or renew, or may
6revoke, suspend, or reprimand any registration or registrant,
7any license or licensee, place a licensee or registrant on
8probation for a period of time subject to any conditions the
9Department may specify including requiring the licensee or
10registrant to attend continuing education courses or to work
11under the supervision of another licensee or registrant, impose
12a fine not to exceed $10,000 for each violation, restrict the
13authorized scope of practice, require a licensee or registrant
14to undergo a peer review program, assess costs as provided for
15under Section 20.4, or take other disciplinary or
16non-disciplinary action for any one or more of the following:
17        (1) Violation of any provision of this Act or rule
18    adopted by the Department under this Act or violation of
19    professional standards.
20        (2) Dishonesty, fraud, or deceit in obtaining,
21    reinstating, or restoring a license or registration.
22        (3) Cancellation, revocation, suspension, denial of
23    licensure or registration, or refusal to renew a license or
24    privileges under Section 5.2 for disciplinary reasons in
25    any other U.S. jurisdiction, unit of government, or
26    government agency for any cause.

 

 

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1        (4) Failure, on the part of a licensee under Section 13
2    or registrant under Section 16, to maintain compliance with
3    the requirements for issuance or renewal of a license or
4    registration or to report changes to the Department.
5        (5) Revocation or suspension of the right to practice
6    by or before any state or federal regulatory authority or
7    by the Public Company Accounting Oversight Board.
8        (6) Dishonesty, fraud, deceit, or gross negligence in
9    the performance of services as a licensee or registrant or
10    individual granted privileges under Section 5.2.
11        (7) Conviction by plea of guilty or nolo contendere,
12    finding of guilt, jury verdict, or entry of judgment or
13    sentencing, including, but not limited to, convictions,
14    preceding sentences of supervision, conditional discharge,
15    or first offender probation, under the laws of any
16    jurisdiction of the United States that is (i) a felony or
17    (ii) a misdemeanor, an essential element of which is
18    dishonesty, or that is directly related to the practice of
19    public accounting.
20        (8) Performance of any fraudulent act while holding a
21    license or privilege issued under this Act or prior law.
22        (9) Practicing on a revoked, suspended, or inactive
23    license or registration.
24        (10) Making or filing a report or record that the
25    registrant or licensee knows to be false, willfully failing
26    to file a report or record required by State or federal

 

 

HB3395- 484 -LRB100 06973 SMS 17024 b

1    law, willfully impeding or obstructing the filing or
2    inducing another person to impede or obstruct only those
3    that are signed in the capacity of a licensed CPA or a
4    registered CPA.
5        (11) Aiding or assisting another person in violating
6    any provision of this Act or rules promulgated hereunder.
7        (12) Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud, or harm the public.
10        (13) Habitual or excessive use or abuse of drugs,
11    alcohol, narcotics, stimulants, or any other substance
12    that results in the inability to practice with reasonable
13    skill, judgment, or safety.
14        (14) Directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership, or association
16    any fee, commission, rebate, or other form of compensation
17    for any professional service not actually rendered.
18        (15) Physical illness, including, but not limited to,
19    deterioration through the aging process or loss of motor
20    skill that results in the licensee or registrant's
21    inability to practice under this Act with reasonable
22    judgment, skill, or safety.
23        (16) Solicitation of professional services by using
24    false or misleading advertising.
25        (17) Any conduct reflecting adversely upon the
26    licensee's fitness to perform services while a licensee or

 

 

HB3395- 485 -LRB100 06973 SMS 17024 b

1    individual granted privileges under Section 5.2.
2        (18) Practicing or attempting to practice under a name
3    other than the full name as shown on the license or
4    registration or any other legally authorized name.
5        (19) A finding by the Department that a licensee or
6    registrant has not complied with a provision of any lawful
7    order issued by the Department.
8        (20) Making a false statement to the Department
9    regarding compliance with continuing professional
10    education or peer review requirements.
11        (21) Failing to make a substantive response to a
12    request for information by the Department within 30 days of
13    the request.
14    No consideration shall be given to convictions entered
15prior to the date of the application, where the applicant has
16completed any sentence imposed for that conviction, including
17any period of mandatory supervised release.
18    (b) (Blank).
19    (b-5) All fines or costs imposed under this Section shall
20be paid within 60 days after the effective date of the order
21imposing the fine or costs or in accordance with the terms set
22forth in the order imposing the fine or cost.
23    (c) In cases where the Department of Healthcare and Family
24Services has previously determined a licensee or a potential
25licensee is more than 30 days delinquent in the payment of
26child support and has subsequently certified the delinquency to

 

 

HB3395- 486 -LRB100 06973 SMS 17024 b

1the Department, the Department may refuse to issue or renew or
2may revoke or suspend that person's license or may take other
3disciplinary or non-disciplinary action against that person
4based solely upon the certification of delinquency made by the
5Department of Healthcare and Family Services in accordance with
6item (5) of subsection (a) of Section 2105-15 of the Department
7of Professional Regulation Law of the Civil Administrative Code
8of Illinois.
9    (d) The Department may refuse to issue or may suspend
10without hearing, as provided for in the Code of Civil
11Procedure, the license or registration of any person who fails
12to file a return, to pay a tax, penalty, or interest shown in a
13filed return, or to pay any final assessment of tax, penalty,
14or interest, as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied in accordance
17with subsection (g) of Section 2105-15 of the Department of
18Professional Regulation Law of the Civil Administrative Code of
19Illinois.
20    (e) The Department shall deny any application for a
21license, registration, or renewal, without hearing, to any
22person who has defaulted on an educational loan guaranteed by
23the Illinois Student Assistance Commission; however, the
24Department may issue a license, registration, or renewal if the
25person in default has established a satisfactory repayment
26record as determined by the Illinois Student Assistance

 

 

HB3395- 487 -LRB100 06973 SMS 17024 b

1Commission.
2    (f) The determination by a court that a licensee or
3registrant is subject to involuntary admission or judicial
4admission as provided in the Mental Health and Developmental
5Disabilities Code will result in the automatic suspension of
6his or her license or registration. The licensee or registrant
7shall be responsible for notifying the Department of the
8determination by the court that the licensee or registrant is
9subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code. The suspension shall end only upon a finding by a court
12that the patient is no longer subject to involuntary admission
13or judicial admission, the issuance of an order so finding and
14discharging the patient, and the filing of a petition for
15restoration demonstrating fitness to practice.
16    (g) In enforcing this Section, the Department, upon a
17showing of a possible violation, may compel, any licensee or
18registrant or any individual who has applied for licensure
19under this Act, to submit to a mental or physical examination
20and evaluation, or both, which may include a substance abuse or
21sexual offender evaluation, at the expense of the Department.
22The Department shall specifically designate the examining
23physician licensed to practice medicine in all of its branches
24or, if applicable, the multidisciplinary team involved in
25providing the mental or physical examination and evaluation, or
26both. The multidisciplinary team shall be led by a physician

 

 

HB3395- 488 -LRB100 06973 SMS 17024 b

1licensed to practice medicine in all of its branches and may
2consist of one or more or a combination of physicians licensed
3to practice medicine in all of its branches, licensed
4chiropractic physicians, licensed clinical psychologists,
5licensed clinical social workers, licensed clinical
6professional counselors, and other professional and
7administrative staff. Any examining physician or member of the
8multidisciplinary team may require any person ordered to submit
9to an examination and evaluation under this Section to submit
10to any additional supplemental testing deemed necessary to
11complete any examination or evaluation process, including, but
12not limited to, blood testing, urinalysis, psychological
13testing, or neuropsychological testing. The Department may
14order the examining physician or any member of the
15multidisciplinary team to provide to the Department any and all
16records, including business records, that relate to the
17examination and evaluation, including any supplemental testing
18performed. The Department may order the examining physician or
19any member of the multidisciplinary team to present testimony
20concerning this examination and evaluation of the licensee,
21registrant, or applicant, including testimony concerning any
22supplemental testing or documents relating to the examination
23and evaluation. No information, report, record, or other
24documents in any way related to the examination and evaluation
25shall be excluded by reason of any common law or statutory
26privilege relating to communication between the licensee,

 

 

HB3395- 489 -LRB100 06973 SMS 17024 b

1registrant, or applicant and the examining physician or any
2member of the multidisciplinary team. No authorization is
3necessary from the individual ordered to undergo an evaluation
4and examination for the examining physician or any member of
5the multidisciplinary team to provide information, reports,
6records, or other documents or to provide any testimony
7regarding the examination and evaluation.
8    The individual to be examined may have, at his or her own
9expense, another physician of his or her choice present during
10all aspects of the examination. Failure of any individual to
11submit to mental or physical examination and evaluation, or
12both, when directed, shall result in an automatic suspension,
13without hearing, until such time as the individual submits to
14the examination. If the Department finds a licensee,
15registrant, or applicant unable to practice because of the
16reasons set forth in this Section, the Department shall require
17such licensee, registrant, or applicant to submit to care,
18counseling, or treatment by physicians approved or designated
19by the Department, as a condition for continued, reinstated, or
20renewed licensure to practice.
21    When the Secretary immediately suspends a license or
22registration under this Section, a hearing upon such person's
23license or registration must be convened by the Department
24within 15 days after such suspension and completed without
25appreciable delay. The Department shall have the authority to
26review the subject's record of treatment and counseling

 

 

HB3395- 490 -LRB100 06973 SMS 17024 b

1regarding the impairment, to the extent permitted by applicable
2federal statutes and regulations safeguarding the
3confidentiality of medical records.
4    Individuals licensed or registered under this Act,
5affected under this Section, shall be afforded an opportunity
6to demonstrate to the Department that they can resume practice
7in compliance with acceptable and prevailing standards under
8the provisions of their license or registration.
9(Source: P.A. 98-254, eff. 8-9-13.)
 
10    Section 310. The Real Estate License Act of 2000 is amended
11by changing Section 20-20 as follows:
 
12    (225 ILCS 454/20-20)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 20-20. Grounds for discipline.
15    (a) The Department may refuse to issue or renew a license,
16may place on probation, suspend, or revoke any license,
17reprimand, or take any other disciplinary or non-disciplinary
18action as the Department may deem proper and impose a fine not
19to exceed $25,000 upon any licensee or applicant under this Act
20or any person who holds himself or herself out as an applicant
21or licensee or against a licensee in handling his or her own
22property, whether held by deed, option, or otherwise, for any
23one or any combination of the following causes:
24        (1) Fraud or misrepresentation in applying for, or

 

 

HB3395- 491 -LRB100 06973 SMS 17024 b

1    procuring, a license under this Act or in connection with
2    applying for renewal of a license under this Act.
3        (2) The conviction of or plea of guilty or plea of nolo
4    contendere to a felony or misdemeanor in this State or any
5    other jurisdiction; or the entry of an administrative
6    sanction by a government agency in this State or any other
7    jurisdiction. Action taken under this paragraph (2) for a
8    misdemeanor or an administrative sanction is limited to a
9    misdemeanor or administrative sanction that has as an
10    essential element dishonesty or fraud or involves larceny,
11    embezzlement, or obtaining money, property, or credit by
12    false pretenses or by means of a confidence game.
13        (3) Inability to practice the profession with
14    reasonable judgment, skill, or safety as a result of a
15    physical illness, including, but not limited to,
16    deterioration through the aging process or loss of motor
17    skill, or a mental illness or disability.
18        (4) Practice under this Act as a licensee in a retail
19    sales establishment from an office, desk, or space that is
20    not separated from the main retail business by a separate
21    and distinct area within the establishment.
22        (5) Having been disciplined by another state, the
23    District of Columbia, a territory, a foreign nation, or a
24    governmental agency authorized to impose discipline if at
25    least one of the grounds for that discipline is the same as
26    or the equivalent of one of the grounds for which a

 

 

HB3395- 492 -LRB100 06973 SMS 17024 b

1    licensee may be disciplined under this Act. A certified
2    copy of the record of the action by the other state or
3    jurisdiction shall be prima facie evidence thereof.
4        (6) Engaging in the practice of real estate brokerage
5    without a license or after the licensee's license was
6    expired or while the license was inoperative.
7        (7) Cheating on or attempting to subvert the Real
8    Estate License Exam or continuing education exam.
9        (8) Aiding or abetting an applicant to subvert or cheat
10    on the Real Estate License Exam or continuing education
11    exam administered pursuant to this Act.
12        (9) Advertising that is inaccurate, misleading, or
13    contrary to the provisions of the Act.
14        (10) Making any substantial misrepresentation or
15    untruthful advertising.
16        (11) Making any false promises of a character likely to
17    influence, persuade, or induce.
18        (12) Pursuing a continued and flagrant course of
19    misrepresentation or the making of false promises through
20    licensees, employees, agents, advertising, or otherwise.
21        (13) Any misleading or untruthful advertising, or
22    using any trade name or insignia of membership in any real
23    estate organization of which the licensee is not a member.
24        (14) Acting for more than one party in a transaction
25    without providing written notice to all parties for whom
26    the licensee acts.

 

 

HB3395- 493 -LRB100 06973 SMS 17024 b

1        (15) Representing or attempting to represent a broker
2    other than the sponsoring broker.
3        (16) Failure to account for or to remit any moneys or
4    documents coming into his or her possession that belong to
5    others.
6        (17) Failure to maintain and deposit in a special
7    account, separate and apart from personal and other
8    business accounts, all escrow moneys belonging to others
9    entrusted to a licensee while acting as a broker, escrow
10    agent, or temporary custodian of the funds of others or
11    failure to maintain all escrow moneys on deposit in the
12    account until the transactions are consummated or
13    terminated, except to the extent that the moneys, or any
14    part thereof, shall be:
15            (A) disbursed prior to the consummation or
16        termination (i) in accordance with the written
17        direction of the principals to the transaction or their
18        duly authorized agents, (ii) in accordance with
19        directions providing for the release, payment, or
20        distribution of escrow moneys contained in any written
21        contract signed by the principals to the transaction or
22        their duly authorized agents, or (iii) pursuant to an
23        order of a court of competent jurisdiction; or
24            (B) deemed abandoned and transferred to the Office
25        of the State Treasurer to be handled as unclaimed
26        property pursuant to the Uniform Disposition of

 

 

HB3395- 494 -LRB100 06973 SMS 17024 b

1        Unclaimed Property Act. Escrow moneys may be deemed
2        abandoned under this subparagraph (B) only: (i) in the
3        absence of disbursement under subparagraph (A); (ii)
4        in the absence of notice of the filing of any claim in
5        a court of competent jurisdiction; and (iii) if 6
6        months have elapsed after the receipt of a written
7        demand for the escrow moneys from one of the principals
8        to the transaction or the principal's duly authorized
9        agent.
10    The account shall be noninterest bearing, unless the
11    character of the deposit is such that payment of interest
12    thereon is otherwise required by law or unless the
13    principals to the transaction specifically require, in
14    writing, that the deposit be placed in an interest bearing
15    account.
16        (18) Failure to make available to the Department all
17    escrow records and related documents maintained in
18    connection with the practice of real estate within 24 hours
19    of a request for those documents by Department personnel.
20        (19) Failing to furnish copies upon request of
21    documents relating to a real estate transaction to a party
22    who has executed that document.
23        (20) Failure of a sponsoring broker to timely provide
24    information, sponsor cards, or termination of licenses to
25    the Department.
26        (21) Engaging in dishonorable, unethical, or

 

 

HB3395- 495 -LRB100 06973 SMS 17024 b

1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public.
3        (22) Commingling the money or property of others with
4    his or her own money or property.
5        (23) Employing any person on a purely temporary or
6    single deal basis as a means of evading the law regarding
7    payment of commission to nonlicensees on some contemplated
8    transactions.
9        (24) Permitting the use of his or her license as a
10    broker to enable a leasing agent or unlicensed person to
11    operate a real estate business without actual
12    participation therein and control thereof by the broker.
13        (25) Any other conduct, whether of the same or a
14    different character from that specified in this Section,
15    that constitutes dishonest dealing.
16        (26) Displaying a "for rent" or "for sale" sign on any
17    property without the written consent of an owner or his or
18    her duly authorized agent or advertising by any means that
19    any property is for sale or for rent without the written
20    consent of the owner or his or her authorized agent.
21        (27) Failing to provide information requested by the
22    Department, or otherwise respond to that request, within 30
23    days of the request.
24        (28) Advertising by means of a blind advertisement,
25    except as otherwise permitted in Section 10-30 of this Act.
26        (29) Offering guaranteed sales plans, as defined in

 

 

HB3395- 496 -LRB100 06973 SMS 17024 b

1    clause (A) of this subdivision (29), except to the extent
2    hereinafter set forth:
3            (A) A "guaranteed sales plan" is any real estate
4        purchase or sales plan whereby a licensee enters into a
5        conditional or unconditional written contract with a
6        seller, prior to entering into a brokerage agreement
7        with the seller, by the terms of which a licensee
8        agrees to purchase a property of the seller within a
9        specified period of time at a specific price in the
10        event the property is not sold in accordance with the
11        terms of a brokerage agreement to be entered into
12        between the sponsoring broker and the seller.
13            (B) A licensee offering a guaranteed sales plan
14        shall provide the details and conditions of the plan in
15        writing to the party to whom the plan is offered.
16            (C) A licensee offering a guaranteed sales plan
17        shall provide to the party to whom the plan is offered
18        evidence of sufficient financial resources to satisfy
19        the commitment to purchase undertaken by the broker in
20        the plan.
21            (D) Any licensee offering a guaranteed sales plan
22        shall undertake to market the property of the seller
23        subject to the plan in the same manner in which the
24        broker would market any other property, unless the
25        agreement with the seller provides otherwise.
26            (E) The licensee cannot purchase seller's property

 

 

HB3395- 497 -LRB100 06973 SMS 17024 b

1        until the brokerage agreement has ended according to
2        its terms or is otherwise terminated.
3            (F) Any licensee who fails to perform on a
4        guaranteed sales plan in strict accordance with its
5        terms shall be subject to all the penalties provided in
6        this Act for violations thereof and, in addition, shall
7        be subject to a civil fine payable to the party injured
8        by the default in an amount of up to $25,000.
9        (30) Influencing or attempting to influence, by any
10    words or acts, a prospective seller, purchaser, occupant,
11    landlord, or tenant of real estate, in connection with
12    viewing, buying, or leasing real estate, so as to promote
13    or tend to promote the continuance or maintenance of
14    racially and religiously segregated housing or so as to
15    retard, obstruct, or discourage racially integrated
16    housing on or in any street, block, neighborhood, or
17    community.
18        (31) Engaging in any act that constitutes a violation
19    of any provision of Article 3 of the Illinois Human Rights
20    Act, whether or not a complaint has been filed with or
21    adjudicated by the Human Rights Commission.
22        (32) Inducing any party to a contract of sale or lease
23    or brokerage agreement to break the contract of sale or
24    lease or brokerage agreement for the purpose of
25    substituting, in lieu thereof, a new contract for sale or
26    lease or brokerage agreement with a third party.

 

 

HB3395- 498 -LRB100 06973 SMS 17024 b

1        (33) Negotiating a sale, exchange, or lease of real
2    estate directly with any person if the licensee knows that
3    the person has an exclusive brokerage agreement with
4    another broker, unless specifically authorized by that
5    broker.
6        (34) When a licensee is also an attorney, acting as the
7    attorney for either the buyer or the seller in the same
8    transaction in which the licensee is acting or has acted as
9    a managing broker or broker.
10        (35) Advertising or offering merchandise or services
11    as free if any conditions or obligations necessary for
12    receiving the merchandise or services are not disclosed in
13    the same advertisement or offer. These conditions or
14    obligations include without limitation the requirement
15    that the recipient attend a promotional activity or visit a
16    real estate site. As used in this subdivision (35), "free"
17    includes terms such as "award", "prize", "no charge", "free
18    of charge", "without charge", and similar words or phrases
19    that reasonably lead a person to believe that he or she may
20    receive or has been selected to receive something of value,
21    without any conditions or obligations on the part of the
22    recipient.
23        (36) Disregarding or violating any provision of the
24    Land Sales Registration Act of 1989, the Illinois Real
25    Estate Time-Share Act, or the published rules promulgated
26    by the Department to enforce those Acts.

 

 

HB3395- 499 -LRB100 06973 SMS 17024 b

1        (37) Violating the terms of a disciplinary order issued
2    by the Department.
3        (38) Paying or failing to disclose compensation in
4    violation of Article 10 of this Act.
5        (39) Requiring a party to a transaction who is not a
6    client of the licensee to allow the licensee to retain a
7    portion of the escrow moneys for payment of the licensee's
8    commission or expenses as a condition for release of the
9    escrow moneys to that party.
10        (40) Disregarding or violating any provision of this
11    Act or the published rules promulgated by the Department to
12    enforce this Act or aiding or abetting any individual,
13    partnership, registered limited liability partnership,
14    limited liability company, or corporation in disregarding
15    any provision of this Act or the published rules
16    promulgated by the Department to enforce this Act.
17        (41) Failing to provide the minimum services required
18    by Section 15-75 of this Act when acting under an exclusive
19    brokerage agreement.
20        (42) Habitual or excessive use or addiction to alcohol,
21    narcotics, stimulants, or any other chemical agent or drug
22    that results in a managing broker, broker, or leasing
23    agent's inability to practice with reasonable skill or
24    safety.
25        (43) Enabling, aiding, or abetting an auctioneer, as
26    defined in the Auction License Act, to conduct a real

 

 

HB3395- 500 -LRB100 06973 SMS 17024 b

1    estate auction in a manner that is in violation of this
2    Act.
3    No consideration shall be given to convictions entered
4prior to the date of the application, where the applicant has
5completed any sentence imposed for that conviction, including
6any period of mandatory supervised release.
7    (b) The Department may refuse to issue or renew or may
8suspend the license of any person who fails to file a return,
9pay the tax, penalty or interest shown in a filed return, or
10pay any final assessment of tax, penalty, or interest, as
11required by any tax Act administered by the Department of
12Revenue, until such time as the requirements of that tax Act
13are satisfied in accordance with subsection (g) of Section
142105-15 of the Civil Administrative Code of Illinois.
15    (c) The Department shall deny a license or renewal
16authorized by this Act to a person who has defaulted on an
17educational loan or scholarship provided or guaranteed by the
18Illinois Student Assistance Commission or any governmental
19agency of this State in accordance with item (5) of subsection
20(a) of Section 2105-15 of the Civil Administrative Code of
21Illinois.
22    (d) In cases where the Department of Healthcare and Family
23Services (formerly Department of Public Aid) has previously
24determined that a licensee or a potential licensee is more than
2530 days delinquent in the payment of child support and has
26subsequently certified the delinquency to the Department may

 

 

HB3395- 501 -LRB100 06973 SMS 17024 b

1refuse to issue or renew or may revoke or suspend that person's
2license or may take other disciplinary action against that
3person based solely upon the certification of delinquency made
4by the Department of Healthcare and Family Services in
5accordance with item (5) of subsection (a) of Section 2105-15
6of the Civil Administrative Code of Illinois.
7    (e) In enforcing this Section, the Department or Board upon
8a showing of a possible violation may compel an individual
9licensed to practice under this Act, or who has applied for
10licensure under this Act, to submit to a mental or physical
11examination, or both, as required by and at the expense of the
12Department. The Department or Board may order the examining
13physician to present testimony concerning the mental or
14physical examination of the licensee or applicant. No
15information shall be excluded by reason of any common law or
16statutory privilege relating to communications between the
17licensee or applicant and the examining physician. The
18examining physicians shall be specifically designated by the
19Board or Department. The individual to be examined may have, at
20his or her own expense, another physician of his or her choice
21present during all aspects of this examination. Failure of an
22individual to submit to a mental or physical examination, when
23directed, shall be grounds for suspension of his or her license
24until the individual submits to the examination if the
25Department finds, after notice and hearing, that the refusal to
26submit to the examination was without reasonable cause.

 

 

HB3395- 502 -LRB100 06973 SMS 17024 b

1    If the Department or Board finds an individual unable to
2practice because of the reasons set forth in this Section, the
3Department or Board may require that individual to submit to
4care, counseling, or treatment by physicians approved or
5designated by the Department or Board, as a condition, term, or
6restriction for continued, reinstated, or renewed licensure to
7practice; or, in lieu of care, counseling, or treatment, the
8Department may file, or the Board may recommend to the
9Department to file, a complaint to immediately suspend, revoke,
10or otherwise discipline the license of the individual. An
11individual whose license was granted, continued, reinstated,
12renewed, disciplined or supervised subject to such terms,
13conditions, or restrictions, and who fails to comply with such
14terms, conditions, or restrictions, shall be referred to the
15Secretary for a determination as to whether the individual
16shall have his or her license suspended immediately, pending a
17hearing by the Department.
18    In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that person's
20license must be convened by the Department within 30 days after
21the suspension and completed without appreciable delay. The
22Department and Board shall have the authority to review the
23subject individual's record of treatment and counseling
24regarding the impairment to the extent permitted by applicable
25federal statutes and regulations safeguarding the
26confidentiality of medical records.

 

 

HB3395- 503 -LRB100 06973 SMS 17024 b

1    An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate to
3the Department or Board that he or she can resume practice in
4compliance with acceptable and prevailing standards under the
5provisions of his or her license.
6(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
799-227, eff. 8-3-15.)
 
8    Section 315. The Real Estate Appraiser Licensing Act of
92002 is amended by changing Section 15-10 as follows:
 
10    (225 ILCS 458/15-10)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 15-10. Grounds for disciplinary action.
13    (a) The Department may suspend, revoke, refuse to issue,
14renew, or restore a license and may reprimand place on
15probation or administrative supervision, or take any
16disciplinary or non-disciplinary action, including imposing
17conditions limiting the scope, nature, or extent of the real
18estate appraisal practice of a licensee or reducing the
19appraisal rank of a licensee, and may impose an administrative
20fine not to exceed $25,000 for each violation upon a licensee
21for any one or combination of the following:
22        (1) Procuring or attempting to procure a license by
23    knowingly making a false statement, submitting false
24    information, engaging in any form of fraud or

 

 

HB3395- 504 -LRB100 06973 SMS 17024 b

1    misrepresentation, or refusing to provide complete
2    information in response to a question in an application for
3    licensure.
4        (2) Failing to meet the minimum qualifications for
5    licensure as an appraiser established by this Act.
6        (3) Paying money, other than for the fees provided for
7    by this Act, or anything of value to a member or employee
8    of the Board or the Department to procure licensure under
9    this Act.
10        (4) Conviction by plea of guilty or nolo contendere,
11    finding of guilt, jury verdict, or entry of judgment or by
12    sentencing of any crime, including, but not limited to,
13    convictions, preceding sentences of supervision,
14    conditional discharge, or first offender probation, under
15    the laws of any jurisdiction of the United States: (i) that
16    is a felony; or (ii) that is a misdemeanor, an essential
17    element of which is dishonesty, or that is directly related
18    to the practice of the profession.
19        (5) Committing an act or omission involving
20    dishonesty, fraud, or misrepresentation with the intent to
21    substantially benefit the licensee or another person or
22    with intent to substantially injure another person as
23    defined by rule.
24        (6) Violating a provision or standard for the
25    development or communication of real estate appraisals as
26    provided in Section 10-10 of this Act or as defined by

 

 

HB3395- 505 -LRB100 06973 SMS 17024 b

1    rule.
2        (7) Failing or refusing without good cause to exercise
3    reasonable diligence in developing, reporting, or
4    communicating an appraisal, as defined by this Act or by
5    rule.
6        (8) Violating a provision of this Act or the rules
7    adopted pursuant to this Act.
8        (9) Having been disciplined by another state, the
9    District of Columbia, a territory, a foreign nation, a
10    governmental agency, or any other entity authorized to
11    impose discipline if at least one of the grounds for that
12    discipline is the same as or the equivalent of one of the
13    grounds for which a licensee may be disciplined under this
14    Act.
15        (10) Engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud, or harm the public.
18        (11) Accepting an appraisal assignment when the
19    employment itself is contingent upon the appraiser
20    reporting a predetermined estimate, analysis, or opinion
21    or when the fee to be paid is contingent upon the opinion,
22    conclusion, or valuation reached or upon the consequences
23    resulting from the appraisal assignment.
24        (12) Developing valuation conclusions based on the
25    race, color, religion, sex, national origin, ancestry,
26    age, marital status, family status, physical or mental

 

 

HB3395- 506 -LRB100 06973 SMS 17024 b

1    disability, or unfavorable military discharge, as defined
2    under the Illinois Human Rights Act, of the prospective or
3    present owners or occupants of the area or property under
4    appraisal.
5        (13) Violating the confidential nature of government
6    records to which the licensee gained access through
7    employment or engagement as an appraiser by a government
8    agency.
9        (14) Being adjudicated liable in a civil proceeding on
10    grounds of fraud, misrepresentation, or deceit. In a
11    disciplinary proceeding based upon a finding of civil
12    liability, the appraiser shall be afforded an opportunity
13    to present mitigating and extenuating circumstances, but
14    may not collaterally attack the civil adjudication.
15        (15) Being adjudicated liable in a civil proceeding for
16    violation of a state or federal fair housing law.
17        (16) Engaging in misleading or untruthful advertising
18    or using a trade name or insignia of membership in a real
19    estate appraisal or real estate organization of which the
20    licensee is not a member.
21        (17) Failing to fully cooperate with a Department
22    investigation by knowingly making a false statement,
23    submitting false or misleading information, or refusing to
24    provide complete information in response to written
25    interrogatories or a written request for documentation
26    within 30 days of the request.

 

 

HB3395- 507 -LRB100 06973 SMS 17024 b

1        (18) Failing to include within the certificate of
2    appraisal for all written appraisal reports the
3    appraiser's license number and licensure title. All
4    appraisers providing significant contribution to the
5    development and reporting of an appraisal must be disclosed
6    in the appraisal report. It is a violation of this Act for
7    an appraiser to sign a report, transmittal letter, or
8    appraisal certification knowing that a person providing a
9    significant contribution to the report has not been
10    disclosed in the appraisal report.
11        (19) Violating the terms of a disciplinary order or
12    consent to administrative supervision order.
13        (20) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug
15    that results in a licensee's inability to practice with
16    reasonable judgment, skill, or safety.
17        (21) A physical or mental illness or disability which
18    results in the inability to practice under this Act with
19    reasonable judgment, skill, or safety.
20        (22) Gross negligence in developing an appraisal or in
21    communicating an appraisal or failing to observe one or
22    more of the Uniform Standards of Professional Appraisal
23    Practice.
24        (23) A pattern of practice or other behavior that
25    demonstrates incapacity or incompetence to practice under
26    this Act.

 

 

HB3395- 508 -LRB100 06973 SMS 17024 b

1        (24) Using or attempting to use the seal, certificate,
2    or license of another as his or her own; falsely
3    impersonating any duly licensed appraiser; using or
4    attempting to use an inactive, expired, suspended, or
5    revoked license; or aiding or abetting any of the
6    foregoing.
7        (25) Solicitation of professional services by using
8    false, misleading, or deceptive advertising.
9        (26) Making a material misstatement in furnishing
10    information to the Department.
11        (27) Failure to furnish information to the Department
12    upon written request.
13    No consideration shall be given to convictions entered
14prior to the date of the application, where the applicant has
15completed any sentence imposed for that conviction, including
16any period of mandatory supervised release.
17    (b) The Department may reprimand suspend, revoke, or refuse
18to issue or renew an education provider's license, may
19reprimand, place on probation, or otherwise discipline an
20education provider and may suspend or revoke the course
21approval of any course offered by an education provider and may
22impose an administrative fine not to exceed $25,000 upon an
23education provider, for any of the following:
24        (1) Procuring or attempting to procure licensure by
25    knowingly making a false statement, submitting false
26    information, engaging in any form of fraud or

 

 

HB3395- 509 -LRB100 06973 SMS 17024 b

1    misrepresentation, or refusing to provide complete
2    information in response to a question in an application for
3    licensure.
4        (2) Failing to comply with the covenants certified to
5    on the application for licensure as an education provider.
6        (3) Committing an act or omission involving
7    dishonesty, fraud, or misrepresentation or allowing any
8    such act or omission by any employee or contractor under
9    the control of the provider.
10        (4) Engaging in misleading or untruthful advertising.
11        (5) Failing to retain competent instructors in
12    accordance with rules adopted under this Act.
13        (6) Failing to meet the topic or time requirements for
14    course approval as the provider of a qualifying curriculum
15    course or a continuing education course.
16        (7) Failing to administer an approved course using the
17    course materials, syllabus, and examinations submitted as
18    the basis of the course approval.
19        (8) Failing to provide an appropriate classroom
20    environment for presentation of courses, with
21    consideration for student comfort, acoustics, lighting,
22    seating, workspace, and visual aid material.
23        (9) Failing to maintain student records in compliance
24    with the rules adopted under this Act.
25        (10) Failing to provide a certificate, transcript, or
26    other student record to the Department or to a student as

 

 

HB3395- 510 -LRB100 06973 SMS 17024 b

1    may be required by rule.
2        (11) Failing to fully cooperate with an investigation
3    by the Department by knowingly making a false statement,
4    submitting false or misleading information, or refusing to
5    provide complete information in response to written
6    interrogatories or a written request for documentation
7    within 30 days of the request.
8    (c) In appropriate cases, the Department may resolve a
9complaint against a licensee through the issuance of a Consent
10to Administrative Supervision order. A licensee subject to a
11Consent to Administrative Supervision order shall be
12considered by the Department as an active licensee in good
13standing. This order shall not be reported or considered by the
14Department to be a discipline of the licensee. The records
15regarding an investigation and a Consent to Administrative
16Supervision order shall be considered confidential and shall
17not be released by the Department except as mandated by law. A
18complainant shall be notified if his or her complaint has been
19resolved by a Consent to Administrative Supervision order.
20(Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12;
2198-1109, eff. 1-1-15.)
 
22    Section 320. The Appraisal Management Company Registration
23Act is amended by changing Section 65 as follows:
 
24    (225 ILCS 459/65)

 

 

HB3395- 511 -LRB100 06973 SMS 17024 b

1    Sec. 65. Disciplinary actions.
2    (a) The Department may refuse to issue or renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action as the Department may
5deem appropriate, including imposing fines not to exceed
6$25,000 for each violation, with regard to any registration for
7any one or combination of the following:
8        (1) Material misstatement in furnishing information to
9    the Department.
10        (2) Violations of this Act, or of the rules adopted
11    under this Act.
12        (3) Conviction of, or entry of a plea of guilty or nolo
13    contendere to any crime that is a felony under the laws of
14    the United States or any state or territory thereof or that
15    is a misdemeanor of which an essential element is
16    dishonesty, or any crime that is directly related to the
17    practice of the profession.
18        (4) Making any misrepresentation for the purpose of
19    obtaining registration or violating any provision of this
20    Act or the rules adopted under this Act pertaining to
21    advertising.
22        (5) Professional incompetence.
23        (6) Gross malpractice.
24        (7) Aiding or assisting another person in violating any
25    provision of this Act or rules adopted under this Act.
26        (8) Failing, within 30 days after requested, to provide

 

 

HB3395- 512 -LRB100 06973 SMS 17024 b

1    information in response to a written request made by the
2    Department.
3        (9) Engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public.
6        (10) Discipline by another state, District of
7    Columbia, territory, or foreign nation, if at least one of
8    the grounds for the discipline is the same or substantially
9    equivalent to those set forth in this Section.
10        (11) A finding by the Department that the registrant,
11    after having his or her registration placed on probationary
12    status, has violated the terms of probation.
13        (12) Willfully making or filing false records or
14    reports in his or her practice, including, but not limited
15    to, false records filed with State agencies or departments.
16        (13) Filing false statements for collection of fees for
17    which services are not rendered.
18        (14) Practicing under a false or, except as provided by
19    law, an assumed name.
20        (15) Fraud or misrepresentation in applying for, or
21    procuring, a registration under this Act or in connection
22    with applying for renewal of a registration under this Act.
23        (16) Being adjudicated liable in a civil proceeding for
24    violation of a state or federal fair housing law.
25        (17) Failure to obtain or maintain the bond required
26    under Section 50 of this Act.

 

 

HB3395- 513 -LRB100 06973 SMS 17024 b

1    No consideration shall be given to convictions entered
2prior to the date of the application, where the applicant has
3completed any sentence imposed for that conviction, including
4any period of mandatory supervised release.
5    (b) The Department may refuse to issue or may suspend
6without hearing as provided for in the Civil Administrative
7Code the registration of any person who fails to file a return,
8or to pay the tax, penalty or interest shown in a filed return,
9or to pay any final assessment of the tax, penalty, or interest
10as required by any tax Act administered by the Illinois
11Department of Revenue, until such time as the requirements of
12any such tax Act are satisfied.
13(Source: P.A. 97-602, eff. 8-26-11.)
 
14    Section 325. The Solicitation for Charity Act is amended by
15changing Sections 6 and 8 as follows:
 
16    (225 ILCS 460/6)  (from Ch. 23, par. 5106)
17    Sec. 6. Professional fund raiser registration.
18    (a) No person shall act as a professional fund raiser or
19allow a professional fund raiser entity he owns, manages or
20controls to act for a charitable organization required to
21register pursuant to Section 2 of this Act, or for any
22organization as described in Section 3 of this Act before he
23has registered himself or the entity with the Attorney General
24or after the expiration or cancellation of such registration or

 

 

HB3395- 514 -LRB100 06973 SMS 17024 b

1any renewal thereof. Applications for registration and
2re-registration shall be in writing, under oath, in the form
3prescribed by the Attorney General. A registration fee of $100
4shall be paid with each registration and upon each
5re-registration. Registration and re-registration can proceed
6only if all financial reports have been filed in proper form
7and all fees have been paid in full. If the applicant intends
8to or does take control or possession of charitable funds, the
9applicant shall at the time of making application, file with,
10and have approved by, the Attorney General a bond in which the
11applicant shall be the principal obligor, in the sum of
12$10,000, with one or more corporate sureties licensed to do
13business in this State whose liability in the aggregate will at
14least equal such sum. The bond shall run to the Attorney
15General for the use of the State and to any person who may have
16a cause of action against the obligor of the bond for any
17malfeasance or misfeasance in the conduct of such solicitation;
18provided, that the aggregate limit of liability of the surety
19to the State and to all such persons shall, in no event, exceed
20the sum of such bond. Registration or re-registration when
21effected shall be for a period of one year, or a part thereof,
22expiring on the 30th day of June, and may be renewed upon
23written application, under oath, in the form prescribed by the
24Attorney General and the filing of the bond for additional one
25year periods. Every professional fund raiser required to
26register pursuant to this Act shall file an annual written

 

 

HB3395- 515 -LRB100 06973 SMS 17024 b

1report with the Attorney General containing such information as
2he may require by rule. Certification shall be required for
3only information within the professional fund raiser's
4knowledge.
5    (b) Upon filing a complete registration statement, a
6professional fund raiser shall be given a registration number
7and shall be considered registered. If the materials submitted
8are determined to be inaccurate or incomplete, the Attorney
9General shall notify the professional fund raiser of his
10findings and the defect and that within 30 days his
11registration will be cancelled unless the defect is cured
12within said time.
13    (c) Every professional fund raiser registered under this
14Act who takes possession or control of charitable funds
15directly, indirectly, or through an escrow shall submit a full
16written accounting to the charitable organization of all funds
17it or its agents collected on behalf of the charitable
18organization during the 6 month period ended June 30 of each
19year, and file a copy of the accounting with the Attorney
20General. The accounting shall be in writing under oath and be
21signed and made on forms as prescribed by the Attorney General
22and shall be filed by the following September 30 of each year;
23however, within the time prescribed, and for good cause, the
24Attorney General may grant a 60 day extension of the due date.
25    (d) Every professional fund raiser registered pursuant to
26this Act shall also file calendar year written financial

 

 

HB3395- 516 -LRB100 06973 SMS 17024 b

1reports with the Attorney General containing such information
2as he may require, on forms prescribed by him, as well as
3separate financial reports for each separate fund raising
4campaign conducted. The written report, including all required
5schedules, shall be filed under oath on or before April 30 of
6the following calendar year and be signed and verified under
7penalty of perjury within the time prescribed. An annual report
8fee of $25 shall be paid to the Attorney General with the
9filing of that report. If the report is not timely filed, a
10late filing fee shall result and must be paid prior to
11re-registration. The late filing fee shall be calculated at
12$200 for each and every separate fundraising campaign conducted
13during the report year. For good cause, the Attorney General
14may grant a 30 day extension of the due date, in which case a
15late filing fee shall not be imposed until the expiration of
16the extension period. A copy of the report shall also be given
17to the charitable organization by the due date of filing. A
18professional fund raiser shall only be required to verify
19information actually available to the professional fund
20raiser, but in any event an annual report must be timely filed.
21    (d-5) The calendar year written financial report of every
22professional fund raiser who conducts, manages, or carries on a
23fund raising campaign involving the collection or resale of any
24automobiles, motorcycles, other motor vehicles, boats, yachts,
25or other water craft collected in Illinois during the report
26year, and the distribution of funds from the collection or

 

 

HB3395- 517 -LRB100 06973 SMS 17024 b

1resale of such motor vehicles and water crafts to the
2charitable organization, must include a schedule detailing the
3following information for each motor vehicle and water craft
4collected or resold:
5        (1) The vehicle or hull identification number.
6        (2) The gross resale amount of the vehicle.
7        (3) The total amount distributed to the charitable
8    organization from the collection or resale of the motor
9    vehicle or water craft.
10        (4) Any and all fees, compensation, or other
11    consideration paid to or retained by the professional fund
12    raiser from the collection or resale of the motor vehicle
13    or water craft.
14        (5) The identity of any other professional fund raiser
15    that participated in the collection or resale of the
16    vehicle and any fees, compensation, or other consideration
17    paid to or retained by that other professional fund raiser
18    from the collection or resale of the motor vehicle or water
19    craft.
20    The calendar year written financial report of every
21professional fund raiser who conducts, manages, or carries on a
22fund raising campaign involving the collection or resale of any
23automobile, motorcycle, other motor vehicle, boat, yacht, or
24other water craft collected in Illinois during the report year,
25but who does not distribute funds from such collection or
26resale to the charitable organization, must include a schedule

 

 

HB3395- 518 -LRB100 06973 SMS 17024 b

1detailing the following information for each motor vehicle and
2water craft collected or resold:
3        (1) The vehicle or hull identification number.
4        (2) Any and all fees, compensation, or other
5    consideration paid to or retained by the professional fund
6    raiser from the collection or resale of the motor vehicle
7    or water craft.
8        (3) The identity of the person or entity involved in
9    the fund raising campaign who does distribute funds from
10    the collection or resale of the vehicle to the charitable
11    organization.
12    (e) No consideration shall be given to convictions entered
13prior to the date of the application, where the applicant has
14completed any sentence imposed for that conviction, including
15any period of mandatory supervised release. No person convicted
16of a felony may register as a professional fund raiser, and no
17person convicted of a misdemeanor involving fiscal wrongdoing,
18breach of fiduciary duty or a violation of this Act may
19register as a professional fund raiser for a period of 5 years
20from the date of the conviction or the date of termination of
21the sentence or probation, if any, whichever is later. This
22subsection shall not apply to charitable organizations that
23have as their primary purpose the rehabilitation of criminal
24offenders, the reintegration of criminal offenders into
25society, the improvement of the criminal justice system or the
26improvement of conditions within penal institutions.

 

 

HB3395- 519 -LRB100 06973 SMS 17024 b

1    (f) A professional fund raiser may not cause or allow
2independent contractors to act on its behalf in soliciting
3charitable contributions other than registered professional
4solicitors. A professional fund raiser must maintain the names,
5addresses and social security numbers of all of its
6professional solicitors for a period of at least 2 years.
7    (g) Any person who knowingly violates the provisions of
8subsections (a), (e), and (f) of this Section is guilty of a
9Class 4 felony. Any person who fails after being given notice
10of delinquency to file written financial reports required by
11subsections (c), (d), and (d-5) of this Section which is more
12than 2 months past its due date is guilty of a Class A
13misdemeanor.
14    (h) Any person who violates any of the provisions of this
15Section shall be subject to civil penalties of $5,000 for each
16violation and shall not be entitled to keep or receive fees,
17salaries, commissions or any compensation as a result or on
18account of the solicitations or fund raising campaigns, and at
19the request of the Attorney General or the charitable
20organization, a court may order that such be forfeited and paid
21toward and used for a charitable purpose as the court in its
22discretion determines is appropriate or placed in the Illinois
23Charity Bureau Fund.
24(Source: P.A. 94-749, eff. 1-1-07.)
 
25    (225 ILCS 460/8)  (from Ch. 23, par. 5108)

 

 

HB3395- 520 -LRB100 06973 SMS 17024 b

1    Sec. 8. (a) No person shall act as a professional solicitor
2in the employ of a professional fund raiser required to
3register pursuant to Section 6 of this Act before he has
4registered with the Attorney General or after the expiration or
5cancellation of such registration or any renewal thereof.
6Application for registration or re-registration shall be in
7writing, under oath, in the form prescribed by the Attorney
8General. It shall describe the method and amount the solicitor
9will be paid and the charities for which the solicitor will be
10soliciting. Such registration or re-registration when effected
11shall be for a period of one year, or a part thereof, expiring
12on the 30th day of June, and may be renewed upon written
13application, under oath, in the form prescribed by the Attorney
14General for additional one year periods.
15    (b) Any person who violates the provisions of this Section
16is guilty of a Class A misdemeanor.
17    (c) No consideration shall be given to convictions entered
18prior to the date of the application, where the applicant has
19completed any sentence imposed for that conviction, including
20any period of mandatory supervised release. No person convicted
21of a felony may register as a professional solicitor. No person
22convicted of a misdemeanor involving fiscal wrongdoing, breach
23of fiduciary duty, or a violation of this Act may register as a
24professional solicitor.
25    (d) Any person who violates the provisions of this Section
26shall not be entitled to keep or receive fees, salaries,

 

 

HB3395- 521 -LRB100 06973 SMS 17024 b

1commissions, or any compensation as a result or on account of
2the solicitations or fund raising campaigns, and at the request
3of the Attorney General a court may order that such fees,
4salaries, commissions, or compensation shall be forfeited and
5distributed for charitable use.
6(Source: P.A. 87-755.)
 
7    Section 330. The Nurse Agency Licensing Act is amended by
8changing Section 8 as follows:
 
9    (225 ILCS 510/8)  (from Ch. 111, par. 958)
10    Sec. 8. Grounds for denial of a license. An application for
11a license may be denied for any of the following reasons:
12    (a) failure to comply with the minimum standards set forth
13by this Act or its rules;
14    (b) (blank); conviction of the applicant of a felony;
15    (c) insufficient financial or other resources to operate
16the nurse agency in accordance with the requirements of this
17Act and the minimum standards, rules and regulations
18promulgated thereunder; or
19    (d) failure to establish appropriate personnel policies
20and procedures for selecting nurses and certified nurse aides
21for employment, assignment or referral.
22    No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including

 

 

HB3395- 522 -LRB100 06973 SMS 17024 b

1any period of mandatory supervised release.
2(Source: P.A. 86-817.)
 
3    Section 335. The Animal Welfare Act is amended by changing
4Section 10 as follows:
 
5    (225 ILCS 605/10)  (from Ch. 8, par. 310)
6    Sec. 10. Grounds for discipline. The Department may refuse
7to issue or renew or may suspend or revoke a license on any one
8or more of the following grounds:
9        a. Material misstatement in the application for
10    original license or in the application for any renewal
11    license under this Act;
12        b. A violation of this Act or of any regulations or
13    rules issued pursuant thereto;
14        c. Aiding or abetting another in the violation of this
15    Act or of any regulation or rule issued pursuant thereto;
16        d. Allowing one's license under this Act to be used by
17    an unlicensed person;
18        e. Conviction of any crime an essential element of
19    which is misstatement, fraud or dishonesty or conviction of
20    any felony, if the Department determines, after
21    investigation, that such person has not been sufficiently
22    rehabilitated to warrant the public trust;
23        f. Conviction of a violation of any law of Illinois
24    except minor violations such as traffic violations and

 

 

HB3395- 523 -LRB100 06973 SMS 17024 b

1    violations not related to the disposition of dogs, cats and
2    other animals or any rule or regulation of the Department
3    relating to dogs or cats and sale thereof;
4        g. Making substantial misrepresentations or false
5    promises of a character likely to influence, persuade or
6    induce in connection with the business of a licensee under
7    this Act;
8        h. Pursuing a continued course of misrepresentation of
9    or making false promises through advertising, salesman,
10    agents or otherwise in connection with the business of a
11    licensee under this Act;
12        i. Failure to possess the necessary qualifications or
13    to meet the requirements of the Act for the issuance or
14    holding a license; or
15        j. Proof that the licensee is guilty of gross
16    negligence, incompetency, or cruelty with regard to
17    animals.
18    No consideration shall be given to convictions entered
19prior to the date of the application, where the applicant has
20completed any sentence imposed for that conviction, including
21any period of mandatory supervised release.
22    The Department may refuse to issue or may suspend the
23license of any person who fails to file a return, or to pay the
24tax, penalty or interest shown in a filed return, or to pay any
25final assessment of tax, penalty or interest, as required by
26any tax Act administered by the Illinois Department of Revenue,

 

 

HB3395- 524 -LRB100 06973 SMS 17024 b

1until such time as the requirements of any such tax Act are
2satisfied.
3    The Department may order any licensee to cease operation
4for a period not to exceed 72 hours to correct deficiencies in
5order to meet licensing requirements.
6    If the Department revokes a license under this Act at an
7administrative hearing, the licensee and any individuals
8associated with that license shall be prohibited from applying
9for or obtaining a license under this Act for a minimum of 3
10years.
11(Source: P.A. 99-310, eff. 1-1-16.)
 
12    Section 340. The Illinois Feeder Swine Dealer Licensing Act
13is amended by changing Section 9 as follows:
 
14    (225 ILCS 620/9)  (from Ch. 111, par. 209)
15    Sec. 9. Grounds for refusal to issue or renew license and
16for license suspension and revocation. The Department may
17refuse to issue or renew or may suspend or revoke a license on
18any one or more of the following grounds:
19    a. Material misstatement in the application for original
20license or in the application for any renewal license under
21this Act;
22    b. Disregard or violation of this Act, any other Act
23relative to the purchase and sale of livestock or any
24regulation or rule issued pursuant thereto;

 

 

HB3395- 525 -LRB100 06973 SMS 17024 b

1    c. Aiding or abetting another in the violation of this Act
2or of any regulation or rule issued pursuant thereto;
3    d. Allowing one's license under this Act to be used by an
4unlicensed person;
5    e. Conviction of any crime an essential element of which is
6misstatement, fraud or dishonesty or conviction of any felony,
7if the Department determines, after investigation, that such
8person has not been sufficiently rehabilitated to warrant the
9public trust;
10    f. Conviction of a violation of any law of Illinois or any
11rule or regulation of the Department relating to feeder swine;
12    g. Making substantial misrepresentations or false promises
13of a character likely to influence, persuade or induce in
14connection with the livestock industry;
15    h. Pursuing a continued course of misrepresentation of or
16making false promises through advertising, salesmen, agents or
17otherwise in connection with the livestock industry;
18    i. Failure to possess the necessary qualifications or to
19meet the requirements of this Act for the issuance or holding
20of a license;
21    j. Operating without the bond or trust fund agreement
22required by this Act; or
23    k. Failing to file a return, or to pay the tax, penalty or
24interest shown in a filed return, or to pay any final
25assessment of tax, penalty or interest, as required by any tax
26Act administered by the Illinois Department of Revenue.

 

 

HB3395- 526 -LRB100 06973 SMS 17024 b

1    No consideration shall be given to convictions entered
2prior to the date of the application, where the applicant has
3completed any sentence imposed for that conviction, including
4any period of mandatory supervised release.
5(Source: P.A. 89-154, eff. 7-19-95.)
 
6    Section 345. The Illinois Horse Meat Act is amended by
7changing Section 3.2 as follows:
 
8    (225 ILCS 635/3.2)  (from Ch. 56 1/2, par. 242.2)
9    Sec. 3.2. The following persons are ineligible for
10licenses:
11    a. A person who is not a resident of the city, village or
12county in which the premises covered by the license are
13located; except in case of railroad or boat licenses.
14    b. A person who is not of good character and reputation in
15the community in which he resides.
16    c. A person who is not a citizen of the United States.
17    d. (Blank). A person who has been convicted of a felony.
18    e. (Blank). A person who has been convicted of a crime or
19misdemeanor opposed to decency and morality.
20    f. A person whose license issued under this Act has been
21revoked for cause.
22    g. A person who at the time of application for renewal of
23any license issued hereunder would not be eligible for such
24license upon a first application.

 

 

HB3395- 527 -LRB100 06973 SMS 17024 b

1    h. A co-partnership, unless all of the members of such
2co-partnership shall be qualified to obtain a license.
3    i. A corporation, if any officer, manager or director
4thereof or any stockholder or stockholders owning in the
5aggregate more than five percent (5%) of the stock of such
6corporation, would not be eligible to receive a license
7hereunder for any reason other than citizenship and residence
8within the political subdivision.
9    j. A person whose place of business is conducted by a
10manager or agent unless said manager or agent possesses the
11same qualifications required of the licensee.
12(Source: Laws 1955, p. 388.)
 
13    Section 350. The Illinois Livestock Dealer Licensing Act is
14amended by changing Section 9 as follows:
 
15    (225 ILCS 645/9)  (from Ch. 111, par. 409)
16    Sec. 9. The Department may refuse to issue or renew or may
17suspend or revoke a license on any of the following grounds:
18        a. Material misstatement in the application for
19    original license or in the application for any renewal
20    license under this Act;
21        b. Wilful disregard or violation of this Act, or of any
22    other Act relative to the purchase and sale of livestock,
23    feeder swine or horses, or of any regulation or rule issued
24    pursuant thereto;

 

 

HB3395- 528 -LRB100 06973 SMS 17024 b

1        c. Wilfully aiding or abetting another in the violation
2    of this Act or of any regulation or rule issued pursuant
3    thereto;
4        d. Allowing one's license under this Act to be used by
5    an unlicensed person;
6        e. Conviction of any felony, if the Department
7    determines, after investigation, that such person has not
8    been sufficiently rehabilitated to warrant the public
9    trust;
10        f. Conviction of any crime an essential element of
11    which is misstatement, fraud or dishonesty;
12        g. Conviction of a violation of any law in Illinois or
13    any Departmental rule or regulation relating to livestock;
14        h. Making substantial misrepresentations or false
15    promises of a character likely to influence, persuade or
16    induce in connection with the livestock industry;
17        i. Pursuing a continued course of misrepresentation of
18    or making false promises through advertising, salesmen,
19    agents or otherwise in connection with the livestock
20    industry;
21        j. Failure to possess the necessary qualifications or
22    to meet the requirements of this Act for the issuance or
23    holding a license;
24        k. Failure to pay for livestock after purchase;
25        l. Issuance of checks for payment of livestock when
26    funds are insufficient;

 

 

HB3395- 529 -LRB100 06973 SMS 17024 b

1        m. Determination by a Department audit that the
2    licensee or applicant is insolvent;
3        n. Operating without adequate bond coverage or its
4    equivalent required for licensees;
5        o. Failing to remit the assessment required in Section
6    9 of the Beef Market Development Act upon written complaint
7    of the Checkoff Division of the Illinois Beef Association
8    Board of Governors.
9    No consideration shall be given to convictions entered
10prior to the date of the application, where the applicant has
11completed any sentence imposed for that conviction, including
12any period of mandatory supervised release.
13    The Department may refuse to issue or may suspend the
14license of any person who fails to file a return, or to pay the
15tax, penalty or interest shown in a filed return, or to pay any
16final assessment of tax, penalty or interest, as required by
17any tax Act administered by the Illinois Department of Revenue,
18until such time as the requirements of any such tax Act are
19satisfied.
20(Source: P.A. 99-389, eff. 8-18-15; 99-642, eff. 7-28-16.)
 
21    Section 355. The Slaughter Livestock Buyers Act is amended
22by changing Section 7 as follows:
 
23    (225 ILCS 655/7)  (from Ch. 111, par. 508)
24    Sec. 7. The Department may refuse to issue or may suspend

 

 

HB3395- 530 -LRB100 06973 SMS 17024 b

1or revoke a certificate of registration on any of the following
2grounds:
3    a. Material misstatement in the application for original
4registration;
5    b. Wilful disregard or violation of this Act or of any
6regulation or rule issued pursuant thereto;
7    c. Wilfully aiding or abetting another in the violation of
8this Act or of any regulation or rule issued pursuant thereto;
9    d. Conviction of any felony, if the Department determines,
10after investigation, that such person has not been sufficiently
11rehabilitated to warrant the public trust;
12    e. Conviction of any crime an essential element of which is
13misstatement, fraud or dishonesty;
14    f. Conviction of a violation of any law of Illinois
15relating to the purchase of livestock or any Departmental rule
16or regulation pertaining thereto;
17    g. Making substantial misrepresentations or false promises
18of a character likely to influence, persuade or induce in
19connection with the business conducted under this Act;
20    h. Pursuing a continued course of misrepresentation of or
21making false promises through advertising, salesman, agent or
22otherwise in connection with the business conducted under this
23Act;
24    i. Failure to possess the necessary qualifications or to
25meet the requirements of this Act;
26    j. Failure to pay for livestock within 24 hours after

 

 

HB3395- 531 -LRB100 06973 SMS 17024 b

1purchase, except as otherwise provided in Section 16;
2    k. If Department audit determines the registrant to be
3insolvent; or
4    l. Issuance of checks for payment of livestock when funds
5are insufficient.
6    No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10(Source: P.A. 80-915.)
 
11    Section 360. The Professional Geologist Licensing Act is
12amended by changing Section 80 as follows:
 
13    (225 ILCS 745/80)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 80. Disciplinary actions.
16    (a) The Department may refuse to issue or renew, or may
17revoke, suspend, place on probation, reprimand, or take other
18disciplinary or non-disciplinary action as the Department may
19deem appropriate, including fines not to exceed $10,000 for
20each violation, with regard to any license for any one or
21combination of the following:
22        (1) Material misstatement in furnishing information to
23    the Department.
24        (2) Violations of this Act, or of the rules promulgated

 

 

HB3395- 532 -LRB100 06973 SMS 17024 b

1    under this Act.
2        (3) Conviction by plea of guilty or nolo contendere,
3    finding of guilt, jury verdict, or entry of judgment or by
4    sentencing of any crime, including, but not limited to,
5    convictions, preceding sentences of supervision,
6    conditional discharge, or first offender probation, under
7    the laws of any jurisdiction of the United States: (i) that
8    is a felony or (ii) that is a misdemeanor, an essential
9    element of which is dishonesty, or that is directly related
10    to the practice of the profession.
11        (4) Making any misrepresentation for the purpose of
12    obtaining licensure or violating any provision of this Act
13    or the rules promulgated under this Act pertaining to
14    advertising.
15        (5) Professional incompetence.
16        (6) Malpractice.
17        (7) Aiding or assisting another person in violating any
18    provision of this Act or rules promulgated under this Act.
19        (8) Failing, within 60 days, to provide information in
20    response to a written request made by the Department.
21        (9) Engaging in dishonorable, unethical, or
22    unprofessional conduct of a character likely to deceive,
23    defraud, or harm the public.
24        (10) Habitual or excessive use or addiction to alcohol,
25    narcotics, stimulants, or any other chemical agent or drug
26    that results in the inability to practice with reasonable

 

 

HB3395- 533 -LRB100 06973 SMS 17024 b

1    judgment, skill, or safety.
2        (11) Discipline by another state, the District of
3    Columbia, a territory of the United States, or a foreign
4    nation, if at least one of the grounds for the discipline
5    is the same or substantially equivalent to those set forth
6    in this Section.
7        (12) Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership, or association
9    any fee, commission, rebate or other form of compensation
10    for professional services not actually or personally
11    rendered.
12        (13) A finding by the Department that the licensee,
13    after having his or her license placed on probationary
14    status, has violated the terms of probation.
15        (14) Willfully making or filing false records or
16    reports in his or her practice, including but not limited
17    to, false records filed with State agencies or departments.
18        (15) Physical illness, including but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill that results in the inability to practice the
21    profession with reasonable judgment, skill, or safety.
22        (16) Solicitation of professional services other than
23    permitted advertising.
24        (17) Conviction of or cash compromise of a charge or
25    violation of the Illinois Controlled Substances Act
26    regulating narcotics.

 

 

HB3395- 534 -LRB100 06973 SMS 17024 b

1        (18) Failure to (i) file a tax return, (ii) pay the
2    tax, penalty, or interest shown in a filed return, or (iii)
3    pay any final assessment of tax, penalty, or interest, as
4    required by any tax Act administered by the Illinois
5    Department of Revenue, until the requirements of that tax
6    Act are satisfied.
7        (19) Conviction by any court of competent
8    jurisdiction, either within or outside this State, of any
9    violation of any law governing the practice of professional
10    geology, if the Department determines, after
11    investigation, that the person has not been sufficiently
12    rehabilitated to warrant the public trust.
13        (20) Gross, willful, or continued overcharging for
14    professional services, including filing false statements
15    for collection of fees for which services are not rendered.
16        (21) Practicing under a false or, except as provided by
17    law, an assumed name.
18        (22) Fraud or misrepresentation in applying for, or
19    procuring, a license to practice as a Licensed Professional
20    Geologist under this Act or in connection with applying for
21    renewal of a license under this Act.
22        (23) Cheating on or attempting to subvert the licensing
23    examination administered under this Act.
24    No consideration shall be given to convictions entered
25prior to the date of the application, where the applicant has
26completed any sentence imposed for that conviction, including

 

 

HB3395- 535 -LRB100 06973 SMS 17024 b

1any period of mandatory supervised release.
2    (b) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code operates as an automatic suspension. The suspension will
6end only upon a finding by a court that the licensee is no
7longer subject to the involuntary admission or judicial
8admission and issues an order so finding and discharging the
9licensee; and upon the recommendation of the Board to the
10Secretary that the licensee be allowed to resume his or her
11practice.
12    All fines imposed under this Section shall be paid within
1360 days after the effective date of the order imposing the fine
14or in accordance with the terms set forth in the order imposing
15the fine.
16(Source: P.A. 99-26, eff. 7-10-15.)
 
17    Section 365. The Humane Euthanasia in Animal Shelters Act
18is amended by changing Section 65 as follows:
 
19    (510 ILCS 72/65)
20    Sec. 65. Refused issuance, suspension, or revocation of
21certification. The Department may refuse to issue, renew, or
22restore a certification or may revoke or suspend a
23certification, or place on probation, reprimand, impose a fine
24not to exceed $10,000 for each violation, or take other

 

 

HB3395- 536 -LRB100 06973 SMS 17024 b

1disciplinary or non-disciplinary action as the Department may
2deem proper with regard to a certified euthanasia agency or a
3certified euthanasia technician for any one or combination of
4the following reasons:
5        (1) in the case of a certified euthanasia technician,
6    failing to carry out the duties of a euthanasia technician
7    set forth in this Act or rules adopted under this Act;
8        (2) abusing the use of any controlled substance or
9    euthanasia drug;
10        (3) selling, stealing, or giving controlled substances
11    or euthanasia drugs away;
12        (4) abetting anyone in violating item (1) or (2) of
13    this Section;
14        (5) violating any provision of this Act, the Illinois
15    Controlled Substances Act, the Illinois Food, Drug and
16    Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the
17    federal Controlled Substances Act, the rules adopted under
18    these Acts, or any rules adopted by the Department of
19    Professional Regulation concerning the euthanizing of
20    animals;
21        (6) in the case of a euthanasia technician, acting as a
22    euthanasia technician outside of the scope of his or her
23    employment with a certified euthanasia agency; and
24        (7) in the case of a euthanasia technician, being
25    convicted of or entering a plea of guilty or nolo
26    contendere to any crime that is (i) a felony under the laws

 

 

HB3395- 537 -LRB100 06973 SMS 17024 b

1    of the United States or any state or territory thereof,
2    (ii) a misdemeanor under the laws of the United States or
3    any state or territory an essential element of which is
4    dishonesty, or (iii) directly related to the practice of
5    the profession.
6    No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10(Source: P.A. 96-780, eff. 8-28-09; 97-813, eff. 7-13-12.)

 

 

HB3395- 538 -LRB100 06973 SMS 17024 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2630/5.2
4    105 ILCS 5/21B-15
5    105 ILCS 5/21B-80
6    205 ILCS 635/7-3
7    210 ILCS 50/3.50
8    215 ILCS 155/21from Ch. 73, par. 1421
9    225 ILCS 2/110
10    225 ILCS 5/16from Ch. 111, par. 7616
11    225 ILCS 15/15from Ch. 111, par. 5365
12    225 ILCS 20/19from Ch. 111, par. 6369
13    225 ILCS 25/23from Ch. 111, par. 2323
14    225 ILCS 25/24from Ch. 111, par. 2324
15    225 ILCS 30/95from Ch. 111, par. 8401-95
16    225 ILCS 37/35
17    225 ILCS 41/15-75
18    225 ILCS 46/25 rep.
19    225 ILCS 50/18from Ch. 111, par. 7418
20    225 ILCS 51/75
21    225 ILCS 55/85from Ch. 111, par. 8351-85
22    225 ILCS 57/45
23    225 ILCS 63/110
24    225 ILCS 65/55-10was 225 ILCS 65/10-30
25    225 ILCS 65/60-10

 

 

HB3395- 539 -LRB100 06973 SMS 17024 b

1    225 ILCS 65/65-5was 225 ILCS 65/15-10
2    225 ILCS 65/70-5was 225 ILCS 65/10-45
3    225 ILCS 70/17from Ch. 111, par. 3667
4    225 ILCS 75/19from Ch. 111, par. 3719
5    225 ILCS 80/24from Ch. 111, par. 3924
6    225 ILCS 84/90
7    225 ILCS 85/30from Ch. 111, par. 4150
8    225 ILCS 90/17from Ch. 111, par. 4267
9    225 ILCS 95/21from Ch. 111, par. 4621
10    225 ILCS 100/24from Ch. 111, par. 4824
11    225 ILCS 106/95
12    225 ILCS 107/80
13    225 ILCS 109/75
14    225 ILCS 110/16from Ch. 111, par. 7916
15    225 ILCS 115/25from Ch. 111, par. 7025
16    225 ILCS 120/55from Ch. 111, par. 8301-55
17    225 ILCS 125/105
18    225 ILCS 130/75
19    225 ILCS 135/95
20    225 ILCS 227/35
21    225 ILCS 230/1005from Ch. 111, par. 7855
22    225 ILCS 305/22from Ch. 111, par. 1322
23    225 ILCS 310/13from Ch. 111, par. 8213
24    225 ILCS 315/18.1
25    225 ILCS 325/24from Ch. 111, par. 5224
26    225 ILCS 330/27from Ch. 111, par. 3277

 

 

HB3395- 540 -LRB100 06973 SMS 17024 b

1    225 ILCS 335/9.1from Ch. 111, par. 7509.1
2    225 ILCS 340/20from Ch. 111, par. 6620
3    225 ILCS 345/15from Ch. 111, par. 7116
4    225 ILCS 401/75
5    225 ILCS 407/20-15
6    225 ILCS 410/4-7from Ch. 111, par. 1704-7
7    225 ILCS 412/75
8    225 ILCS 415/23from Ch. 111, par. 6223
9    225 ILCS 420/9from Ch. 111, par. 7659
10    225 ILCS 422/80
11    225 ILCS 425/9from Ch. 111, par. 2012
12    225 ILCS 427/85
13    225 ILCS 430/14from Ch. 111, par. 2415
14    225 ILCS 441/15-10
15    225 ILCS 443/115
16    225 ILCS 447/15-10
17    225 ILCS 447/20-10
18    225 ILCS 447/25-10
19    225 ILCS 447/30-10
20    225 ILCS 447/31-10
21    225 ILCS 447/35-30
22    225 ILCS 447/40-10
23    225 ILCS 450/20.01from Ch. 111, par. 5521.01
24    225 ILCS 454/20-20
25    225 ILCS 458/15-10
26    225 ILCS 459/65

 

 

HB3395- 541 -LRB100 06973 SMS 17024 b

1    225 ILCS 460/6from Ch. 23, par. 5106
2    225 ILCS 460/8from Ch. 23, par. 5108
3    225 ILCS 510/8from Ch. 111, par. 958
4    225 ILCS 605/10from Ch. 8, par. 310
5    225 ILCS 620/9from Ch. 111, par. 209
6    225 ILCS 635/3.2from Ch. 56 1/2, par. 242.2
7    225 ILCS 645/9from Ch. 111, par. 409
8    225 ILCS 655/7from Ch. 111, par. 508
9    225 ILCS 745/80
10    510 ILCS 72/65