Sen. Kwame Raoul

Filed: 3/10/2017

 

 


 

 


 
10000SB2053sam001LRB100 08715 SMS 23371 a

1
AMENDMENT TO SENATE BILL 2053

2    AMENDMENT NO. ______. Amend Senate Bill 2053 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Lottery Law is amended by changing
5Section 10.1 and by adding Section 10.1b as follows:
 
6    (20 ILCS 1605/10.1)  (from Ch. 120, par. 1160.1)
7    Sec. 10.1. The following are ineligible for any license
8under this Act:
9        (a) any person who has been convicted of a felony where
10    such conviction will impair the person's ability to engage
11    in the licensed position;
12        (b) any person who is or has been a professional
13    gambler or gambling promoter;
14        (c) any person who has engaged in bookmaking or other
15    forms of illegal gambling;
16        (d) any person who is not of good character and

 

 

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1    reputation in the community in which he resides;
2        (e) any person who has been found guilty of any fraud
3    or misrepresentation in any connection;
4        (f) any firm or corporation in which a person defined
5    in (a), (b), (c), (d) or (e) has a proprietary, equitable
6    or credit interest of 5% or more.
7        (g) any organization in which a person defined in (a),
8    (b), (c), (d) or (e) is an officer, director, or managing
9    agent, whether compensated or not;
10        (h) any organization in which a person defined in (a),
11    (b), (c), (d), or (e) is to participate in the management
12    or sales of lottery tickets or shares.
13    However, with respect to persons defined in (a), the
14Department may grant any such person a license under this Act
15when:
16        (1) a period of 5 years after the conviction or 3 years
17    since release from confinement, whichever is later, has
18    elapsed without a subsequent conviction 1) at least 10
19    years have elapsed since the date when the sentence for the
20    most recent such conviction was satisfactorily completed;
21        (2) 2) the applicant has no history of criminal
22    activity subsequent to such conviction;
23        (2.5) the applicant completed their sentence
24    successfully and, for applicants serving a term of parole
25    or probation, the applicant's probation or parole officer
26    provides a progress report that documents the applicant's

 

 

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1    compliance with conditions of supervision;
2        (3) (blank); and 3) the applicant has complied with all
3    conditions of probation, conditional discharge,
4    supervision, parole or mandatory supervised release; and
5        (4) 4) the applicant presents at least 3 letters of
6    recommendation from responsible citizens in his community
7    who personally can attest that the character and attitude
8    of the applicant indicate that he is unlikely to commit
9    another crime or the applicant provides other evidence of
10    rehabilitation or rehabilitative effort during or after
11    incarceration, or during or after a term of supervision,
12    including, but not limited to, a certificate of good
13    conduct under Section 5-5.5-25 of the Unified Code of
14    Corrections or a certificate of relief from disabilities
15    under Section 5-5.5-10 of the Unified Code of Corrections.
16    The Department may revoke, without notice or a hearing, the
17license of any agent who violates this Act or any rule or
18regulation promulgated pursuant to this Act. However, if the
19Department does revoke a license without notice and an
20opportunity for a hearing, the Department shall, by appropriate
21notice, afford the person whose license has been revoked an
22opportunity for a hearing within 30 days after the revocation
23order has been issued. As a result of any such hearing, the
24Department may confirm its action in revoking the license, or
25it may order the restoration of such license.
26(Source: P.A. 97-464, eff. 10-15-11.)
 

 

 

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1    (20 ILCS 1605/10.1b new)
2    Sec. 10.1b. Applicant convictions.
3    (a) If the Department refuses to issue a license to an
4applicant, then the Department shall notify the applicant of
5the denial in writing with the following included in the notice
6of denial:
7        (1) a statement about the decision to refuse to issue a
8    license;
9        (2) a list of the convictions that the Department
10    determined will impair the applicant's ability to engage in
11    the position for which a license is sought;
12        (3) a list of convictions that formed the sole or
13    partial basis for the refusal to issue a license; and
14        (4) a summary of the appeal process or the earliest the
15    applicant may reapply for a license, whichever is
16    applicable.
17    (b) No later than May 1 of each year, the Department must
18prepare, publicly announce, and publish a report of summary
19statistical information relating to new and renewal license
20applications during the preceding calendar year. Each report
21shall show, at a minimum:
22        (1) the number of applicants for a new or renewal
23    license under this Act within the previous calendar year;
24        (2) the number of applicants for a new or renewal
25    license under this Act within the previous calendar year

 

 

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1    who had any criminal conviction;
2        (3) the number of applicants for a new or renewal
3    license under this Act in the previous calendar year who
4    were granted a license;
5        (4) the number of applicants for a new or renewal
6    license with a criminal conviction who were granted a
7    license under this Act within the previous calendar year;
8        (5) the number of applicants for a new or renewal
9    license under this Act within the previous calendar year
10    who were denied a license;
11        (6) the number of applicants for a new or renewal
12    license with a criminal conviction who were denied a
13    license under this Act in the previous calendar year in
14    whole or in part because of a prior conviction;
15        (7) the number of licenses issued on probation without
16    monitoring under this Act in the previous calendar year to
17    applicants with a criminal conviction; and
18        (8) the number of licenses issued on probation with
19    monitoring under this Act in the previous calendar year to
20    applicants with a criminal conviction.
21    (c) The Department shall not require the applicant to
22report the following information and shall not consider the
23following criminal history records in connection with an
24application for licensure:
25        (1) Juvenile adjudications of delinquent minors as
26    defined in Section 5-105 of the Juvenile Court Act of 1987,

 

 

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1    subject to the restrictions set forth in Section 5-130 of
2    the Juvenile Court Act of 1987.
3        (2) Law enforcement records, court records, and
4    conviction records of an individual who was 17 years old at
5    the time of the offense and before January 1, 2014, unless
6    the nature of the offense required the individual to be
7    tried as an adult.
8        (3) Records of arrest not followed by a conviction.
9        (4) Convictions overturned by a higher court.
10        (5) Convictions or arrests that have been sealed or
11    expunged.
 
12    Section 10. The Criminal Identification Act is amended by
13changing Section 12 as follows:
 
14    (20 ILCS 2630/12)
15    Sec. 12. Entry of order; effect of expungement or sealing
16records.
17    (a) Except with respect to law enforcement agencies, the
18Department of Corrections, State's Attorneys, or other
19prosecutors, and as provided in Section 13 of this Act, an
20expunged or sealed record may not be considered by any private
21or public entity in employment matters, certification,
22licensing, revocation of certification or licensure, or
23registration. Applications for employment must contain
24specific language which states that the applicant is not

 

 

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1obligated to disclose sealed or expunged records of conviction
2or arrest. The entity authorized to grant a license,
3certification, or registration shall include, in an
4application for certification, registration, or licensure,
5specific language stating that the applicant is not obligated
6to disclose sealed or expunged records of a conviction or
7arrest; however, if the inclusion of that language in an
8application for certification, registration, or licensure is
9not practical, the entity shall publish on its website
10instructions specifying that applicants are not obligated to
11disclose sealed or expunged records of a conviction or arrest.
12Employers may not ask if an applicant has had records expunged
13or sealed.
14    (b) A person whose records have been sealed or expunged is
15not entitled to remission of any fines, costs, or other money
16paid as a consequence of the sealing or expungement. This
17amendatory Act of the 93rd General Assembly does not affect the
18right of the victim of a crime to prosecute or defend a civil
19action for damages. Persons engaged in civil litigation
20involving criminal records that have been sealed may petition
21the court to open the records for the limited purpose of using
22them in the course of litigation.
23(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
 
24    Section 15. The Cigarette Tax Act is amended by changing
25Sections 4, 4b, and 4c and by adding Section 4i as follows:
 

 

 

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1    (35 ILCS 130/4)  (from Ch. 120, par. 453.4)
2    Sec. 4. Distributor's license. No person may engage in
3business as a distributor of cigarettes in this State within
4the meaning of the first 2 definitions of distributor in
5Section 1 of this Act without first having obtained a license
6therefor from the Department. Application for license shall be
7made to the Department in form as furnished and prescribed by
8the Department. Each applicant for a license under this Section
9shall furnish to the Department on the form signed and verified
10by the applicant under penalty of perjury the following
11information:
12        (a) The name and address of the applicant;
13        (b) The address of the location at which the applicant
14    proposes to engage in business as a distributor of
15    cigarettes in this State;
16        (c) Such other additional information as the
17    Department may lawfully require by its rules and
18    regulations.
19    The annual license fee payable to the Department for each
20distributor's license shall be $250. The purpose of such annual
21license fee is to defray the cost, to the Department, of
22serializing cigarette tax stamps. Each applicant for license
23shall pay such fee to the Department at the time of submitting
24his application for license to the Department.
25    Every applicant who is required to procure a distributor's

 

 

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1license shall file with his application a joint and several
2bond. Such bond shall be executed to the Department of Revenue,
3with good and sufficient surety or sureties residing or
4licensed to do business within the State of Illinois, in the
5amount of $2,500, conditioned upon the true and faithful
6compliance by the licensee with all of the provisions of this
7Act. Such bond, or a reissue thereof, or a substitute therefor,
8shall be kept in effect during the entire period covered by the
9license. A separate application for license shall be made, a
10separate annual license fee paid, and a separate bond filed,
11for each place of business at which a person who is required to
12procure a distributor's license under this Section proposes to
13engage in business as a distributor in Illinois under this Act.
14    The following are ineligible to receive a distributor's
15license under this Act:
16            (1) a person who is not of good character and
17        reputation in the community in which he resides; the
18        Department may consider past conviction of a felony but
19        the conviction shall not operate as an absolute bar to
20        licensure;
21            (2) a person who has been convicted of a felony
22        under any Federal or State law, if the Department,
23        after investigation and a hearing and consideration of
24        mitigating factors and evidence of rehabilitation
25        contained in the applicant's record, including those
26        in Section 4i , if requested by the applicant,

 

 

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1        determines that such person has not been sufficiently
2        rehabilitated to warrant the public trust and the
3        conviction will impair the ability of the person to
4        engage in the position for which a license is sought;
5            (3) a corporation, if any officer, manager or
6        director thereof, or any stockholder or stockholders
7        owning in the aggregate more than 5% of the stock of
8        such corporation, would not be eligible to receive a
9        license under this Act for any reason;
10            (4) a person, or any person who owns more than 15
11        percent of the ownership interests in a person or a
12        related party who:
13                (a) owes, at the time of application, any
14            delinquent cigarette taxes that have been
15            determined by law to be due and unpaid, unless the
16            license applicant has entered into an agreement
17            approved by the Department to pay the amount due;
18                (b) had a license under this Act revoked within
19            the past two years by the Department for misconduct
20            relating to stolen or contraband cigarettes or has
21            been convicted of a State or federal crime,
22            punishable by imprisonment of one year or more,
23            relating to stolen or contraband cigarettes;
24                (c) manufactures cigarettes, whether in this
25            State or out of this State, and who is neither (i)
26            a participating manufacturer as defined in

 

 

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1            subsection II(jj) of the "Master Settlement
2            Agreement" as defined in Sections 10 of the Tobacco
3            Products Manufacturers' Escrow Act and the Tobacco
4            Products Manufacturers' Escrow Enforcement Act of
5            2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii)
6            in full compliance with Tobacco Products
7            Manufacturers' Escrow Act and the Tobacco Products
8            Manufacturers' Escrow Enforcement Act of 2003 (30
9            ILCS 168/ and 30 ILCS 167/);
10                (d) has been found by the Department, after
11            notice and a hearing, to have imported or caused to
12            be imported into the United States for sale or
13            distribution any cigarette in violation of 19
14            U.S.C. 1681a;
15                (e) has been found by the Department, after
16            notice and a hearing, to have imported or caused to
17            be imported into the United States for sale or
18            distribution or manufactured for sale or
19            distribution in the United States any cigarette
20            that does not fully comply with the Federal
21            Cigarette Labeling and Advertising Act (15 U.S.C.
22            1331, et seq.); or
23                (f) has been found by the Department, after
24            notice and a hearing, to have made a material false
25            statement in the application or has failed to
26            produce records required to be maintained by this

 

 

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1            Act.
2    The Department, upon receipt of an application, license fee
3and bond in proper form, from a person who is eligible to
4receive a distributor's license under this Act, shall issue to
5such applicant a license in form as prescribed by the
6Department, which license shall permit the applicant to which
7it is issued to engage in business as a distributor at the
8place shown in his application. All licenses issued by the
9Department under this Act shall be valid for not to exceed one
10year after issuance unless sooner revoked, canceled or
11suspended as provided in this Act. No license issued under this
12Act is transferable or assignable. Such license shall be
13conspicuously displayed in the place of business conducted by
14the licensee in Illinois under such license. No distributor
15licensee acquires any vested interest or compensable property
16right in a license issued under this Act.
17    A licensed distributor shall notify the Department of any
18change in the information contained on the application form,
19including any change in ownership and shall do so within 30
20days after any such change.
21    Any person aggrieved by any decision of the Department
22under this Section may, within 20 days after notice of the
23decision, protest and request a hearing. Upon receiving a
24request for a hearing, the Department shall give notice to the
25person requesting the hearing of the time and place fixed for
26the hearing and shall hold a hearing in conformity with the

 

 

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1provisions of this Act and then issue its final administrative
2decision in the matter to that person. In the absence of a
3protest and request for a hearing within 20 days, the
4Department's decision shall become final without any further
5determination being made or notice given.
6(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
7    (35 ILCS 130/4b)  (from Ch. 120, par. 453.4b)
8    Sec. 4b. (a) The Department may, in its discretion, upon
9application, issue permits authorizing the payment of the tax
10herein imposed by out-of-State cigarette manufacturers who are
11not required to be licensed as distributors of cigarettes in
12this State, but who elect to qualify under this Act as
13distributors of cigarettes in this State, and who, to the
14satisfaction of the Department, furnish adequate security to
15insure payment of the tax, provided that any such permit shall
16extend only to cigarettes which such permittee manufacturer
17places in original packages that are contained inside a sealed
18transparent wrapper. Such permits shall be issued without
19charge in such form as the Department may prescribe and shall
20not be transferable or assignable.
21    The following are ineligible to receive a distributor's
22permit under this subsection:
23        (1) a person who is not of good character and
24    reputation in the community in which he resides; the
25    Department may consider past conviction of a felony but the

 

 

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1    conviction shall not operate as an absolute bar to
2    receiving a permit;
3        (2) a person who has been convicted of a felony under
4    any Federal or State law, if the Department, after
5    investigation and a hearing and consideration of
6    mitigating factors and evidence of rehabilitation
7    contained in the applicant's record, including those in
8    Section 4i of this Act, if requested by the applicant,
9    determines that such person has not been sufficiently
10    rehabilitated to warrant the public trust and the
11    conviction will impair the ability of the person to engage
12    in the position for which a permit is sought;
13        (3) a corporation, if any officer, manager or director
14    thereof, or any stockholder or stockholders owning in the
15    aggregate more than 5% of the stock of such corporation,
16    would not be eligible to receive a permit under this Act
17    for any reason.
18    With respect to cigarettes which come within the scope of
19such a permit and which any such permittee delivers or causes
20to be delivered in Illinois to licensed distributors, such
21permittee shall remit the tax imposed by this Act at the times
22provided for in Section 3 of this Act. Each such remittance
23shall be accompanied by a return filed with the Department on a
24form to be prescribed and furnished by the Department and shall
25disclose such information as the Department may lawfully
26require. The Department may promulgate rules to require that

 

 

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1the permittee's return be accompanied by appropriate
2computer-generated magnetic media supporting schedule data in
3the format prescribed by the Department, unless, as provided by
4rule, the Department grants an exception upon petition of the
5permittee. Each such return shall be accompanied by a copy of
6each invoice rendered by the permittee to any licensed
7distributor to whom the permittee delivered cigarettes of the
8type covered by the permit (or caused cigarettes of the type
9covered by the permit to be delivered) in Illinois during the
10period covered by such return.
11    Such permit may be suspended, canceled or revoked when, at
12any time, the Department considers that the security given is
13inadequate, or that such tax can more effectively be collected
14from distributors located in this State, or whenever the
15permittee violates any provision of this Act or any lawful rule
16or regulation issued by the Department pursuant to this Act or
17is determined to be ineligible for a distributor's permit under
18this Act as provided in this Section, whenever the permittee
19shall notify the Department in writing of his desire to have
20the permit canceled. The Department shall have the power, in
21its discretion, to issue a new permit after such suspension,
22cancellation or revocation, except when the person who would
23receive the permit is ineligible to receive a distributor's
24permit under this Act.
25    All permits issued by the Department under this Act shall
26be valid for not to exceed one year after issuance unless

 

 

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1sooner revoked, canceled or suspended as in this Act provided.
2    (b) Out-of-state cigarette manufacturers who are not
3required to be licensed as distributors of cigarettes in this
4State and who do not elect to obtain approval under subsection
54b(a) to pay the tax imposed by this Act, but who elect to
6qualify under this Act as distributors of cigarettes in this
7State for purposes of shipping and delivering unstamped
8original packages of cigarettes into this State to licensed
9distributors, shall obtain a permit from the Department. These
10permits shall be issued without charge in such form as the
11Department may prescribe and shall not be transferable or
12assignable.
13    The following are ineligible to receive a distributor's
14permit under this subsection:
15        (1) a person who is not of good character and
16    reputation in the community in which he or she resides; the
17    Department may consider past conviction of a felony but the
18    conviction shall not operate as an absolute bar to
19    receiving a permit;
20        (2) a person who has been convicted of a felony under
21    any federal or State law, if the Department, after
22    investigation and a hearing and consideration of
23    mitigating factors and evidence of rehabilitation
24    contained in the applicant's record, including those set
25    forth in Section 4i of this Act, if requested by the
26    applicant, determines that the person has not been

 

 

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1    sufficiently rehabilitated to warrant the public trust and
2    the conviction will impair the ability of the person to
3    engage in the position for which a permit is sought; and
4        (3) a corporation, if any officer, manager, or director
5    thereof, or any stockholder or stockholders owning in the
6    aggregate more than 5% of the stock of the corporation,
7    would not be eligible to receive a permit under this Act
8    for any reason.
9    With respect to original packages of cigarettes that such
10permittee delivers or causes to be delivered in Illinois and
11distributes to the public for promotional purposes without
12consideration, the permittee shall pay the tax imposed by this
13Act by remitting the amount thereof to the Department by the
145th day of each month covering cigarettes shipped or otherwise
15delivered in Illinois for those purposes during the preceding
16calendar month. The permittee, before delivering those
17cigarettes or causing those cigarettes to be delivered in this
18State, shall evidence his or her obligation to remit the taxes
19due with respect to those cigarettes by imprinting language to
20be prescribed by the Department on each original package of
21cigarettes, in such place thereon and in such manner also to be
22prescribed by the Department. The imprinted language shall
23acknowledge the permittee's payment of or liability for the tax
24imposed by this Act with respect to the distribution of those
25cigarettes.
26    With respect to cigarettes that the permittee delivers or

 

 

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1causes to be delivered in Illinois to Illinois licensed
2distributors or distributed to the public for promotional
3purposes, the permittee shall, by the 5th day of each month,
4file with the Department, a report covering cigarettes shipped
5or otherwise delivered in Illinois to licensed distributors or
6distributed to the public for promotional purposes during the
7preceding calendar month on a form to be prescribed and
8furnished by the Department and shall disclose such other
9information as the Department may lawfully require. The
10Department may promulgate rules to require that the permittee's
11report be accompanied by appropriate computer-generated
12magnetic media supporting schedule data in the format
13prescribed by the Department, unless, as provided by rule, the
14Department grants an exception upon petition of the permittee.
15Each such report shall be accompanied by a copy of each invoice
16rendered by the permittee to any purchaser to whom the
17permittee delivered cigarettes of the type covered by the
18permit (or caused cigarettes of the type covered by the permit
19to be delivered) in Illinois during the period covered by such
20report.
21    Such permit may be suspended, canceled, or revoked whenever
22the permittee violates any provision of this Act or any lawful
23rule or regulation issued by the Department pursuant to this
24Act, is determined to be ineligible for a distributor's permit
25under this Act as provided in this Section, or notifies the
26Department in writing of his or her desire to have the permit

 

 

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1canceled. The Department shall have the power, in its
2discretion, to issue a new permit after such suspension,
3cancellation, or revocation, except when the person who would
4receive the permit is ineligible to receive a distributor's
5permit under this Act.
6    All permits issued by the Department under this Act shall
7be valid for a period not to exceed one year after issuance
8unless sooner revoked, canceled, or suspended as provided in
9this Act.
10(Source: P.A. 96-782, eff. 1-1-10.)
 
11    (35 ILCS 130/4c)
12    Sec. 4c. Secondary distributor's license. No person may
13engage in business as a secondary distributor of cigarettes in
14this State without first having obtained a license therefor
15from the Department. Application for license shall be made to
16the Department on a form as furnished and prescribed by the
17Department. Each applicant for a license under this Section
18shall furnish the following information to the Department on a
19form signed and verified by the applicant under penalty of
20perjury:
21        (1) the name and address of the applicant;
22        (2) the address of the location at which the applicant
23    proposes to engage in business as a secondary distributor
24    of cigarettes in this State; and
25        (3) such other additional information as the

 

 

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1    Department may reasonably require.
2    The annual license fee payable to the Department for each
3secondary distributor's license shall be $250. Each applicant
4for a license shall pay such fee to the Department at the time
5of submitting an application for license to the Department.
6    A separate application for license shall be made and
7separate annual license fee paid for each place of business at
8which a person who is required to procure a secondary
9distributor's license under this Section proposes to engage in
10business as a secondary distributor in Illinois under this Act.
11    The following are ineligible to receive a secondary
12distributor's license under this Act:
13        (1) a person who is not of good character and
14    reputation in the community in which he resides; the
15    Department may consider past conviction of a felony but the
16    conviction shall not operate as an absolute bar to
17    receiving a license;
18        (2) a person who has been convicted of a felony under
19    any federal or State law, if the Department, after
20    investigation and a hearing and consideration of the
21    mitigating factors provided in subsection (b) of Section 4i
22    of this Act, if requested by the applicant, determines that
23    such person has not been sufficiently rehabilitated to
24    warrant the public trust and the conviction will impair the
25    ability of the person to engage in the position for which a
26    license is sought;

 

 

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1        (3) a corporation, if any officer, manager, or director
2    thereof, or any stockholder or stockholders owning in the
3    aggregate more than 5% of the stock of such corporation,
4    would not be eligible to receive a license under this Act
5    for any reason;
6        (4) a person who manufactures cigarettes, whether in
7    this State or out of this State;
8        (5) a person, or any person who owns more than 15% of
9    the ownership interests in a person or a related party who:
10            (A) owes, at the time of application, any
11        delinquent cigarette taxes that have been determined
12        by law to be due and unpaid, unless the license
13        applicant has entered into an agreement approved by the
14        Department to pay the amount due;
15            (B) had a license under this Act revoked within the
16        past two years by the Department or has been convicted
17        of a State or federal crime, punishable by imprisonment
18        of one year or more, relating to stolen or contraband
19        cigarettes;
20            (C) has been found by the Department, after notice
21        and a hearing, to have imported or caused to be
22        imported into the United States for sale or
23        distribution any cigarette in violation of 19 U.S.C.
24        1681a;
25            (D) has been found by the Department, after notice
26        and a hearing, to have imported or caused to be

 

 

10000SB2053sam001- 22 -LRB100 08715 SMS 23371 a

1        imported into the United States for sale or
2        distribution or manufactured for sale or distribution
3        in the United States any cigarette that does not fully
4        comply with the Federal Cigarette Labeling and
5        Advertising Act (15 U.S.C. 1331, et seq.); or
6            (E) has been found by the Department, after notice
7        and a hearing, to have made a material false statement
8        in the application or has failed to produce records
9        required to be maintained by this Act.
10    The Department, upon receipt of an application and license
11fee from a person who is eligible to receive a secondary
12distributor's license under this Act, shall issue to such
13applicant a license in such form as prescribed by the
14Department. The license shall permit the applicant to which it
15is issued to engage in business as a secondary distributor at
16the place shown in his application. All licenses issued by the
17Department under this Act shall be valid for a period not to
18exceed one year after issuance unless sooner revoked, canceled,
19or suspended as provided in this Act. No license issued under
20this Act is transferable or assignable. Such license shall be
21conspicuously displayed in the place of business conducted by
22the licensee in Illinois under such license. No secondary
23distributor licensee acquires any vested interest or
24compensable property right in a license issued under this Act.
25    A licensed secondary distributor shall notify the
26Department of any change in the information contained on the

 

 

10000SB2053sam001- 23 -LRB100 08715 SMS 23371 a

1application form, including any change in ownership, and shall
2do so within 30 days after any such change.
3    Any person aggrieved by any decision of the Department
4under this Section may, within 20 days after notice of the
5decision, protest and request a hearing. Upon receiving a
6request for a hearing, the Department shall give notice to the
7person requesting the hearing of the time and place fixed for
8the hearing and shall hold a hearing in conformity with the
9provisions of this Act and then issue its final administrative
10decision in the matter to that person. In the absence of a
11protest and request for a hearing within 20 days, the
12Department's decision shall become final without any further
13determination being made or notice given.
14(Source: P.A. 96-1027, eff. 7-12-10.)
 
15    (35 ILCS 130/4i new)
16    Sec. 4i. Applicant convictions.
17    (a) The Department shall not require applicants to report
18the following information and shall not consider the following
19criminal history records in connection with an application for
20a license or permit under this Act:
21        (1) Juvenile adjudications of delinquent minors as
22    defined in Section 5-105 of the Juvenile Court Act of 1987,
23    subject to the restrictions set forth in Section 5-130 of
24    the Juvenile Court Act of 1987.
25        (2) Law enforcement, court records, and conviction

 

 

10000SB2053sam001- 24 -LRB100 08715 SMS 23371 a

1    records of an individual who was 17 years old at the time
2    of the offense and before January 1, 2014, unless the
3    nature of the offense required the individual to be tried
4    as an adult.
5        (3) Records of arrest not followed by a conviction.
6        (4) Convictions overturned by a higher court.
7        (5) Convictions or arrests that have been sealed or
8    expunged.
9    (b) The Department, upon a finding that an applicant for a
10license or permit was previously convicted of a felony under
11any federal or State law, shall consider any mitigating factors
12and evidence of rehabilitation contained in such applicant's
13record, including any of the following factors and evidence, to
14determine if the applicant has been sufficiently rehabilitated
15and whether a prior conviction will impair the ability of the
16applicant to engage in the position for which a license or
17permit is sought:
18        (1) the lack of direct relation of the offense for
19    which the applicant was previously convicted to the duties,
20    functions, and responsibilities of the position for which a
21    license or permit is sought;
22        (2) whether 5 years since a felony conviction or 3
23    years since release from confinement for the conviction,
24    whichever is later, have passed without a subsequent
25    conviction;
26        (3) if the applicant was previously licensed or

 

 

10000SB2053sam001- 25 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 26 -LRB100 08715 SMS 23371 a

1notice of denial:
2        (1) a statement about the decision to refuse to issue a
3    license or permit;
4        (2) a list of the convictions that the Department
5    determined will impair the applicant's ability to engage in
6    the position for which a license or permit is sought;
7        (3) a list of convictions that formed the sole or
8    partial basis for the refusal to issue a license or permit;
9    and
10        (4) a summary of the appeal process or the earliest the
11    applicant may reapply for a license, whichever is
12    applicable.
13    (d) No later than May 1 of each year, the Department must
14prepare, publicly announce, and publish a report of summary
15statistical information relating to new and renewal license or
16permit applications during the preceding calendar year. Each
17report shall show, at a minimum:
18        (1) the number of applicants for a new or renewal
19    license or permit under this Act within the previous
20    calendar year;
21        (2) the number of applicants for a new or renewal
22    license or permit under this Act within the previous
23    calendar year who had any criminal conviction;
24        (3) the number of applicants for a new or renewal
25    license or permit under this Act in the previous calendar
26    year who were granted a license or permit;

 

 

10000SB2053sam001- 27 -LRB100 08715 SMS 23371 a

1        (4) the number of applicants for a new or renewal
2    license or permit with a criminal conviction who were
3    granted a license or permit under this Act within the
4    previous calendar year;
5        (5) the number of applicants for a new or renewal
6    license or permit under this Act within the previous
7    calendar year who were denied a license or permit;
8        (6) the number of applicants for a new or renewal
9    license or permit with a criminal conviction who were
10    denied a license or permit under this Act in the previous
11    calendar year in whole or in part because of a prior
12    conviction;
13        (7) the number of licenses or permits issued on
14    probation without monitoring under this Act in the previous
15    calendar year to applicants with a criminal conviction; and
16        (8) the number of licenses or permits issued on
17    probation with monitoring under this Act in the previous
18    calendar year to applicants with a criminal conviction.
 
19    Section 20. The Counties Code is amended by changing
20Section 5-10004 and by adding Section 5-10004a as follows:
 
21    (55 ILCS 5/5-10004)  (from Ch. 34, par. 5-10004)
22    Sec. 5-10004. Qualifications for license. A license to
23operate or maintain a dance hall may be issued by the county
24board to any citizen, firm or corporation of the State, who

 

 

10000SB2053sam001- 28 -LRB100 08715 SMS 23371 a

1    (1) Submits a written application for a license, which
2application shall state, and the applicant shall state under
3oath:
4        (a) The name, address, and residence of the applicant,
5    and the length of time he has lived at that residence; :
6        (b) The place of birth of the applicant, and if the
7    applicant is a naturalized citizen, the time and place of
8    such naturalization;
9        (c) Whether the applicant has a prior felony
10    conviction; and That the applicant has never been convicted
11    of a felony, or of a misdemeanor punishable under the laws
12    of this State by a minimum imprisonment of six months or
13    longer.
14        (d) The location of the place or building where the
15    applicant intends to operate or maintain the dance hall.
16    (2) And who establishes:
17        (a) That he is a person of good moral character; and
18        (b) that the place or building where the dance hall or
19    road house is to be operated or maintained, reasonably
20    conforms to all laws, and health and fire regulations
21    applicable thereto, and is properly ventilated and
22    supplied with separate and sufficient toilet arrangements
23    for each sex, and is a safe and proper place or building
24    for a public dance hall or road house.
25(Source: P.A. 86-962.)
 

 

 

10000SB2053sam001- 29 -LRB100 08715 SMS 23371 a

1    (55 ILCS 5/5-10004a new)
2    Sec. 5-10004a. Applicant convictions.
3    (a) Applicants shall not be required to report the
4following information and the following information shall not
5be considered in connection with an application for a license
6under this Act:
7        (1) Juvenile adjudications of delinquent minors, as
8    defined in Section 5-105 of the Juvenile Court Act of 1987,
9    subject to the restrictions set forth in Section 5-130
10    Juvenile Court Act of 1987.
11        (2) Law enforcement, court records, and conviction
12    records of an individual who was 17 years old at the time
13    of the offense and before January 1, 2014, unless the
14    nature of the offense required the individual to be tried
15    as an adult.
16        (3) Records of arrest not followed by a conviction.
17        (4) Convictions overturned by a higher court.
18        (5) Convictions or arrests that have been sealed or
19    expunged.
20    (b) No application for a license under this Division shall
21be denied by reason of a finding of lack of "good moral
22character" when the finding is based upon the fact that the
23applicant has previously been convicted of one or more criminal
24offenses.
25    (c) The county board, upon finding that an applicant for a
26license under this Act has a prior conviction for a felony,

 

 

10000SB2053sam001- 30 -LRB100 08715 SMS 23371 a

1shall consider any evidence of rehabilitation and mitigating
2factors contained in the applicant's record, including any of
3the following factors and evidence, to determine if the
4conviction will impair the ability of the applicant to engage
5in the position for which a license is sought:
6        (1) the lack of direct relation of the offense for
7    which the applicant was previously convicted to the duties,
8    functions, and responsibilities of the position for which a
9    license is sought;
10        (2) whether 5 years since a felony conviction or 3
11    years since release from confinement for the conviction,
12    whichever is later, have passed without a subsequent
13    conviction;
14        (3) if the applicant was previously licensed or
15    employed in this State or other state or jurisdictions,
16    then the lack of prior misconduct arising from or related
17    to the licensed position or position of employment;
18        (4) the age of the person at the time of the criminal
19    offense;
20        (5) successful completion of sentence and, for
21    applicants serving a term of parole or probation, a
22    progress report provided by the applicant's probation or
23    parole officer that documents the applicant's compliance
24    with conditions of supervision;
25        (6) evidence of the applicant's present fitness and
26    professional character;

 

 

10000SB2053sam001- 31 -LRB100 08715 SMS 23371 a

1        (7) evidence of rehabilitation or rehabilitative
2    effort during or after incarceration, or during or after a
3    term of supervision, including but not limited to a
4    certificate of good conduct under Section 5-5.5-25 of the
5    Unified Code of Corrections or a certificate of relief from
6    disabilities under Section 5-5.5-10 of the Unified Code of
7    Corrections; and
8        (8) any other mitigating factors that contribute to the
9    person's potential and current ability to perform the
10    duties and responsibilities of the position for which a
11    license or employment is sought.
12    (d) If the county board refuses to issue a license to an
13applicant, then the county board shall notify the applicant of
14the denial in writing with the following included in the notice
15of denial:
16        (1) a statement about the decision to refuse to issue a
17    license;
18        (2) a list of the convictions that the county board
19    determined will impair the applicant's ability to engage in
20    the position for which a license is sought;
21        (3) a list of convictions that formed the sole or
22    partial basis for the refusal to issue a license; and
23        (4) a summary of the appeal process or the earliest the
24    applicant may reapply for a license, whichever is
25    applicable.
26    (e) No later than May 1 of each year, the board must

 

 

10000SB2053sam001- 32 -LRB100 08715 SMS 23371 a

1prepare, publicly announce, and publish a report of summary
2statistical information relating to new and renewal license
3applications during the preceding calendar year. Each report
4shall show, at a minimum:
5        (1) the number of applicants for a new or renewal
6    license under this Act within the previous calendar year;
7        (2) the number of applicants for a new or renewal
8    license under this Act within the previous calendar year
9    who had any criminal conviction;
10        (3) the number of applicants for a new or renewal
11    license under this Act in the previous calendar year who
12    were granted a license;
13        (4) the number of applicants for a new or renewal
14    license with a criminal conviction who were granted a
15    license under this Act within the previous calendar year;
16        (5) the number of applicants for a new or renewal
17    license under this Act within the previous calendar year
18    who were denied a license;
19        (6) the number of applicants for a new or renewal
20    license with a criminal conviction who were denied a
21    license under this Act in the previous calendar year in
22    whole or in part because of a prior conviction;
23        (7) the number of licenses issued on probation without
24    monitoring under this Act in the previous calendar year to
25    applicants with a criminal conviction; and
26        (8) the number of licenses issued on probation with

 

 

10000SB2053sam001- 33 -LRB100 08715 SMS 23371 a

1    monitoring under this Act in the previous calendar year to
2    applicants with a criminal conviction.
 
3    Section 30. The Clinical Social Work and Social Work
4Practice Act is amended by changing Section 19 and by adding
5Section 9A.1 as follows:
 
6    (225 ILCS 20/9A.1 new)
7    Sec. 9A.1. Applicant convictions.
8    (a) The Department and the Board shall not require
9applicants to report information about the following and shall
10not consider the following criminal history records in
11connection with an application for licensure:
12        (1) Juvenile adjudications of delinquent minors as
13    defined in Section 5-105 of the Juvenile Court Act of 1987,
14    subject to the restrictions set forth in Section 5-130 of
15    the Juvenile Court Act of 1987.
16        (2) Law enforcement records, court records, and
17    conviction records of an individual who was 17 years old at
18    the time of the offense and before January 1, 2014, unless
19    the nature of the offense required the individual to be
20    tried as an adult.
21        (3) Records of arrest not followed by a charge or
22    conviction unless related to the practice of the
23    profession.
24        (4) Records of arrest where charges were dismissed

 

 

10000SB2053sam001- 34 -LRB100 08715 SMS 23371 a

1    unless related to the practice of the profession. However,
2    applicants shall not be asked to report any arrests, and
3    any arrest not followed by a conviction shall not be the
4    basis of a denial and may be used only to assess an
5    applicant's rehabilitation.
6        (5) Convictions overturned by a higher court.
7        (6) Convictions or arrests that have been sealed or
8    expunged.
9    (b) Except as provided in Section 2105-165 of the
10Department of Professional Regulation Law, the Department,
11upon a finding that an applicant for a license was previously
12convicted of any felony or misdemeanor directly related to the
13practice of the profession, shall consider any mitigating
14factors and evidence of rehabilitation contained in such
15applicant's record, including any of the following factors and
16evidence, to determine whether a prior conviction will impair
17the ability of the applicant to engage in the position for
18which a license is sought:
19        (1) the lack of direct relation of the offense for
20    which the applicant was previously convicted to the duties,
21    functions, and responsibilities of the position for which a
22    license is sought;
23        (2) whether 5 years since a felony conviction or 3
24    years since release from confinement for the conviction,
25    whichever is later, have passed without a subsequent
26    conviction;

 

 

10000SB2053sam001- 35 -LRB100 08715 SMS 23371 a

1        (3) if the applicant was previously licensed or
2    employed in this State or other state or jurisdictions,
3    then the lack of prior misconduct arising from or related
4    to the licensed position or position of employment;
5        (4) the age of the person at the time of the criminal
6    offense;
7        (5) successful completion of sentence and, for
8    applicants serving a term of parole or probation, a
9    progress report provided by the applicant's probation or
10    parole officer that documents the applicant's compliance
11    with conditions of supervision;
12        (6) evidence of the applicant's present fitness and
13    professional character;
14        (7) evidence of rehabilitation or rehabilitative
15    effort during or after incarceration, or during or after a
16    term of supervision, including, but not limited to, a
17    certificate of good conduct under Section 5-5.5-25 of the
18    Unified Code of Corrections or a certificate of relief from
19    disabilities under Section 5-5.5-10 of the Unified Code of
20    Corrections; and
21        (8) any other mitigating factors that contribute to the
22    person's potential and current ability to perform the
23    duties and responsibilities of the position for which a
24    license or employment is sought.
25    (c) If the Department refuses to grant a license to an
26applicant based, in whole or in part, upon a conviction or

 

 

10000SB2053sam001- 36 -LRB100 08715 SMS 23371 a

1convictions, then the Department shall notify the applicant of
2the denial in writing with the following included in the notice
3of denial:
4        (1) a statement about the decision to refuse to issue a
5    license;
6        (2) a list of the convictions that the Department
7    determined will impair the applicant's ability to engage in
8    the position for which a license is sought;
9        (3) a list of the convictions that form the sole or
10    partial basis for the refusal to issue a license; and
11        (4) a summary of the appeal process or the earliest the
12    applicant may reapply for a license, whichever is
13    applicable.
14    (d) No later than May 1 of each year, the Department must
15prepare, publicly announce, and publish a report of summary
16statistical information relating to new license applications
17during the preceding calendar year. Each report shall show, at
18a minimum:
19        (1) the number of applicants for a new license under
20    this Act within the previous calendar year;
21        (2) the number of applicants for a new license under
22    this Act within the previous calendar year who had any
23    criminal conviction;
24        (3) the number of applicants for a new license under
25    this Act in the previous calendar year who were granted a
26    license;

 

 

10000SB2053sam001- 37 -LRB100 08715 SMS 23371 a

1        (4) the number of applicants for a new license with a
2    criminal conviction who were granted a license under this
3    Act within the previous calendar year;
4        (5) the number of applicants for a new license under
5    this Act within the previous calendar year who were denied
6    a license;
7        (6) the number of applicants for a new license with a
8    criminal conviction who were denied a license under this
9    Act in the previous calendar year in part or in whole
10    because of a prior conviction; and
11        (7) the number of licenses issued on probation under
12    this Act in the previous calendar year to applicants with a
13    criminal conviction.
 
14    (225 ILCS 20/19)  (from Ch. 111, par. 6369)
15    (Section scheduled to be repealed on January 1, 2018)
16    Sec. 19. Grounds for disciplinary action.
17    (1) The Department may refuse to issue, refuse to renew,
18suspend, or revoke any license, or may place on probation,
19censure, reprimand, or take other disciplinary or
20non-disciplinary action deemed appropriate by the Department,
21including the imposition of fines not to exceed $10,000 for
22each violation, with regard to any license issued under the
23provisions of this Act for any one or a combination of the
24following reasons:
25        (a) material misstatements of fact in furnishing

 

 

10000SB2053sam001- 38 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 39 -LRB100 08715 SMS 23371 a

1    adopted by the Board and published by the Department;
2        (j) habitual or excessive use or addiction to alcohol,
3    narcotics, stimulants, or any other chemical agent or drug
4    that results in a clinical social worker's or social
5    worker's inability to practice with reasonable judgment,
6    skill, or safety;
7        (k) discipline by another jurisdiction, if at least one
8    of the grounds for the discipline is the same or
9    substantially equivalent to those set forth in this
10    Section;
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 service not actually rendered.
15    Nothing in this paragraph (l) affects any bona fide
16    independent contractor or employment arrangements among
17    health care professionals, health facilities, health care
18    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 paragraph (l) shall be construed to require
24    an employment arrangement to receive professional fees for
25    services rendered;
26        (m) a finding by the Board that the licensee, after

 

 

10000SB2053sam001- 40 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 41 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 42 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 43 -LRB100 08715 SMS 23371 a

1restrictions, shall be referred to the Secretary for a
2determination as to whether the person shall have his or her
3license suspended immediately, pending a hearing by the Board.
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 Board within 30 days after the
7suspension and completed without appreciable delay. The Board
8shall have the authority to review the subject person's record
9of treatment and counseling regarding the impairment, to the
10extent permitted by applicable federal statutes and
11regulations safeguarding the confidentiality of medical
12records.
13    A person licensed under this Act and affected under this
14Section shall be afforded an opportunity to demonstrate to the
15Board that he or she can resume practice in compliance with
16acceptable and prevailing standards under the provisions of his
17or her license.
18(Source: P.A. 98-756, eff. 7-16-14.)
 
19    Section 35. The Dietitian Nutritionist Practice Act is
20amended by changing Section 95 and by adding Section 96 as
21follows:
 
22    (225 ILCS 30/95)  (from Ch. 111, par. 8401-95)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 95. Grounds for discipline.

 

 

10000SB2053sam001- 44 -LRB100 08715 SMS 23371 a

1    (1) The Department may refuse to issue or renew, or may
2revoke, suspend, place on probation, reprimand, or take other
3disciplinary or non-disciplinary action as the Department may
4deem appropriate, including imposing fines not to exceed
5$10,000 for each violation, with regard to any license or
6certificate for any one or combination of the following causes:
7        (a) Material misstatement in furnishing information to
8    the Department.
9        (b) Violations of this Act or of rules adopted under
10    this Act.
11        (c) For licensees, conviction Conviction by plea of
12    guilty or nolo contendere, finding of guilt, jury verdict,
13    or entry of judgment or by sentencing of any crime,
14    including, but not limited to, convictions, preceding
15    sentences of supervision, conditional discharge, or first
16    offender probation, under the laws of any jurisdiction of
17    the United States (i) that is a felony or (ii) that is a
18    misdemeanor, an essential element of which is dishonesty,
19    or that is directly related to the practice of the
20    profession. For applicants, the provisions of Section 96
21    apply.
22        (d) 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        (e) Professional incompetence or gross negligence.
26        (f) Malpractice.

 

 

10000SB2053sam001- 45 -LRB100 08715 SMS 23371 a

1        (g) Aiding or assisting another person in violating any
2    provision of this Act or its rules.
3        (h) Failing to provide information within 60 days in
4    response to a written request made by the Department.
5        (i) Engaging in dishonorable, unethical or
6    unprofessional conduct of a character likely to deceive,
7    defraud, or harm the public.
8        (j) Habitual or excessive use or abuse of drugs defined
9    in law as controlled substances, alcohol, or any other
10    substance that results in the inability to practice with
11    reasonable judgment, skill, or safety.
12        (k) Discipline by another state, the District of
13    Columbia, territory, country, or governmental agency if at
14    least one of the grounds for the discipline is the same or
15    substantially equivalent to those set forth in this Act.
16        (l) Charging for professional services not rendered,
17    including filing false statements for the collection of
18    fees for which services are not rendered. Nothing in this
19    paragraph (1) affects any bona fide independent contractor
20    or employment arrangements among health care
21    professionals, health facilities, health care providers,
22    or other entities, except as otherwise prohibited by law.
23    Any employment arrangements may include provisions for
24    compensation, health insurance, pension, or other
25    employment benefits for the provision of services within
26    the scope of the licensee's practice under this Act.

 

 

10000SB2053sam001- 46 -LRB100 08715 SMS 23371 a

1    Nothing in this paragraph (1) shall be construed to require
2    an employment arrangement to receive professional fees for
3    services rendered.
4        (m) 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        (n) Willfully making or filing false records or reports
8    in his or her practice, including, but not limited to,
9    false records filed with State agencies or departments.
10        (o) Allowing one's license under this Act to be used by
11    an unlicensed person in violation of this Act.
12        (p) Practicing under a false or, except as provided by
13    law, an assumed name.
14        (q) Gross and willful overcharging for professional
15    services.
16        (r) (Blank).
17        (s) Willfully failing to report an instance of
18    suspected child abuse or neglect as required by the Abused
19    and Neglected Child Reporting Act.
20        (t) Cheating on or attempting to subvert a licensing
21    examination administered under this Act.
22        (u) Mental illness or disability that results in the
23    inability to practice under this Act with reasonable
24    judgment, skill, or safety.
25        (v) Physical illness, including, but not limited to,
26    deterioration through the aging process or loss of motor

 

 

10000SB2053sam001- 47 -LRB100 08715 SMS 23371 a

1    skill that results in a licensee's inability to practice
2    under this Act with reasonable judgment, skill, or safety.
3        (w) Advising an individual to discontinue, reduce,
4    increase, or otherwise alter the intake of a drug
5    prescribed by a physician licensed to practice medicine in
6    all its branches or by a prescriber as defined in Section
7    102 of the Illinois Controlled Substances Act.
8    (2) The Department may refuse to issue or may suspend
9without hearing, as provided for in the Code of Civil
10Procedure, the license of any person who fails to file a
11return, or pay the tax, penalty, or interest shown in a filed
12return, or pay any final assessment of the tax, penalty, or
13interest as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied in accordance
16with subsection (g) of Section 2105-15 of the Civil
17Administrative Code of Illinois.
18    (3) 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 item (5) of subsection
23(a) of Section 2105-15 of the Civil Administrative Code of
24Illinois.
25    (4) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential

 

 

10000SB2053sam001- 48 -LRB100 08715 SMS 23371 a

1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency to
3the Department, the Department may refuse to issue or renew or
4may revoke or suspend that person's license or may take other
5disciplinary action against that person based solely upon the
6certification of delinquency made by the Department of
7Healthcare and Family Services in accordance with item (5) of
8subsection (a) of Section 2105-15 of the Civil Administrative
9Code of Illinois.
10    (5) 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    (6) 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, or
22both, as required by and at the expense of the Department. The
23Department may order the examining physician to present
24testimony concerning the mental or physical examination of the
25licensee or applicant. No information shall be excluded by
26reason of any common law or statutory privilege relating to

 

 

10000SB2053sam001- 49 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 50 -LRB100 08715 SMS 23371 a

1suspended immediately, pending a hearing by the Department.
2Fines shall not be assessed in disciplinary actions involving
3physical or mental illness or impairment.
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 15 days after
7the suspension and completed without appreciable delay. The
8Department shall have the authority to review the subject
9individual's record of treatment and counseling regarding the
10impairment to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13    An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department that he or she can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of his or her license.
18(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
1998-756, eff. 7-16-14.)
 
20    (225 ILCS 30/96 new)
21    Sec. 96. Applicant convictions.
22    (a) The Department shall not require the applicant to
23report the following information and shall not consider the
24following criminal history records in connection with an
25application for licensure:

 

 

10000SB2053sam001- 51 -LRB100 08715 SMS 23371 a

1        (1) Juvenile adjudications of delinquent minors as
2    defined in Section 5-105 of the Juvenile Court Act of 1987,
3    subject to the restrictions set forth in Section 5-130 of
4    the Juvenile Court Act of 1987.
5        (2) Law enforcement records, court records, and
6    conviction records of an individual who was 17 years old at
7    the time of the offense and before January 1, 2014, unless
8    the nature of the offense required the individual to be
9    tried as an adult.
10        (3) Records of arrest not followed by a charge or
11    conviction.
12        (4) Records of arrest where charges were dismissed
13    unless related to the practice of the profession. However,
14    applicants shall not be asked to report any arrests, and
15    any arrest not followed by a conviction shall not be the
16    basis of a denial and may be used only to assess an
17    applicant's rehabilitation.
18        (5) Convictions overturned by a higher court.
19        (6) Convictions or arrests that have been sealed or
20    expunged.
21    (b) The Department, upon a finding that an applicant for a
22license was previously convicted of any felony or misdemeanor
23directly related to the practice of the profession, shall
24consider any mitigating factors and evidence of rehabilitation
25contained in such applicant's record, including any of the
26following factors and evidence, to determine whether a prior

 

 

10000SB2053sam001- 52 -LRB100 08715 SMS 23371 a

1conviction will impair the ability of the applicant to engage
2in the position for which a license is sought:
3        (1) the lack of direct relation of the offense for
4    which the applicant was previously convicted to the duties,
5    functions, and responsibilities of the position for which a
6    license is sought;
7        (2) whether 5 years since a felony conviction or 3
8    years since release from confinement for the conviction,
9    whichever is later, have passed without a subsequent
10    conviction;
11        (3) if the applicant was previously licensed or
12    employed in this State or other state or jurisdictions,
13    then the lack of prior misconduct arising from or related
14    to the licensed position or position of employment;
15        (4) the age of the person at the time of the criminal
16    offense;
17        (5) successful completion of sentence and, for
18    applicants serving a term of parole or probation, a
19    progress report provided by the applicant's probation or
20    parole officer that documents the applicant's compliance
21    with conditions of supervision;
22        (6) evidence of the applicant's present fitness and
23    professional character;
24        (7) evidence of rehabilitation or rehabilitative
25    effort during or after incarceration, or during or after a
26    term of supervision, including, but not limited to, a

 

 

10000SB2053sam001- 53 -LRB100 08715 SMS 23371 a

1    certificate of good conduct under Section 5-5.5-25 of the
2    Unified Code of Corrections or a certificate of relief from
3    disabilities under Section 5-5.5-10 of the Unified Code of
4    Corrections; and
5        (8) any other mitigating factors that contribute to the
6    person's potential and current ability to perform the
7    duties and responsibilities of the position for which a
8    license or employment is sought.
9    (c) If the Department refuses to issue a license to an
10applicant based, in whole or in part, upon a conviction or
11convictions, then the Department shall notify the applicant of
12the denial in writing with the following included in the notice
13of denial:
14        (1) a statement about the decision to refuse to issue a
15    license;
16        (2) a list of convictions that the Department
17    determined will impair the applicant's ability to engage in
18    the position for which a license is sought;
19        (3) a list of convictions that formed the sole or
20    partial basis for the refusal to issue a license; and
21        (4) a summary of the appeal process or the earliest the
22    applicant may reapply for a license, whichever is
23    applicable.
24    (d) No later than May 1 of each year, the Department must
25prepare, publicly announce, and publish a report of summary
26statistical information relating to new license applications

 

 

10000SB2053sam001- 54 -LRB100 08715 SMS 23371 a

1during the preceding calendar year. Each report shall show, at
2a minimum:
3        (1) the number of applicants for a new license under
4    this Act within the previous calendar year;
5        (2) the number of applicants for a new license under
6    this Act within the previous calendar year who had any
7    criminal conviction;
8        (3) the number of applicants for a new license under
9    this Act in the previous calendar year who were granted a
10    license;
11        (4) the number of applicants for a new license with a
12    criminal conviction who were granted a license under this
13    Act within the previous calendar year;
14        (5) the number of applicants for a new license under
15    this Act within the previous calendar year who were denied
16    a license;
17        (6) the number of applicants for a new license with a
18    criminal conviction who were denied a license under this
19    Act in the previous calendar year in part or in whole
20    because of a prior conviction; and
21        (7) the number of licenses issued on probation under
22    this Act in the previous calendar year to applicants with a
23    criminal conviction.
 
24    Section 40. The Environmental Health Practitioner
25Licensing Act is amended by changing Section 35 and by adding

 

 

10000SB2053sam001- 55 -LRB100 08715 SMS 23371 a

1Section 32 as follows:
 
2    (225 ILCS 37/32 new)
3    Sec. 32. Applicant convictions.
4    (a) The Department shall not require the applicant to
5report the following information and shall not consider the
6following criminal history records in connection with an
7application for licensure:
8        (1) Juvenile adjudications of delinquent minors as
9    defined in Section 5-105 of the Juvenile Court Act of 1987,
10    subject to the restrictions set forth in Section 5-130 of
11    the Juvenile Court Act of 1987.
12        (2) Law enforcement records, court records, and
13    conviction records of an individual who was 17 years old at
14    the time of the offense and before January 1, 2014, unless
15    the nature of the offense required the individual to be
16    tried as an adult.
17        (3) Records of arrest not followed by a charge or
18    conviction.
19        (4) Records of arrest where charges were dismissed
20    unless related to the practice of the profession. However,
21    applicants shall not be asked to report any arrests, and
22    any arrest not followed by a conviction shall not be the
23    basis of a denial and may be used only to assess an
24    applicant's rehabilitation.
25        (5) Convictions overturned by a higher court.

 

 

10000SB2053sam001- 56 -LRB100 08715 SMS 23371 a

1        (6) Convictions or arrests that have been sealed or
2    expunged.
3    (b) The Department, upon a finding that an applicant for a
4license was previously convicted of any felony or misdemeanor
5directly related to the practice of the profession, shall
6consider any mitigating factors and evidence of rehabilitation
7contained in such applicant's record, including any of the
8following factors and evidence, to determine whether a prior
9conviction will impair the ability of the applicant to engage
10in the position for which a license is sought:
11        (1) the lack of direct relation of the offense for
12    which the applicant was previously convicted to the duties,
13    functions, and responsibilities of the position for which a
14    license is sought;
15        (2) whether 5 years since a felony conviction or 3
16    years since release from confinement for the conviction,
17    whichever is later, have passed without a subsequent
18    conviction;
19        (3) if the applicant was previously licensed or
20    employed in this State or other state or jurisdictions,
21    then the lack of prior misconduct arising from or related
22    to the licensed position or position of employment;
23        (4) the age of the person at the time of the criminal
24    offense;
25        (5) successful completion of sentence and, for
26    applicants serving a term of parole or probation, a

 

 

10000SB2053sam001- 57 -LRB100 08715 SMS 23371 a

1    progress report provided by the applicant's probation or
2    parole officer that documents the applicant's compliance
3    with conditions of supervision;
4        (6) evidence of the applicant's present fitness and
5    professional character;
6        (7) evidence of rehabilitation or rehabilitative
7    effort during or after incarceration, or during or after a
8    term of supervision, including, but not limited to, a
9    certificate of good conduct under Section 5-5.5-25 of the
10    Unified Code of Corrections or a certificate of relief from
11    disabilities under Section 5-5.5-10 of the Unified Code of
12    Corrections; and
13        (8) any other mitigating factors that contribute to the
14    person's potential and current ability to perform the
15    duties and responsibilities of the position for which a
16    license or employment is sought.
17    (c) If the Department refuses to issue a license to an
18applicant based, in whole or in part, upon a conviction or
19convictions, then the applicant shall be notified of the denial
20in writing with the following included in the notice of denial:
21        (1) a statement about the decision to refuse to issue a
22    license;
23        (2) a list of convictions that the Department
24    determined will impair the applicant's ability to engage in
25    the position for which a license is sought;
26        (3) a list of convictions that formed the sole or

 

 

10000SB2053sam001- 58 -LRB100 08715 SMS 23371 a

1    partial basis for the refusal to issue a license; and
2        (4) a summary of the appeal process or the earliest the
3    applicant may reapply for a license, whichever is
4    applicable.
5    (d) No later than May 1 of each year, the Department must
6prepare, publicly announce, and publish a report of summary
7statistical information relating to new license applications
8during the preceding calendar year. Each report shall show, at
9a minimum:
10        (1) the number of applicants for a new license under
11    this Act within the previous calendar year;
12        (2) the number of applicants for a new license under
13    this Act within the previous calendar year who had any
14    criminal conviction;
15        (3) the number of applicants for a new license under
16    this Act in the previous calendar year who were granted a
17    license;
18        (4) the number of applicants for a new license with a
19    criminal conviction who were granted a license under this
20    Act within the previous calendar year;
21        (5) the number of applicants for a new license under
22    this Act within the previous calendar year who were denied
23    a license;
24        (6) the number of applicants for a new license with a
25    criminal conviction who were denied a license under this
26    Act in the previous calendar year in part or in whole

 

 

10000SB2053sam001- 59 -LRB100 08715 SMS 23371 a

1    because of a prior conviction; and
2        (7) the number of licenses issued on probation under
3    this Act in the previous calendar year to applicants with a
4    criminal conviction.
 
5    (225 ILCS 37/35)
6    (Section scheduled to be repealed on January 1, 2019)
7    Sec. 35. Grounds for discipline.
8    (a) The Department may refuse to issue or renew, or may
9revoke, suspend, place on probation, reprimand, or take other
10disciplinary action with regard to any license issued under
11this Act as the Department may consider proper, including the
12imposition of fines not to exceed $5,000 for each violation,
13for any one or combination of the following causes:
14        (1) Material misstatement in furnishing information to
15    the Department.
16        (2) Violations of this Act or its rules.
17        (3) For licensees, conviction Conviction of any felony
18    under the laws of any U.S. jurisdiction, any misdemeanor an
19    essential element of which is dishonesty, or any crime that
20    is directly related to the practice of the profession; for
21    applicants only, the provisions of Section 32 apply.
22        (4) Making any misrepresentation for the purpose of
23    obtaining a certificate of registration.
24        (5) Professional incompetence.
25        (6) Aiding or assisting another person in violating any

 

 

10000SB2053sam001- 60 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 61 -LRB100 08715 SMS 23371 a

1        (14) Failure to comply with rules promulgated by the
2    Illinois Department of Public Health or other State
3    agencies related to the practice of environmental health.
4        (15) The Department shall deny any application for a
5    license or renewal of a license under this Act, without
6    hearing, to a person who has defaulted on an educational
7    loan guaranteed by the Illinois Student Assistance
8    Commission; however, the Department may issue a license or
9    renewal of a license if the person in default has
10    established a satisfactory repayment record as determined
11    by the Illinois Student Assistance Commission.
12        (16) Solicitation of professional services by using
13    false or misleading advertising.
14        (17) A finding that the license has been applied for or
15    obtained by fraudulent means.
16        (18) Practicing or attempting to practice under a name
17    other than the full name as shown on the license or any
18    other legally authorized name.
19        (19) Gross overcharging for professional services
20    including filing statements for collection of fees or
21    moneys for which services are not rendered.
22    (b) The Department may refuse to issue or may suspend the
23license of any person who fails to (i) file a return, (ii) pay
24the tax, penalty, or interest shown in a filed return; or (iii)
25pay any final assessment of the tax, penalty, or interest as
26required by any tax Act administered by the Illinois Department

 

 

10000SB2053sam001- 62 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 63 -LRB100 08715 SMS 23371 a

1person to submit to a mental or physical examination, when
2directed, shall be grounds for suspension of a license until
3the person submits to the examination if the Department finds,
4after notice and hearing, that the refusal to submit to the
5examination was without reasonable cause.
6    If the Department finds an individual unable to practice
7because of the reasons set forth in this Section, the
8Department may require that individual to submit to care,
9counseling, or treatment by physicians approved or designated
10by the Department, as a condition, term, or restriction for
11continued, reinstated, or renewed licensure to practice or, in
12lieu of care, counseling, or treatment, the Department may file
13a complaint to immediately suspend, revoke, or otherwise
14discipline the license of the individual.
15    Any person whose license was granted, continued,
16reinstated, renewed, disciplined, or supervised subject to
17such terms, conditions, or restrictions and who fails to comply
18with such terms, conditions, or restrictions shall be referred
19to the Director for a determination as to whether the person
20shall have his or her license suspended immediately, pending a
21hearing by the Department.
22    In instances in which the Director immediately suspends a
23person's license under this Section, a hearing on that person's
24license must be convened by the Department within 15 days after
25the suspension and completed without appreciable delay. The
26Department shall have the authority to review the subject

 

 

10000SB2053sam001- 64 -LRB100 08715 SMS 23371 a

1person's record of treatment and counseling regarding the
2impairment, to the extent permitted by applicable federal
3statutes and regulations safeguarding the confidentiality of
4medical records.
5    A person licensed under this Act and affected under this
6Section shall be afforded an opportunity to demonstrate to the
7Department that he or she can resume practice in compliance
8with acceptable and prevailing standards under the provisions
9of his or her license.
10(Source: P.A. 92-837, eff. 8-22-02.)
 
11    Section 45. The Massage Licensing Act is amended by
12changing Sections 15 and 45 and by adding Section 15.1 as
13follows:
 
14    (225 ILCS 57/15)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 15. Licensure requirements.
17    (a) Persons engaged in massage for compensation must be
18licensed by the Department. The Department shall issue a
19license to an individual who meets all of the following
20requirements:
21        (1) The applicant has applied in writing on the
22    prescribed forms and has paid the required fees.
23        (2) The applicant is at least 18 years of age and of
24    good moral character. In determining good moral character,

 

 

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1    the Department may take into consideration conviction of
2    any crime under the laws of the United States or any state
3    or territory thereof that is a felony or is a misdemeanor
4    or any crime that is directly related to the practice of
5    the profession, whether such conviction will impair the
6    applicant's ability to serve in the position for which the
7    license is sought, and evidence of rehabilitation and
8    mitigating factors set forth in Section 15.1 of this Act.
9    Such a conviction shall not operate automatically as a
10    complete bar to a license, except in the case of any
11    conviction for prostitution, rape, or sexual misconduct,
12    or where the applicant is a registered sex offender.
13        (3) The applicant has met one of the following
14    requirements:
15            (A) has successfully completed a massage therapy
16        program approved by the Department that requires a
17        minimum of 500 hours, except applicants applying on or
18        after January 1, 2014 shall meet a minimum requirement
19        of 600 hours, and has passed a competency examination
20        approved by the Department;
21            (B) holds a current license from another
22        jurisdiction having licensure requirements that
23        include the completion of a massage therapy program of
24        at least 500 hours; or
25            (C) (blank).
26    (b) Each applicant for licensure as a massage therapist

 

 

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1shall have his or her fingerprints submitted to the Department
2of State Police in an electronic format that complies with the
3form and manner for requesting and furnishing criminal history
4record information as prescribed by the Department of State
5Police. These fingerprints shall be checked against the
6Department of State Police and Federal Bureau of Investigation
7criminal history record databases now and hereafter filed. The
8Department of State Police shall charge applicants a fee for
9conducting the criminal history records check, which shall be
10deposited into the State Police Services Fund and shall not
11exceed the actual cost of the records check. The Department of
12State Police shall furnish, pursuant to positive
13identification, records of Illinois convictions to the
14Department. The Department may require applicants to pay a
15separate fingerprinting fee, either to the Department or to a
16vendor. The Department, in its discretion, may allow an
17applicant who does not have reasonable access to a designated
18vendor to provide his or her fingerprints in an alternative
19manner. The Department may adopt any rules necessary to
20implement this Section.
21(Source: P.A. 97-514, eff. 8-23-11.)
 
22    (225 ILCS 57/15.1 new)
23    Sec. 15.1. Applicant convictions.
24    (a) The Department shall not require the applicant to
25report the following information and shall not consider the

 

 

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1following criminal history records in connection with an
2application for licensure:
3        (1) Juvenile adjudications of delinquent minors as
4    defined in Section 5-105 of the Juvenile Court Act of 1987,
5    subject to the restrictions set forth in Section 5-130 of
6    the Juvenile Court Act of 1987.
7        (2) Law enforcement records, court records, and
8    conviction records of an individual who was 17 years old at
9    the time of the offense and before January 1, 2014, unless
10    the nature of the offense required the individual to be
11    tried as an adult.
12        (3) Records of arrest not followed by a charge or
13    conviction.
14        (4) Records of arrest where charges were dismissed
15    unless related to the practice of the profession. However,
16    applicants shall not be asked to report any arrests, and
17    any arrest not followed by a conviction shall not be the
18    basis of a denial and may be used only to assess an
19    applicant's rehabilitation.
20        (5) Convictions overturned by a higher court.
21        (6) Convictions or arrests that have been sealed or
22    expunged.
23    (b) No application for any license under this Act shall be
24denied by reason of a finding of lack of "good moral character"
25when the finding is based upon the fact that the applicant has
26previously been convicted of one or more criminal offenses. The

 

 

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1Department, upon a finding that an applicant for a license was
2previously convicted by plea of guilty or nolo contendere,
3finding of guilt, jury verdict, or entry of judgment of any
4felony or a misdemeanor directly related to the practice of the
5profession, excluding an offense related to prostitution,
6rape, or sexual misconduct or that requires the applicant to
7register as a sex offender, shall consider any evidence of
8rehabilitation and mitigating factors contained in the
9applicant's record, including any of the following factors and
10evidence, to determine whether a prior conviction will impair
11the ability of the applicant to engage in the position for
12which a license is sought:
13        (1) the lack of direct relation of the offense for
14    which the applicant was previously convicted to the duties,
15    functions, and responsibilities of the position for which a
16    license is sought;
17        (2) whether 5 years since a felony conviction not
18    involving prostitution, rape, or sexual misconduct, or
19    requiring registration as a sex offender, or 3 years since
20    release from confinement for the conviction, whichever is
21    later, have passed without a subsequent conviction;
22        (3) if the applicant was previously licensed or
23    employed in this State or other state or jurisdictions,
24    then the lack of prior misconduct arising from or related
25    to the licensed position or position of employment;
26        (4) the age of the person at the time of the criminal

 

 

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1    offense;
2        (5) successful completion of sentence and, for
3    applicants serving a term of parole or probation, a
4    progress report provided by the applicant's probation or
5    parole officer that documents the applicant's compliance
6    with conditions of supervision;
7        (6) evidence of the applicant's present fitness and
8    professional character;
9        (7) evidence of rehabilitation or rehabilitative
10    effort during or after incarceration, or during or after a
11    term of supervision, including, but not limited to, a
12    certificate of good conduct under Section 5-5.5-25 of the
13    Unified Code of Corrections or a certificate of relief from
14    disabilities under Section 5-5.5-10 of the Unified Code of
15    Corrections; and
16        (8) any other mitigating factors that contribute to the
17    person's potential and current ability to perform the
18    duties and responsibilities of the position for which a
19    license or employment is sought.
20    (c) If the Department refuses to issue a license to an
21applicant based, in whole or in part, upon a conviction or
22convictions, then the Department shall notify the applicant of
23the denial in writing with the following included in the notice
24of denial:
25        (1) a statement about the decision to refuse to issue a
26    license;

 

 

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1        (2) a list of convictions that the Department
2    determined will impair the applicant's ability to engage in
3    the position for which a license is sought;
4        (3) a list of convictions that formed the sole or
5    partial basis for the refusal to issue a license; and
6        (4) a summary of the appeal process or the earliest the
7    applicant may reapply for a license, whichever is
8    applicable.
9    (d) No later than May 1 of each year, the Department must
10prepare, publicly announce, and publish a report of summary
11statistical information relating to new license applications
12during the preceding calendar year. Each report shall show, at
13a minimum:
14        (1) the number of applicants for a new license under
15    this Act within the previous calendar year;
16        (2) the number of applicants for a new license under
17    this Act within the previous calendar year who had any
18    criminal conviction;
19        (3) the number of applicants for a new license under
20    this Act in the previous calendar year who were granted a
21    license;
22        (4) the number of applicants for a new license with a
23    criminal conviction who were granted a license under this
24    Act within the previous calendar year;
25        (5) the number of applicants for a new license under
26    this Act within the previous calendar year who were denied

 

 

10000SB2053sam001- 71 -LRB100 08715 SMS 23371 a

1    a license;
2        (6) the number of applicants for a new license with a
3    criminal conviction who were denied a license under this
4    Act in the previous calendar year in part or in whole
5    because of a prior conviction; and
6        (7) the number of licenses issued on probation under
7    this Act in the previous calendar year to applicants with a
8    criminal conviction.
 
9    (225 ILCS 57/45)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 45. Grounds for discipline.
12    (a) The Department may refuse to issue or renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action, as the Department
15considers appropriate, including the imposition of fines not to
16exceed $10,000 for each violation, with regard to any license
17or licensee for any one or more of the following:
18        (1) violations of this Act or of the rules adopted
19    under this Act;
20        (2) for licensees, conviction by plea of guilty or nolo
21    contendere, finding of guilt, jury verdict, or entry of
22    judgment or by sentencing of any crime, including, but not
23    limited to, convictions, preceding sentences of
24    supervision, conditional discharge, or first offender
25    probation, under the laws of any jurisdiction of the United

 

 

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1    States: (i) that is a felony; or (ii) that is a
2    misdemeanor, an essential element of which is dishonesty,
3    or that is directly related to the practice of the
4    profession; for applicants, the provisions of Section 15.1
5    apply;
6        (3) professional incompetence;
7        (4) advertising in a false, deceptive, or misleading
8    manner;
9        (5) aiding, abetting, assisting, procuring, advising,
10    employing, or contracting with any unlicensed person to
11    practice massage contrary to any rules or provisions of
12    this Act;
13        (6) 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        (7) engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public;
19        (8) 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        (9) knowingly delegating professional responsibilities
24    to a person unqualified by training, experience, or
25    licensure to perform;
26        (10) failing to provide information in response to a

 

 

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1    written request made by the Department within 60 days;
2        (11) 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        (12) having a pattern of practice or other behavior
7    that demonstrates incapacity or incompetence to practice
8    under this Act;
9        (13) 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        (14) 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        (15) 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        (16) 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        (17) 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;

 

 

10000SB2053sam001- 74 -LRB100 08715 SMS 23371 a

1        (18) 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        (19) charging for professional services not rendered,
7    including filing false statements for the collection of
8    fees for which services are not rendered;
9        (20) practicing under a false or, except as provided by
10    law, an assumed name; or
11        (21) cheating on or attempting to subvert the licensing
12    examination administered under this Act.
13    All fines shall be paid within 60 days of the effective
14date of the order imposing the fine.
15    (b) A person not licensed under this Act and engaged in the
16business of offering massage therapy services through others,
17shall not aid, abet, assist, procure, advise, employ, or
18contract with any unlicensed person to practice massage therapy
19contrary to any rules or provisions of this Act. A person
20violating this subsection (b) shall be treated as a licensee
21for the purposes of disciplinary action under this Section and
22shall be subject to cease and desist orders as provided in
23Section 90 of this Act.
24    (c) The Department shall revoke any license issued under
25this Act of any person who is convicted of prostitution, rape,
26sexual misconduct, or any crime that subjects the licensee to

 

 

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1compliance with the requirements of the Sex Offender
2Registration Act and any such conviction shall operate as a
3permanent bar in the State of Illinois to practice as a massage
4therapist.
5    (d) The Department may refuse to issue or may suspend the
6license of any person who fails to file a tax return, to pay
7the tax, penalty, or interest shown in a filed tax return, or
8to pay any final assessment of tax, penalty, or interest, as
9required by any tax Act administered by the Illinois Department
10of Revenue, until such time as the requirements of the tax Act
11are satisfied in accordance with subsection (g) of Section
122105-15 of the Civil Administrative Code of Illinois.
13    (e) 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 item (5) of subsection
18(a) of Section 2105-15 of the Civil Administrative Code of
19Illinois.
20    (f) In cases where the Department of Healthcare and Family
21Services has previously determined that a licensee or a
22potential licensee is more than 30 days delinquent in the
23payment of child support and has subsequently certified the
24delinquency to the Department, the Department may refuse to
25issue or renew or may revoke or suspend that person's license
26or may take other disciplinary action against that person based

 

 

10000SB2053sam001- 76 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 77 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 78 -LRB100 08715 SMS 23371 a

1license must be convened by the Department within 15 days after
2the suspension and completed without appreciable delay. The
3Department and Board shall have the authority to review the
4subject individual's record of treatment and counseling
5regarding the impairment to the extent permitted by applicable
6federal statutes and regulations safeguarding the
7confidentiality of medical records.
8    An individual licensed under this Act and affected under
9this Section shall be afforded an opportunity to demonstrate to
10the Department or Board that he or she can resume practice in
11compliance with acceptable and prevailing standards under the
12provisions of his or her license.
13(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
 
14    Section 50. The Veterinary Medicine and Surgery Practice
15Act of 2004 is amended by changing Section 25 and adding
16Section 8.2 as follows:
 
17    (225 ILCS 115/8.2 new)
18    Sec. 8.2. Applicant convictions.
19    (a) The Department shall not require the applicant to
20report information about the following and shall not consider
21the following criminal history records in connection with an
22application for a license or certification under this Act:
23        (1) Juvenile adjudications of delinquent minors as
24    defined in Section 5-105 of the Juvenile Court Act of 1987,

 

 

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1    subject to the restrictions set forth in Section 5-130 of
2    the Juvenile Court Act of 1987.
3        (2) Law enforcement records, court records, and
4    conviction records of an individual who was 17 years old at
5    the time of the offense and before January 1, 2014, unless
6    the nature of the offense required the individual to be
7    tried as an adult.
8        (3) Records of arrest not followed by a charge or
9    conviction.
10        (4) Records of arrest where charges were dismissed
11    unless related to the practice of the profession. However,
12    applicants shall not be asked to report any arrests, and
13    any arrest not followed by a conviction shall not be the
14    basis of a denial and may be used only to assess an
15    applicant's rehabilitation.
16        (5) Convictions overturned by a higher court.
17        (6) Convictions or arrests that have been sealed or
18    expunged.
19    (b) The Department, upon a finding that an applicant for a
20license or certification was previously convicted of any felony
21or a misdemeanor directly related to the practice of the
22profession, shall consider any evidence of rehabilitation and
23mitigating factors contained in the applicant's record,
24including any of the following factors and evidence, to
25determine if the prior conviction will impair the ability of
26the applicant to engage in the position for which a license or

 

 

10000SB2053sam001- 80 -LRB100 08715 SMS 23371 a

1certification is sought:
2        (1) the lack of direct relation of the offense for
3    which the applicant was previously convicted to the duties,
4    functions, and responsibilities of the position for which a
5    license or certificate is sought;
6        (2) whether 5 years since a felony conviction or 3
7    years since release from confinement for the conviction,
8    whichever is later, have passed without a subsequent
9    conviction;
10        (3) if the applicant was previously licensed or
11    employed in this State or other state or jurisdictions,
12    then the lack of prior misconduct arising from or related
13    to the licensed position or position of employment;
14        (4) the age of the person at the time of the criminal
15    offense;
16        (5) successful completion of sentence and, for
17    applicants serving a term of parole or probation, a
18    progress report provided by the applicant's probation or
19    parole officer that documents the applicant's compliance
20    with conditions of supervision;
21        (6) evidence of the applicant's present fitness and
22    professional character;
23        (7) evidence of rehabilitation or rehabilitative
24    effort during or after incarceration, or during or after a
25    term of supervision, including, but not limited to, a
26    certificate of good conduct under Section 5-5.5-25 of the

 

 

10000SB2053sam001- 81 -LRB100 08715 SMS 23371 a

1    Unified Code of Corrections or a certificate of relief from
2    disabilities under Section 5-5.5-10 of the Unified Code of
3    Corrections; and
4        (8) any other mitigating factors that contribute to the
5    person's potential and current ability to perform the
6    duties and responsibilities of the position for which a
7    license or employment is sought.
8    (c) If the Department refuses to grant a license or
9certification to an applicant based, in whole or in part, upon
10a conviction or convictions, then the Department shall notify
11the applicant of the denial in writing with the following
12included in the notice of denial:
13        (1) a statement about the decision to refuse to issue a
14    license or certification;
15        (2) a list of the convictions that the Department
16    determined will impair the applicant's ability to engage in
17    the position for which a license or certification is
18    sought;
19        (3) a list of convictions that formed the sole or
20    partial basis for the refusal to issue a license or
21    certification; and
22        (4) a summary of the appeal process or the earliest the
23    applicant may reapply for a license or certification,
24    whichever is applicable.
25    (d) No later than May 1 of each year, the Department must
26prepare, publicly announce, and publish a report of summary

 

 

10000SB2053sam001- 82 -LRB100 08715 SMS 23371 a

1statistical information relating to new license applications
2during the preceding calendar year. Each report shall show, at
3a minimum:
4        (1) the number of applicants for a new license or
5    certification under this Act within the previous calendar
6    year;
7        (2) the number of applicants for a new license or
8    certification under this Act within the previous calendar
9    year who had any criminal conviction;
10        (3) the number of applicants for a new license or
11    certification under this Act in the previous calendar year
12    who were granted a license or certification;
13        (4) the number of applicants for a new license or
14    certification with a criminal conviction who were granted a
15    license or certification under this Act within the previous
16    calendar year;
17        (5) the number of applicants for a new license or
18    certification under this Act within the previous calendar
19    year who were denied a license or certification;
20        (6) the number of applicants for a new license or
21    certification with a criminal conviction who were denied a
22    license or certification under this Act in the previous
23    calendar year in part or in whole because of a prior
24    conviction; and
25        (7) the number of licenses or certification issued on
26    probation under this Act in the previous calendar year to

 

 

10000SB2053sam001- 83 -LRB100 08715 SMS 23371 a

1    applicants with a criminal conviction.
 
2    (225 ILCS 115/25)  (from Ch. 111, par. 7025)
3    (Section scheduled to be repealed on January 1, 2024)
4    Sec. 25. Disciplinary actions.
5    1. The Department may refuse to issue or renew, or may
6revoke, suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action as the Department may
8deem appropriate, including imposing fines not to exceed
9$10,000 for each violation and the assessment of costs as
10provided for in Section 25.3 of this Act, with regard to any
11license or certificate for any one or combination of the
12following:
13        A. Material misstatement in furnishing information to
14    the Department.
15        B. Violations of this Act, or of the rules adopted
16    pursuant to this Act.
17        C. For licensees, conviction Conviction by plea of
18    guilty or nolo contendere, finding of guilt, jury verdict,
19    or entry of judgment or by sentencing of any crime,
20    including, but not limited to, convictions, preceding
21    sentences of supervision, conditional discharge, or first
22    offender probation, under the laws of any jurisdiction of
23    the United States that is (i) a felony or (ii) a
24    misdemeanor, an essential element of which is dishonesty,
25    or that is directly related to the practice of the

 

 

10000SB2053sam001- 84 -LRB100 08715 SMS 23371 a

1    profession; for applicants, the provisions of Section 8.2
2    apply.
3        D. Fraud or any misrepresentation in applying for or
4    procuring a license under this Act or in connection with
5    applying for renewal of a license under this Act.
6        E. Professional incompetence.
7        F. Malpractice.
8        G. Aiding or assisting another person in violating any
9    provision of this Act or rules.
10        H. Failing, within 60 days, to provide information in
11    response to a written request made by the Department.
12        I. Engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public.
15        J. Habitual or excessive use or abuse of drugs defined
16    in law as controlled substances, alcohol, or any other
17    substance that results in the inability to practice with
18    reasonable judgment, skill, or safety.
19        K. Discipline by another state, unit of government,
20    government agency, District of Columbia, territory, 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 herein.
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.

 

 

10000SB2053sam001- 85 -LRB100 08715 SMS 23371 a

1        M. A finding by the Board that the licensee or
2    certificate holder, after having his license or
3    certificate placed on probationary status, has violated
4    the terms of probation.
5        N. Willfully making or filing false records or reports
6    in his practice, including but not limited to false records
7    filed with State agencies or departments.
8        O. Physical illness, including but not limited to,
9    deterioration through the aging process, or loss of motor
10    skill which results in the inability to practice under this
11    Act with reasonable judgment, skill, or safety.
12        P. Solicitation of professional services other than
13    permitted advertising.
14        Q. Allowing one's license under this Act to be used by
15    an unlicensed person in violation of this Act.
16        R. Conviction of or cash compromise of a charge or
17    violation of the Harrison Act or the Illinois Controlled
18    Substances Act, regulating narcotics.
19        S. Fraud or dishonesty in applying, treating, or
20    reporting on tuberculin or other biological tests.
21        T. Failing to report, as required by law, or making
22    false report of any contagious or infectious diseases.
23        U. Fraudulent use or misuse of any health certificate,
24    shipping certificate, brand inspection certificate, or
25    other blank forms used in practice that might lead to the
26    dissemination of disease or the transportation of diseased

 

 

10000SB2053sam001- 86 -LRB100 08715 SMS 23371 a

1    animals dead or alive; or dilatory methods, willful
2    neglect, or misrepresentation in the inspection of milk,
3    meat, poultry, and the by-products thereof.
4        V. Conviction on a charge of cruelty to animals.
5        W. Failure to keep one's premises and all equipment
6    therein in a clean and sanitary condition.
7        X. Failure to provide satisfactory proof of having
8    participated in approved continuing education programs.
9        Y. Mental illness or disability that results in the
10    inability to practice under this Act with reasonable
11    judgment, skill, or safety.
12        Z. Conviction by any court of competent jurisdiction,
13    either within or outside this State, of any violation of
14    any law governing the practice of veterinary medicine, if
15    the Department determines, after investigation, that the
16    person has not been sufficiently rehabilitated to warrant
17    the public trust.
18        AA. Promotion of the sale of drugs, devices,
19    appliances, or goods provided for a patient in any manner
20    to exploit the client for financial gain of the
21    veterinarian.
22        BB. Gross, willful, or continued overcharging for
23    professional services.
24        CC. Practicing under a false or, except as provided by
25    law, an assumed name.
26        DD. Violating state or federal laws or regulations

 

 

10000SB2053sam001- 87 -LRB100 08715 SMS 23371 a

1    relating to controlled substances or legend drugs.
2        EE. Cheating on or attempting to subvert the licensing
3    examination administered under this Act.
4        FF. Using, prescribing, or selling a prescription drug
5    or the extra-label use of a prescription drug by any means
6    in the absence of a valid veterinarian-client-patient
7    relationship.
8        GG. Failing to report a case of suspected aggravated
9    cruelty, torture, or animal fighting pursuant to Section
10    3.07 or 4.01 of the Humane Care for Animals Act or Section
11    26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
12    Code of 2012.
13    All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17    2. The determination by a circuit court that a licensee or
18certificate holder is subject to involuntary admission or
19judicial admission as provided in the Mental Health and
20Developmental Disabilities Code operates as an automatic
21suspension. The suspension will end only upon a finding by a
22court that the patient is no longer subject to involuntary
23admission or judicial admission and issues an order so finding
24and discharging the patient. In any case where a license is
25suspended under this provision, the licensee shall file a
26petition for restoration and shall include evidence acceptable

 

 

10000SB2053sam001- 88 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 89 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 90 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 91 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 92 -LRB100 08715 SMS 23371 a

1compliance with acceptable and prevailing standards under the
2provisions of their registration.
3    6. 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 paragraph (5) of
8subsection (a) of Section 2105-15 of the Civil Administrative
9Code of Illinois.
10    7. 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 paragraph (5)
19of subsection (a) of Section 2105-15 of the Civil
20Administrative Code of Illinois.
21(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
 
22    Section 55. The Pyrotechnic Distributor and Operator
23Licensing Act is amended by changing Section 35 and by adding
24Section 36 as follows:
 

 

 

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1    (225 ILCS 227/35)
2    Sec. 35. Licensure requirements and fees.
3    (a) Each application for a license to practice under this
4Act shall be in writing and signed by the applicant on forms
5provided by the Office.
6    (b) After January 1, 2006, all pyrotechnic displays and
7pyrotechnic services, both indoor and outdoor, must comply with
8the requirements set forth in this Act.
9    (c) After January 1, 2006, no person may engage in
10pyrotechnic distribution without first applying for and
11obtaining a license from the Office. Applicants for a license
12must submit to the Office the following:
13        (1) A current BATFE license for the type of pyrotechnic
14    service or pyrotechnic display provided.
15        (2) Proof of $1,000,000 in product liability
16    insurance.
17        (3) Proof of $1,000,000 in general liability insurance
18    that covers the pyrotechnic display or pyrotechnic service
19    provided.
20        (4) Proof of Illinois Workers' Compensation Insurance.
21        (5) A license fee set by the Office.
22        (6) Proof of a current United States Department of
23    Transportation (DOT) Identification Number.
24        (7) Proof of a current USDOT Hazardous Materials
25    Registration Number.
26        (8) Proof of having the requisite knowledge, either

 

 

10000SB2053sam001- 94 -LRB100 08715 SMS 23371 a

1    through training, examination, or continuing education, as
2    established by Office rule.
3    (c-3) After January 1, 2010, no production company may
4provide pyrotechnic displays or pyrotechnic services as part of
5any production without either (i) obtaining a production
6company license from the Office under which all pyrotechnic
7displays and pyrotechnic services are performed by a licensed
8lead pyrotechnic operator or (ii) hiring a pyrotechnic
9distributor licensed in accordance with this Act to perform the
10pyrotechnic displays or pyrotechnic services. Applicants for a
11production company license must submit to the Office the
12following:
13        (1) Proof of $2,000,000 in commercial general
14    liability insurance that covers any damage or injury
15    resulting from the pyrotechnic displays or pyrotechnic
16    services provided.
17        (2) Proof of Illinois Worker's Compensation insurance.
18        (3) A license fee set by the Office.
19        (4) Proof of a current USDOT Identification Number,
20    unless:
21            (A) proof of such is provided by the lead
22        pyrotechnic operator employed by the production
23        company or insured as an additional named insured on
24        the production company's general liability insurance,
25        as required under paragraph (1) of this subsection; or
26            (B) the production company certifies under penalty

 

 

10000SB2053sam001- 95 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 96 -LRB100 08715 SMS 23371 a

1the Office. The Office shall establish separate licenses for
2lead pyrotechnic operators for indoor and outdoor pyrotechnic
3displays. Applicants for a license must:
4        (1) Pay the fees set by the Office.
5        (2) Have the requisite training or continuing
6    education as established in the Office's rules.
7        (3) (Blank).
8    (d) A person is qualified to receive a license under this
9Act if the person meets all of the following minimum
10requirements:
11        (1) Is at least 21 years of age.
12        (2) Has not willfully violated any provisions of this
13    Act.
14        (3) Has not made any material misstatement or knowingly
15    withheld information in connection with any original or
16    renewal application.
17        (4) Has not been declared incompetent by any competent
18    court by reasons of mental or physical defect or disease
19    unless a court has since declared the person competent.
20        (5) Does not have an addiction to or dependency on
21    alcohol or drugs that is likely to endanger the public at a
22    pyrotechnic display.
23        (6) If convicted Has not been convicted in any
24    jurisdiction of any felony within the prior 5 years, will
25    not, by the Office's determination, be impaired by such
26    conviction in engaging in the position for which a license

 

 

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1    in sought.
2        (7) Is not a fugitive from justice.
3        (8) Has, or has applied for, a BATFE explosives license
4    or a Letter of Clearance from the BATFE.
5        (9) If a lead pyrotechnic operator is employed by a
6    political subdivision of the State or by a licensed
7    production company or is insured as an additional named
8    insured on the production company's general liability
9    insurance, as required under paragraph (1) of subsection
10    (c-3) of this Section, he or she shall have a BATFE license
11    for the pyrotechnic services or pyrotechnic display
12    provided.
13        (10) If a production company has not provided proof of
14    a current USDOT Identification Number and a current USDOT
15    Hazardous Materials Registration Number, as required by
16    paragraphs (5) and (6) of subsection (c-3) of this Section,
17    then the lead pyrotechnic operator employed by the
18    production company or insured as an additional named
19    insured on the production company's general liability
20    insurance, as required under paragraph (1) of subsection
21    (c-3) of this Section, shall provide such proof to the
22    Office.
23    (e) A person is qualified to assist a lead pyrotechnic
24operator if the person meets all of the following minimum
25requirements:
26        (1) Is at least 18 years of age.

 

 

10000SB2053sam001- 98 -LRB100 08715 SMS 23371 a

1        (2) Has not willfully violated any provision of this
2    Act.
3        (3) Has not been declared incompetent by any competent
4    court by reasons of mental or physical defect or disease
5    unless a court has since declared the person competent.
6        (4) Does not have an addiction to or dependency on
7    alcohol or drugs that is likely to endanger the public at a
8    pyrotechnic display.
9        (5) If convicted Has not been convicted in any
10    jurisdiction of any felony within the prior 5 years, will
11    not, by the Office's determination, be impaired by such
12    conviction in engaging in the position for which a license
13    in sought..
14        (6) Is not a fugitive from justice.
15        (7) Is employed as an employee of the licensed
16    pyrotechnic distributor or the licensed production
17    company, or insured as an additional named insured on the
18    pyrotechnic distributor's product liability and general
19    liability insurance, as required under paragraphs (2) and
20    (3) of subsection (c) of this Section, or insured as an
21    additional named insured on the production company's
22    general liability insurance, as required under paragraph
23    (1) of subsection (c-3) of this Section.
24        (8) Has been registered with the Office by the licensed
25    distributor or the licensed production company on a form
26    provided by the Office prior to the time when the assistant

 

 

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1    begins work on the pyrotechnic display or pyrotechnic
2    service.
3(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
 
4    (225 ILCS 227/36 new)
5    Sec. 36. Applicant convictions.
6    (a) The Office shall not require the applicant to report
7the following information and shall not consider the following
8criminal history records in connection with an application for
9a license under this Act:
10        (1) Juvenile adjudications of delinquent minors as
11    defined in Section 5-105 of the Juvenile Court Act of 1987,
12    subject to the restrictions set forth in Section 5-130 of
13    the Juvenile Court Act of 1987.
14        (2) Law enforcement records, court records, and
15    conviction records of an individual who was 17 years old at
16    the time of the offense and before January 1, 2014, unless
17    the nature of the offense required the individual to be
18    tried as an adult.
19        (3) Records of arrest not followed by a conviction.
20        (4) Convictions overturned by a higher court.
21        (5) Convictions or arrests that have been sealed or
22    expunged.
23    (b) When reviewing, for the purpose of licensure, a
24conviction of any felony within the previous 5 years, the
25Office shall consider any evidence of rehabilitation and

 

 

10000SB2053sam001- 100 -LRB100 08715 SMS 23371 a

1mitigating factors contained in the applicant's record,
2including any of the following factors and evidence, to
3determine if such conviction will impair the ability of the
4applicant to engage in the position for which a license is
5sought:
6        (1) the lack of direct relation of the offense for
7    which the applicant was previously convicted to the duties,
8    functions, and responsibilities of the position for which a
9    license is sought;
10        (2) the amount of time that has elapsed since the
11    offense occurred;
12        (3) if the applicant was previously licensed or
13    employed in this State or other state or jurisdictions,
14    then the lack of prior misconduct arising from or related
15    to the licensed position or position of employment;
16        (4) the age of the person at the time of the criminal
17    offense;
18        (5) successful completion of sentence and, for
19    applicants serving a term of parole or probation, a
20    progress report provided by the applicant's probation or
21    parole officer that documents the applicant's compliance
22    with conditions of supervision;
23        (6) evidence of the applicant's present fitness and
24    professional character;
25        (7) evidence of rehabilitation or rehabilitative
26    effort during or after incarceration, or during or after a

 

 

10000SB2053sam001- 101 -LRB100 08715 SMS 23371 a

1    term of supervision, including, but not limited to, a
2    certificate of good conduct under Section 5-5.5-25 of the
3    Unified Code of Corrections or a certificate of relief from
4    disabilities under Section 5-5.5-10 of the Unified Code of
5    Corrections; and
6        (8) any other mitigating factors that contribute to the
7    person's potential and current ability to perform the
8    duties and responsibilities of the specific licensed
9    practice or employment position.
10    (c) If the Office refuses to issue a license to an
11applicant, then the applicant shall be notified of the denial
12in writing with the following included in the notice of denial:
13        (1) a statement about the decision to refuse to issue a
14    license;
15        (2) a list of the convictions that the Office
16    determined will impair the applicant's ability to engage in
17    the position for which a license is sought;
18        (3) a list of convictions that formed the sole or
19    partial basis for the refusal to issue a license; and
20        (4) a summary of the appeal process or the earliest the
21    applicant may reapply for a license, whichever is
22    applicable.
23    (d) No later than May 1 of each year, the Office must
24prepare, publicly announce, and publish a report of summary
25statistical information relating to new and renewal license
26applications during the preceding calendar year. Each report

 

 

10000SB2053sam001- 102 -LRB100 08715 SMS 23371 a

1shall show, at a minimum:
2        (1) the number of applicants for a new or renewal
3    license under this Act within the previous calendar year;
4        (2) the number of applicants for a new or renewal
5    license under this Act within the previous calendar year
6    who had any criminal conviction;
7        (3) the number of applicants for a new or renewal
8    license under this Act in the previous calendar year who
9    were granted a license;
10        (4) the number of applicants for a new or renewal
11    license with a criminal conviction who were granted a
12    license under this Act within the previous calendar year;
13        (5) the number of applicants for a new or renewal
14    license under this Act within the previous calendar year
15    who were denied a license;
16        (6) the number of applicants for a new or renewal
17    license with a criminal conviction who were denied a
18    license under this Act in the previous calendar year in
19    whole or in part because of a prior conviction;
20        (7) the number of licenses issued on probation without
21    monitoring under this Act in the previous calendar year to
22    applicants with a criminal conviction; and
23        (8) the number of licenses issued on probation with
24    monitoring under this Act in the previous calendar year to
25    applicants with a criminal conviction.
 

 

 

10000SB2053sam001- 103 -LRB100 08715 SMS 23371 a

1    Section 60. The Solid Waste Site Operator Certification Law
2is amended by changing Section 1005 and by adding Section
31005-1 as follows:
 
4    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
5    Sec. 1005. Agency authority. The Agency is authorized to
6exercise the following functions, powers and duties with
7respect to solid waste site operator certification:
8    (a) To conduct examinations to ascertain the
9qualifications of applicants for certificates of competency as
10solid waste site operators;
11    (b) To conduct courses of training on the practical aspects
12of the design, operation and maintenance of sanitary landfills;
13    (c) To issue a certificate to any applicant who has
14satisfactorily met all the requirements pertaining to a
15certificate of competency as a solid waste site operator;
16    (d) To suspend, revoke or refuse to issue any certificate
17for any one or any combination of the following causes:
18        (1) The practice of any fraud or deceit in obtaining or
19    attempting to obtain a certificate of competency;
20        (2) Negligence or misconduct in the operation of a
21    sanitary landfill;
22        (3) Repeated failure to comply with any of the
23    requirements applicable to the operation of a sanitary
24    landfill, except for Board requirements applicable to the
25    collection of litter;

 

 

10000SB2053sam001- 104 -LRB100 08715 SMS 23371 a

1        (4) Repeated violations of federal, State or local
2    laws, regulations, standards, or ordinances regarding the
3    operation of refuse disposal facilities or sites;
4        (5) For the certified, conviction Conviction in this or
5    another State of any crime which is a felony under the laws
6    of this State or conviction of a felony in a federal court;
7    for applicants, the provisions of Section 1005-1 apply;
8        (6) Proof of gross carelessness or incompetence in
9    handling, storing, processing, transporting, or disposing
10    of any hazardous waste; or
11        (7) Being declared to be a person under a legal
12    disability by a court of competent jurisdiction and not
13    thereafter having been lawfully declared to be a person not
14    under legal disability or to have recovered.
15    (e) To adopt rules necessary to perform its functions,
16powers, and duties with respect to solid waste site operator
17certifications.
18(Source: P.A. 86-1363.)
 
19    (225 ILCS 230/1005-1 new)
20    Sec. 1005-1. Applicant convictions.
21    (a) The Agency shall not require applicants to report the
22following information and shall not consider the following
23criminal history records in connection with an application for
24certification under this Act:
25        (1) Juvenile adjudications of delinquent minors as

 

 

10000SB2053sam001- 105 -LRB100 08715 SMS 23371 a

1    defined in Section 5-105 of the Juvenile Court Act of 1987,
2    subject to the restrictions set forth in Section 5-130 of
3    the Juvenile Court Act of 1987.
4        (2) Law enforcement records, court records, and
5    conviction records of an individual who was 17 years old at
6    the time of the offense and before January 1, 2014, unless
7    the nature of the offense required the individual to be
8    tried as an adult.
9        (3) Records of arrest not followed by a conviction.
10        (4) Convictions overturned by a higher court.
11        (5) Convictions or arrests that have been sealed or
12    expunged.
13    (b) When reviewing a conviction of any felony, the Agency
14shall consider any evidence of rehabilitation and mitigating
15factors contained in the applicant's record, including any of
16the following factors and evidence, to determine if such
17conviction will impair the ability of the applicant to engage
18in the position for which a certificate is sought:
19        (1) the lack of direct relation of the offense for
20    which the applicant was previously convicted to the duties,
21    functions, and responsibilities of the position for which
22    certification is sought;
23        (2) whether 5 years since a felony conviction or 3
24    years since release from confinement for the conviction,
25    whichever is later, have passed without a subsequent
26    conviction;

 

 

10000SB2053sam001- 106 -LRB100 08715 SMS 23371 a

1        (3) if the applicant was previously licensed or
2    employed in this State or other state or jurisdictions,
3    then the lack of prior misconduct arising from or related
4    to the licensed position or position of employment;
5        (4) the age of the person at the time of the criminal
6    offense;
7        (5) successful completion of sentence and, for
8    applicants serving a term of parole or probation, a
9    progress report provided by the applicant's probation or
10    parole officer that documents the applicant's compliance
11    with conditions of supervision;
12        (6) evidence of the applicant's present fitness and
13    professional character;
14        (7) evidence of rehabilitation or rehabilitative
15    effort during or after incarceration, or during or after a
16    term of supervision, including, but not limited to, a
17    certificate of good conduct under Section 5-5.5-25 of the
18    Unified Code of Corrections or a certificate of relief from
19    disabilities under Section 5-5.5-10 of the Unified Code of
20    Corrections; and
21        (8) any other mitigating factors that contribute to the
22    person's potential and current ability to perform the
23    duties and responsibilities of the position for which a
24    certificate or employment is sought.
25    (c) If the Agency refuses to issue a certificate to an
26applicant, then the Agency shall notify the applicant of the

 

 

10000SB2053sam001- 107 -LRB100 08715 SMS 23371 a

1denial in writing with the following included in the notice of
2denial:
3        (1) a statement about the decision to refuse to grant
4    certification;
5        (2) a list of the convictions that the Agency
6    determined will impair the applicant's ability to engage in
7    the position for which a certificate is sought;
8        (3) a list of convictions that formed the sole or
9    partial basis for the refusal to issue a certificate; and
10        (4) a summary of the appeal process or the earliest the
11    applicant may reapply for a certificate, whichever is
12    applicable.
13    (d) No later than May 1 of each year, the Agency must
14prepare, publicly announce, and publish a report of summary
15statistical information relating to new and renewal
16certification applications during the preceding calendar year.
17Each report shall show, at a minimum:
18        (1) the number of applicants for a new or renewal
19    certification under this Act within the previous calendar
20    year;
21        (2) the number of applicants for a new or renewal
22    certification under this Act within the previous calendar
23    year who had any criminal conviction;
24        (3) the number of applicants for a new or renewal
25    certification under this Act in the previous calendar year
26    who were granted a license;

 

 

10000SB2053sam001- 108 -LRB100 08715 SMS 23371 a

1        (4) the number of applicants for a new or renewal
2    certification with a criminal conviction who were granted
3    certification under this Act within the previous calendar
4    year;
5        (5) the number of applicants for a new or renewal
6    certification under this Act within the previous calendar
7    year who were denied certification;
8        (6) the number of applicants for a new or renewal
9    certification with a criminal conviction who were denied
10    certification under this Act in the previous calendar year
11    in whole or in part because of a prior conviction;
12        (7) the number of certifications issued on probation
13    without monitoring under this Act in the previous calendar
14    year to applicants with a criminal conviction; and
15        (8) the number of certifications issued on probation
16    with monitoring under this Act in the previous calendar
17    year to applicants with a criminal conviction.
 
18    Section 65. The Interior Design Title Act is amended by
19changing Section 13 and by adding Section 13.5 as follows:
 
20    (225 ILCS 310/13)  (from Ch. 111, par. 8213)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 13. Refusal, revocation or suspension of
23registration. The Department may refuse to issue, renew, or
24restore or may revoke, suspend, place on probation, reprimand

 

 

10000SB2053sam001- 109 -LRB100 08715 SMS 23371 a

1or take other disciplinary action as the Department may deem
2proper, including fines not to exceed $5,000 for each
3violation, with regard to any registration for any one or
4combination of the following causes:
5        (a) Fraud in procuring the certificate of
6    registration.
7        (b) Habitual intoxication or addiction to the use of
8    drugs.
9        (c) Making any misrepresentations or false promises,
10    directly or indirectly, to influence, persuade, or induce
11    patronage.
12        (d) Professional connection or association with, or
13    lending his or her name, to another for illegal use of the
14    title "registered interior designer", or professional
15    connection or association with any person, firm, or
16    corporation holding itself out in any manner contrary to
17    this Act.
18        (e) Obtaining or seeking to obtain checks, money, or
19    any other items of value by false or fraudulent
20    representations.
21        (f) Use of the title under a name other than his or her
22    own.
23        (g) Improper, unprofessional, or dishonorable conduct
24    of a character likely to deceive, defraud, or harm the
25    public.
26        (h) For licensees, conviction Conviction in this or

 

 

10000SB2053sam001- 110 -LRB100 08715 SMS 23371 a

1    another state, or federal court, of any crime which is a
2    felony, if the Department determines, after investigation,
3    that such person has not been sufficiently rehabilitated to
4    warrant the public trust. For applicants, the provisions of
5    Section 13.5 apply.
6        (i) A violation of any provision of this Act or its
7    rules.
8        (j) Revocation by another state, the District of
9    Columbia, territory, or foreign nation of an interior
10    design or residential interior design registration if at
11    least one of the grounds for that revocation is the same as
12    or the equivalent of one of the grounds for revocation set
13    forth in this Act.
14        (k) Mental incompetence as declared by a court of
15    competent jurisdiction.
16        (l) Being named as a perpetrator in an indicated report
17    by the Department of Children and Family Services pursuant
18    to the Abused and Neglected Child Reporting Act, and upon
19    proof by clear and convincing evidence that the registrant
20    has caused a child to be an abused child or neglected child
21    as defined in the Abused and Neglected Child Reporting Act.
22    The Department shall deny a registration or renewal
23authorized by this Act to any person who has defaulted on an
24educational loan guaranteed by the Illinois Student Assistance
25Commission; however, the Department may issue a certificate of
26registration or renewal if such person has established a

 

 

10000SB2053sam001- 111 -LRB100 08715 SMS 23371 a

1satisfactory repayment record as determined by the Illinois
2Student Assistance Commission.
3    The Department may refuse to issue or may suspend the
4registration of any person who fails to file a return, or to
5pay the tax, penalty, or interest showing in a filed return, or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Illinois Department
8of Revenue, until such time as the requirements of any such tax
9Act are satisfied.
10    The entry of a decree by any circuit court establishing
11that any person holding a certificate of registration under
12this Act is a person subject to involuntary admission under the
13Mental Health and Developmental Disabilities Code shall
14operate as a suspension of that registration. That person may
15resume using the title "registered interior designer" only upon
16a finding by the Board that he or she has been determined to be
17no longer subject to involuntary admission by the court and
18upon the Board's recommendation to the Director that he or she
19be permitted to resume using the title "registered interior
20designer".
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
22    (225 ILCS 310/13.5 new)
23    Sec. 13.5. Applicant convictions.
24    (a) The Department shall not require the applicant to
25report the following information and shall not consider the

 

 

10000SB2053sam001- 112 -LRB100 08715 SMS 23371 a

1following criminal history records in connection with an
2application for licensure:
3        (1) Juvenile adjudications of delinquent minors as
4    defined in Section 5-105 of the Juvenile Court Act of 1987,
5    subject to the restrictions set forth in Section 5-130 of
6    the Juvenile Court Act of 1987.
7        (2) Law enforcement records, court records, and
8    conviction records of an individual who was 17 years old at
9    the time of the offense and before January 1, 2014, unless
10    the nature of the offense required the individual to be
11    tried as an adult.
12        (3) Records of arrest not followed by a charge or
13    conviction.
14        (4) Records of arrest where charges were dismissed
15    unless related to the practice of the profession. However,
16    applicants shall not be asked to report any arrests, and
17    any arrest not followed by a conviction shall not be the
18    basis of a denial and may be used only to assess an
19    applicant's rehabilitation.
20        (5) Convictions overturned by a higher court.
21        (6) Convictions or arrests that have been sealed or
22    expunged.
23    (b) The Department, upon a finding that an applicant for a
24license was previously convicted of a felony by plea of guilty
25or nolo contendere, finding of guilt, jury verdict, or entry of
26judgment, shall consider any evidence of rehabilitation and

 

 

10000SB2053sam001- 113 -LRB100 08715 SMS 23371 a

1mitigating factors contained in the applicant's record,
2including any of the following factors and evidence, to
3determine if the prior conviction will impair the ability of
4the applicant to engage in the position for which a license is
5sought:
6        (1) the lack of direct relation of the offense for
7    which the applicant was previously convicted to the duties,
8    functions, and responsibilities of the position for which a
9    license is sought;
10        (2) whether 5 years since a felony conviction or 3
11    years since release from confinement for the conviction,
12    whichever is later, have passed without a subsequent
13    conviction;
14        (3) if the applicant was previously licensed or
15    employed in this State or other state or jurisdictions,
16    then the lack of prior misconduct arising from or related
17    to the licensed position or position of employment;
18        (4) the age of the person at the time of the criminal
19    offense;
20        (5) successful completion of sentence and, for
21    applicants serving a term of parole or probation, a
22    progress report provided by the applicant's probation or
23    parole officer that documents the applicant's compliance
24    with conditions of supervision;
25        (6) evidence of the applicant's present fitness and
26    professional character;

 

 

10000SB2053sam001- 114 -LRB100 08715 SMS 23371 a

1        (7) evidence of rehabilitation or rehabilitative
2    effort during or after incarceration, or during or after a
3    term of supervision, including, but not limited to, a
4    certificate of good conduct under Section 5-5.5-25 of the
5    Unified Code of Corrections or a certificate of relief from
6    disabilities under Section 5-5.5-10 of the Unified Code of
7    Corrections; and
8        (8) any other mitigating factors that contribute to the
9    person's potential and current ability to perform the
10    duties and responsibilities of the position for which a
11    license or employment is sought.
12    (c) If the Department refuses to issue a license to an
13applicant based, in whole or in part, upon a conviction or
14convictions, then the Department shall notify the applicant of
15the denial in writing with the following included in the notice
16of denial:
17        (1) a statement about the decision to refuse to issue a
18    license;
19        (2) a list of the convictions that the Department
20    determined will impair the applicant's ability to engage in
21    the position for which a license is sought;
22        (3) a list of convictions that formed the sole or
23    partial basis for the refusal to issue a license; and
24        (4) a summary of the appeal process or the earliest the
25    applicant may reapply for a license, whichever is
26    applicable.

 

 

10000SB2053sam001- 115 -LRB100 08715 SMS 23371 a

1    (d) No later than May 1 of each year, the Department must
2prepare, publicly announce, and publish a report of summary
3statistical information relating to new license applications
4during the preceding calendar year. Each report shall show, at
5a minimum:
6        (1) the number of applicants for a new license under
7    this Act within the previous calendar year;
8        (2) the number of applicants for a new license under
9    this Act within the previous calendar year who had any
10    criminal conviction;
11        (3) the number of applicants for a new license under
12    this Act in the previous calendar year who were granted a
13    license;
14        (4) the number of applicants for a new license with a
15    criminal conviction who were granted a license under this
16    Act within the previous calendar year;
17        (5) the number of applicants for a new license under
18    this Act within the previous calendar year who were denied
19    a license;
20        (6) the number of applicants for a new license with a
21    criminal conviction who were denied a license under this
22    Act in the previous calendar year in part or in full
23    because of a prior conviction; and
24        (7) the number of licenses issued on probation under
25    this Act in the previous calendar year to applicants with a
26    criminal conviction.
 

 

 

10000SB2053sam001- 116 -LRB100 08715 SMS 23371 a

1    Section 70. The Illinois Professional Land Surveyor Act of
21989 is amended by changing Section 27 and by adding Section
312.5 as follows:
 
4    (225 ILCS 330/12.5 new)
5    Sec. 12.5. Applicant convictions.
6    (a) The Department shall not require the applicant to
7report the following information and shall not consider the
8following criminal history records in connection with an
9application for a license under this Act:
10        (1) Juvenile adjudications of delinquent minors as
11    defined in Section 5-105 of the Juvenile Court Act of 1987,
12    subject to the restrictions set forth in Section 5-130 of
13    the Juvenile Court Act of 1987.
14        (2) Law enforcement records, court records, and
15    conviction records of an individual who was 17 years old at
16    the time of the offense and before January 1, 2014, unless
17    the nature of the offense required the individual to be
18    tried as an adult.
19        (3) Records of arrest not followed by a charge or
20    conviction.
21        (4) Records of arrest where charges were dismissed
22    unless related to the practice of the profession. However,
23    applicants shall not be asked to report any arrests, and
24    any arrest not followed by a conviction shall not be the

 

 

10000SB2053sam001- 117 -LRB100 08715 SMS 23371 a

1    basis of a denial and may be used only to assess an
2    applicant's rehabilitation.
3        (5) Convictions overturned by a higher court.
4        (6) Convictions or arrests that have been sealed or
5    expunged.
6    (b) No applicant for license under this Act shall be denied
7a license based on a finding of a lack of "good moral
8character" when a finding is based on the fact that an
9applicant was previously convicted of a criminal offense or
10offenses. The Department, upon a finding that an applicant for
11a license was previously convicted of any felony or a
12misdemeanor directly related to the practice of the profession,
13shall consider any evidence of rehabilitation and mitigating
14factors contained in the applicant's record, including any of
15the following factors and evidence, to determine if the prior
16conviction will impair the ability of the applicant to engage
17in the position for which a license is sought:
18        (1) the lack of direct relation of the offense for
19    which the applicant was previously convicted to the duties,
20    functions, and responsibilities of the position for which a
21    license is sought;
22        (2) whether 5 years since a felony conviction or 3
23    years since release from confinement for the conviction,
24    whichever is later, have passed without a subsequent
25    conviction;
26        (3) if the applicant was previously licensed or

 

 

10000SB2053sam001- 118 -LRB100 08715 SMS 23371 a

1    employed in this State or other state or jurisdictions,
2    then the lack of prior misconduct arising from or related
3    to the licensed position or position of employment;
4        (4) the age of the person at the time of the criminal
5    offense;
6        (5) successful completion of sentence and, for
7    applicants serving a term of parole or probation, a
8    progress report provided by the applicant's probation or
9    parole officer that documents the applicant's compliance
10    with conditions of supervision;
11        (6) evidence of the applicant's present fitness and
12    professional character;
13        (7) evidence of rehabilitation or rehabilitative
14    effort during or after incarceration, or during or after a
15    term of supervision, including, but not limited to, a
16    certificate of good conduct under Section 5-5.5-25 of the
17    Unified Code of Corrections or a certificate of relief from
18    disabilities under Section 5-5.5-10 of the Unified Code of
19    Corrections; and
20        (8) any other mitigating factors that contribute to the
21    person's potential and current ability to perform the
22    duties and responsibilities of the position for which a
23    license or employment is sought.
24    (c) If the Department refuses to issue a license to an
25applicant based, in whole or in part, upon a conviction or
26convictions, then the Department shall notify the applicant of

 

 

10000SB2053sam001- 119 -LRB100 08715 SMS 23371 a

1the denial in writing with the following included in the notice
2of denial:
3        (1) a statement about the decision to refuse to issue a
4    license;
5        (2) a list of the convictions that the Department
6    determined will impair the applicant's ability to engage in
7    the position for which a license is sought;
8        (3) a list of convictions that formed the sole or
9    partial basis for the refusal to issue a license; and
10        (4) a summary of the appeal process or the earliest the
11    applicant may reapply for a license, whichever is
12    applicable.
13    (d) No later than May 1 of each year, the Department must
14prepare, publicly announce, and publish a report of summary
15statistical information relating to new license applications
16during the preceding calendar year. Each report shall show, at
17a minimum:
18        (1) the number of applicants for a new license under
19    this Act within the previous calendar year;
20        (2) the number of applicants for a new license under
21    this Act within the previous calendar year who had any
22    criminal conviction;
23        (3) the number of applicants for a new license under
24    this Act in the previous calendar year who were granted a
25    license;
26        (4) the number of applicants for a new license with a

 

 

10000SB2053sam001- 120 -LRB100 08715 SMS 23371 a

1    criminal conviction who were granted a license under this
2    Act within the previous calendar year;
3        (5) the number of applicants for a new license under
4    this Act within the previous calendar year who were denied
5    a license;
6        (6) the number of applicants for a new license with a
7    criminal conviction who were denied a license under this
8    Act in the previous calendar year in part or in whole
9    because of a prior conviction; and
10        (7) the number of licenses issued on probation under
11    this Act in the previous calendar year to applicants with a
12    criminal conviction.
 
13    (225 ILCS 330/27)  (from Ch. 111, par. 3277)
14    (Section scheduled to be repealed on January 1, 2020)
15    Sec. 27. Grounds for disciplinary action.
16    (a) The Department may refuse to issue or renew a license,
17or may place on probation or administrative supervision,
18suspend, or revoke any license, or may reprimand or take any
19disciplinary or non-disciplinary action as the Department may
20deem proper, including the imposition of fines not to exceed
21$10,000 per violation, upon any person, corporation,
22partnership, or professional land surveying firm licensed or
23registered under this Act for any of the following reasons:
24        (1) material misstatement in furnishing information to
25    the Department;

 

 

10000SB2053sam001- 121 -LRB100 08715 SMS 23371 a

1        (2) violation, including, but not limited to, neglect
2    or intentional disregard, of this Act, or its rules;
3        (3) for licensees, conviction of, or entry of a plea of
4    guilty or nolo contendere to, any crime that is a felony
5    under the laws of the United States or any state or
6    territory thereof or that is a misdemeanor of which an
7    essential element is dishonesty, or any crime that is
8    directly related to the practice of the profession; for
9    applicants, the provisions of Section 12.5 apply;
10        (4) making any misrepresentation for the purpose of
11    obtaining a license, or in applying for restoration or
12    renewal, or the practice of any fraud or deceit in taking
13    any examination to qualify for licensure under this Act;
14        (5) purposefully making false statements or signing
15    false statements, certificates, or affidavits to induce
16    payment;
17        (6) proof of carelessness, incompetence, negligence,
18    or misconduct in practicing land surveying;
19        (7) aiding or assisting another person in violating any
20    provision of this Act or its rules;
21        (8) failing to provide information in response to a
22    written request made by the Department within 30 days after
23    receipt of such written request;
24        (9) engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public;

 

 

10000SB2053sam001- 122 -LRB100 08715 SMS 23371 a

1        (10) inability to practice with reasonable judgment,
2    skill, or safety as a result of habitual or excessive use
3    of, or addiction to, alcohol, narcotics, stimulants or any
4    other chemical agent or drug;
5        (11) discipline by the United States government,
6    another state, District of Columbia, territory, foreign
7    nation or government agency if at least one of the grounds
8    for the discipline is the same or substantially equivalent
9    to those set forth in this Act;
10        (12) directly or indirectly giving to or receiving from
11    any person, firm, corporation, partnership, or association
12    any fee, commission, rebate, or other form of compensation
13    for any professional services not actually or personally
14    rendered;
15        (12.5) issuing a map or plat of survey where the fee
16    for professional services is contingent on a real estate
17    transaction closing;
18        (13) a finding by the Department that an applicant or
19    licensee has failed to pay a fine imposed by the Department
20    or a licensee whose license has been placed on probationary
21    status has violated the terms of probation;
22        (14) practicing on an expired, inactive, suspended, or
23    revoked license;
24        (15) signing, affixing the Professional Land
25    Surveyor's seal or permitting the Professional Land
26    Surveyor's seal to be affixed to any map or plat of survey

 

 

10000SB2053sam001- 123 -LRB100 08715 SMS 23371 a

1    not prepared by the Professional Land Surveyor or under the
2    Professional Land Surveyor's direct supervision and
3    control;
4        (16) inability to practice the profession with
5    reasonable judgment, skill, or safety as a result of
6    physical illness, including, but not limited to,
7    deterioration through the aging process or loss of motor
8    skill or a mental illness or disability;
9        (17) (blank); or
10        (18) failure to adequately supervise or control land
11    surveying operations being performed by subordinates.
12    (a-5) In enforcing this Section, the Department or Board,
13upon a showing of a possible violation, may compel a person
14licensed to practice under this Act, or who has applied for
15licensure or certification pursuant to this Act, to submit to a
16mental or physical examination, or both, as required by and at
17the expense of the Department. The Department or Board may
18order the examining physician to present testimony concerning
19the mental or physical examination of the licensee or
20applicant. No information shall be excluded by reason of any
21common law or statutory privilege relating to communications
22between the licensee or applicant and the examining physician.
23The examining physicians shall be specifically designated by
24the Board or Department. The individual to be examined may
25have, at his or her own expense, another physician of his or
26her choice present during all aspects of the examination.

 

 

10000SB2053sam001- 124 -LRB100 08715 SMS 23371 a

1Failure of an individual to submit to a mental or physical
2examination when directed shall be grounds for the immediate
3suspension of his or her license until the individual submits
4to the examination if the Department finds that the refusal to
5submit to the examination was without reasonable cause as
6defined by rule.
7    If the Secretary immediately suspends the license of a
8licensee for his or her failure to submit to a mental or
9physical examination when directed, a hearing must be convened
10by the Department within 15 days after the suspension and
11completed without appreciable delay.
12    If the Secretary otherwise suspends a person's license
13pursuant to the results of a compelled mental or physical
14examination, a hearing on that person's license must be
15convened by the Department within 15 days after the suspension
16and completed without appreciable delay. The Department and
17Board shall have the authority to review the subject
18individual's record of treatment and counseling regarding
19impairment to the extent permitted by applicable federal
20statutes and regulations safeguarding the confidentiality of
21medical records.
22    Any licensee suspended under this subsection (a-5) shall be
23afforded an opportunity to demonstrate to the Department or
24Board that he or she can resume practice in compliance with the
25acceptable and prevailing standards under the provisions of his
26or her license.

 

 

10000SB2053sam001- 125 -LRB100 08715 SMS 23371 a

1    (b) 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 now or hereafter amended, operates as an automatic
5license suspension. Such suspension will end only upon a
6finding by a court that the patient is no longer subject to
7involuntary admission or judicial admission and the issuance of
8an order so finding and discharging the patient and upon the
9recommendation of the Board to the Director that the licensee
10be allowed to resume his or her practice.
11    (c) 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 subdivision (a)(5) of
16Section 2105-15 of the Department of Professional Regulation
17Law of the Civil Administrative Code of Illinois (20 ILCS
182105/2105-15).
19    (d) In cases where the Department of Healthcare and Family
20Services (formerly the Department of Public Aid) has previously
21determined that a licensee or a potential licensee is more than
2230 days delinquent in the payment of child support and has
23subsequently certified the delinquency to the Department, the
24Department shall refuse to issue or renew or shall revoke or
25suspend that person's license or shall take other disciplinary
26action against that person based solely upon the certification

 

 

10000SB2053sam001- 126 -LRB100 08715 SMS 23371 a

1of delinquency made by the Department of Healthcare and Family
2Services in accordance with subdivision (a)(5) of Section
32105-15 of the Department of Professional Regulation Law of the
4Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
5    (e) The Department shall refuse to issue or renew or shall
6revoke or suspend a person's license or shall take other
7disciplinary action against that person for his or her failure
8to file a return, to pay the tax, penalty, or interest shown in
9a filed return, or to pay any final assessment of tax, penalty,
10or interest 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 (20 ILCS
152105/2105-15).
16(Source: P.A. 98-756, eff. 7-16-14.)
 
17    Section 75. The Water Well and Pump Installation
18Contractor's License Act is amended by changing Section 15 and
19by adding Section 15.1 as follows:
 
20    (225 ILCS 345/15)  (from Ch. 111, par. 7116)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 15. The Department may refuse to issue or renew, may
23suspend or may revoke a license on any one or more of the
24following grounds:

 

 

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1    (1) Material misstatement in the application for license;
2    (2) Failure to have or retain the qualifications required
3by Section 9 of this Act;
4    (3) Wilful disregard or violation of this Act or of any
5rule or regulation promulgated by the Department pursuant
6thereto; or disregard or violation of any law of the state of
7Illinois or of any rule or regulation promulgated pursuant
8thereto relating to water well drilling or the installation of
9water pumps and equipment or any rule or regulation adopted
10pursuant thereto;
11    (4) Wilfully aiding or abetting another in the violation of
12this Act or any rule or regulation promulgated by the
13Department pursuant thereto;
14    (5) Incompetence in the performance of the work of a water
15well contractor or of a water well pump installation
16contractor;
17    (6) Allowing the use of a license by someone other than the
18person in whose name it was issued;
19    (7) For licensees, conviction Conviction of any crime an
20essential element of which is misstatement, fraud or
21dishonesty, conviction in this or another State of any crime
22which is a felony under the laws of this State or the
23conviction in a federal court of any felony; for applicants,
24the provisions of Section 15.1 apply; .
25    (8) Making substantial misrepresentations or false
26promises of a character likely to influence, persuade or induce

 

 

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1in connection with the occupation of a water well contractor or
2a water well pump installation contractor.
3(Source: P.A. 77-1626.)
 
4    (225 ILCS 345/15.1 new)
5    Sec. 15.1. Applicant convictions.
6    (a) The Department shall not require an applicant to
7provide the following information and shall not consider the
8following criminal history records in connection with an
9application for licensure:
10        (1) Juvenile adjudications of delinquent minors as
11    defined in Section 5-105 of the Juvenile Court Act of 1987,
12    subject to the exclusions set forth in Section 5-130 of the
13    Juvenile Court Act of 1987.
14        (2) Law enforcement records, court records, and
15    conviction records of an individual who was 17 years old at
16    the time of the offense and before January 1, 2014, unless
17    the nature of the offense required the individual to be
18    tried as an adult.
19        (3) Records of arrest not followed by a charge or
20    conviction.
21        (4) Records of arrest where charges were dismissed
22    unless related to the practice of the profession. However,
23    applicants shall not be asked to report any arrests, and
24    any arrest not followed by a conviction shall not be the
25    basis of a denial and may be used only to assess an

 

 

10000SB2053sam001- 129 -LRB100 08715 SMS 23371 a

1    applicant's rehabilitation.
2        (5) Convictions overturned by a higher court.
3        (6) Convictions or arrests that have been sealed or
4    expunged.
5    (b) The Department, upon a finding that an applicant for a
6license was previously convicted of any felony or a misdemeanor
7directly related to the practice of the profession, shall
8consider any evidence of rehabilitation and mitigating factors
9contained in the applicant's record, including any of the
10following factors and evidence, to determine if the prior
11conviction will impair the ability of the applicant to engage
12in the position for which a license is sought:
13        (1) the lack of direct relation of the offense for
14    which the applicant was previously convicted to the duties,
15    functions, and responsibilities of the position for which a
16    license is sought;
17        (2) whether 5 years since a felony conviction or 3
18    years since release from confinement for the conviction,
19    whichever is later, have passed without a subsequent
20    conviction;
21        (3) if the applicant was previously licensed or
22    employed in this State or other state or jurisdictions,
23    then the lack of prior misconduct arising from or related
24    to the licensed position or position of employment;
25        (4) the age of the person at the time of the criminal
26    offense;

 

 

10000SB2053sam001- 130 -LRB100 08715 SMS 23371 a

1        (5) successful completion of sentence and, for
2    applicants serving a term of parole or probation, a
3    progress report provided by the applicant's probation or
4    parole officer that documents the applicant's compliance
5    with conditions of supervision;
6        (6) evidence of the applicant's present fitness and
7    professional character;
8        (7) evidence of rehabilitation or rehabilitative
9    effort during or after incarceration, or during or after a
10    term of supervision, including, but not limited to, a
11    certificate of good conduct under Section 5-5.5-25 of the
12    Unified Code of Corrections or a certificate of relief from
13    disabilities under Section 5-5.5-10 of the Unified Code of
14    Corrections; and
15        (8) any other mitigating factors that contribute to the
16    person's potential and current ability to perform the job
17    duties.
18    (c) If the Department refuses to issue a license to an
19applicant, then the Department shall notify the applicant of
20the denial in writing with the following included in the notice
21of denial:
22        (1) a statement about the decision to refuse to issue a
23    license;
24        (2) a list of the convictions that the Department
25    determined will impair the applicant's ability to engage in
26    the position for which a license is sought;

 

 

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1        (3) a list of convictions that formed the sole or
2    partial basis for the refusal to issue a license; and
3        (4) a summary of the appeal process or the earliest the
4    applicant may reapply for a license, whichever is
5    applicable.
6    (d) No later than May 1 of each year, the Department must
7prepare, publicly announce, and publish a report of summary
8statistical information relating to new and renewal license
9applications during the preceding calendar year. Each report
10shall show, at a minimum:
11        (1) the number of applicants for a new or renewal
12    license under this Act within the previous calendar year;
13        (2) the number of applicants for a new or renewal
14    license under this Act within the previous calendar year
15    who had any criminal conviction;
16        (3) the number of applicants for a new or renewal
17    license under this Act in the previous calendar year who
18    were granted a license;
19        (4) the number of applicants for a new or renewal
20    license with a criminal conviction who were granted a
21    license under this Act within the previous calendar year;
22        (5) the number of applicants for a new or renewal
23    license under this Act within the previous calendar year
24    who were denied a license;
25        (6) the number of applicants for a new or renewal
26    license with a criminal conviction who were denied a

 

 

10000SB2053sam001- 132 -LRB100 08715 SMS 23371 a

1    license under this Act in the previous calendar year in
2    part or in full because of a prior conviction;
3        (7) the number of licenses issued on probation without
4    monitoring under this Act in the previous calendar year to
5    applicants with a criminal conviction; and
6        (8) the number of licenses issued on probation with
7    monitoring under this Act in the previous calendar year to
8    applicants with a criminal conviction.
 
9    Section 80. The Illinois Athlete Agents Act is amended by
10changing Section 75 and by adding Section 74 as follows:
 
11    (225 ILCS 401/74 new)
12    Sec. 74. Applicant convictions.
13    (a) The Department shall not require the applicant to
14report the following information and shall not consider the
15following criminal history records in connection with an
16application for licensure:
17        (1) Juvenile adjudications of delinquent minors as
18    defined in Section 5-105 of the Juvenile Court Act of 1987,
19    subject to the restrictions set forth in Section 5-130 of
20    the Juvenile Court Act of 1987.
21        (2) Law enforcement records, court records, and
22    conviction records of an individual who was 17 years old at
23    the time of the offense and before January 1, 2014, unless
24    the nature of the offense required the individual to be

 

 

10000SB2053sam001- 133 -LRB100 08715 SMS 23371 a

1    tried as an adult.
2        (3) Records of arrest not followed by a charge or
3    conviction.
4        (4) Records of arrest where charges were dismissed
5    unless related to the practice of the profession. However,
6    applicants shall not be asked to report any arrests, and
7    any arrest not followed by a conviction shall not be the
8    basis of a denial and may be used only to assess an
9    applicant's rehabilitation.
10        (5) Convictions overturned by a higher court.
11        (6) Convictions or arrests that have been sealed or
12    expunged.
13    (b) The Department, upon a finding that an applicant for a
14license was previously convicted of any felony or a misdemeanor
15directly related to the practice of the profession, shall
16consider any evidence of rehabilitation and mitigating factors
17contained in the applicant's record, including any of the
18following factors and evidence, to determine if the conviction
19will impair the ability of the applicant to engage in the
20position for which a license is sought:
21        (1) the lack of direct relation of the offense for
22    which the applicant was previously convicted to the duties,
23    functions, and responsibilities of the position for which a
24    license is sought;
25        (2) whether 5 years since a felony conviction or 3
26    years since release from confinement for the conviction,

 

 

10000SB2053sam001- 134 -LRB100 08715 SMS 23371 a

1    whichever is later, have passed without a subsequent
2    conviction;
3        (3) if the applicant was previously licensed or
4    employed in this State or other state or jurisdictions,
5    then the lack of prior misconduct arising from or related
6    to the licensed position or position of employment;
7        (4) the age of the person at the time of the criminal
8    offense;
9        (5) successful completion of sentence and, for
10    applicants serving a term of parole or probation, a
11    progress report provided by the applicant's probation or
12    parole officer that documents the applicant's compliance
13    with conditions of supervision;
14        (6) evidence of the applicant's present fitness and
15    professional character;
16        (7) evidence of rehabilitation or rehabilitative
17    effort during or after incarceration, or during or after a
18    term of supervision, including, but not limited to, a
19    certificate of good conduct under Section 5-5.5-25 of the
20    Unified Code of Corrections or a certificate of relief from
21    disabilities under Section 5-5.5-10 of the Unified Code of
22    Corrections; and
23        (8) any other mitigating factors that contribute to the
24    person's potential and current ability to perform the
25    duties and responsibilities of the position for which a
26    license or employment is sought.

 

 

10000SB2053sam001- 135 -LRB100 08715 SMS 23371 a

1    (c) If the Department refuses to issue a license to an
2applicant based, in whole or in part, upon a conviction or
3convictions, then the Department shall notify the applicant of
4the denial in writing with the following included in the notice
5of denial:
6        (1) a statement about the decision to refuse to issue a
7    license;
8        (2) a list of the convictions that the Department
9    determined will impair the applicant's ability to engage in
10    the position for which a license is sought;
11        (3) a list of convictions that formed the sole or
12    partial basis for the refusal to issue a license; and
13        (4) a summary of the appeal process or the earliest the
14    applicant may reapply for a license, whichever is
15    applicable.
16    (d) No later than May 1 of each year, the Department must
17prepare, publicly announce, and publish a report of summary
18statistical information relating to new license applications
19during the preceding calendar year. Each report shall show, at
20a minimum:
21        (1) the number of applicants for a new license under
22    this Act within the previous calendar year;
23        (2) the number of applicants for a new license under
24    this Act within the previous calendar year who had any
25    criminal conviction;
26        (3) the number of applicants for a new license under

 

 

10000SB2053sam001- 136 -LRB100 08715 SMS 23371 a

1    this Act in the previous calendar year who were granted a
2    license;
3        (4) the number of applicants for a new license with a
4    criminal conviction who were granted a license under this
5    Act within the previous calendar year;
6        (5) the number of applicants for a new license under
7    this Act within the previous calendar year who were denied
8    a license;
9        (6) the number of applicants for a new license with a
10    criminal conviction who were denied a license under this
11    Act in the previous calendar year in part or in whole
12    because of a prior conviction; and
13        (7) the number of licenses issued on probation under
14    this Act in the previous calendar year to applicants with a
15    criminal conviction.
 
16    (225 ILCS 401/75)
17    Sec. 75. Grounds for disciplinary action.
18    (a) The Department may refuse to issue or renew, or may
19revoke, suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including imposing fines not to exceed
22$10,000 for each violation, with regard to any license for any
23one or combination of the following:
24        (1) Making a material misstatement in furnishing
25    information to the Department.

 

 

10000SB2053sam001- 137 -LRB100 08715 SMS 23371 a

1        (2) Violating this Act, or the rules adopted pursuant
2    to this Act.
3        (3) For licensees, conviction Conviction of or entry of
4    a plea of guilty or nolo contendere, finding of guilt, jury
5    verdict, or entry of judgment or by sentencing of any
6    crime, including but not limited to convictions, preceding
7    sentences of supervision, conditional discharge or first
8    offender probation, to any crime that is a felony under the
9    laws of the United States or any state or territory thereof
10    or that is a misdemeanor of which as essential element is
11    dishonesty, or any crime that is directly related to the
12    practice of the profession. For applicants, the provisions
13    of Section 74 of this Act apply.
14        (4) Making any misrepresentation for the purpose of
15    obtaining licensure or violating any provision of this Act
16    or the rules adopted under this Act pertaining to
17    advertising.
18        (5) Professional incompetence.
19        (6) Gross malpractice.
20        (7) Aiding or assisting another person in violating any
21    provision of this Act or rules adopted under this Act.
22        (8) Failing, within 60 days, to provide information in
23    response to a written request made by the Department.
24        (9) Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public.

 

 

10000SB2053sam001- 138 -LRB100 08715 SMS 23371 a

1        (10) Inability to practice with reasonable judgment,
2    skill or safety as a result of habitual or excessive use or
3    addiction to alcohol, narcotics, stimulants or any other
4    chemical agent or drug.
5        (11) Denial of any application as an athlete agent or
6    discipline by another state, District of Columbia,
7    territory, or foreign nation, if at least one of the
8    grounds for the discipline is the same or substantially
9    equivalent to those set forth in this Section.
10        (12) A finding by the Department that the licensee,
11    after having his or her license placed on probationary
12    status, has violated the terms of probation.
13        (13) 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        (14) Inability to practice the profession with
17    reasonable judgment, skill, or safety as a result of a
18    physical illness, including but not limited to
19    deterioration through the aging process or loss of motor
20    skill, or a mental illness or disability.
21        (15) Solicitation of professional services other than
22    permitted advertising.
23        (16) Conviction of or cash compromise of a charge or
24    violation of the Illinois Controlled Substances Act
25    regulating narcotics.
26        (17) Gross, willful, or continued overcharging for

 

 

10000SB2053sam001- 139 -LRB100 08715 SMS 23371 a

1    professional services, including filing false statements
2    for collection of fees for which services are not rendered.
3        (18) Practicing under a false or, except as provided by
4    law, an assumed name.
5        (19) 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        (20) Any instance in which the conduct of the applicant
9    or any person named pursuant to item (5) of subsection (a)
10    of Section 45 resulted in the imposition of a sanction,
11    suspension, or declaration of ineligibility to participate
12    in an interscholastic or intercollegiate athletic event on
13    a student-athlete or educational institution.
14        (21) Any instance in which the conduct of any person
15    named pursuant to item (5) of subsection (a) of Section 45
16    resulted in the denial of an application as an athlete
17    agent or discipline of a license as an athlete agent by
18    another state, District of Columbia, territory, or foreign
19    nation, if at least one of the grounds for the discipline
20    is the same or substantially equivalent to those set forth
21    in this Section.
22        (22) Committing any of the activities set forth in
23    subsection (b) of Section 175 of this Act.
24    (b) A person holding a license under this Act or has
25applied for licensure under this Act who, because of a physical
26or mental illness or disability, including but not limited to

 

 

10000SB2053sam001- 140 -LRB100 08715 SMS 23371 a

1deterioration through the aging process or loss of motor skill,
2is unable to practice the profession with reasonable judgment,
3skill, or safety may be required by the Department to submit to
4care, counseling or treatment by physicians approved or
5designated by the Department as a condition, term or
6restriction for continued, reinstated or renewed licensure to
7practice. Submission to care, counseling or treatment as
8required by the Department shall not be considered discipline
9of the license. If the licensee refuses to enter into a care,
10counseling, or treatment agreement or fails to abide by the
11terms of the agreement, then the Department may file a
12complaint to suspend, revoke, or otherwise discipline the
13license of the individual. The Secretary may order the license
14suspended immediately, pending a hearing by the Department.
15Fines shall not be assessed in disciplinary actions involving
16physical or mental illness or impairment.
17    (c) 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, as amended, operates as an automatic suspension. The
21suspension will end only upon a finding by a court that the
22licensee is no longer subject to the involuntary admission or
23judicial admission and issues an order so finding and
24discharging the licensee; and upon review of the order by the
25Secretary or his or her designee, the licensee may be allowed
26to resume his or her practice.

 

 

10000SB2053sam001- 141 -LRB100 08715 SMS 23371 a

1    (d) The Department may refuse to issue or may suspend
2without hearing as provided for in the Code of Civil Procedure
3the license of any person who fails to file a return, or to pay
4the tax, penalty or interest shown in a filed return, or to pay
5any final assessment of the tax, penalty, or interest as
6required by any tax Act administered by the Illinois Department
7of Revenue, until such time as the requirements of any such tax
8Act are satisfied.
9    (e) In enforcing this Section, the Department upon a
10showing of a possible violation may compel an individual
11licensed to practice under this Act, or who has applied for
12licensure under this Act, to submit to a mental or physical
13examination, or both, as required by and at the expense of the
14Department. The Department may order the examining physician to
15present testimony concerning the mental or physical
16examination of the licensee or applicant. No information shall
17be excluded by reason of any common law or statutory privilege
18relating to communications between the licensee or applicant
19and the examining physician. The examining physicians shall be
20specifically designated by the Department. The individual to be
21examined may have, at his or her own expense, another physician
22of his or her choice present during all aspects of this
23examination. Failure of an individual to submit to a mental or
24physical examination, when directed, shall be grounds for the
25immediate suspension of his or her license until the individual
26submits to the examination if the Department finds that the

 

 

10000SB2053sam001- 142 -LRB100 08715 SMS 23371 a

1refusal to submit to the examination was without reasonable
2cause as defined by rule.
3    In instances in which the Secretary immediately suspends a
4person's license for his or her failure to submit to a mental
5or physical examination, when directed, a hearing on that
6person's license must be convened by the Department within 15
7days after the suspension and completed without appreciable
8delay.
9    In instances in which the Secretary otherwise suspends a
10person's license pursuant to the results of a compelled mental
11or physical examination a hearing on that person's license must
12be convened by the Department within 15 days after the
13suspension and completed without appreciable delay. The
14Department shall have the authority to review the subject
15individual's record of treatment and counseling regarding the
16impairment to the extent permitted by applicable federal
17statutes and regulations safeguarding the confidentiality of
18medical records.
19    An individual licensed under this Act and affected under
20this Section shall be afforded an opportunity to demonstrate to
21the Department that he or she can resume practice in compliance
22with acceptable and prevailing standards under the provisions
23of his or her license.
24(Source: P.A. 96-1030, eff. 1-1-11.)
 
25    Section 85. The Auction License Act is amended by changing

 

 

10000SB2053sam001- 143 -LRB100 08715 SMS 23371 a

1Section 20-15 and by adding Section 20-11 as follows:
 
2    (225 ILCS 407/20-11 new)
3    Sec. 20-11. Applicant convictions.
4    (a) The Department shall not require the applicant to
5report information about the following, and shall not consider
6the following criminal history records in connection with an
7application for a license under this Act:
8        (1) Juvenile adjudications of delinquent minors as
9    defined in Section 5-105 of the Juvenile Court Act of 1987,
10    subject to the restrictions set forth in Section 5-130 of
11    the Juvenile Court Act of 1987.
12        (2) Law enforcement records, court records, and
13    conviction records of an individual who was 17 years old at
14    the time of the offense and before January 1, 2014, unless
15    the nature of the offense required the individual to be
16    tried as an adult.
17        (3) Records of arrest not followed by a charge or
18    conviction.
19        (4) Records of arrest where charges were dismissed
20    unless related to the practice of the profession. However,
21    applicants shall not be asked to report any arrests, and
22    any arrest not followed by a conviction shall not be the
23    basis of a denial and may be used only to assess an
24    applicant's rehabilitation.
25        (5) Convictions overturned by a higher court.

 

 

10000SB2053sam001- 144 -LRB100 08715 SMS 23371 a

1        (6) Convictions or arrests that have been sealed or
2    expunged.
3    (b) The Department, upon a finding that an applicant for a
4license was previously convicted of any felony or a misdemeanor
5directly related to the practice of the profession, shall
6consider any evidence of rehabilitation and mitigating factors
7contained in the applicant's record, including any of the
8following factors and evidence, to determine if the conviction
9will impair the ability of the applicant to engage in the
10position for which a license is sought:
11        (1) the lack of direct relation of the offense for
12    which the applicant was previously convicted to the duties,
13    functions, and responsibilities of the position for which a
14    license is sought;
15        (2) whether 5 years since a felony conviction or 3
16    years since release from confinement for the conviction,
17    whichever is later, have passed without a subsequent
18    conviction;
19        (3) if the applicant was previously licensed or
20    employed in this State or other state or jurisdictions,
21    then the lack of prior misconduct arising from or related
22    to the licensed position or position of employment;
23        (4) the age of the person at the time of the criminal
24    offense;
25        (5) successful completion of sentence and, for
26    applicants serving a term of parole or probation, a

 

 

10000SB2053sam001- 145 -LRB100 08715 SMS 23371 a

1    progress report provided by the applicant's probation or
2    parole officer that documents the applicant's compliance
3    with conditions of supervision;
4        (6) evidence of the applicant's present fitness and
5    professional character;
6        (7) evidence of rehabilitation or rehabilitative
7    effort during or after incarceration, or during or after a
8    term of supervision, including, but not limited to, a
9    certificate of good conduct under Section 5-5.5-25 of the
10    Unified Code of Corrections or a certificate of relief from
11    disabilities under Section 5-5.5-10 of the Unified Code of
12    Corrections; and
13        (8) any other mitigating factors that contribute to the
14    person's potential and current ability to perform the
15    duties and responsibilities of the position for which a
16    license or employment is sought.
17    (c) If the Department refuses to issue a license to an
18applicant based, in whole or in part, upon a conviction or
19convictions, then the Department shall notify the applicant of
20the denial in writing with the following included in the notice
21of denial:
22        (1) a statement about the decision to refuse to issue a
23    license;
24        (2) a list of the convictions that the Department
25    determined will impair the applicant's ability to engage in
26    the position for which a license is sought;

 

 

10000SB2053sam001- 146 -LRB100 08715 SMS 23371 a

1        (3) a list of convictions that formed the sole or
2    partial basis for the refusal to issue a license; and
3        (4) a summary of the appeal process or the earliest the
4    applicant may reapply for a license, whichever is
5    applicable.
6    (d) No later than May 1 of each year, the Department must
7prepare, publicly announce, and publish a report of summary
8statistical information relating to new license applications
9during the preceding calendar year. Each report shall show, at
10a minimum:
11        (1) the number of applicants for a new license under
12    this Act within the previous calendar year;
13        (2) the number of applicants for a new license under
14    this Act within the previous calendar year who had any
15    criminal conviction;
16        (3) the number of applicants for a new license under
17    this Act in the previous calendar year who were granted a
18    license;
19        (4) the number of applicants for a new license with a
20    criminal conviction who were granted a license under this
21    Act within the previous calendar year;
22        (5) the number of applicants for a new license under
23    this Act within the previous calendar year who were denied
24    a license;
25        (6) the number of applicants for a new license with a
26    criminal conviction who were denied a license under this

 

 

10000SB2053sam001- 147 -LRB100 08715 SMS 23371 a

1    Act in the previous calendar year in part or in whole
2    because of a prior conviction; and
3        (7) the number of licenses issued on probation under
4    this Act in the previous calendar year to applicants with a
5    criminal conviction.
 
6    (225 ILCS 407/20-15)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 20-15. Disciplinary actions; grounds. The Department
9may refuse to issue or renew a license, may place on probation
10or administrative supervision, suspend, or revoke any license
11or may reprimand or take other disciplinary or non-disciplinary
12action as the Department may deem proper, including the
13imposition of fines not to exceed $10,000 for each violation
14upon anyone licensed under this Act for any of the following
15reasons:
16        (1) False or fraudulent representation or material
17    misstatement in furnishing information to the Department
18    in obtaining or seeking to obtain a license.
19        (2) Violation of any provision of this Act or the rules
20    promulgated pursuant to this Act.
21        (3) For licensees, conviction Conviction of or entry of
22    a plea of guilty or nolo contendere to any crime that is a
23    felony under the laws of the United States or any state or
24    territory thereof, or that is a misdemeanor, an essential
25    element of which is dishonesty, or any crime that is

 

 

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1    directly related to the practice of the profession. For
2    applicants, the provisions of Section 20-11 apply.
3        (4) Being adjudged to be a person under legal
4    disability or subject to involuntary admission or to meet
5    the standard for judicial admission as provided in the
6    Mental Health and Developmental Disabilities Code.
7        (5) Discipline of a licensee by another state, the
8    District of Columbia, a territory of the United States, a
9    foreign nation, a governmental agency, or any other entity
10    authorized to impose discipline if at least one of the
11    grounds for that discipline is the same as or the
12    equivalent to one of the grounds for discipline set forth
13    in this Act or for failing to report to the Department,
14    within 30 days, any adverse final action taken against the
15    licensee by any other licensing jurisdiction, government
16    agency, law enforcement agency, or court, or liability for
17    conduct that would constitute grounds for action as set
18    forth in this Act.
19        (6) Engaging in the practice of auctioneering,
20    conducting an auction, or providing an auction service
21    without a license or after the license was expired,
22    revoked, suspended, or terminated or while the license was
23    inoperative.
24        (7) Attempting to subvert or cheat on the auctioneer
25    exam or any continuing education exam, or aiding or
26    abetting another to do the same.

 

 

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1        (8) Directly or indirectly giving to or receiving from
2    a person, firm, corporation, partnership, or association a
3    fee, commission, rebate, or other form of compensation for
4    professional service not actually or personally rendered,
5    except that an auctioneer licensed under this Act may
6    receive a fee from another licensed auctioneer from this
7    State or jurisdiction for the referring of a client or
8    prospect for auction services to the licensed auctioneer.
9        (9) Making any substantial misrepresentation or
10    untruthful advertising.
11        (10) Making any false promises of a character likely to
12    influence, persuade, or induce.
13        (11) Pursuing a continued and flagrant course of
14    misrepresentation or the making of false promises through a
15    licensee, agent, employee, advertising, or otherwise.
16        (12) Any misleading or untruthful advertising, or
17    using any trade name or insignia of membership in any
18    auctioneer association or organization of which the
19    licensee is not a member.
20        (13) Commingling funds of others with his or her own
21    funds or failing to keep the funds of others in an escrow
22    or trustee account.
23        (14) Failure to account for, remit, or return any
24    moneys, property, or documents coming into his or her
25    possession that belong to others, acquired through the
26    practice of auctioneering, conducting an auction, or

 

 

10000SB2053sam001- 150 -LRB100 08715 SMS 23371 a

1    providing an auction service within 30 days of the written
2    request from the owner of said moneys, property, or
3    documents.
4        (15) Failure to maintain and deposit into a special
5    account, separate and apart from any personal or other
6    business accounts, all moneys belonging to others
7    entrusted to a licensee while acting as an auctioneer,
8    associate auctioneer, auction firm, or as a temporary
9    custodian of the funds of others.
10        (16) Failure to make available to Department personnel
11    during normal business hours all escrow and trustee records
12    and related documents maintained in connection with the
13    practice of auctioneering, conducting an auction, or
14    providing an auction service within 24 hours after a
15    request from Department personnel.
16        (17) Making or filing false records or reports in his
17    or her practice, including but not limited to false records
18    or reports filed with State agencies.
19        (18) Failing to voluntarily furnish copies of all
20    written instruments prepared by the auctioneer and signed
21    by all parties to all parties at the time of execution.
22        (19) Failing to provide information within 30 days in
23    response to a written request made by the Department.
24        (20) Engaging in any act that constitutes a violation
25    of Section 2-102, 3-103, or 3-105 of the Illinois Human
26    Rights Act.

 

 

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1        (21) (Blank).
2        (22) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public.
5        (23) Offering or advertising real estate for sale or
6    lease at auction without a valid broker or managing
7    broker's license under the Real Estate License Act of 1983,
8    or any successor Act, unless exempt from licensure under
9    the terms of the Real Estate License Act of 2000, or any
10    successor Act, except as provided for in Section 5-32 of
11    the Real Estate License Act of 2000.
12        (24) Inability to practice the profession with
13    reasonable judgment, skill, or safety as a result of a
14    physical illness, including, but not limited to,
15    deterioration through the aging process or loss of motor
16    skill, or a mental illness or disability.
17        (25) A pattern of practice or other behavior that
18    demonstrates incapacity or incompetence to practice under
19    this Act.
20        (26) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act and upon
23    proof by clear and convincing evidence that the licensee
24    has caused a child to be an abused child or a neglected
25    child as defined in the Abused and Neglected Child
26    Reporting Act.

 

 

10000SB2053sam001- 152 -LRB100 08715 SMS 23371 a

1        (27) Inability to practice with reasonable judgment,
2    skill, or safety as a result of habitual or excessive use
3    or addiction to alcohol, narcotics, stimulants, or any
4    other chemical agent or drug.
5        (28) Wilfully failing to report an instance of
6    suspected child abuse or neglect as required by the Abused
7    and Neglected Child Reporting Act.
8    The entry of an order by a circuit court establishing that
9any person holding a license under this Act is subject to
10involuntary admission or judicial admission, as provided for in
11the Mental Health and Developmental Disabilities Code,
12operates as an automatic suspension of that license. That
13person may have his or her license restored only upon the
14determination by a circuit court that the patient is no longer
15subject to involuntary admission or judicial admission and the
16issuance of an order so finding and discharging the patient and
17upon the Board's recommendation to the Department that the
18license be restored. Where circumstances so indicate, the Board
19may recommend to the Department that it require an examination
20prior to restoring a suspended license.
21    If the Department or Board finds an individual unable to
22practice because of the reasons set forth in this Section, the
23Department or Board may require that individual to submit to
24care, counseling, or treatment by physicians approved or
25designated by the Department or Board, as a condition, term, or
26restriction for continued, reinstated, or renewed licensure to

 

 

10000SB2053sam001- 153 -LRB100 08715 SMS 23371 a

1practice; or, in lieu of care, counseling, or treatment, the
2Department may file, or the Board may recommend to the
3Department to file, a complaint to immediately suspend, revoke,
4or otherwise discipline the license of the individual. An
5individual whose license was granted, continued, reinstated,
6renewed, disciplined or supervised subject to such terms,
7conditions, or restrictions, and who fails to comply with such
8terms, conditions, or restrictions, shall be referred to the
9Secretary for a determination as to whether the individual
10shall have his or her license suspended immediately, pending a
11hearing by the Department. In instances in which the Secretary
12immediately suspends a person's license under this Section, a
13hearing on that person's license must be convened by the
14Department within 21 days after the suspension and completed
15without appreciable delay. The Department and Board shall have
16the authority to review the subject individual's record of
17treatment and counseling regarding the impairment to the extent
18permitted by applicable federal statutes and regulations
19safeguarding the confidentiality of medical records.
20    An individual licensed under this Act and affected under
21this Section shall be afforded an opportunity to demonstrate to
22the Department or Board that he or she can resume practice in
23compliance with acceptable and prevailing standards under the
24provisions of his or her license.
25    In enforcing this Section, the Department or Board, upon a
26showing of a possible violation, may compel an individual

 

 

10000SB2053sam001- 154 -LRB100 08715 SMS 23371 a

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 physicians 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. Failure of an
14individual to submit to a mental or physical examination when
15directed shall be grounds for suspension of his or her license
16until the individual submits to the examination, if the
17Department finds that, after notice and hearing, the refusal to
18submit to the examination was without reasonable cause.
19(Source: P.A. 98-553, eff. 1-1-14.)
 
20    Section 90. The Electrologist Licensing Act is amended by
21changing Section 75 and by adding Section 76 as follows:
 
22    (225 ILCS 412/75)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 75. Grounds for discipline.

 

 

10000SB2053sam001- 155 -LRB100 08715 SMS 23371 a

1    (a) The Department may refuse to issue or renew and may
2revoke or suspend a license under this Act, and may place on
3probation, reprimand, or take other disciplinary or
4non-disciplinary action with regard to any licensee under this
5Act, as the Department may consider appropriate, including
6imposing fines not to exceed $10,000 for each violation and
7assess costs as provided for under Section 95 of this Act, for
8one or any combination of the following causes:
9        (1) Material misstatement in furnishing information to
10    the Department.
11        (2) Violation of this Act or rules adopted under this
12    Act.
13        (3) For licensees, conviction Conviction by plea of
14    guilty or nolo contendere, finding of guilt, jury verdict,
15    or entry of judgment or sentencing, including, but not
16    limited to, convictions, preceding sentences of
17    supervision, conditional discharge, or first offender
18    probation, under the laws of any jurisdiction of the United
19    States that is (i) a felony or (ii) a misdemeanor, an
20    essential element of which is dishonesty, or that is
21    directly related to the practice of electrology. For
22    applicants, the provisions of Section 76 of this Act apply.
23        (4) Fraud or misrepresentation in applying for or
24    procuring a license under this Act, or in connection with
25    applying for renewal of a license under this Act.
26        (5) Aiding or assisting another person in violating any

 

 

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1    provision of this Act or its rules.
2        (6) Failing to provide information within 60 days in
3    response to a written request made by the Department.
4        (7) Engaging in dishonorable, unethical, or
5    unprofessional conduct of a character likely to deceive,
6    defraud, or harm the public.
7        (8) Habitual or excessive use or abuse of drugs defined
8    in law as controlled substances, alcohol, or any other
9    substance that results in an electrologist's inability to
10    practice with reasonable judgment, skill, or safety.
11        (9) Discipline by another governmental agency, unit of
12    government, U.S. jurisdiction, or foreign nation if at
13    least one of the grounds for discipline is the same as or
14    substantially equivalent to any of those set forth in this
15    Act.
16        (10) Directly or indirectly giving to or receiving from
17    any person, firm, corporation, partnership, or association
18    any fee, commission, rebate, or other form of compensation
19    for any professional services not actually or personally
20    rendered. Nothing in this paragraph (10) affects any bona
21    fide independent contractor or employment arrangements
22    among health care professionals, health facilities, health
23    care providers, or other entities, except as otherwise
24    prohibited by law. Any employment arrangements with health
25    care providers may include provisions for compensation,
26    health insurance, pension, or other employment benefits

 

 

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1    for the provision of services within the scope of the
2    licensee's practice under this Act. Nothing in this
3    paragraph (10) shall be construed to require an employment
4    arrangement to receive professional fees for services
5    rendered.
6        (11) A finding by the Department that the licensee,
7    after having his or her license placed on probationary
8    status, has violated the terms of probation.
9        (12) Abandonment of a patient.
10        (13) Willfully making or filing false records or
11    reports in the licensee's practice, including, but not
12    limited to, false records filed with State agencies or
13    departments.
14        (14) Mental or physical illness or disability,
15    including, but not limited to, deterioration through the
16    aging process or loss of motor skill that results in the
17    inability to practice the profession with reasonable
18    judgment, skill, or safety.
19        (15) Negligence in his or her practice under this Act.
20        (16) Use of fraud, deception, or any unlawful means in
21    applying for and securing a license as an electrologist.
22        (17) Immoral conduct in the commission of any act, such
23    as sexual abuse, sexual misconduct, or sexual
24    exploitation, related to the licensee's practice.
25        (18) Failure to comply with standards of sterilization
26    and sanitation as defined in the rules of the Department.

 

 

10000SB2053sam001- 158 -LRB100 08715 SMS 23371 a

1        (19) Charging for professional services not rendered,
2    including filing false statements for the collection of
3    fees for which services are not rendered.
4        (20) Allowing one's license under this Act to be used
5    by an unlicensed person in violation of this Act.
6    (b) The Department may refuse to issue or renew or may
7suspend without hearing the license of any person who fails to
8file a return, to pay the tax, penalty or interest shown in a
9filed return, or to pay any final assessment of the tax,
10penalty, or interest as required by any tax Act administered by
11the Illinois Department of Revenue until 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    (c) The determination by a circuit court that a licensee is
16subject to involuntary admission or judicial admission as
17provided in the Mental Health and Developmental Disabilities
18Code operates as an automatic suspension. The suspension will
19end only upon a finding by a court that the patient is no
20longer subject to involuntary admission or judicial admission,
21the issuance of an order so finding and discharging the
22patient, and the filing of a petition for restoration
23demonstrating fitness to practice.
24    (d) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any individual who
26is licensed to practice under this Act or any individual who

 

 

10000SB2053sam001- 159 -LRB100 08715 SMS 23371 a

1has applied for licensure to submit to a mental or physical
2examination and evaluation, or both, that may include a
3substance abuse or sexual offender evaluation, at the expense
4of the Department. The Department shall specifically designate
5the examining physician licensed to practice medicine in all of
6its branches or, if applicable, the multidisciplinary team
7involved in providing the mental or physical examination and
8evaluation, or both. The multidisciplinary team shall be led by
9a physician licensed to practice medicine in all of its
10branches and may consist of one or more or a combination of
11physicians licensed to practice medicine in all of its
12branches, licensed chiropractic physicians, licensed clinical
13psychologists, licensed clinical social workers, licensed
14clinical professional counselors, and other professional and
15administrative staff. Any examining physician or member of the
16multidisciplinary team may require any person ordered to submit
17to an examination and evaluation pursuant to this Section to
18submit to any additional supplemental testing deemed necessary
19to complete any examination or evaluation process, including,
20but not limited to, blood testing, urinalysis, psychological
21testing, or neuropsychological testing.
22    The Department may order the examining physician or any
23member of the multidisciplinary team to provide to the
24Department any and all records, including business records,
25that relate to the examination and evaluation, including any
26supplemental testing performed. The Department may order the

 

 

10000SB2053sam001- 160 -LRB100 08715 SMS 23371 a

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

 

 

10000SB2053sam001- 161 -LRB100 08715 SMS 23371 a

1condition for continued, reinstated, or renewed licensure to
2practice.
3    When the Secretary immediately suspends a license under
4this Section, a hearing upon the person's license must be
5convened by the Department within 15 days after the suspension
6and completed without appreciable delay. The Department shall
7have the authority to review the licensee's record of treatment
8and counseling regarding the impairment to the extent permitted
9by applicable federal statutes and regulations safeguarding
10the confidentiality of medical records.
11    Individuals licensed under this Act affected under this
12Section shall be afforded an opportunity to demonstrate to the
13Department that they can resume practice in compliance with
14acceptable and prevailing standards under the provisions of
15their license.
16    (e) The Department shall deny a license or renewal
17authorized by this Act to a person who has defaulted on an
18educational loan or scholarship provided or guaranteed by the
19Illinois Student Assistance Commission or any governmental
20agency of this State in accordance with item (5) of subsection
21(a) of Section 2105-15 of the Department of Professional
22Regulation Law of the Civil Administrative Code of Illinois.
23    (f) 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

 

 

10000SB2053sam001- 162 -LRB100 08715 SMS 23371 a

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 Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9    (g) All fines or costs imposed under this Section shall be
10paid within 60 days after the effective date of the order
11imposing the fine or costs or in accordance with the terms set
12forth in the order imposing the fine.
13(Source: P.A. 98-363, eff. 8-16-13.)
 
14    (225 ILCS 412/76 new)
15    Sec. 76. Applicant convictions.
16    (a) The Department shall not require the applicant to
17report the following information and shall not consider the
18following criminal history records in connection with an
19application for licensure:
20        (1) Juvenile adjudications of delinquent minors as
21    defined in Section 5-105 of the Juvenile Court Act of 1987,
22    subject to the restrictions set forth in Section 5-130 of
23    the Juvenile Court Act of 1987.
24        (2) Law enforcement records, court records, and
25    conviction records of an individual who was 17 years old at

 

 

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1    the time of the offense and before January 1, 2014, unless
2    the nature of the offense required the individual to be
3    tried as an adult.
4        (3) Records of arrest not followed by a charge or
5    conviction.
6        (4) Records of arrest where charges were dismissed
7    unless related to the practice of the profession. However,
8    applicants shall not be asked to report any arrests, and
9    any arrest not followed by a conviction shall not be the
10    basis of a denial and may be used only to assess an
11    applicant's rehabilitation.
12        (5) Convictions overturned by a higher court.
13        (6) Convictions or arrests that have been sealed or
14    expunged.
15    (b) The Department, upon a finding that an applicant for a
16license was previously convicted of a felony by plea of guilty
17or nolo contendere, finding of guilt, jury verdict, or entry of
18judgment or by sentencing, shall consider any evidence of
19rehabilitation and mitigating factors contained in the
20applicant's record, including any of the following factors and
21evidence, to determine if the conviction will impair the
22ability of the applicant to engage in the position for which a
23license is sought:
24        (1) the lack of direct relation of the offense for
25    which the applicant was previously convicted to the duties,
26    functions, and responsibilities of the position for which a

 

 

10000SB2053sam001- 164 -LRB100 08715 SMS 23371 a

1    license is sought;
2        (2) whether 5 years since a felony conviction or 3
3    years since release from confinement for the conviction,
4    whichever is later, have passed without a subsequent
5    conviction;
6        (3) if the applicant was previously licensed or
7    employed in this State or other state or jurisdictions,
8    then the lack of prior misconduct arising from or related
9    to the licensed position or position of employment;
10        (4) the age of the person at the time of the criminal
11    offense;
12        (5) successful completion of sentence and, for
13    applicants serving a term of parole or probation, a
14    progress report provided by the applicant's probation or
15    parole officer that documents the applicant's compliance
16    with conditions of supervision;
17        (6) evidence of the applicant's present fitness and
18    professional character;
19        (7) evidence of rehabilitation or rehabilitative
20    effort during or after incarceration, or during or after a
21    term of supervision, including, but not limited to, a
22    certificate of good conduct under Section 5-5.5-25 of the
23    Unified Code of Corrections or a certificate of relief from
24    disabilities under Section 5-5.5-10 of the Unified Code of
25    Corrections; and
26        (8) any other mitigating factors that contribute to the

 

 

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1    person's potential and current ability to perform the
2    duties and responsibilities of the position for which a
3    license or employment is sought.
4    (c) If the Department refuses to issue a license to an
5applicant based, in whole or in part, upon a conviction or
6convictions, then the Department shall notify the applicant of
7the denial in writing with the following included in the notice
8of denial:
9        (1) a statement about the decision to refuse to issue a
10    license;
11        (2) a list of the convictions that the Department
12    determined will impair the applicant's ability to engage in
13    the position for which a license is sought;
14        (3) a list of convictions that formed the sole or
15    partial basis for the refusal to issue a license; and
16        (4) a summary of the appeal process or the earliest the
17    applicant may reapply for a license, whichever is
18    applicable.
19    (d) No later than May 1 of each year, the Department must
20prepare, publicly announce, and publish a report of summary
21statistical information relating to new license applications
22during the preceding calendar year. Each report shall show, at
23a minimum:
24        (1) the number of applicants for a new license under
25    this Act within the previous calendar year;
26        (2) the number of applicants for a new license under

 

 

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1    this Act within the previous calendar year who had any
2    criminal conviction;
3        (3) the number of applicants for a new license under
4    this Act in the previous calendar year who were granted a
5    license;
6        (4) the number of applicants for a new license with a
7    criminal conviction who were granted a license under this
8    Act within the previous calendar year;
9        (5) the number of applicants for a new license under
10    this Act within the previous calendar year who were denied
11    a license;
12        (6) the number of applicants for a new license with a
13    criminal conviction who were denied a license under this
14    Act in the previous calendar year in part or in whole
15    because of a prior conviction; and
16        (7) the number of licenses issued on probation under
17    this Act in the previous calendar year to applicants with a
18    criminal conviction.
 
19    Section 95. The Illinois Certified Shorthand Reporters Act
20of 1984 is amended by changing Sections 11 and 23 and by adding
21Section 11.1 as follows:
 
22    (225 ILCS 415/11)  (from Ch. 111, par. 6211)
23    (Section scheduled to be repealed on January 1, 2024)
24    Sec. 11. Qualifications; application. A person shall be

 

 

10000SB2053sam001- 167 -LRB100 08715 SMS 23371 a

1qualified for certification as a certified shorthand reporter
2if:
3    A. That person has applied in writing in form and substance
4to the Department; and
5        (1) (Blank);
6        (2) Is of good moral character, the determination of
7    which, when based on a prior felony conviction, shall be
8    made in accordance with Section 11.1 of this Act shall take
9    into account but not be totally based upon any felony
10    conviction of the applicant; and
11        (3) Has graduated from a high school or secondary
12    school or its equivalent; and
13    B. That person has successfully completed the examination
14authorized by the Department.
15(Source: P.A. 98-445, eff. 12-31-13.)
 
16    (225 ILCS 415/11.1 new)
17    Sec. 11.1. Applicant convictions.
18    (a) The Department shall not require the applicant to
19report the following information and shall not consider the
20following criminal history records in connection with an
21application for a license under this Act:
22        (1) Juvenile adjudications of delinquent minors as
23    defined in Section 5-105 of the Juvenile Court Act of 1987,
24    subject to the restrictions set forth in Section 5-130 of
25    the Juvenile Court Act of 1987.

 

 

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1        (2) Law enforcement records, court records, and
2    conviction records of an individual who was 17 years old at
3    the time of the offense and before January 1, 2014, unless
4    the nature of the offense required the individual to be
5    tried as an adult.
6        (3) Records of arrest not followed by a charge or
7    conviction.
8        (4) Records of arrest where charges were dismissed
9    unless related to the practice of the profession. However,
10    applicants shall not be asked to report any arrests, and
11    any arrest not followed by a conviction shall not be the
12    basis of a denial and may be used only to assess an
13    applicant's rehabilitation.
14        (5) Convictions overturned by a higher court.
15        (6) Convictions or arrests that have been sealed or
16    expunged.
17    (b) No applicant for license under this Act shall be denied
18a license based on a finding of a lack of "good moral
19character" when a finding is based on the fact that an
20applicant was previously convicted of a criminal offense or
21offenses. The Department, upon a finding that an applicant for
22a license was previously convicted of any felony or a
23misdemeanor directly related to the practice of the profession,
24shall consider any evidence of rehabilitation and mitigating
25factors contained in the applicant's record, including any of
26the following factors and evidence, to determine if the

 

 

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1conviction will impair the ability of the applicant to engage
2in the position for which a license is sought:
3        (1) the lack of direct relation of the offense for
4    which the applicant was previously convicted to the duties,
5    functions, and responsibilities of the position for which a
6    license is sought;
7        (2) whether 5 years since a felony conviction or 3
8    years since release from confinement for the conviction,
9    whichever is later, have passed without a subsequent
10    conviction;
11        (3) if the applicant was previously licensed or
12    employed in this State or other state or jurisdictions,
13    then the lack of prior misconduct arising from or related
14    to the licensed position or position of employment;
15        (4) the age of the person at the time of the criminal
16    offense;
17        (5) successful completion of sentence or for
18    applicants serving a term of parole or probation, a
19    progress report provided by the applicant's probation or
20    parole officer that documents the applicant's compliance
21    with conditions of supervision;
22        (6) evidence of the applicant's present fitness and
23    professional character;
24        (7) evidence of rehabilitation or rehabilitative
25    effort during or after incarceration, or during or after a
26    term of supervision, including, but not limited to, a

 

 

10000SB2053sam001- 170 -LRB100 08715 SMS 23371 a

1    certificate of good conduct under Section 5-5.5-25 of the
2    Unified Code of Corrections or a certificate of relief from
3    disabilities under Section 5-5.5-10 of the Unified Code of
4    Corrections; and
5        (8) any other mitigating factors that contribute to the
6    person's potential and current ability to perform the
7    duties and responsibilities of the position for which a
8    license or employment is sought.
9    (c) If the Department refuses to issue a license to an
10applicant based, in whole or in part, upon a conviction or
11convictions, then the Department shall notify the applicant of
12the denial in writing with the following included in the notice
13of denial:
14        (1) a statement about the decision to refuse to issue a
15    license;
16        (2) a list of the convictions that the Department
17    determined will impair the applicant's ability to engage in
18    the position for which a license is sought;
19        (3) a list of convictions that formed the sole or
20    partial basis for the refusal to issue a license; and
21        (4) a summary of the appeal process or the earliest the
22    applicant may reapply for a license, whichever is
23    applicable.
24    (d) No later than May 1 of each year, the Department must
25prepare, publicly announce, and publish a report of summary
26statistical information relating to new license applications

 

 

10000SB2053sam001- 171 -LRB100 08715 SMS 23371 a

1during the preceding calendar year. Each report shall show, at
2a minimum:
3        (1) the number of applicants for a new license under
4    this Act within the previous calendar year;
5        (2) the number of applicants for a new license under
6    this Act within the previous calendar year who had any
7    criminal conviction;
8        (3) the number of applicants for a new license under
9    this Act in the previous calendar year who were granted a
10    license;
11        (4) the number of applicants for a new license with a
12    criminal conviction who were granted a license under this
13    Act within the previous calendar year;
14        (5) the number of applicants for a new license under
15    this Act within the previous calendar year who were denied
16    a license;
17        (6) the number of applicants for a new license with a
18    criminal conviction who were denied a license under this
19    Act in the previous calendar year in part or in whole
20    because of a prior conviction; and
21        (7) the number of licenses issued on probation under
22    this Act in the previous calendar year to applicants with a
23    criminal conviction.
 
24    (225 ILCS 415/23)  (from Ch. 111, par. 6223)
25    (Section scheduled to be repealed on January 1, 2024)

 

 

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1    Sec. 23. Grounds for disciplinary action.
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$10,000 for each violation and the assessment of costs as
7provided for in Section 23.3 of this Act, with regard to any
8license for any one or combination of the following:
9        (1) Material misstatement in furnishing information to
10    the Department;
11        (2) Violations of this Act, or of the rules promulgated
12    thereunder;
13        (3) For licensees, conviction Conviction by plea of
14    guilty or nolo contendere, finding of guilt, jury verdict,
15    or entry of judgment or by sentencing of any crime,
16    including, but not limited to, convictions, preceding
17    sentences of supervision, conditional discharge, or first
18    offender probation under the laws of any jurisdiction of
19    the United States: (i) that is a felony or (ii) that is a
20    misdemeanor, an essential element of which is dishonesty,
21    or that is directly related to the practice of the
22    profession; for applicants, the provisions of Section 11.1
23    apply;
24        (4) 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        (5) Professional incompetence;
2        (6) Aiding or assisting another person, firm,
3    partnership or corporation in violating any provision of
4    this Act or rules;
5        (7) Failing, within 60 days, to provide information 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;
10        (9) Habitual or excessive use or abuse of drugs defined
11    in law as controlled substances, alcohol, or any other
12    substances that results in the inability to practice with
13    reasonable judgment, skill, or safety;
14        (10) Discipline by another state, unit of government,
15    government agency, the District of Columbia, a territory,
16    or 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        (11) Charging for professional services not rendered,
20    including filing false statements for the collection of
21    fees for which services were not rendered, or giving,
22    directly or indirectly, any gift or anything of value to
23    attorneys or their staff or any other persons or entities
24    associated with any litigation, that exceeds $100 total per
25    year; for the purposes of this Section, pro bono services,
26    as defined by State law, are permissible in any amount;

 

 

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1        (12) A finding by the Board that the certificate
2    holder, after having his certificate placed on
3    probationary status, has violated the terms of probation;
4        (13) Willfully making or filing false records or
5    reports in the practice of shorthand reporting, including
6    but not limited to false records filed with State agencies
7    or departments;
8        (14) Physical illness, including but not limited to,
9    deterioration through the aging process, or loss of motor
10    skill which results in the inability to practice under this
11    Act with reasonable judgment, skill or safety;
12        (15) Solicitation of professional services other than
13    by permitted advertising;
14        (16) Willful failure to take full and accurate
15    stenographic notes of any proceeding;
16        (17) Willful alteration of any stenographic notes
17    taken at any proceeding;
18        (18) Willful failure to accurately transcribe verbatim
19    any stenographic notes taken at any proceeding;
20        (19) Willful alteration of a transcript of
21    stenographic notes taken at any proceeding;
22        (20) Affixing one's signature to any transcript of his
23    stenographic notes or certifying to its correctness unless
24    the transcript has been prepared by him or under his
25    immediate supervision;
26        (21) Willful failure to systematically retain

 

 

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1    stenographic notes or transcripts on paper or any
2    electronic media for 10 years from the date that the notes
3    or transcripts were taken;
4        (22) Failure to deliver transcripts in a timely manner
5    or in accordance with contractual agreements;
6        (23) Establishing contingent fees as a basis of
7    compensation;
8        (24) Mental illness or disability that results in the
9    inability to practice under this Act with reasonable
10    judgment, skill, or safety;
11        (25) Practicing under a false or assumed name, except
12    as provided by law;
13        (26) Cheating on or attempting to subvert the licensing
14    examination administered under this Act;
15        (27) Allowing one's license under this Act to be used
16    by an unlicensed person in violation of this Act.
17    All fines imposed under this Section shall be paid within
1860 days after the effective date of the order imposing the fine
19or in accordance with the terms set forth in the order imposing
20the fine.
21    (b) The determination by a circuit court that a certificate
22holder is subject to involuntary admission or judicial
23admission as provided in the Mental Health and Developmental
24Disabilities Code, operates as an automatic suspension. Such
25suspension will end only upon a finding by a court that the
26patient is no longer subject to involuntary admission or

 

 

10000SB2053sam001- 176 -LRB100 08715 SMS 23371 a

1judicial admission, an order by the court so finding and
2discharging the patient. In any case where a license is
3suspended under this Section, the licensee may file a petition
4for restoration and shall include evidence acceptable to the
5Department that the licensee can resume practice in compliance
6with acceptable and prevailing standards of the profession.
7    (c) In cases where the Department of Healthcare and Family
8Services has previously determined a licensee or a potential
9licensee is more than 30 days delinquent in the payment of
10child support and has subsequently certified the delinquency to
11the Department, the Department may refuse to issue or renew or
12may revoke or suspend that person's license or may take other
13disciplinary action against that person based solely upon the
14certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with item (5) of
16subsection (a) of Section 2105-15 of the Civil Administrative
17Code of Illinois.
18    (d) In enforcing this Section, the Department, upon a
19showing of a possible violation, may compel any individual who
20is certified under this Act or any individual who has applied
21for certification under this Act to submit to a mental or
22physical examination and evaluation, or both, which may include
23a substance abuse or sexual offender evaluation, 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,
19that relate 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 this examination and
23evaluation of the certified shorthand reporter or applicant,
24including testimony concerning any supplemental testing or
25documents relating to the examination and evaluation. No
26information, report, record, or other documents in any way

 

 

10000SB2053sam001- 178 -LRB100 08715 SMS 23371 a

1related to the examination and evaluation shall be excluded by
2reason of any common law or statutory privilege relating to
3communication between the licensee or applicant and the
4examining physician or any member of the multidisciplinary
5team. No authorization is necessary from the certified
6shorthand reporter or applicant ordered to undergo an
7evaluation and examination for the examining physician or any
8member of the multidisciplinary team to provide information,
9reports, records, or other documents or to provide any
10testimony regarding the examination and evaluation. The
11individual to be examined may have, at his or her own expense,
12another physician of his or her choice present during all
13aspects 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 certified shorthand reporter unable to
19practice because of the reasons set forth in this Section, the
20Department shall require the certified shorthand reporter to
21submit to care, counseling, or treatment by physicians approved
22or designated by the Department, as a condition for continued,
23reinstated, or renewed certification.
24    When the Secretary immediately suspends a certificate
25under this Section, a hearing upon the person's certificate
26must be convened by the Department within 15 days after the

 

 

10000SB2053sam001- 179 -LRB100 08715 SMS 23371 a

1suspension and completed without appreciable delay. The
2Department shall have the authority to review the certified
3shorthand reporter's record of treatment and counseling
4regarding the impairment, to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    Individuals certified under this Act, affected under this
8Section, shall be afforded an opportunity to demonstrate to the
9Department that they can resume practice in compliance with
10acceptable and prevailing standards under the provisions of
11their certification.
12    (e) The Department shall deny a license or renewal
13authorized by this Act to a person who has defaulted on an
14educational loan or scholarship provided or guaranteed by the
15Illinois Student Assistance Commission or any governmental
16agency of this State in accordance with item (5) of subsection
17(a) of Section 2105-15 of the Civil Administrative Code of
18Illinois.
19    (f) 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, 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
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied in accordance

 

 

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1with subsection (g) of Section 2105-15 of the Civil
2Administrative Code of Illinois.
3(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
 
4    Section 100. The Collateral Recovery Act is amended by
5changing Sections 40, 45, 80, and 85 as follows:
 
6    (225 ILCS 422/40)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 40. Qualifications for recovery manager;
9identification card.
10    (a) An applicant is qualified for licensure as a recovery
11manager if that person meets all of the following requirements:
12        (1) Is 21 years of age or older.
13        (2) If convicted of any felony and less than 7 years
14    have passed from the time of discharge from the sentence
15    imposed, then a finding by the Commission that the
16    conviction will not impair the applicant's ability to
17    engage in the position requiring a license. Has not been
18    convicted in any jurisdiction of any felony or at least 10
19    years has passed from the time of discharge from any
20    sentence imposed for a felony.
21        (3) Has completed no less than 2,500 hours of actual
22    compensated collateral recovery work as an employee of a
23    repossession agency, a financial institution, or a vehicle
24    dealer within the 5 years immediately preceding the filing

 

 

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1    of an application, acceptable proof of which must be
2    submitted to the Commission.
3        (4) Has submitted to the Commission 2 sets of
4    fingerprints, which shall be checked against the
5    fingerprint records on file with the Illinois State Police
6    and the Federal Bureau of Investigation in the manner set
7    forth in Section 60 of this Act.
8        (5) Has successfully completed a certification program
9    approved by the Commission.
10        (6) Has paid the required application fees.
11    (b) Upon the issuance of a recovery manager license, the
12Commission shall issue the license holder a suitable pocket
13identification card that shall include a photograph of the
14license holder. The identification card must contain the name
15of the license holder and any other information required by the
16Commission. An applicant who is 21 years of age or older
17seeking a religious exemption to the photograph requirement of
18this subsection shall furnish with his or her application an
19approved copy of United States Department of the Treasury
20Internal Revenue Service Form 4029.
21    (c) A recovery manager license is not transferable.
22(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
 
23    (225 ILCS 422/45)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 45. Repossession agency employee requirements.

 

 

10000SB2053sam001- 182 -LRB100 08715 SMS 23371 a

1    (a) All employees of a licensed repossession agency whose
2duties include the actual repossession of collateral must apply
3for a recovery permit. The holder of a repossession agency
4license issued under this Act, known in this Section as the
5"employer", may employ in the conduct of the business under the
6following provisions:
7        (1) No person may be issued a recovery permit who meets
8    any of the following criteria:
9            (A) Is younger than 21 years of age.
10            (B) Has been determined by the Commission to be
11        unfit by reason of conviction of an offense in this or
12        another state, other than a minor traffic offense, that
13        the Commission determines will impair the ability of
14        the person to engage in the position for which a permit
15        is sought. The Commission shall adopt rules for making
16        those determinations.
17            (C) Has had a license or recovery permit denied,
18        suspended, or revoked under this Act.
19            (D) Has not successfully completed a certification
20        program approved by the Commission.
21        (2) No person may be employed by a repossession agency
22    under this Section until he or she has executed and
23    furnished to the Commission, on forms furnished by the
24    Commission, a verified statement to be known as an
25    "Employee's Statement" setting forth all of the following:
26            (A) The person's full name, age, and residence

 

 

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1        address.
2            (B) The business or occupation engaged in for the 5
3        years immediately before the date of the execution of
4        the statement, the place where the business or
5        occupation was engaged in, and the names of the
6        employers, if any.
7            (C) That the person has not had a license or
8        recovery permit denied, revoked, or suspended under
9        this Act.
10            (D) Any conviction of a felony, except as provided
11        for in Section 85.
12            (E) Any other information as may be required by any
13        rule of the Commission to show the good character,
14        competency, and integrity of the person executing the
15        statement.
16    (b) Each applicant for a recovery permit shall have his or
17her fingerprints submitted to the Commission by a Live Scan
18fingerprint vendor certified by the Illinois State Police under
19the Private Detective, Private Alarm, Private Security,
20Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
21format that complies with the form and manner for requesting
22and furnishing criminal history record information as
23prescribed by the Illinois State Police. These fingerprints
24shall be checked against the Illinois State Police and Federal
25Bureau of Investigation criminal history record databases now
26and hereafter filed. The Commission shall charge applicants a

 

 

10000SB2053sam001- 184 -LRB100 08715 SMS 23371 a

1fee for conducting the criminal history records check, which
2shall not exceed the actual cost of the records check. The
3Illinois Commerce Commission Police shall furnish, pursuant to
4positive identification, records of Illinois convictions to
5the Commission. The Commission, in its discretion, may allow an
6applicant who does not have reasonable access to a designated
7vendor to provide his or her fingerprints in an alternative
8manner. The Commission, in its discretion, may also use other
9procedures in performing or obtaining criminal history records
10checks of applicants. Instead of submitting his or her
11fingerprints, an individual may submit proof that is
12satisfactory to the Commission that an equivalent security
13clearance has been conducted.
14    (c) Qualified applicants shall purchase a recovery permit
15from the Commission and in a form that the Commission
16prescribes. The Commission shall notify the submitting person
17within 10 days after receipt of the application of its intent
18to issue or deny the recovery permit. The holder of a recovery
19permit shall carry the recovery permit at all times while
20actually engaged in the performance of the duties of his or her
21employment. No recovery permit shall be effective unless
22accompanied by a license issued by the Commission. Expiration
23and requirements for renewal of recovery permits shall be
24established by rule of the Commission. Possession of a recovery
25permit does not in any way imply that the holder of the
26recovery permit is employed by any agency unless the recovery

 

 

10000SB2053sam001- 185 -LRB100 08715 SMS 23371 a

1permit is accompanied by the employee identification card
2required by subsection (e) of this Section.
3    (d) Each employer shall maintain a record of each employee
4that is accessible to the duly authorized representatives of
5the Commission. The record shall contain all of the following
6information:
7        (1) A photograph taken within 10 days after the date
8    that the employee begins employment with the employer. The
9    photograph shall be replaced with a current photograph
10    every 3 calendar years.
11        (2) The Employee's Statement specified in paragraph
12    (2) of subsection (a) of this Section.
13        (3) All correspondence or documents relating to the
14    character and integrity of the employee received by the
15    employer from any official source or law enforcement
16    agency.
17        (4) In the case of former employees, the employee
18    identification card of that person issued under subsection
19    (e) of this Section.
20    (e) Every employer shall furnish an employee
21identification card to each of his or her employees. This
22subsection (e) shall not apply to office or clerical personnel.
23This employee identification card shall contain a recent
24photograph of the employee, the employee's name, the name and
25agency license number of the employer, the employee's personal
26description, the signature of the employer, the signature of

 

 

10000SB2053sam001- 186 -LRB100 08715 SMS 23371 a

1that employee, the date of issuance, and an employee
2identification card number.
3    (f) No employer may issue an employee identification card
4to any person who is not employed by the employer in accordance
5with this Section or falsely state or represent that a person
6is or has been in his or her employ. It is unlawful for an
7applicant for registration to file with the Commission the
8fingerprints of a person other than himself or herself or to
9fail to exercise due diligence in resubmitting replacement
10fingerprints for those employees who have had original
11fingerprint submissions returned as unclassifiable. An agency
12shall inform the Commission within 15 days after contracting or
13employing a licensed repossession agency employee. The
14Commission shall develop a registration process by rule.
15    (g) Every employer shall obtain the identification card of
16every employee who terminates employment with the employer. An
17employer shall immediately report an identification card that
18is lost or stolen to the local police department having
19jurisdiction over the repossession agency location.
20    (h) No agency may employ any person to perform any activity
21under this Act unless the person possesses a valid license or
22recovery permit under this Act.
23    (i) If information is discovered affecting the
24registration of a person whose fingerprints were submitted
25under this Section, then the Commission shall so notify the
26agency that submitted the fingerprints on behalf of that

 

 

10000SB2053sam001- 187 -LRB100 08715 SMS 23371 a

1person.
2    (j) A person employed under this Section shall have 15
3business days within which to notify the Commission of any
4change in employer, but may continue working under any other
5recovery permits granted as an employee or independent
6contractor.
7    (k) This Section applies only to those employees of
8licensed repossession agencies whose duties include actual
9repossession of collateral.
10    (l) An applicant who is 21 years of age or older seeking a
11religious exemption to the photograph requirement of this
12Section shall furnish with his or her application an approved
13copy of United States Department of the Treasury Internal
14Revenue Service Form 4029. Regardless of age, an applicant
15seeking a religious exemption to this photograph requirement
16shall submit fingerprints in a form and manner prescribed by
17the Commission with his or her application in lieu of a
18photograph.
19(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
 
20    (225 ILCS 422/80)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 80. Refusal, revocation, or suspension.
23    (a) The Commission may refuse to issue or renew or may
24revoke any license or recovery permit or may suspend, place on
25probation, fine, or take any disciplinary action that the

 

 

10000SB2053sam001- 188 -LRB100 08715 SMS 23371 a

1Commission may deem proper, including fines not to exceed
2$2,500 for each violation, with regard to any license holder or
3recovery permit holder for one or any combination of the
4following causes:
5        (1) Knowingly making any misrepresentation for the
6    purpose of obtaining a license or recovery permit.
7        (2) Violations of this Act or its rules.
8        (3) For licensees or permit holders, conviction
9    Conviction of any crime under the laws of the United States
10    or any state or territory thereof that is (i) a felony,
11    (ii) a misdemeanor, an essential element of which is
12    dishonesty, or (iii) a crime that is related to the
13    practice of the profession. For license or permit
14    applicants, the provisions of Section 85 of this Act apply.
15        (4) Aiding or abetting another in violating any
16    provision of this Act or its rules.
17        (5) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public as defined by rule.
20        (6) Violation of any court order from any State or
21    public agency engaged in the enforcement of payment of
22    child support arrearages or for noncompliance with certain
23    processes relating to paternity or support proceeding.
24        (7) Solicitation of professional services by using
25    false or misleading advertising.
26        (8) A finding that the license or recovery permit was

 

 

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1    obtained by fraudulent means.
2        (9) Practicing or attempting to practice under a name
3    other than the full name shown on the license or recovery
4    permit or any other legally authorized name.
5    (b) The Commission may refuse to issue or may suspend the
6license or recovery permit of any person or entity who fails to
7file a return, pay the tax, penalty, or interest shown in a
8filed return, or pay any final assessment of tax, penalty, or
9interest, as required by any tax Act administered by the
10Department of Revenue, until the time the requirements of the
11tax Act are satisfied. The Commission may take into
12consideration any pending tax disputes properly filed with the
13Department of Revenue.
14(Source: P.A. 97-576, eff. 7-1-12.)
 
15    (225 ILCS 422/85)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 85. Consideration of past crimes.
18    (a) The Commission shall not require the applicant to
19report the following information and shall not consider the
20following criminal history records in connection with an
21application for a license or permit under this Act:
22        (1) Juvenile adjudications of delinquent minors as
23    defined in Section 5-105 of the Juvenile Court Act of 1987,
24    subject to the restrictions set forth in Section 5-130 of
25    the Juvenile Court Act of 1987.

 

 

10000SB2053sam001- 190 -LRB100 08715 SMS 23371 a

1        (2) Law enforcement records, court records, and
2    conviction records of an individual who was 17 years old at
3    the time of the offense and before January 1, 2014, unless
4    the nature of the offense required the individual to be
5    tried as an adult.
6        (3) Records of arrest not followed by a conviction.
7        (4) Convictions overturned by a higher court.
8        (5) Convictions or arrests that have been sealed or
9    expunged.
10    (b) When (a) Notwithstanding the prohibitions set forth in
11Sections 40 and 45 of this Act, when considering the denial of
12a license or recovery permit on the grounds of conviction of a
13crime, the Commission, in evaluating the rehabilitation of the
14applicant and the applicant's present eligibility for a license
15or recovery permit, shall consider each of the following
16criteria:
17        (1) The lack of direct relation of the offense for
18    which the applicant was previously convicted to the duties,
19    functions, and responsibilities of the position for which a
20    license is sought. The nature and severity of the act or
21    crime under consideration as grounds for denial.
22        (2) Circumstances relative to the offense, including
23    the applicant's age at the time that the offense was
24    committed.
25        (3) (2) Evidence of any act committed subsequent to the
26    act or crime under consideration as grounds for denial,

 

 

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1    which also could be considered as grounds for disciplinary
2    action under this Act.
3        (4) (3) The amount of time that has lapsed since the
4    commission of the act or crime referred to in item (1) or
5    (2) of this subsection (a).
6        (5) Successful completion of sentence or for
7    applicants serving a term of parole or probation, a
8    progress report provided by the applicant's probation or
9    parole officer that documents the applicant's compliance
10    with conditions of supervision. (4) The extent to which the
11    applicant has complied with any terms of parole, probation,
12    restitution, or any other sanctions lawfully imposed
13    against the applicant.
14        (6) If the applicant was previously licensed or
15    employed in this State or other state or jurisdictions,
16    then the lack of prior misconduct arising from or related
17    to the licensed position or position of employment. (5)
18    Evidence, if any, of rehabilitation submitted by the
19    applicant.
20        (7) Evidence of rehabilitation or rehabilitative
21    effort during or after incarceration, or during or after a
22    term of supervision, including, but not limited to, a
23    certificate of good conduct under Section 5-5.5-25 of the
24    Unified Code of Corrections or a certificate of relief from
25    disabilities under Section 5-5.5-10 of the Unified Code of
26    Corrections.

 

 

10000SB2053sam001- 192 -LRB100 08715 SMS 23371 a

1        (8) Any other mitigating factors that contribute to the
2    person's potential and current ability to perform the
3    duties and responsibilities of practices licensed or
4    registered under this Act.
5    (c) (b) When considering the suspension or revocation of a
6license or recovery permit on the grounds of conviction of a
7crime, the Commission, in evaluating the rehabilitation of the
8applicant, whether the conviction will impair the applicant's
9ability to engage in the position for which a license or permit
10is sought, and the applicant's present eligibility for a
11license or recovery permit, shall consider each of the
12following criteria:
13        (1) The nature and severity of the act or offense.
14        (2) The license holder's or recovery permit holder's
15    criminal record in its entirety.
16        (3) The amount of time that has lapsed since the
17    commission of the act or offense.
18        (4) Whether the license holder or recovery permit
19    holder has complied with any terms of parole, probation,
20    restitution, or any other sanctions lawfully imposed
21    against him or her.
22        (5) If applicable, evidence of expungement
23    proceedings.
24        (6) Evidence, if any, of rehabilitation submitted by
25    the license holder or recovery permit holder.
26    (d) If the Commission refuses to grant a license or permit

 

 

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1to an applicant, then the Commission shall notify the applicant
2of the denial in writing with the following included in the
3notice of denial:
4        (1) a statement about the decision to refuse to grant a
5    license or permit;
6        (2) a list of the convictions that the Commission
7    determined will impair the applicant's ability to engage in
8    the position for which a license or permit is sought;
9        (3) a list of convictions that formed the sole or
10    partial basis for the refusal to grant a license or permit;
11    and
12        (4) a summary of the appeal process or the earliest the
13    applicant may reapply for a license or permit, whichever is
14    applicable.
15    (e) No later than May 1 of each year, the Commission must
16prepare, publicly announce, and publish a report of summary
17statistical information relating to new and renewal license or
18permit applications during the preceding calendar year. Each
19report shall show, at a minimum:
20        (1) the number of applicants for a new or renewal
21    license or permit under this Act within the previous
22    calendar year;
23        (2) the number of applicants for a new or renewal
24    license or permit under this Act within the previous
25    calendar year who had any criminal conviction;
26        (3) the number of applicants for a new or renewal

 

 

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1    license or permit under this Act in the previous calendar
2    year who were granted a license or permit;
3        (4) the number of applicants for a new or renewal
4    license or permit with a criminal conviction who were
5    granted a license or permit under this Act within the
6    previous calendar year;
7        (5) the number of applicants for a new or renewal
8    license or permit under this Act within the previous
9    calendar year who were denied a license or permit;
10        (6) the number of applicants for a new or renewal
11    license or permit with a criminal conviction who were
12    denied a license or permit under this Act in the previous
13    calendar year in whole or in part because of a prior
14    conviction;
15        (7) the number of licenses or permits issued on
16    probation without monitoring under this Act in the previous
17    calendar year to applicants with a criminal conviction; and
18        (8) the number of licenses or permits issued on
19    probation with monitoring under this Act in the previous
20    calendar year to applicants with a criminal conviction.
21(Source: P.A. 97-576, eff. 7-1-12.)
 
22    Section 105. The Community Association Manager Licensing
23and Disciplinary Act is amended by changing Section 85 and by
24adding Section 43 as follows:
 

 

 

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1    (225 ILCS 427/43 new)
2    Sec. 43. Applicant convictions.
3    (a) The Department shall not require the applicant to
4report the following information and shall not consider the
5following criminal history records in connection with an
6application for a license under this Act:
7        (1) Juvenile adjudications of delinquent minors as
8    defined in Section 5-105 of the Juvenile Court Act of 1987,
9    subject to the restrictions set forth in Section 5-130 of
10    the Juvenile Court Act of 1987.
11        (2) Law enforcement records, court records, and
12    conviction records of an individual who was 17 years old at
13    the time of the offense and before January 1, 2014, unless
14    the nature of the offense required the individual to be
15    tried as an adult.
16        (3) Records of arrest not followed by a charge or
17    conviction.
18        (4) Records of arrest where charges were dismissed
19    unless related to the practice of the profession. However,
20    applicants shall not be asked to report any arrests, and
21    any arrest not followed by a conviction shall not be the
22    basis of a denial and may be used only to assess an
23    applicant's rehabilitation.
24        (5) Convictions overturned by a higher court.
25        (6) Convictions or arrests that have been sealed or
26    expunged.

 

 

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1    (b) The Department, upon a finding that an applicant for a
2license was previously convicted of any felony or a misdemeanor
3directly related to the practice of the profession, shall
4consider any evidence of rehabilitation and mitigating factors
5contained in the applicant's record, including any of the
6following factors and evidence, to determine if the conviction
7will impair the ability of the applicant to engage in the
8position for which a license is sought:
9        (1) the lack of direct relation of the offense for
10    which the applicant was previously convicted to the duties,
11    functions, and responsibilities of the position for which a
12    license is sought;
13        (2) whether 5 years since a felony conviction or 3
14    years since release from confinement for the conviction,
15    whichever is later, have passed without a subsequent
16    conviction;
17        (3) if the applicant was previously licensed or
18    employed in this State or other state or jurisdictions,
19    then the lack of prior misconduct arising from or related
20    to the licensed position or position of employment;
21        (4) the age of the person at the time of the criminal
22    offense;
23        (5) successful completion of sentence and, for
24    applicants serving a term of parole or probation, a
25    progress report provided by the applicant's probation or
26    parole officer that documents the applicant's compliance

 

 

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1    with conditions of supervision;
2        (6) evidence of the applicant's present fitness and
3    professional character;
4        (7) evidence of rehabilitation or rehabilitative
5    effort during or after incarceration, or during or after a
6    term of supervision, including, but not limited to, a
7    certificate of good conduct under Section 5-5.5-25 of the
8    Unified Code of Corrections or a certificate of relief from
9    disabilities under Section 5-5.5-10 of the Unified Code of
10    Corrections; and
11        (8) any other mitigating factors that contribute to the
12    person's potential and current ability to perform the
13    duties and responsibilities of the position for which a
14    license or employment is sought.
15    (c) If the Department refuses to grant a license to an
16applicant based upon a conviction or convictions in whole or in
17part, then the Department shall notify the applicant of the
18denial in writing with the following included in the notice of
19denial:
20        (1) a statement about the decision to refuse to issue a
21    license;
22        (2) a list of convictions that the Department
23    determined will impair the applicant's ability to engage in
24    the position for which a license is sought;
25        (3) a list of convictions that formed the sole or
26    partial basis for the refusal to issue a license; and

 

 

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1        (4) a summary of the appeal process or the earliest the
2    applicant may reapply for a license, whichever is
3    applicable.
4    (d) No later than May 1 of each year, the Department must
5prepare, publicly announce, and publish a report of summary
6statistical information relating to new license applications
7during the preceding calendar year. Each report shall show, at
8a minimum:
9        (1) the number of applicants for a new license under
10    this Act within the previous calendar year;
11        (2) the number of applicants for a new license under
12    this Act within the previous calendar year who had any
13    criminal conviction;
14        (3) the number of applicants for a new license under
15    this Act in the previous calendar year who were granted a
16    license;
17        (4) the number of applicants for a new license with a
18    criminal conviction who were granted a license under this
19    Act within the previous calendar year;
20        (5) the number of applicants for a new license under
21    this Act within the previous calendar year who were denied
22    a license;
23        (6) the number of applicants for a new license with a
24    criminal conviction who were denied a license under this
25    Act in the previous calendar year in part or in whole
26    because of a prior conviction; and

 

 

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1        (7) the number of licenses issued on probation under
2    this Act in the previous calendar year to applicants with a
3    criminal conviction.
 
4    (225 ILCS 427/85)
5    (Section scheduled to be repealed on January 1, 2020)
6    Sec. 85. Grounds for discipline; refusal, revocation, or
7suspension.
8    (a) The Department may refuse to issue or renew a license,
9or may place on probation, reprimand, suspend, or revoke any
10license, or take any other disciplinary or non-disciplinary
11action as the Department may deem proper and impose a fine not
12to exceed $10,000 for each violation upon any licensee or
13applicant under this Act or any person or entity who holds
14himself, herself, or itself out as an applicant or licensee for
15any one 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) For licensees, conviction Conviction of or entry of
20    a plea of guilty or plea of nolo contendere to a felony or
21    a misdemeanor under the laws of the United States, any
22    state, or any other jurisdiction or entry of an
23    administrative sanction by a government agency in this
24    State or any other jurisdiction. Action taken under this
25    paragraph (3) for a misdemeanor or an administrative

 

 

10000SB2053sam001- 200 -LRB100 08715 SMS 23371 a

1    sanction is limited to a misdemeanor or administrative
2    sanction that has as an essential element dishonesty or
3    fraud, that involves larceny, embezzlement, or obtaining
4    money, property, or credit by false pretenses or by means
5    of a confidence game, or that is directly related to the
6    practice of the profession; for applicants, the provisions
7    of Section 43 apply.
8        (4) Making any misrepresentation for the purpose of
9    obtaining a license or violating any provision of this Act
10    or its rules.
11        (5) Professional incompetence.
12        (6) Gross negligence.
13        (7) Aiding or assisting another person in violating any
14    provision of this Act or its rules.
15        (8) Failing, within 30 days, to provide information in
16    response to a request made by the Department.
17        (9) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud or harm the public as defined by the rules of the
20    Department, or violating the rules of professional conduct
21    adopted by the Department.
22        (10) Habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants, or any other chemical agent or drug
24    that results in the inability to practice with reasonable
25    judgment, skill, or safety.
26        (11) Having been disciplined by another state, the

 

 

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1    District of Columbia, a territory, a foreign nation, or a
2    governmental agency authorized to impose discipline if at
3    least one of the grounds for the discipline is the same or
4    substantially equivalent of one of the grounds for which a
5    licensee may be disciplined under this Act. A certified
6    copy of the record of the action by the other state or
7    jurisdiction shall be prima facie evidence thereof.
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 the licensee,
14    after having his, her, or its license placed on
15    probationary status, has violated the terms of probation.
16        (14) Willfully making or filing false records or
17    reports relating to a licensee's practice, including but
18    not limited to false records filed with any State or
19    federal agencies or departments.
20        (15) Being named as a perpetrator in an indicated
21    report by the Department of Children and Family Services
22    under the Abused and Neglected Child Reporting Act and upon
23    proof by clear and convincing evidence that the licensee
24    has caused a child to be an abused child or neglected child
25    as defined in the Abused and Neglected Child Reporting Act.
26        (16) Physical illness or mental illness or impairment,

 

 

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1    including, but not limited to, deterioration through the
2    aging process or loss of motor skill that results in the
3    inability to practice the profession with reasonable
4    judgment, skill, or safety.
5        (17) Solicitation of professional services by using
6    false or misleading advertising.
7        (18) A finding that licensure has been applied for or
8    obtained by fraudulent means.
9        (19) Practicing or attempting to practice under a name
10    other than the full name as shown on the license or any
11    other legally authorized name.
12        (20) Gross overcharging for professional services
13    including, but not limited to, (i) collection of fees or
14    moneys for services that are not rendered; and (ii)
15    charging for services that are not in accordance with the
16    contract between the licensee and the community
17    association.
18        (21) Improper commingling of personal and client funds
19    in violation of this Act or any rules promulgated thereto.
20        (22) Failing to account for or remit any moneys or
21    documents coming into the licensee's possession that
22    belong to another person or entity.
23        (23) Giving differential treatment to a person that is
24    to that person's detriment because of race, color, creed,
25    sex, religion, or national origin.
26        (24) Performing and charging for services without

 

 

10000SB2053sam001- 203 -LRB100 08715 SMS 23371 a

1    reasonable authorization to do so from the person or entity
2    for whom service is being provided.
3        (25) Failing to make available to the Department, upon
4    request, any books, records, or forms required by this Act.
5        (26) Purporting to be a supervising community
6    association manager of a firm without active participation
7    in the firm.
8        (27) 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        (28) Failing to maintain and deposit funds belonging to
12    a community association in accordance with subsection (b)
13    of Section 55 of this Act.
14        (29) Violating the terms of a disciplinary order issued
15    by the Department.
16    (b) In accordance with subdivision (a)(5) of Section
172105-15 of the Department of Professional Regulation Law of the
18Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
19the Department shall deny a license or renewal authorized by
20this Act to a person who has defaulted on an educational loan
21or scholarship provided or guaranteed by the Illinois Student
22Assistance Commission or any governmental agency of this State.
23    (c) The determination by a circuit court that a licensee is
24subject to involuntary admission or judicial admission, as
25provided in the Mental Health and Developmental Disabilities
26Code, operates as an automatic suspension. The suspension will

 

 

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1terminate only upon a finding by a court that the patient is no
2longer subject to involuntary admission or judicial admission
3and the issuance of an order so finding and discharging the
4patient, and upon the recommendation of the Board to the
5Secretary that the licensee be allowed to resume his or her
6practice as a licensed community association manager.
7    (d) In accordance with subsection (g) of Section 2105-15 of
8the Department of Professional Regulation Law of the Civil
9Administrative Code of Illinois (20 ILCS 2105/2105-15), the
10Department may refuse to issue or renew or may suspend the
11license of any person who fails to file a return, to pay the
12tax, penalty, or interest shown in a filed return, or to pay
13any final assessment of tax, penalty, or interest, as required
14by any tax Act administered by the Department of Revenue, until
15such time as the requirements of that tax Act are satisfied.
16    (e) In accordance with subdivision (a)(5) of Section
172105-15 of the Department of Professional Regulation Law of the
18Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
19and in cases where the Department of Healthcare and Family
20Services (formerly Department of Public Aid) has previously
21determined that a licensee or a potential licensee is more than
2230 days delinquent in the payment of child support and has
23subsequently certified the delinquency to the Department may
24refuse to issue or renew or may revoke or suspend that person's
25license or may take other disciplinary action against that
26person based solely upon the certification of delinquency made

 

 

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1by the Department of Healthcare and Family Services.
2    (f) In enforcing this Section, the Department or Board upon
3a showing of a possible violation may compel a licensee or an
4individual licensed to practice under this Act, or who has
5applied for licensure under this Act, to submit to a mental or
6physical examination, or both, as required by and at the
7expense of the Department. The Department or Board may order
8the examining physician to present testimony concerning the
9mental or physical 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. Failure of an
17individual to submit to a mental or physical examination, when
18directed, shall be grounds for suspension of his or her license
19or denial of his or her application or renewal until the
20individual submits to the examination if the Department finds,
21after notice and hearing, that the refusal to submit to the
22examination was without reasonable cause.
23    If the Department or Board finds an individual unable to
24practice because of the reasons set forth in this Section, the
25Department or Board may require that individual to submit to
26care, counseling, or treatment by physicians approved or

 

 

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1designated by the Department or Board, as a condition, term, or
2restriction for continued, reinstated, or renewed licensure to
3