Full Text of SB2236 99th General Assembly
SB2236sam001 99TH GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 3/2/2016
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| 1 | | AMENDMENT TO SENATE BILL 2236
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2236 on page 24, | 3 | | immediately below line 3, by inserting the following:
| 4 | | "Section 23. The Illinois Athletic Trainers Practice Act is | 5 | | amended by changing Section 16 as follows:
| 6 | | (225 ILCS 5/16) (from Ch. 111, par. 7616)
| 7 | | (Section scheduled to be repealed on January 1, 2026)
| 8 | | Sec. 16. Grounds for discipline. | 9 | | (1) The
Department may refuse to issue or renew, or may | 10 | | revoke, suspend,
place on probation, reprimand, or take other | 11 | | disciplinary
action as the Department may deem proper, | 12 | | including fines not to exceed $10,000
for each violation, with | 13 | | regard to any licensee for any one or
combination of the | 14 | | following:
| 15 | | (A) Material misstatement in furnishing information to | 16 | | the
Department;
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| 1 | | (B) Violations of this Act, or of
the rules or | 2 | | regulations promulgated hereunder;
| 3 | | (C) Conviction of or plea of guilty to any crime under | 4 | | the Criminal Code of 2012 or the laws of any jurisdiction | 5 | | of the United States that is (i) a felony, (ii) a
| 6 | | misdemeanor, an essential element of which is dishonesty, | 7 | | or (iii) of any crime
that is
directly related to the | 8 | | practice of the profession;
| 9 | | (D) Fraud or any misrepresentation in applying for or | 10 | | procuring a license under this Act, or in connection with | 11 | | applying for renewal of a license under this Act;
| 12 | | (E) Professional incompetence or gross negligence;
| 13 | | (F) Malpractice;
| 14 | | (G) Aiding or assisting another person, firm, | 15 | | partnership, or corporation in violating any provision of | 16 | | this
Act or rules;
| 17 | | (H) Failing, within 60 days, to provide information in | 18 | | response to a written
request made by the Department;
| 19 | | (I) Engaging in dishonorable, unethical, or | 20 | | unprofessional conduct of a
character likely to deceive, | 21 | | defraud or harm the public;
| 22 | | (J) Habitual or excessive use or abuse of drugs defined | 23 | | in law as controlled substances, alcohol, or any other | 24 | | substance that results in the inability to practice with | 25 | | reasonable judgment, skill, or safety;
| 26 | | (K) Discipline by another state, unit of government, |
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| 1 | | government agency, the District of Columbia, territory, or | 2 | | foreign
nation, if at least one of the grounds for the | 3 | | discipline is the same
or substantially equivalent to those | 4 | | set forth herein;
| 5 | | (L) Directly or indirectly giving to or receiving from | 6 | | any person, firm,
corporation, partnership, or association | 7 | | any fee, commission, rebate,
or other form of compensation | 8 | | for any professional services not actually or
personally | 9 | | rendered. Nothing in this subparagraph (L) affects any bona | 10 | | fide independent contractor or employment arrangements | 11 | | among health care professionals, health facilities, health | 12 | | care providers, or other entities, except as otherwise | 13 | | prohibited by law. Any employment arrangements may include | 14 | | provisions for compensation, health insurance, pension, or | 15 | | other employment benefits for the provision of services | 16 | | within the scope of the licensee's practice under this Act. | 17 | | Nothing in this subparagraph (L) shall be construed to | 18 | | require an employment arrangement to receive professional | 19 | | fees for services rendered;
| 20 | | (M) A finding by the Department that the
licensee after | 21 | | having his or her license disciplined has violated the | 22 | | terms of probation;
| 23 | | (N) Abandonment of an athlete;
| 24 | | (O) Willfully making or filing false records or reports | 25 | | in his or her
practice, including but not limited to false | 26 | | records filed with State agencies
or
departments;
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| 1 | | (P) Willfully failing to report an instance of | 2 | | suspected child abuse or
neglect as required by the Abused | 3 | | and Neglected Child Reporting
Act;
| 4 | | (Q) Physical illness, including but not limited to | 5 | | deterioration
through
the aging process, or loss of motor | 6 | | skill that results in the
inability to practice the | 7 | | profession with reasonable judgment, skill, or
safety;
| 8 | | (R) Solicitation of professional services other than | 9 | | by permitted
institutional policy;
| 10 | | (S) The use of any words, abbreviations, figures or | 11 | | letters with the
intention of indicating practice as an | 12 | | athletic trainer without a valid
license as an athletic | 13 | | trainer under this Act;
| 14 | | (T) The evaluation or treatment of ailments of human | 15 | | beings other than by the practice of athletic training as | 16 | | defined in this Act or the treatment of injuries of | 17 | | athletes by a licensed
athletic trainer except by the | 18 | | referral of a physician, podiatric physician,
or dentist;
| 19 | | (U) Willfully violating or knowingly assisting in the | 20 | | violation of any
law of this State relating to the use of | 21 | | habit-forming drugs;
| 22 | | (V) Willfully violating or knowingly assisting in the | 23 | | violation of any
law
of this State relating to the practice | 24 | | of abortion;
| 25 | | (W) Continued practice by a person knowingly having an | 26 | | infectious
communicable or contagious disease;
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| 1 | | (X) Being named as a perpetrator in an indicated report | 2 | | by the
Department of Children and Family Services pursuant | 3 | | to the Abused and
Neglected Child Reporting Act and upon
| 4 | | proof by clear and convincing evidence that the licensee | 5 | | has
caused a child to be an abused child or neglected child | 6 | | as defined in the
Abused and Neglected Child Reporting Act;
| 7 | | (Y) (Blank);
| 8 | | (Z) Failure to fulfill continuing education | 9 | | requirements;
| 10 | | (AA) Allowing one's license under this Act to be used | 11 | | by an unlicensed person in violation of this Act; | 12 | | (BB) Practicing under a false or, except as provided by | 13 | | law, assumed name; | 14 | | (CC) Promotion of the sale of drugs, devices, | 15 | | appliances, or goods provided in any manner to exploit the | 16 | | client for the financial gain of the licensee; | 17 | | (DD) Gross, willful, or continued overcharging for | 18 | | professional services; | 19 | | (EE) Mental illness or disability that results in the | 20 | | inability to practice under this Act with reasonable | 21 | | judgment, skill, or safety; or | 22 | | (FF) Cheating on or attempting to subvert the licensing | 23 | | examination administered under this Act. | 24 | | All fines imposed under this Section shall be paid within | 25 | | 60 days after the effective date of the order imposing the fine | 26 | | or in accordance with the terms set forth in the order imposing |
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| 1 | | the fine. | 2 | | (2) The determination by a circuit court that a
licensee is | 3 | | subject to
involuntary admission or judicial admission as | 4 | | provided in the Mental Health
and Developmental Disabilities | 5 | | Code operates as an automatic suspension. Such
suspension will | 6 | | end only upon a finding by a court that the licensee is no | 7 | | longer subject to involuntary admission or judicial
admission | 8 | | and issuance of an order so finding and discharging the | 9 | | licensee.
| 10 | | (3) The Department may refuse to issue or may suspend | 11 | | without hearing, as provided for in the Code of Civil | 12 | | Procedure, the license of any person who fails to file a | 13 | | return, to pay the tax, penalty, or interest shown in a filed | 14 | | return, or to pay any final assessment of tax, penalty, or | 15 | | interest as required by any tax Act administered by the | 16 | | Illinois Department of Revenue, until such time as the | 17 | | requirements of any such tax Act are satisfied in accordance | 18 | | with subsection (a) of Section 2105-15 of the Department of | 19 | | Professional Regulation Law of the Civil Administrative Code of | 20 | | Illinois. | 21 | | (4) In enforcing this Section, the Department, upon a | 22 | | showing of a possible violation, may compel any individual who | 23 | | is licensed under this Act or any individual who has applied | 24 | | for licensure to submit to a mental or physical examination or | 25 | | evaluation, or both, which may include a substance abuse or | 26 | | sexual offender evaluation, at the expense of the Department. |
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| 1 | | The Department shall specifically designate the examining | 2 | | physician licensed to practice medicine in all of its branches | 3 | | or, if applicable, the multidisciplinary team involved in | 4 | | providing the mental or physical examination and evaluation. | 5 | | The multidisciplinary team shall be led by a physician licensed | 6 | | to practice medicine in all of its branches and may consist of | 7 | | one or more or a combination of physicians licensed to practice | 8 | | medicine in all of its branches, licensed chiropractic | 9 | | physicians, licensed clinical psychologists, licensed clinical | 10 | | social workers, licensed clinical professional counselors, and | 11 | | other professional and administrative staff. Any examining | 12 | | physician or member of the multidisciplinary team may require | 13 | | any person ordered to submit to an examination and evaluation | 14 | | pursuant to this Section to submit to any additional | 15 | | supplemental testing deemed necessary to complete any | 16 | | examination or evaluation process, including, but not limited | 17 | | to, blood testing, urinalysis, psychological testing, or | 18 | | neuropsychological testing. | 19 | | The Department may order the examining physician or any | 20 | | member of the multidisciplinary team to provide to the | 21 | | Department any and all records, including business records, | 22 | | that relate to the examination and evaluation, including any | 23 | | supplemental testing performed. The Department may order the | 24 | | examining physician or any member of the multidisciplinary team | 25 | | to present testimony concerning this examination and | 26 | | evaluation of the licensee or applicant, including testimony |
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| 1 | | concerning any supplemental testing or documents relating to | 2 | | the examination and evaluation. No information, report, | 3 | | record, or other documents in any way related to the | 4 | | examination and evaluation shall be excluded by reason of any | 5 | | common law or statutory privilege relating to communication | 6 | | between the licensee or applicant and the examining physician | 7 | | or any member of the multidisciplinary team. No authorization | 8 | | is necessary from the licensee or applicant ordered to undergo | 9 | | an evaluation and examination for the examining physician or | 10 | | any member of the multidisciplinary team to provide | 11 | | information, reports, records, or other documents or to provide | 12 | | any testimony regarding the examination and evaluation. The | 13 | | individual to be examined may have, at his or her own expense, | 14 | | another physician of his or her choice present during all | 15 | | aspects of the examination. | 16 | | Failure of any individual to submit to a mental or physical | 17 | | examination or evaluation, or both, when directed, shall result | 18 | | in an automatic suspension without hearing, until such time as | 19 | | the individual submits to the examination. If the Department | 20 | | finds a licensee unable to practice because of the reasons set | 21 | | forth in this Section, the Department shall require the | 22 | | licensee to submit to care, counseling, or treatment by | 23 | | physicians approved or designated by the Department as a | 24 | | condition for continued, reinstated, or renewed licensure. | 25 | | When the Secretary immediately suspends a license under | 26 | | this Section, a hearing upon such person's license must be |
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| 1 | | convened by the Department within 15 days after the suspension | 2 | | and completed without appreciable delay. The Department shall | 3 | | have the authority to review the licensee's record of treatment | 4 | | and counseling regarding the impairment to the extent permitted | 5 | | by applicable federal statutes and regulations safeguarding | 6 | | the confidentiality of medical records. | 7 | | Individuals licensed under this Act who are affected under | 8 | | this Section shall be afforded an opportunity to demonstrate to | 9 | | the Department that they can resume practice in compliance with | 10 | | acceptable and prevailing standards under the provisions of | 11 | | their license. | 12 | | (5) (Blank) The Department shall deny a license or renewal | 13 | | authorized by this Act to a person who has defaulted on an | 14 | | educational loan or scholarship provided or guaranteed by the | 15 | | Illinois Student Assistance Commission or any governmental | 16 | | agency of this State in accordance with paragraph (5) of | 17 | | subsection (a) of Section 2105-15 of the Department of | 18 | | Professional Regulation Law of the Civil Administrative Code of | 19 | | Illinois . | 20 | | (6) In cases where the Department of Healthcare and Family | 21 | | Services has previously determined a licensee or a potential | 22 | | licensee is more than 30 days delinquent in the payment of | 23 | | child support and has subsequently certified the delinquency to | 24 | | the Department, the Department may refuse to issue or renew or | 25 | | may revoke or suspend that person's license or may take other | 26 | | disciplinary action against that person based solely upon the |
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| 1 | | certification of delinquency made by the Department of | 2 | | Healthcare and Family Services in accordance with paragraph (5) | 3 | | of subsection (a) of Section 2105-15 of the Department of | 4 | | Professional Regulation Law of the Civil Administrative Code of | 5 | | Illinois. | 6 | | (Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)"; and
| 7 | | on page 158, immediately below line 21, by inserting the | 8 | | following: | 9 | | "Section 113. The Illinois Roofing Industry Licensing Act | 10 | | is amended by changing Section 9.1 as follows: | 11 | | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | 12 | | (Section scheduled to be repealed on January 1, 2026) | 13 | | Sec. 9.1. Grounds for disciplinary action. | 14 | | (1) The Department may refuse
to issue or to renew, or may | 15 | | revoke, suspend, place on probation, reprimand
or take other | 16 | | disciplinary or non-disciplinary action as the Department may | 17 | | deem proper,
including fines not to exceed $10,000 for each | 18 | | violation, with regard to any
license for any one or | 19 | | combination of the following: | 20 | | (a) violation of this Act or its rules; | 21 | | (b) conviction or plea of guilty or nolo contendere, | 22 | | finding of guilt, jury verdict, or entry of judgment or | 23 | | sentencing of any crime, including, but not limited to, |
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| 1 | | convictions, preceding sentences of supervision, | 2 | | conditional discharge, or first offender probation, under | 3 | | the laws of any jurisdiction of the United States that is | 4 | | (i) a felony or (ii) a misdemeanor, an essential element
of | 5 | | which is dishonesty or that is
directly related to the
| 6 | | practice of the profession; | 7 | | (c) fraud or any misrepresentation in applying for or | 8 | | procuring a license under this Act, or in connection with | 9 | | applying for renewal of a license under this Act; | 10 | | (d) professional incompetence or gross negligence in | 11 | | the practice of
roofing contracting, prima facie evidence | 12 | | of which may be a conviction or judgment in any court of | 13 | | competent jurisdiction against an applicant or licensee | 14 | | relating to the practice of roofing contracting or the | 15 | | construction of a roof or repair thereof that results in | 16 | | leakage within 90 days after the completion of such work; | 17 | | (e) (blank); | 18 | | (f) aiding or assisting another person in violating any | 19 | | provision of
this Act or rules; | 20 | | (g) failing, within 60 days, to provide information in | 21 | | response to a
written request made by the Department; | 22 | | (h) engaging in dishonorable, unethical, or | 23 | | unprofessional conduct of a
character likely to deceive, | 24 | | defraud, or harm the public; | 25 | | (i) habitual or excessive use or abuse of controlled | 26 | | substances, as defined by the Illinois Controlled |
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| 1 | | Substances Act, alcohol, or any other substance that | 2 | | results in the
inability to practice with reasonable | 3 | | judgment, skill, or safety; | 4 | | (j) discipline by another state, unit of government, or | 5 | | government agency, the District of Columbia, a territory, | 6 | | or a foreign nation, if at
least one of the grounds for the | 7 | | discipline is the same or substantially
equivalent to those | 8 | | set forth in this Section; | 9 | | (k) directly or indirectly giving to or receiving from | 10 | | any person, firm,
corporation, partnership, or association | 11 | | any fee, commission, rebate, or
other form of compensation | 12 | | for any professional services not actually or
personally | 13 | | rendered; | 14 | | (l) a finding by the Department that the licensee, | 15 | | after having his
or her license disciplined, has violated | 16 | | the terms of the discipline; | 17 | | (m) a finding by any court of competent jurisdiction, | 18 | | either within or
without this State, of any violation of | 19 | | any law governing the practice of
roofing contracting, if | 20 | | the Department determines, after investigation,
that such | 21 | | person has not been sufficiently rehabilitated to warrant | 22 | | the
public trust; | 23 | | (n) willfully making or filing false records or reports | 24 | | in the practice of roofing contracting, including, but not | 25 | | limited to, false records filed with the State agencies or | 26 | | departments; |
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| 1 | | (o) practicing, attempting to practice, or advertising | 2 | | under
a name
other than the
full name as shown on the | 3 | | license or any other legally authorized name; | 4 | | (p) gross and willful overcharging for professional | 5 | | services including
filing false statements for collection | 6 | | of fees or monies for which services
are not rendered; | 7 | | (q) (blank); | 8 | | (r) (blank); | 9 | | (s) failure to continue to meet the requirements of | 10 | | this Act shall be
deemed a violation; | 11 | | (t) physical or mental disability, including | 12 | | deterioration through the
aging process or loss of | 13 | | abilities and skills that result in an inability to
| 14 | | practice the profession with reasonable judgment, skill, | 15 | | or safety; | 16 | | (u) material misstatement in furnishing information to | 17 | | the Department or
to
any other State agency; | 18 | | (v) (blank); | 19 | | (w) advertising in any manner that is false, | 20 | | misleading, or deceptive; | 21 | | (x) taking undue advantage of a customer, which results | 22 | | in the perpetration of a fraud; | 23 | | (y) performing any act or practice that is a violation | 24 | | of the Consumer Fraud and Deceptive Business Practices Act; | 25 | | (z) engaging in the practice of roofing contracting, as | 26 | | defined in this Act, with a suspended, revoked, or |
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| 1 | | cancelled license; | 2 | | (aa) treating any person differently to the person's | 3 | | detriment because of race, color, creed, gender, age, | 4 | | religion, or national origin; | 5 | | (bb) knowingly making any false statement, oral, | 6 | | written, or otherwise, of a character likely to influence, | 7 | | persuade, or induce others in the course of obtaining or | 8 | | performing roofing contracting services; | 9 | | (cc) violation of any final administrative action of | 10 | | the Secretary;
| 11 | | (dd) allowing the use of his or her roofing license by | 12 | | an unlicensed roofing contractor for the purposes of | 13 | | providing roofing or waterproofing services; or | 14 | | (ee) (blank); | 15 | | (ff) cheating or attempting to subvert a licensing | 16 | | examination administered under this Act; or | 17 | | (gg) use of a license to permit or enable an unlicensed | 18 | | person to provide roofing contractor services. | 19 | | (2) The determination by a circuit court that a license | 20 | | holder is subject to involuntary admission or judicial | 21 | | admission, as provided in the Mental Health and Developmental | 22 | | Disabilities Code, operates as an automatic suspension. Such | 23 | | suspension will end only upon a finding by a court that the | 24 | | patient is no longer subject to involuntary admission or | 25 | | judicial admission, an order by the court so finding and | 26 | | discharging the patient, and the recommendation of the Board to |
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| 1 | | the Director that the license holder be allowed to resume his | 2 | | or her practice. | 3 | | (3) The Department may refuse to issue or take disciplinary | 4 | | action concerning the license of any person who fails to file a | 5 | | return, to pay the tax, penalty, or interest shown in a filed | 6 | | return, or to pay any final assessment of tax, penalty, or | 7 | | interest as required by any tax Act administered by the | 8 | | Department of Revenue, until such time as the requirements of | 9 | | any such tax Act are satisfied as determined by the Department | 10 | | of Revenue. | 11 | | (4) In enforcing this Section, the Department, upon a | 12 | | showing of a possible violation, may compel any individual who | 13 | | is licensed under this Act or any individual who has applied | 14 | | for licensure to submit to a mental or physical examination or | 15 | | evaluation, or both, which may include a substance abuse or | 16 | | sexual offender evaluation, at the expense of the Department. | 17 | | The Department shall specifically designate the examining | 18 | | physician licensed to practice medicine in all of its branches | 19 | | or, if applicable, the multidisciplinary team involved in | 20 | | providing the mental or physical examination and evaluation. | 21 | | The multidisciplinary team shall be led by a physician licensed | 22 | | to practice medicine in all of its branches and may consist of | 23 | | one or more or a combination of physicians licensed to practice | 24 | | medicine in all of its branches, licensed chiropractic | 25 | | physicians, licensed clinical psychologists, licensed clinical | 26 | | social workers, licensed clinical professional counselors, and |
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| 1 | | other professional and administrative staff. Any examining | 2 | | physician or member of the multidisciplinary team may require | 3 | | any person ordered to submit to an examination and evaluation | 4 | | pursuant to this Section to submit to any additional | 5 | | supplemental testing deemed necessary to complete any | 6 | | examination or evaluation process, including, but not limited | 7 | | to, blood testing, urinalysis, psychological testing, or | 8 | | neuropsychological testing. | 9 | | (5) The Department may order the examining physician or any | 10 | | member of the multidisciplinary team to provide to the | 11 | | Department any and all records, including business records, | 12 | | that relate to the examination and evaluation, including any | 13 | | supplemental testing performed. The Department may order the | 14 | | examining physician or any member of the multidisciplinary team | 15 | | to present testimony concerning this examination and | 16 | | evaluation of the licensee or applicant, including testimony | 17 | | concerning any supplemental testing or documents relating to | 18 | | the examination and evaluation. No information, report, | 19 | | record, or other documents in any way related to the | 20 | | examination and evaluation shall be excluded by reason of any | 21 | | common law or statutory privilege relating to communication | 22 | | between the licensee or applicant and the examining physician | 23 | | or any member of the multidisciplinary team. No authorization | 24 | | is necessary from the licensee or applicant ordered to undergo | 25 | | an evaluation and examination for the examining physician or | 26 | | any member of the multidisciplinary team to provide |
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| 1 | | information, reports, records, or other documents or to provide | 2 | | any testimony regarding the examination and evaluation. The | 3 | | individual to be examined may have, at his or her own expense, | 4 | | another physician of his or her choice present during all | 5 | | aspects of the examination. | 6 | | (6) Failure of any individual to submit to mental or | 7 | | physical examination or evaluation, or both, when directed, | 8 | | shall result in an automatic suspension without hearing until | 9 | | such time as the individual submits to the examination. If the | 10 | | Department finds a licensee unable to practice because of the | 11 | | reasons set forth in this Section, the Department shall require | 12 | | the licensee to submit to care, counseling, or treatment by | 13 | | physicians approved or designated by the Department as a | 14 | | condition for continued, reinstated, or renewed licensure. | 15 | | (7) When the Secretary immediately suspends a license under | 16 | | this Section, a hearing upon such person's license must be | 17 | | convened by the Department within 15 days after the suspension | 18 | | and completed without appreciable delay. The Department shall | 19 | | have the authority to review the licensee's record of treatment | 20 | | and counseling regarding the impairment to the extent permitted | 21 | | by applicable federal statutes and regulations safeguarding | 22 | | the confidentiality of medical records. | 23 | | (8) Licensees affected under this Section shall be afforded | 24 | | an opportunity to demonstrate to the Department that they can | 25 | | resume practice in compliance with acceptable and prevailing | 26 | | standards under the provisions of their license. |
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| 1 | | (9) (Blank) The Department shall deny a license or renewal | 2 | | authorized by this Act to a person who has defaulted on an | 3 | | educational loan or scholarship provided or guaranteed by the | 4 | | Illinois Student Assistance Commission or any governmental | 5 | | agency of this State in accordance with paragraph (5) of | 6 | | subsection (a) of Section 2105-15 of the Department of | 7 | | Professional Regulation Law of the Civil Administrative Code of | 8 | | Illinois . | 9 | | (10) In cases where the Department of Healthcare and Family | 10 | | Services has previously determined a licensee or a potential | 11 | | licensee is more than 30 days delinquent in the payment of | 12 | | child support and has subsequently certified the delinquency to | 13 | | the Department, the Department may refuse to issue or renew or | 14 | | may revoke or suspend that person's license or may take other | 15 | | disciplinary action against that person based solely upon the | 16 | | certification of delinquency made by the Department of | 17 | | Healthcare and Family Services in accordance with paragraph (5) | 18 | | of subsection (a) of Section 2105-15 of the Department of | 19 | | Professional Regulation Law of the Civil Administrative Code of | 20 | | Illinois. | 21 | | The changes to this Act made by this amendatory Act of 1997 | 22 | | apply only
to disciplinary actions relating to events occurring | 23 | | after the effective date
of
this amendatory Act of 1997. | 24 | | (Source: P.A. 99-469, eff. 8-26-15.)".
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