(225 ILCS 37/35)
(Section scheduled to be repealed on January 1, 2019)
Grounds for discipline.
(a) The Department may refuse to issue or renew, or may revoke, suspend,
place on probation, reprimand, or take other disciplinary action with regard to
any license issued under this Act as the Department may consider proper,
including the imposition of fines not to exceed $5,000 for each violation, for
any one or combination of the following causes:
(1) Material misstatement in furnishing information
(2) Violations of this Act or its rules.
(3) Conviction of any felony under the laws of any
U.S. jurisdiction, any misdemeanor an essential element of which is dishonesty, or any crime that is directly related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a certificate of registration.
(5) Professional incompetence.
(6) Aiding or assisting another person in violating
any provision of this Act or its rules.
(7) Failing to provide information within 60 days in
response to a written request made by the Department.
(8) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive, defraud, or harm the public as defined by rules of the Department.
(9) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical agent or drug that results in an environmental health practitioner's inability to practice with reasonable judgment, skill, or safety.
(10) Discipline by another U.S. jurisdiction or
foreign nation, if at least one of the grounds for a discipline is the same or substantially equivalent to those set forth in this Act.
(11) A finding by the Department that the registrant,
after having his or her license placed on probationary status, has violated the terms of probation.
(12) Willfully making or filing false records or
reports in his or her practice, including, but not limited to, false records filed with State agencies or departments.
(13) Physical illness, including, but not limited to,
deterioration through the aging process or loss of motor skills that result in the inability to practice the profession with reasonable judgment, skill, or safety.
(14) Failure to comply with rules promulgated by the
Illinois Department of Public Health or other State agencies related to the practice of environmental health.
(15) The Department shall deny any application for a
license or renewal of a license under this Act, without hearing, to a person who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, the Department may issue a license or renewal of a license if the person in default has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission.
(16) Solicitation of professional services by using
false or misleading advertising.
(17) A finding that the license has been applied for
or obtained by fraudulent means.
(18) Practicing or attempting to practice under a
name other than the full name as shown on the license or any other legally authorized name.
(19) Gross overcharging for professional services
including filing statements for collection of fees or moneys for which services are not rendered.
(b) The Department may refuse to issue or may suspend the license of any
person who fails to (i) file a return, (ii) pay the tax, penalty, or interest
shown in a filed return; or (iii) pay any final assessment of the tax, penalty,
or interest as required by any tax Act administered by the Illinois Department
of Revenue until the requirements of the tax Act are satisfied.
(c) The determination by a circuit court that a licensee is subject
to involuntary admission or judicial admission to a mental health facility as
provided in the Mental Health and Developmental Disabilities Code operates as
an automatic suspension. The suspension may end only upon a finding by a court
that the licensee is no longer subject to involuntary admission or judicial
admission, the issuance of an order so finding and discharging the patient, and
the recommendation of the Board to the Director that the licensee be allowed to
(d) In enforcing this Section, the Department, upon a showing of a
violation, may compel any person licensed to practice under this Act or who has
for licensure or certification pursuant to this Act to submit to a mental or
examination, or both, as required by and at the expense of the Department. The
examining physicians shall be those specifically
the Department. The Department may order the examining physician
to present testimony concerning this mental or
examination of the
licensee or applicant. No information shall be excluded by reason of any
common law or
statutory privilege relating to communications between the licensee or
applicant and the
examining physician. The person to be examined may
have, at his
or her own expense, another physician of his or her
present during all aspects of the examination. Failure of any person to submit
to a mental
or physical examination, when directed, shall be grounds for suspension of a
the person submits to the examination if the Department finds, after notice and
that the refusal to submit to the examination was without reasonable cause.
If the Department finds an individual unable to practice because of the
forth in this Section, the Department may require that individual to submit to
counseling, or treatment by physicians approved or designated by the
Department, as a
condition, term, or restriction for continued, reinstated, or renewed licensure
or, in lieu of care, counseling, or treatment, the Department may file a
immediately suspend, revoke, or otherwise discipline the license of the
Any person whose license was granted, continued, reinstated, renewed,
disciplined, or supervised subject to such terms, conditions, or restrictions
who fails to comply with such terms, conditions, or restrictions shall be
the Director for a determination as to whether the person shall have his or her
license suspended immediately, pending a hearing by the Department.
In instances in which the Director immediately suspends a person's license
under this Section, a hearing on that person's license must be convened by the
Department within 15 days after the suspension and completed without
appreciable delay. The Department shall have the authority to review the
person's record of treatment and counseling regarding the impairment, to the
extent permitted by applicable federal statutes and regulations safeguarding
confidentiality of medical records.
A person licensed under this Act and affected under this Section shall be
afforded an opportunity to demonstrate to the Department that he or she can
resume practice in compliance with acceptable and prevailing standards under
provisions of his or her license.
(Source: P.A. 92-837, eff. 8-22-02