Sen. Emil Jones, III

Filed: 5/27/2021

 

 


 

 


 
10200HB0806sam001LRB102 02614 SPS 26970 a

1
AMENDMENT TO HOUSE BILL 806

2    AMENDMENT NO. ______. Amend House Bill 806 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.32 and 4.37 and by adding Section 4.41 as
6follows:
 
7    (5 ILCS 80/4.32)
8    Sec. 4.32. Acts repealed on January 1, 2022. The following
9Acts are repealed on January 1, 2022:
10    The Boxing and Full-contact Martial Arts Act.
11    The Cemetery Oversight Act.
12    The Collateral Recovery Act.
13    The Community Association Manager Licensing and
14Disciplinary Act.
15    The Crematory Regulation Act.
16    The Detection of Deception Examiners Act.

 

 

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1    The Home Inspector License Act.
2    The Illinois Health Information Exchange and Technology
3Act.
4    The Medical Practice Act of 1987.
5    The Registered Interior Designers Act.
6    The Massage Licensing Act.
7    The Petroleum Equipment Contractors Licensing Act.
8    The Radiation Protection Act of 1990.
9    The Real Estate Appraiser Licensing Act of 2002.
10    The Water Well and Pump Installation Contractor's License
11Act.
12(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
13101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
14    (5 ILCS 80/4.37)
15    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
16The following are repealed on January 1, 2027:
17    The Clinical Psychologist Licensing Act.
18    The Illinois Optometric Practice Act of 1987.
19    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
20XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
21    The Boiler and Pressure Vessel Repairer Regulation Act.
22    The Marriage and Family Therapy Licensing Act.
23    The Boxing and Full-contact Martial Arts Act.
24    The Cemetery Oversight Act.
25    The Community Association Manager Licensing and

 

 

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1Disciplinary Act.
2    The Home Inspector License Act.
3    The Massage Licensing Act.
4    The Medical Practice Act of 1987.
5    The Petroleum Equipment Contractors Licensing Act.
6    The Radiation Protection Act of 1990.
7    The Real Estate Appraiser Licensing Act of 2002.
8    The Registered Interior Designers Act.
9(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1099-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
118-18-17; 100-372, eff. 8-25-17.)
 
12    (5 ILCS 80/4.41 new)
13    Sec. 4.41. Act repealed on January 1, 2032. The following
14Act is repealed on January 1, 2032:
15    The Detection of Deception Examiners Act.
 
16    Section 10. The Department of Professional Regulation Law
17of the Civil Administrative Code of Illinois is amended by
18changing Sections 2105-35 and 2105-120 as follows:
 
19    (20 ILCS 2105/2105-35)
20    Sec. 2105-35. Prohibited uses of roster of information.
21Notwithstanding any other provision of law to the contrary,
22any roster of information including, but not limited to, the
23licensee's name, address, and profession, shall not be used by

 

 

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1a third party for the purpose of marketing goods or services
2not related to the licensee's profession. Rosters provided by
3the Department shall comply with the requirements set forth
4under the Freedom of Information Act.
5(Source: P.A. 96-978, eff. 7-2-10.)
 
6    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g)
7    Sec. 2105-120. Board's report; licensee's or applicant's
8motion for rehearing.
9    (a) The board shall present to the Secretary Director its
10written report of its findings and recommendations. A copy of
11the report shall be served upon the licensee or applicant,
12either personally or by mail or email as provided in Section
132105-100 for the service of the notice. The Secretary may
14issue an order that deviates from the board's report and is not
15required to provide the board with an explanation of the
16deviation.
17    (b) Within 20 days after the service required under
18subsection (a), the licensee or applicant may present to the
19Department a motion in writing for a rehearing. The written
20motion shall specify the particular grounds for a rehearing.
21If the licensee or applicant orders and pays for a transcript
22of the record as provided in Section 2105-115, the time
23elapsing thereafter and before the transcript is ready for
24delivery to the licensee or applicant shall not be counted as
25part of the 20 days.

 

 

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1(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
 
2    Section 15. The Massage Licensing Act is amended by
3changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by
4adding Section 12 as follows:
 
5    (225 ILCS 57/1)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 1. Short title. This Act may be cited as the Massage
8Therapy Practice Licensing Act.
9(Source: P.A. 92-860, eff. 6-1-03.)
 
10    (225 ILCS 57/10)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 10. Definitions. As used in this Act:
13    "Address of Record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit. It is the duty of the applicant or
17licensee to inform the Department of any change of address and
18those changes must be made either through the Department's
19website or by contacting the Department.
20    "Approved massage school" means a facility which meets
21minimum standards for training and curriculum as determined by
22the Department.
23    "Board" means the Massage Licensing Board appointed by the

 

 

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1Secretary.
2    "Compensation" means the payment, loan, advance, donation,
3contribution, deposit, or gift of money or anything of value.
4    "Department" means the Department of Financial and
5Professional Regulation.
6    "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the licensee's license file, as maintained
9by the Department's licensure maintenance unit.
10    "Massage" or "massage therapy" means a system of
11structured palpation or movement of the soft tissue of the
12body. The system may include, but is not limited to,
13techniques such as effleurage or stroking and gliding,
14petrissage or kneading, tapotement or percussion, friction,
15vibration, compression, and stretching activities as they
16pertain to massage therapy. These techniques may be applied by
17a licensed massage therapist with or without the aid of
18lubricants, salt or herbal preparations, hydromassage, thermal
19massage, or a massage device that mimics or enhances the
20actions possible by human hands. The purpose of the practice
21of massage, as licensed under this Act, is to enhance the
22general health and well-being of the mind and body of the
23recipient. "Massage" does not include the diagnosis of a
24specific pathology. "Massage" does not include those acts of
25physical therapy or therapeutic or corrective measures that
26are outside the scope of massage therapy practice as defined

 

 

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1in this Section.
2    "Massage therapist" means a person who is licensed by the
3Department and administers massage for compensation.
4    "Professional massage or bodywork therapy association"
5means a state or nationally chartered organization that is
6devoted to the massage specialty and therapeutic approach and
7meets the following requirements:
8        (1) The organization requires that its members meet
9    minimum educational requirements. The educational
10    requirements must include anatomy, physiology, hygiene,
11    sanitation, ethics, technical theory, and application of
12    techniques.
13        (2) The organization has an established code of ethics
14    and has procedures for the suspension and revocation of
15    membership of persons violating the code of ethics.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation.
18(Source: P.A. 97-514, eff. 8-23-11.)
 
19    (225 ILCS 57/12 new)
20    Sec. 12. Address of record; email address of record. All
21applicants and licensees shall:
22        (1) provide a valid address and email address to the
23    Department, which shall serve as the address of record and
24    email address of record, respectively, at the time of
25    application for licensure or renewal of a license; and

 

 

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1        (2) inform the Department of any change of address of
2    record or email address of record within 14 days after
3    such change either through the Department's website or by
4    contacting the Department's licensure maintenance unit.
 
5    (225 ILCS 57/15)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 15. Licensure requirements.
8    (a) Persons engaged in massage for compensation must be
9licensed by the Department. The Department shall issue a
10license to an individual who meets all of the following
11requirements:
12        (1) The applicant has applied in writing on the
13    prescribed forms and has paid the required fees.
14        (2) The applicant is at least 18 years of age and of
15    good moral character. In determining good moral character,
16    the Department may take into consideration conviction of
17    any crime under the laws of the United States or any state
18    or territory thereof that is a felony or a misdemeanor or
19    any crime that is directly related to the practice of the
20    profession. Such a conviction shall not operate
21    automatically as a complete bar to a license, except in
22    the case of any conviction for prostitution, rape, or
23    sexual misconduct, or where the applicant is a registered
24    sex offender.
25        (3) The applicant has met one of the following

 

 

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1    requirements: (A) has successfully completed a massage
2    therapy program approved by the Department that requires a
3    minimum of 500 hours, except applicants applying on or
4    after January 1, 2014 shall meet a minimum requirement of
5    600 hours, and has passed a competency examination
6    approved by the Department. ; (B) holds a current license
7    from another jurisdiction having licensure requirements
8    that include the completion of a massage therapy program
9    of at least 500 hours; or (C) (blank).
10    (b) Each applicant for licensure as a massage therapist
11shall have his or her fingerprints submitted to the Department
12of State Police in an electronic format that complies with the
13form and manner for requesting and furnishing criminal history
14record information as prescribed by the Department of State
15Police. These fingerprints shall be checked against the
16Department of State Police and Federal Bureau of Investigation
17criminal history record databases now and hereafter filed. The
18Department of State Police shall charge applicants a fee for
19conducting the criminal history records check, which shall be
20deposited into the State Police Services Fund and shall not
21exceed the actual cost of the records check. The Department of
22State Police shall furnish, pursuant to positive
23identification, records of Illinois convictions to the
24Department. The Department may require applicants to pay a
25separate fingerprinting fee, either to the Department or to a
26vendor. The Department, in its discretion, may allow an

 

 

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1applicant who does not have reasonable access to a designated
2vendor to provide his or her fingerprints in an alternative
3manner. The Department may adopt any rules necessary to
4implement this Section.
5(Source: P.A. 97-514, eff. 8-23-11.)
 
6    (225 ILCS 57/25)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 25. Exemptions.
9    (a) This Act does not prohibit a person licensed under any
10other Act in this State from engaging in the practice for which
11he or she is licensed.
12    (b) Persons exempted under this Section include, but are
13not limited to, physicians, podiatric physicians, naprapaths,
14and physical therapists.
15    (c) Nothing in this Act prohibits qualified members of
16other professional groups, including but not limited to
17nurses, occupational therapists, cosmetologists, and
18estheticians, from performing massage in a manner consistent
19with their training and the code of ethics of their respective
20professions.
21    (d) Nothing in this Act prohibits a student of an approved
22massage school or program from performing massage, provided
23that the student does not hold himself or herself out as a
24licensed massage therapist and does not receive compensation,
25including tips, for massage therapy services.

 

 

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1    (e) Nothing in this Act prohibits practitioners that do
2not involve intentional soft tissue manipulation, including
3but not limited to Alexander Technique, Feldenkrais, Reike,
4and Therapeutic Touch, from practicing.
5    (f) Practitioners of certain service marked bodywork
6approaches that do involve intentional soft tissue
7manipulation, including but not limited to Rolfing, Trager
8Approach, Polarity Therapy, and Orthobionomy, are exempt from
9this Act if they are approved by their governing body based on
10a minimum level of training, demonstration of competency, and
11adherence to ethical standards.
12    (g) Until January 1, 2024 2020, practitioners of Asian
13bodywork approaches are exempt from this Act if they are
14members of the American Organization for of Bodywork Therapies
15of Asia are exempt from licensure under this Act as certified
16practitioners or if they are approved by an Asian bodywork
17organization based on a minimum level of training,
18demonstration of competency, and adherence to ethical
19standards set by their governing body.
20    (h) Practitioners of other forms of bodywork who restrict
21manipulation of soft tissue to the feet, hands, and ears, and
22who do not have the client disrobe, such as reflexology, are
23exempt from this Act.
24    (i) Nothing in this Act applies to massage therapists from
25other states or countries when providing educational programs
26or services for a period not exceeding 30 days within a

 

 

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1calendar year.
2    (j) Nothing in this Act prohibits a person from treating
3ailments by spiritual means through prayer alone in accordance
4with the tenets and practices of a recognized church or
5religious denomination.
6    (k) Nothing in this Act applies to the practice of massage
7therapy by a person either actively licensed as a massage
8therapist in another state or currently certified by the
9National Certification Board of Therapeutic Massage and
10Bodywork or other national certifying body if said person's
11state does not license massage therapists, if he or she is
12performing his or her duties for a Department-approved
13educational program for less than 30 days in a calendar year, a
14Department-approved continuing education program for less than
1530 days in a calendar year, a non-Illinois based team or
16professional organization, or for a national athletic event
17held in this State, so long as he or she restricts his or her
18practice to his or her team or organization or to event
19participants during the course of his or her team's or
20organization's stay in this State or for the duration of the
21event.
22(Source: P.A. 101-421, eff. 8-16-19.)
 
23    (225 ILCS 57/32)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 32. Display. Every holder of a license shall display

 

 

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1it, or a copy, in a conspicuous place in the holder's principal
2office or any other location where the holder renders massage
3therapy services. Every displayed license shall have the
4license number visible.
5(Source: P.A. 97-514, eff. 8-23-11.)
 
6    (225 ILCS 57/45)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 45. Grounds for discipline.
9    (a) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action, as the Department
12considers appropriate, including the imposition of fines not
13to exceed $10,000 for each violation, with regard to any
14license or licensee for any one or more of the following:
15        (1) violations of this Act or of the rules adopted
16    under this Act;
17        (2) conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or by
19    sentencing of any crime, including, but not limited to,
20    convictions, preceding sentences of supervision,
21    conditional discharge, or first offender probation, under
22    the laws of any jurisdiction of the United States: (i)
23    that is a felony; or (ii) that is a misdemeanor, an
24    essential element of which is dishonesty, or that is
25    directly related to the practice of the profession;

 

 

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1        (3) professional incompetence;
2        (4) advertising in a false, deceptive, or misleading
3    manner, including failing to use the massage therapist's
4    own license number in an advertisement;
5        (5) aiding, abetting, assisting, procuring, advising,
6    employing, or contracting with any unlicensed person to
7    practice massage contrary to any rules or provisions of
8    this Act;
9        (6) engaging in immoral conduct in the commission of
10    any act, such as sexual abuse, sexual misconduct, or
11    sexual exploitation, related to the licensee's practice;
12        (7) engaging in dishonorable, unethical, or
13    unprofessional conduct of a character likely to deceive,
14    defraud, or harm the public;
15        (8) practicing or offering to practice beyond the
16    scope permitted by law or accepting and performing
17    professional responsibilities which the licensee knows or
18    has reason to know that he or she is not competent to
19    perform;
20        (9) knowingly delegating professional
21    responsibilities to a person unqualified by training,
22    experience, or licensure to perform;
23        (10) failing to provide information in response to a
24    written request made by the Department within 60 days;
25        (11) having a habitual or excessive use of or
26    addiction to alcohol, narcotics, stimulants, or any other

 

 

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

 

 

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

 

 

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1Registration Act and any such conviction shall operate as a
2permanent bar in the State of Illinois to practice as a massage
3therapist.
4    (d) The Department may refuse to issue or may suspend the
5license of any person who fails to file a tax return, to pay
6the tax, penalty, or interest shown in a filed tax return, or
7to pay any final assessment of tax, penalty, or interest, as
8required by any tax Act administered by the Illinois
9Department of Revenue, until such time as the requirements of
10the tax Act are satisfied in accordance with subsection (g) of
11Section 2105-15 of the Civil Administrative Code of Illinois.
12    (e) (Blank).
13    (f) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person
20based solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance
22with item (5) of subsection (a) of Section 2105-15 of the Civil
23Administrative Code of Illinois.
24    (g) The determination by a circuit court that a licensee
25is subject to involuntary admission or judicial admission, as
26provided in the Mental Health and Developmental Disabilities

 

 

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1Code, operates as an automatic suspension. The suspension will
2end only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and the issuance of a court order so finding and discharging
5the patient.
6    (h) In enforcing this Act, the Department or Board, upon a
7showing of a possible violation, may compel an individual
8licensed to practice under this Act, or who has applied for
9licensure under this Act, to submit to a mental or physical
10examination, or both, as required by and at the expense of the
11Department. The Department or Board may order the examining
12physician to present testimony concerning the mental or
13physical examination of the licensee or applicant. No
14information shall be excluded by reason of any common law or
15statutory privilege relating to communications between the
16licensee or applicant and the examining physician. The
17examining physicians shall be specifically designated by the
18Board or Department. The individual to be examined may have,
19at his or her own expense, another physician of his or her
20choice present during all aspects of this examination. The
21examination shall be performed by a physician licensed to
22practice medicine in all its branches. Failure of an
23individual to submit to a mental or physical examination, when
24directed, shall result in an automatic suspension without
25hearing.
26    A person holding a license under this Act or who has

 

 

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

 

 

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1confidentiality of medical records.
2    An individual licensed under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate
4to the Department or Board that he or she can resume practice
5in compliance with acceptable and prevailing standards under
6the provisions of his or her license.
7(Source: P.A. 100-872, eff. 8-14-18.)
 
8    (225 ILCS 57/50)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 50. Advertising. It is a misdemeanor for any person,
11organization, or corporation to advertise massage services
12unless the person providing the service holds a valid license
13under this Act, except for those excluded licensed
14professionals who are allowed to include massage in their
15scope of practice. A massage therapist may not advertise
16unless he or she has a current license issued by this State. A
17massage therapist shall include the current license number
18issued by the Department on all advertisements in accordance
19with paragraph (4) of subsection (a) of Section 45.
20"Advertise" as used in this Section includes, but is not
21limited to, the issuance of any card, sign, or device to any
22person; the causing, permitting, or allowing of any sign or
23marking on or in any building, vehicle, or structure;
24advertising in any newspaper or magazine; any listing or
25advertising in any directory under a classification or heading

 

 

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1that includes the words "massage", "massage therapist",
2"therapeutic massage", or "massage therapeutic"; or
3commercials broadcast by any means.
4(Source: P.A. 92-860, eff. 6-1-03.)
 
5    (225 ILCS 57/60)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 60. Illinois Administrative Procedure Act. The
8Illinois Administrative Procedure Act is hereby expressly
9adopted and incorporated herein as if all of the provisions of
10that Act were included in this Act, except that the provision
11of subsection (d) of Section 10-65 of the Illinois
12Administrative Procedure Act that provides that at hearings
13the licensee has the right to show compliance with all lawful
14requirements for retention, continuation, or renewal of the
15license is specifically excluded. For the purposes of this Act
16the notice required under Section 10-25 of the Illinois
17Administrative Procedure Act is deemed sufficient when mailed
18to the address of record or emailed to the email address of
19record of a party.
20(Source: P.A. 97-514, eff. 8-23-11.)
 
21    (225 ILCS 57/95)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 95. Investigations; notice and hearing. The
24Department may investigate the actions of any applicant or of

 

 

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1any person or persons rendering or offering to render massage
2therapy services or any person holding or claiming to hold a
3license as a massage therapist. The Department shall, before
4refusing to issue or renew a license or to discipline a
5licensee under Section 45, at least 30 days prior to the date
6set for the hearing, (i) notify the accused in writing of the
7charges made and the time and place for the hearing on the
8charges, (ii) direct him or her to file a written answer with
9the Department under oath within 20 days after the service of
10the notice, and (iii) inform the applicant or licensee that
11failure to file an answer will result in a default judgment
12being entered against the applicant or licensee. At the time
13and place fixed in the notice, the Department shall proceed to
14hear the charges and the parties of their counsel shall be
15accorded ample opportunity to present any pertinent
16statements, testimony, evidence, and arguments. The Department
17may continue the hearing from time to time. In case the person,
18after receiving the notice, fails to file an answer, his or her
19license may, in the discretion of the Department, be revoked,
20suspended, placed on probationary status, or the Department
21may take whatever disciplinary actions considered proper,
22including limiting the scope, nature, or extent of the
23person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for that action under the Act. The written notice may
26be served by personal delivery, or by certified mail to the

 

 

10200HB0806sam001- 23 -LRB102 02614 SPS 26970 a

1accused's address of record, or by email to the accused's
2email address of record.
3(Source: P.A. 97-514, eff. 8-23-11.)
 
4    Section 20. The Medical Practice Act of 1987 is amended by
5changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,
622, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and
7by adding Sections 7.1 and 7.2 as follows:
 
8    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 2. Definitions. For purposes of this Act, the
11following definitions shall have the following meanings,
12except where the context requires otherwise:
13    "Act" means the Medical Practice Act of 1987.
14    "Address of record" means the designated address recorded
15by the Department in the applicant's or licensee's application
16file or license file as maintained by the Department's
17licensure maintenance unit.
18    "Chiropractic physician" means a person licensed to treat
19human ailments without the use of drugs and without operative
20surgery. Nothing in this Act shall be construed to prohibit a
21chiropractic physician from providing advice regarding the use
22of non-prescription products or from administering atmospheric
23oxygen. Nothing in this Act shall be construed to authorize a
24chiropractic physician to prescribe drugs.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Disciplinary action" means revocation, suspension,
4probation, supervision, practice modification, reprimand,
5required education, fines or any other action taken by the
6Department against a person holding a license.
7    "Disciplinary Board" means the Medical Disciplinary Board.
8    "Email address of record" means the designated email
9address recorded by the Department in the applicant's
10application file or the licensee's license file, as maintained
11by the Department's licensure maintenance unit.
12    "Final determination" means the governing body's final
13action taken under the procedure followed by a health care
14institution, or professional association or society, against
15any person licensed under the Act in accordance with the
16bylaws or rules and regulations of such health care
17institution, or professional association or society.
18    "Fund" means the Illinois State Medical Disciplinary Fund.
19    "Impaired" means the inability to practice medicine with
20reasonable skill and safety due to physical or mental
21disabilities as evidenced by a written determination or
22written consent based on clinical evidence including
23deterioration through the aging process or loss of motor
24skill, or abuse of drugs or alcohol, of sufficient degree to
25diminish a person's ability to deliver competent patient care.
26    "Licensing Board" means the Medical Licensing Board.

 

 

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1    "Medical Board" means the Illinois State Medical Board.
2    "Physician" means a person licensed under the Medical
3Practice Act to practice medicine in all of its branches or a
4chiropractic physician.
5    "Professional association" means an association or society
6of persons licensed under this Act, and operating within the
7State of Illinois, including but not limited to, medical
8societies, osteopathic organizations, and chiropractic
9organizations, but this term shall not be deemed to include
10hospital medical staffs.
11    "Program of care, counseling, or treatment" means a
12written schedule of organized treatment, care, counseling,
13activities, or education, satisfactory to the Medical
14Disciplinary Board, designed for the purpose of restoring an
15impaired person to a condition whereby the impaired person can
16practice medicine with reasonable skill and safety of a
17sufficient degree to deliver competent patient care.
18    "Reinstate" means to change the status of a license from
19inactive or nonrenewed status to active status.
20    "Restore" means to remove an encumbrance from a license
21due to probation, suspension, or revocation.
22    "Secretary" means the Secretary of the Department of
23Financial and Professional Regulation.
24(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
 
25    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 7. Medical Disciplinary Board.
3    (A) There is hereby created the Illinois State Medical
4Disciplinary Board. The Disciplinary Board shall consist of 11
5members, to be appointed by the Governor by and with the advice
6and consent of the Senate. All members shall be residents of
7the State, not more than 6 of whom shall be members of the same
8political party. All members shall be voting members. Five
9members shall be physicians licensed to practice medicine in
10all of its branches in Illinois possessing the degree of
11doctor of medicine. One member shall be a physician licensed
12to practice medicine in all its branches in Illinois
13possessing the degree of doctor of osteopathy or osteopathic
14medicine. One member shall be a chiropractic physician
15licensed to practice in Illinois and possessing the degree of
16doctor of chiropractic. Four members shall be members of the
17public, who shall not be engaged in any way, directly or
18indirectly, as providers of health care.
19    (B) Members of the Disciplinary Board shall be appointed
20for terms of 4 years. Upon the expiration of the term of any
21member, their successor shall be appointed for a term of 4
22years by the Governor by and with the advice and consent of the
23Senate. The Governor shall fill any vacancy for the remainder
24of the unexpired term with the advice and consent of the
25Senate. Upon recommendation of the Board, any member of the
26Disciplinary Board may be removed by the Governor for

 

 

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1misfeasance, malfeasance, or wilful neglect of duty, after
2notice, and a public hearing, unless such notice and hearing
3shall be expressly waived in writing. Each member shall serve
4on the Disciplinary Board until their successor is appointed
5and qualified. No member of the Disciplinary Board shall serve
6more than 2 consecutive 4 year terms.
7    In making appointments the Governor shall attempt to
8insure that the various social and geographic regions of the
9State of Illinois are properly represented.
10    In making the designation of persons to act for the
11several professions represented on the Disciplinary Board, the
12Governor shall give due consideration to recommendations by
13members of the respective professions and by organizations
14therein.
15    (C) The Disciplinary Board shall annually elect one of its
16voting members as chairperson and one as vice chairperson. No
17officer shall be elected more than twice in succession to the
18same office. Each officer shall serve until their successor
19has been elected and qualified.
20    (D) (Blank).
21    (E) Six voting members of the Disciplinary Board, at least
224 of whom are physicians, shall constitute a quorum. A vacancy
23in the membership of the Disciplinary Board shall not impair
24the right of a quorum to exercise all the rights and perform
25all the duties of the Disciplinary Board. Any action taken by
26the Disciplinary Board under this Act may be authorized by

 

 

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1resolution at any regular or special meeting and each such
2resolution shall take effect immediately. The Disciplinary
3Board shall meet at least quarterly.
4    (F) Each member, and member-officer, of the Disciplinary
5Board shall receive a per diem stipend as the Secretary shall
6determine. Each member shall be paid their necessary expenses
7while engaged in the performance of their duties.
8    (G) The Secretary shall select a Chief Medical Coordinator
9and not less than 2 Deputy Medical Coordinators who shall not
10be members of the Disciplinary Board. Each medical coordinator
11shall be a physician licensed to practice medicine in all of
12its branches, and the Secretary shall set their rates of
13compensation. The Secretary shall assign at least one medical
14coordinator to a region composed of Cook County and such other
15counties as the Secretary may deem appropriate, and such
16medical coordinator or coordinators shall locate their office
17in Chicago. The Secretary shall assign at least one medical
18coordinator to a region composed of the balance of counties in
19the State, and such medical coordinator or coordinators shall
20locate their office in Springfield. The Chief Medical
21Coordinator shall be the chief enforcement officer of this
22Act. None of the functions, powers, or duties of the
23Department with respect to policies regarding enforcement or
24discipline under this Act, including the adoption of such
25rules as may be necessary for the administration of this Act,
26shall be exercised by the Department except upon review of the

 

 

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1Disciplinary Board.
2    The Secretary shall employ, in conformity with the
3Personnel Code, investigators who are college graduates with
4at least 2 years of investigative experience or one year of
5advanced medical education. Upon the written request of the
6Disciplinary Board, the Secretary shall employ, in conformity
7with the Personnel Code, such other professional, technical,
8investigative, and clerical help, either on a full or
9part-time basis as the Disciplinary Board deems necessary for
10the proper performance of its duties.
11    (H) Upon the specific request of the Disciplinary Board,
12signed by either the chairperson, vice chairperson, or a
13medical coordinator of the Disciplinary Board, the Department
14of Human Services, the Department of Healthcare and Family
15Services, the Department of State Police, or any other law
16enforcement agency located in this State shall make available
17any and all information that they have in their possession
18regarding a particular case then under investigation by the
19Disciplinary Board.
20    (I) Members of the Disciplinary Board shall be immune from
21suit in any action based upon any disciplinary proceedings or
22other acts performed in good faith as members of the
23Disciplinary Board.
24    (J) The Disciplinary Board may compile and establish a
25statewide roster of physicians and other medical
26professionals, including the several medical specialties, of

 

 

10200HB0806sam001- 30 -LRB102 02614 SPS 26970 a

1such physicians and medical professionals, who have agreed to
2serve from time to time as advisors to the medical
3coordinators. Such advisors shall assist the medical
4coordinators or the Disciplinary Board in their investigations
5and participation in complaints against physicians. Such
6advisors shall serve under contract and shall be reimbursed at
7a reasonable rate for the services provided, plus reasonable
8expenses incurred. While serving in this capacity, the
9advisor, for any act undertaken in good faith and in the
10conduct of his or her duties under this Section, shall be
11immune from civil suit.
12    (K) This Section is inoperative when a majority of the
13Medical Board is appointed. This Section is repealed one year
14after the effective date of this amendatory Act of the 102nd
15General Assembly.
16(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
17    (225 ILCS 60/7.1 new)
18    Sec. 7.1. Medical Board.
19    (A) There is hereby created the Illinois State Medical
20Board. The Medical Board shall consist of 17 members, to be
21appointed by the Governor by and with the advice and consent of
22the Senate. All members shall be residents of the State, not
23more than 8 of whom shall be members of the same political
24party. All members shall be voting members. Eight members
25shall be physicians licensed to practice medicine in all of

 

 

10200HB0806sam001- 31 -LRB102 02614 SPS 26970 a

1its branches in Illinois possessing the degree of doctor of
2medicine. Two members shall be physicians licensed to practice
3medicine in all its branches in Illinois possessing the degree
4of doctor of osteopathy or osteopathic medicine. Two of the
5physician members shall be physicians who collaborate with
6physician assistants. Two members shall be chiropractic
7physicians licensed to practice in Illinois and possessing the
8degree of doctor of chiropractic. Two members shall be
9physician assistants licensed to practice in Illinois. Three
10members shall be members of the public, who shall not be
11engaged in any way, directly or indirectly, as providers of
12health care.
13    (B) Members of the Medical Board shall be appointed for
14terms of 4 years. Upon the expiration of the term of any
15member, their successor shall be appointed for a term of 4
16years by the Governor by and with the advice and consent of the
17Senate. The Governor shall fill any vacancy for the remainder
18of the unexpired term with the advice and consent of the
19Senate. Upon recommendation of the Medical Board, any member
20of the Medical Board may be removed by the Governor for
21misfeasance, malfeasance, or willful neglect of duty, after
22notice, and a public hearing, unless such notice and hearing
23shall be expressly waived in writing. Each member shall serve
24on the Medical Board until their successor is appointed and
25qualified. No member of the Medical Board shall serve more
26than 2 consecutive 4-year terms.

 

 

10200HB0806sam001- 32 -LRB102 02614 SPS 26970 a

1    In making appointments the Governor shall attempt to
2ensure that the various social and geographic regions of the
3State of Illinois are properly represented.
4    In making the designation of persons to act for the
5several professions represented on the Medical Board, the
6Governor shall give due consideration to recommendations by
7members of the respective professions and by organizations
8therein.
9    (C) The Medical Board shall annually elect one of its
10voting members as chairperson and one as vice chairperson. No
11officer shall be elected more than twice in succession to the
12same office. Each officer shall serve until their successor
13has been elected and qualified.
14    (D) A majority of the Medical Board members currently
15appointed shall constitute a quorum. A vacancy in the
16membership of the Medical Board shall not impair the right of a
17quorum to exercise all the rights and perform all the duties of
18the Medical Board. Any action taken by the Medical Board under
19this Act may be authorized by resolution at any regular or
20special meeting and each such resolution shall take effect
21immediately. The Medical Board shall meet at least quarterly.
22    (E) Each member shall be paid their necessary expenses
23while engaged in the performance of their duties.
24    (F) The Secretary shall select a Chief Medical Coordinator
25and not less than 2 Deputy Medical Coordinators who shall not
26be members of the Medical Board. Each medical coordinator

 

 

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1shall be a physician licensed to practice medicine in all of
2its branches, and the Secretary shall set their rates of
3compensation. The Secretary shall assign at least one medical
4coordinator to a region composed of Cook County and such other
5counties as the Secretary may deem appropriate, and such
6medical coordinator or coordinators shall locate their office
7in Chicago. The Secretary shall assign at least one medical
8coordinator to a region composed of the balance of counties in
9the State, and such medical coordinator or coordinators shall
10locate their office in Springfield. The Chief Medical
11Coordinator shall be the chief enforcement officer of this
12Act. None of the functions, powers, or duties of the
13Department with respect to policies regarding enforcement or
14discipline under this Act, including the adoption of such
15rules as may be necessary for the administration of this Act,
16shall be exercised by the Department except upon review of the
17Medical Board.
18    (G) The Secretary shall employ, in conformity with the
19Personnel Code, investigators who are college graduates with
20at least 2 years of investigative experience or one year of
21advanced medical education. Upon the written request of the
22Medical Board, the Secretary shall employ, in conformity with
23the Personnel Code, such other professional, technical,
24investigative, and clerical help, either on a full or
25part-time basis as the Medical Board deems necessary for the
26proper performance of its duties.

 

 

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1    (H) Upon the specific request of the Medical Board, signed
2by either the chairperson, vice chairperson, or a medical
3coordinator of the Medical Board, the Department of Human
4Services, the Department of Healthcare and Family Services,
5the Department of State Police, or any other law enforcement
6agency located in this State shall make available any and all
7information that they have in their possession regarding a
8particular case then under investigation by the Medical Board.
9    (I) Members of the Medical Board shall be immune from suit
10in any action based upon any disciplinary proceedings or other
11acts performed in good faith as members of the Medical Board.
12    (J) The Medical Board may compile and establish a
13statewide roster of physicians and other medical
14professionals, including the several medical specialties, of
15such physicians and medical professionals, who have agreed to
16serve from time to time as advisors to the medical
17coordinators. Such advisors shall assist the medical
18coordinators or the Medical Board in their investigations and
19participation in complaints against physicians. Such advisors
20shall serve under contract and shall be reimbursed at a
21reasonable rate for the services provided, plus reasonable
22expenses incurred. While serving in this capacity, the
23advisor, for any act undertaken in good faith and in the
24conduct of his or her duties under this Section, shall be
25immune from civil suit.
 

 

 

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1    (225 ILCS 60/7.2 new)
2    Sec. 7.2. Medical Board appointment. All members of the
3Medical Licensing Board and the Medical Disciplinary Board
4shall serve as members of the Medical Board. A majority of the
5Medical Board members shall be appointed within 260 days after
6the effective date of this amendatory Act of the 102nd General
7Assembly. The Medical Licensing Board and Medical Disciplinary
8Board shall exercise all functions, powers, and duties
9enumerated in this Act to the Medical Board. All functions,
10powers, and duties enumerated in this Act to the Medical
11Licensing Board and Medical Disciplinary Board shall dissolve
12at such time when a majority of the Medical Board is appointed.
13This Section is repealed one year after the effective date of
14this amendatory Act of the 102nd General Assembly.
 
15    (225 ILCS 60/7.5)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 7.5. Complaint Committee.
18    (a) There shall be a Complaint Committee of the Medical
19Disciplinary Board composed of at least one of the medical
20coordinators established by subsection (G) of Section 7 of
21this Act, the Chief of Medical Investigations (person employed
22by the Department who is in charge of investigating complaints
23against physicians and physician assistants), the Chief of
24Medical Prosecutions (the person employed by the Department
25who is in charge of prosecuting formal complaints against

 

 

10200HB0806sam001- 36 -LRB102 02614 SPS 26970 a

1physicians and physician assistants), and at least 3 members
2of the Medical Disciplinary Board (at least 2 of whom shall be
3physicians) designated by the Chairperson of the Medical
4Disciplinary Board with the approval of the Medical
5Disciplinary Board.
6    (b) The Complaint Committee shall meet at least twice a
7month to exercise its functions and duties set forth in
8subsection (c) below. At least 2 members of the Medical
9Disciplinary Board shall be in attendance in order for any
10business to be transacted by the Complaint Committee. The
11Complaint Committee shall make every effort to consider
12expeditiously and take prompt action on each item on its
13agenda.
14    (c) The Complaint Committee shall have the following
15duties and functions:
16        (1) To recommend to the Medical Disciplinary Board
17    that a complaint file be closed.
18        (2) To refer a complaint file to the office of the
19    Chief of Medical Prosecutions for review.
20        (3) To make a decision in conjunction with the Chief
21    of Medical Prosecutions regarding action to be taken on a
22    complaint file.
23    (d) In determining what action to take or whether to
24proceed with prosecution of a complaint, the Complaint
25Committee shall consider, but not be limited to, the following
26factors: sufficiency of the evidence presented, prosecutorial

 

 

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1merit under Section 22 of this Act, any recommendation made by
2the Department, and insufficient cooperation from complaining
3parties.
4    (e) Notwithstanding any provision of this Act, the
5Department may close a complaint, after investigation and
6approval of the Chief Medical Coordinator without review of
7the Complaint Committee, in which the allegations of the
8complaint if proven would not constitute a violation of the
9Act, there is insufficient evidence to prove a violation of
10the Act, or there is insufficient cooperation from complaining
11parties, as determined by the Department.
12(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
13    (225 ILCS 60/8)  (from Ch. 111, par. 4400-8)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 8. Medical Licensing Board.
16    (A) There is hereby created a Medical Licensing Board. The
17Licensing Board shall be composed of 7 members, to be
18appointed by the Governor by and with the advice and consent of
19the Senate; 5 of whom shall be reputable physicians licensed
20to practice medicine in all of its branches in Illinois,
21possessing the degree of doctor of medicine; one member shall
22be a reputable physician licensed in Illinois to practice
23medicine in all of its branches, possessing the degree of
24doctor of osteopathy or osteopathic medicine; and one member
25shall be a reputable chiropractic physician licensed to

 

 

10200HB0806sam001- 38 -LRB102 02614 SPS 26970 a

1practice in Illinois and possessing the degree of doctor of
2chiropractic. Of the 5 members holding the degree of doctor of
3medicine, one shall be a full-time or part-time teacher of
4professorial rank in the clinical department of an Illinois
5school of medicine.
6    (B) Members of the Licensing Board shall be appointed for
7terms of 4 years, and until their successors are appointed and
8qualified. Appointments to fill vacancies shall be made in the
9same manner as original appointments, for the unexpired
10portion of the vacated term. No more than 4 members of the
11Licensing Board shall be members of the same political party
12and all members shall be residents of this State. No member of
13the Licensing Board may be appointed to more than 2 successive
144 year terms.
15    (C) Members of the Licensing Board shall be immune from
16suit in any action based upon any licensing proceedings or
17other acts performed in good faith as members of the Licensing
18Board.
19    (D) (Blank).
20    (E) The Licensing Board shall annually elect one of its
21members as chairperson and one as vice chairperson. No member
22shall be elected more than twice in succession to the same
23office. Each officer shall serve until his or her successor
24has been elected and qualified.
25    (F) None of the functions, powers or duties of the
26Department with respect to policies regarding licensure and

 

 

10200HB0806sam001- 39 -LRB102 02614 SPS 26970 a

1examination under this Act, including the promulgation of such
2rules as may be necessary for the administration of this Act,
3shall be exercised by the Department except upon review of the
4Licensing Board.
5    (G) The Licensing Board shall receive the same
6compensation as the members of the Disciplinary Board, which
7compensation shall be paid out of the Illinois State Medical
8Disciplinary Fund.
9    (H) This Section is inoperative when a majority of the
10Medical Board is appointed. This Section is repealed one year
11after the effective date of this amendatory Act of the 102nd
12General Assembly.
13(Source: P.A. 97-622, eff. 11-23-11.)
 
14    (225 ILCS 60/8.1)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 8.1. Matters concerning advanced practice registered
17nurses. Any proposed rules, amendments, second notice
18materials and adopted rule or amendment materials, and policy
19statements concerning advanced practice registered nurses
20shall be presented to the Medical Licensing Board for review
21and comment. The recommendations of both the Board of Nursing
22and the Medical Licensing Board shall be presented to the
23Secretary for consideration in making final decisions.
24Whenever the Board of Nursing and the Medical Licensing Board
25disagree on a proposed rule or policy, the Secretary shall

 

 

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1convene a joint meeting of the officers of each Board to
2discuss the resolution of any such disagreements.
3(Source: P.A. 100-513, eff. 1-1-18.)
 
4    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 9. Application for license. Each applicant for a
7license shall:
8        (A) Make application on blank forms prepared and
9    furnished by the Department.
10        (B) Submit evidence satisfactory to the Department
11    that the applicant:
12            (1) is of good moral character. In determining
13        moral character under this Section, the Department may
14        take into consideration whether the applicant has
15        engaged in conduct or activities which would
16        constitute grounds for discipline under this Act. The
17        Department may also request the applicant to submit,
18        and may consider as evidence of moral character,
19        endorsements from 2 or 3 individuals licensed under
20        this Act;
21            (2) has the preliminary and professional education
22        required by this Act;
23            (3) (blank); and
24            (4) is physically, mentally, and professionally
25        capable of practicing medicine with reasonable

 

 

10200HB0806sam001- 41 -LRB102 02614 SPS 26970 a

1        judgment, skill, and safety. In determining physical
2        and mental capacity under this Section, the Medical
3        Licensing Board may, upon a showing of a possible
4        incapacity or conduct or activities that would
5        constitute grounds for discipline under this Act,
6        compel any applicant to submit to a mental or physical
7        examination and evaluation, or both, as provided for
8        in Section 22 of this Act. The Medical Licensing Board
9        may condition or restrict any license, subject to the
10        same terms and conditions as are provided for the
11        Medical Disciplinary Board under Section 22 of this
12        Act. Any such condition of a restricted license shall
13        provide that the Chief Medical Coordinator or Deputy
14        Medical Coordinator shall have the authority to review
15        the subject physician's compliance with such
16        conditions or restrictions, including, where
17        appropriate, the physician's record of treatment and
18        counseling regarding the impairment, to the extent
19        permitted by applicable federal statutes and
20        regulations safeguarding the confidentiality of
21        medical records of patients.
22        In determining professional capacity under this
23    Section, an individual may be required to complete such
24    additional testing, training, or remedial education as the
25    Medical Licensing Board may deem necessary in order to
26    establish the applicant's present capacity to practice

 

 

10200HB0806sam001- 42 -LRB102 02614 SPS 26970 a

1    medicine with reasonable judgment, skill, and safety. The
2    Medical Licensing Board may consider the following
3    criteria, as they relate to an applicant, as part of its
4    determination of professional capacity:
5            (1) Medical research in an established research
6        facility, hospital, college or university, or private
7        corporation.
8            (2) Specialized training or education.
9            (3) Publication of original work in learned,
10        medical, or scientific journals.
11            (4) Participation in federal, State, local, or
12        international public health programs or organizations.
13            (5) Professional service in a federal veterans or
14        military institution.
15            (6) Any other professional activities deemed to
16        maintain and enhance the clinical capabilities of the
17        applicant.
18        Any applicant applying for a license to practice
19    medicine in all of its branches or for a license as a
20    chiropractic physician who has not been engaged in the
21    active practice of medicine or has not been enrolled in a
22    medical program for 2 years prior to application must
23    submit proof of professional capacity to the Medical
24    Licensing Board.
25        Any applicant applying for a temporary license that
26    has not been engaged in the active practice of medicine or

 

 

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1    has not been enrolled in a medical program for longer than
2    5 years prior to application must submit proof of
3    professional capacity to the Medical Licensing Board.
4        (C) Designate specifically the name, location, and
5    kind of professional school, college, or institution of
6    which the applicant is a graduate and the category under
7    which the applicant seeks, and will undertake, to
8    practice.
9        (D) Pay to the Department at the time of application
10    the required fees.
11        (E) Pursuant to Department rules, as required, pass an
12    examination authorized by the Department to determine the
13    applicant's fitness to receive a license.
14        (F) Complete the application process within 3 years
15    from the date of application. If the process has not been
16    completed within 3 years, the application shall expire,
17    application fees shall be forfeited, and the applicant
18    must reapply and meet the requirements in effect at the
19    time of reapplication.
20(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
21    (225 ILCS 60/9.3)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 9.3. Withdrawal of application. Any applicant
24applying for a license or permit under this Act may withdraw
25his or her application at any time. If an applicant withdraws

 

 

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1his or her application after receipt of a written Notice of
2Intent to Deny License or Permit, then the withdrawal shall be
3reported to the Federation of State Medical Boards and the
4National Practitioner Data Bank.
5(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 17. Temporary license. Persons holding the degree of
9Doctor of Medicine, persons holding the degree of Doctor of
10Osteopathy or Doctor of Osteopathic Medicine, and persons
11holding the degree of Doctor of Chiropractic or persons who
12have satisfied the requirements therefor and are eligible to
13receive such degree from a medical, osteopathic, or
14chiropractic school, who wish to pursue programs of graduate
15or specialty training in this State, may receive without
16examination, in the discretion of the Department, a 3-year
17temporary license. In order to receive a 3-year temporary
18license hereunder, an applicant shall submit evidence
19satisfactory to the Department that the applicant:
20        (A) Is of good moral character. In determining moral
21    character under this Section, the Department may take into
22    consideration whether the applicant has engaged in conduct
23    or activities which would constitute grounds for
24    discipline under this Act. The Department may also request
25    the applicant to submit, and may consider as evidence of

 

 

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1    moral character, endorsements from 2 or 3 individuals
2    licensed under this Act;
3        (B) Has been accepted or appointed for specialty or
4    residency training by a hospital situated in this State or
5    a training program in hospitals or facilities maintained
6    by the State of Illinois or affiliated training facilities
7    which is approved by the Department for the purpose of
8    such training under this Act. The applicant shall indicate
9    the beginning and ending dates of the period for which the
10    applicant has been accepted or appointed;
11        (C) Has or will satisfy the professional education
12    requirements of Section 11 of this Act which are effective
13    at the date of application except for postgraduate
14    clinical training;
15        (D) Is physically, mentally, and professionally
16    capable of practicing medicine or treating human ailments
17    without the use of drugs and without operative surgery
18    with reasonable judgment, skill, and safety. In
19    determining physical, mental and professional capacity
20    under this Section, the Medical Licensing Board may, upon
21    a showing of a possible incapacity, compel an applicant to
22    submit to a mental or physical examination and evaluation,
23    or both, and may condition or restrict any temporary
24    license, subject to the same terms and conditions as are
25    provided for the Medical Disciplinary Board under Section
26    22 of this Act. Any such condition of restricted temporary

 

 

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1    license shall provide that the Chief Medical Coordinator
2    or Deputy Medical Coordinator shall have the authority to
3    review the subject physician's compliance with such
4    conditions or restrictions, including, where appropriate,
5    the physician's record of treatment and counseling
6    regarding the impairment, to the extent permitted by
7    applicable federal statutes and regulations safeguarding
8    the confidentiality of medical records of patients.
9    Three-year temporary licenses issued pursuant to this
10Section shall be valid only for the period of time designated
11therein, and may be extended or renewed pursuant to the rules
12of the Department, and if a temporary license is thereafter
13extended, it shall not extend beyond completion of the
14residency program. The holder of a valid 3-year temporary
15license shall be entitled thereby to perform only such acts as
16may be prescribed by and incidental to his or her program of
17residency training; he or she shall not be entitled to
18otherwise engage in the practice of medicine in this State
19unless fully licensed in this State.
20    A 3-year temporary license may be revoked or suspended by
21the Department upon proof that the holder thereof has engaged
22in the practice of medicine in this State outside of the
23program of his or her residency or specialty training, or if
24the holder shall fail to supply the Department, within 10 days
25of its request, with information as to his or her current
26status and activities in his or her specialty training

 

 

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1program. Such a revocation or suspension shall comply with the
2procedures set forth in subsection (d) of Section 37 of this
3Act.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
5    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 18. Visiting professor, physician, or resident
8permits.
9    (A) Visiting professor permit.
10        (1) A visiting professor permit shall entitle a person
11    to practice medicine in all of its branches or to practice
12    the treatment of human ailments without the use of drugs
13    and without operative surgery provided:
14            (a) the person maintains an equivalent
15        authorization to practice medicine in all of its
16        branches or to practice the treatment of human
17        ailments without the use of drugs and without
18        operative surgery in good standing in his or her
19        native licensing jurisdiction during the period of the
20        visiting professor permit;
21            (b) the person has received a faculty appointment
22        to teach in a medical, osteopathic or chiropractic
23        school in Illinois; and
24            (c) the Department may prescribe the information
25        necessary to establish an applicant's eligibility for

 

 

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1        a permit. This information shall include without
2        limitation (i) a statement from the dean of the
3        medical school at which the applicant will be employed
4        describing the applicant's qualifications and (ii) a
5        statement from the dean of the medical school listing
6        every affiliated institution in which the applicant
7        will be providing instruction as part of the medical
8        school's education program and justifying any clinical
9        activities at each of the institutions listed by the
10        dean.
11        (2) Application for visiting professor permits shall
12    be made to the Department, in writing, on forms prescribed
13    by the Department and shall be accompanied by the required
14    fee established by rule, which shall not be refundable.
15    Any application shall require the information as, in the
16    judgment of the Department, will enable the Department to
17    pass on the qualifications of the applicant.
18        (3) A visiting professor permit shall be valid for no
19    longer than 2 years from the date of issuance or until the
20    time the faculty appointment is terminated, whichever
21    occurs first, and may be renewed only in accordance with
22    subdivision (A)(6) of this Section.
23        (4) The applicant may be required to appear before the
24    Medical Licensing Board for an interview prior to, and as
25    a requirement for, the issuance of the original permit and
26    the renewal.

 

 

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1        (5) Persons holding a permit under this Section shall
2    only practice medicine in all of its branches or practice
3    the treatment of human ailments without the use of drugs
4    and without operative surgery in the State of Illinois in
5    their official capacity under their contract within the
6    medical school itself and any affiliated institution in
7    which the permit holder is providing instruction as part
8    of the medical school's educational program and for which
9    the medical school has assumed direct responsibility.
10        (6) After the initial renewal of a visiting professor
11    permit, a visiting professor permit shall be valid until
12    the last day of the next physician license renewal period,
13    as set by rule, and may only be renewed for applicants who
14    meet the following requirements:
15            (i) have obtained the required continuing
16        education hours as set by rule; and
17            (ii) have paid the fee prescribed for a license
18        under Section 21 of this Act.
19    For initial renewal, the visiting professor must
20successfully pass a general competency examination authorized
21by the Department by rule, unless he or she was issued an
22initial visiting professor permit on or after January 1, 2007,
23but prior to July 1, 2007.
 
24    (B) Visiting physician permit.
25        (1) The Department may, in its discretion, issue a

 

 

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1    temporary visiting physician permit, without examination,
2    provided:
3            (a) (blank);
4            (b) that the person maintains an equivalent
5        authorization to practice medicine in all of its
6        branches or to practice the treatment of human
7        ailments without the use of drugs and without
8        operative surgery in good standing in his or her
9        native licensing jurisdiction during the period of the
10        temporary visiting physician permit;
11            (c) that the person has received an invitation or
12        appointment to study, demonstrate, or perform a
13        specific medical, osteopathic, chiropractic or
14        clinical subject or technique in a medical,
15        osteopathic, or chiropractic school, a state or
16        national medical, osteopathic, or chiropractic
17        professional association or society conference or
18        meeting, a hospital licensed under the Hospital
19        Licensing Act, a hospital organized under the
20        University of Illinois Hospital Act, or a facility
21        operated pursuant to the Ambulatory Surgical Treatment
22        Center Act; and
23            (d) that the temporary visiting physician permit
24        shall only permit the holder to practice medicine in
25        all of its branches or practice the treatment of human
26        ailments without the use of drugs and without

 

 

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1        operative surgery within the scope of the medical,
2        osteopathic, chiropractic, or clinical studies, or in
3        conjunction with the state or national medical,
4        osteopathic, or chiropractic professional association
5        or society conference or meeting, for which the holder
6        was invited or appointed.
7        (2) The application for the temporary visiting
8    physician permit shall be made to the Department, in
9    writing, on forms prescribed by the Department, and shall
10    be accompanied by the required fee established by rule,
11    which shall not be refundable. The application shall
12    require information that, in the judgment of the
13    Department, will enable the Department to pass on the
14    qualification of the applicant, and the necessity for the
15    granting of a temporary visiting physician permit.
16        (3) A temporary visiting physician permit shall be
17    valid for no longer than (i) 180 days from the date of
18    issuance or (ii) until the time the medical, osteopathic,
19    chiropractic, or clinical studies are completed, or the
20    state or national medical, osteopathic, or chiropractic
21    professional association or society conference or meeting
22    has concluded, whichever occurs first. The temporary
23    visiting physician permit may be issued multiple times to
24    a visiting physician under this paragraph (3) as long as
25    the total number of days it is active do not exceed 180
26    days within a 365-day period.

 

 

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1        (4) The applicant for a temporary visiting physician
2    permit may be required to appear before the Medical
3    Licensing Board for an interview prior to, and as a
4    requirement for, the issuance of a temporary visiting
5    physician permit.
6        (5) A limited temporary visiting physician permit
7    shall be issued to a physician licensed in another state
8    who has been requested to perform emergency procedures in
9    Illinois if he or she meets the requirements as
10    established by rule.
 
11    (C) Visiting resident permit.
12        (1) The Department may, in its discretion, issue a
13    temporary visiting resident permit, without examination,
14    provided:
15            (a) (blank);
16            (b) that the person maintains an equivalent
17        authorization to practice medicine in all of its
18        branches or to practice the treatment of human
19        ailments without the use of drugs and without
20        operative surgery in good standing in his or her
21        native licensing jurisdiction during the period of the
22        temporary visiting resident permit;
23            (c) that the applicant is enrolled in a
24        postgraduate clinical training program outside the
25        State of Illinois that is approved by the Department;

 

 

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1            (d) that the individual has been invited or
2        appointed for a specific period of time to perform a
3        portion of that post graduate clinical training
4        program under the supervision of an Illinois licensed
5        physician in an Illinois patient care clinic or
6        facility that is affiliated with the out-of-State post
7        graduate training program; and
8            (e) that the temporary visiting resident permit
9        shall only permit the holder to practice medicine in
10        all of its branches or practice the treatment of human
11        ailments without the use of drugs and without
12        operative surgery within the scope of the medical,
13        osteopathic, chiropractic or clinical studies for
14        which the holder was invited or appointed.
15        (2) The application for the temporary visiting
16    resident permit shall be made to the Department, in
17    writing, on forms prescribed by the Department, and shall
18    be accompanied by the required fee established by rule.
19    The application shall require information that, in the
20    judgment of the Department, will enable the Department to
21    pass on the qualifications of the applicant.
22        (3) A temporary visiting resident permit shall be
23    valid for 180 days from the date of issuance or until the
24    time the medical, osteopathic, chiropractic, or clinical
25    studies are completed, whichever occurs first.
26        (4) The applicant for a temporary visiting resident

 

 

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1    permit may be required to appear before the Medical
2    Licensing Board for an interview prior to, and as a
3    requirement for, the issuance of a temporary visiting
4    resident permit.
5(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
6    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 19. Licensure by endorsement. The Department may, in
9its discretion, issue a license by endorsement to any person
10who is currently licensed to practice medicine in all of its
11branches, or a chiropractic physician, in any other state,
12territory, country or province, upon the following conditions
13and submitting evidence satisfactory to the Department of the
14following:
15        (A) (Blank);
16        (B) That the applicant is of good moral character. In
17    determining moral character under this Section, the
18    Department may take into consideration whether the
19    applicant has engaged in conduct or activities which would
20    constitute grounds for discipline under this Act. The
21    Department may also request the applicant to submit, and
22    may consider as evidence of moral character, endorsements
23    from 2 or 3 individuals licensed under this Act;
24        (C) That the applicant is physically, mentally and
25    professionally capable of practicing medicine with

 

 

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1    reasonable judgment, skill and safety. In determining
2    physical, mental and professional capacity under this
3    Section the Medical Licensing Board may, upon a showing of
4    a possible incapacity, compel an applicant to submit to a
5    mental or physical examination and evaluation, or both, in
6    the same manner as provided in Section 22 and may
7    condition or restrict any license, subject to the same
8    terms and conditions as are provided for the Medical
9    Disciplinary Board under Section 22 of this Act.
10        (D) That if the applicant seeks to practice medicine
11    in all of its branches:
12            (1) if the applicant was licensed in another
13        jurisdiction prior to January 1, 1988, that the
14        applicant has satisfied the educational requirements
15        of paragraph (1) of subsection (A) or paragraph (2) of
16        subsection (A) of Section 11 of this Act; or
17            (2) if the applicant was licensed in another
18        jurisdiction after December 31, 1987, that the
19        applicant has satisfied the educational requirements
20        of paragraph (A)(2) of Section 11 of this Act; and
21            (3) the requirements for a license to practice
22        medicine in all of its branches in the particular
23        state, territory, country or province in which the
24        applicant is licensed are deemed by the Department to
25        have been substantially equivalent to the requirements
26        for a license to practice medicine in all of its

 

 

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1        branches in force in this State at the date of the
2        applicant's license;
3        (E) That if the applicant seeks to treat human
4    ailments without the use of drugs and without operative
5    surgery:
6            (1) the applicant is a graduate of a chiropractic
7        school or college approved by the Department at the
8        time of their graduation;
9            (2) the requirements for the applicant's license
10        to practice the treatment of human ailments without
11        the use of drugs are deemed by the Department to have
12        been substantially equivalent to the requirements for
13        a license to practice in this State at the date of the
14        applicant's license;
15        (F) That the Department may, in its discretion, issue
16    a license by endorsement to any graduate of a medical or
17    osteopathic college, reputable and in good standing in the
18    judgment of the Department, who has passed an examination
19    for admission to the United States Public Health Service,
20    or who has passed any other examination deemed by the
21    Department to have been at least equal in all substantial
22    respects to the examination required for admission to any
23    such medical corps;
24        (G) That applications for licenses by endorsement
25    shall be filed with the Department, under oath, on forms
26    prepared and furnished by the Department, and shall set

 

 

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1    forth, and applicants therefor shall supply such
2    information respecting the life, education, professional
3    practice, and moral character of applicants as the
4    Department may require to be filed for its use;
5        (H) That the applicant undergo the criminal background
6    check established under Section 9.7 of this Act.
7    In the exercise of its discretion under this Section, the
8Department is empowered to consider and evaluate each
9applicant on an individual basis. It may take into account,
10among other things: the extent to which the applicant will
11bring unique experience and skills to the State of Illinois or
12the extent to which there is or is not available to the
13Department authentic and definitive information concerning the
14quality of medical education and clinical training which the
15applicant has had. Under no circumstances shall a license be
16issued under the provisions of this Section to any person who
17has previously taken and failed the written examination
18conducted by the Department for such license. In the exercise
19of its discretion under this Section, the Department may
20require an applicant to successfully complete an examination
21as recommended by the Medical Licensing Board. The Department
22may also request the applicant to submit, and may consider as
23evidence of moral character, evidence from 2 or 3 individuals
24licensed under this Act. Applicants have 3 years from the date
25of application to complete the application process. If the
26process has not been completed within 3 years, the application

 

 

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1shall be denied, the fees shall be forfeited, and the
2applicant must reapply and meet the requirements in effect at
3the time of reapplication.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
5    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 21. License renewal; reinstatement; inactive status;
8disposition and collection of fees.
9    (A) Renewal. The expiration date and renewal period for
10each license issued under this Act shall be set by rule. The
11holder of a license may renew the license by paying the
12required fee. The holder of a license may also renew the
13license within 90 days after its expiration by complying with
14the requirements for renewal and payment of an additional fee.
15A license renewal within 90 days after expiration shall be
16effective retroactively to the expiration date.
17    The Department shall attempt to provide through electronic
18means to each licensee under this Act, at least 60 days in
19advance of the expiration date of his or her license, a renewal
20notice. No such license shall be deemed to have lapsed until 90
21days after the expiration date and after the Department has
22attempted to provide such notice as herein provided.
23    (B) Reinstatement. Any licensee who has permitted his or
24her license to lapse or who has had his or her license on
25inactive status may have his or her license reinstated by

 

 

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1making application to the Department and filing proof
2acceptable to the Department of his or her fitness to have the
3license reinstated, including evidence certifying to active
4practice in another jurisdiction satisfactory to the
5Department, proof of meeting the continuing education
6requirements for one renewal period, and by paying the
7required reinstatement fee.
8    If the licensee has not maintained an active practice in
9another jurisdiction satisfactory to the Department, the
10Medical Licensing Board shall determine, by an evaluation
11program established by rule, the applicant's fitness to resume
12active status and may require the licensee to complete a
13period of evaluated clinical experience and may require
14successful completion of a practical examination specified by
15the Medical Licensing Board.
16    However, any registrant whose license has expired while he
17or she has been engaged (a) in Federal Service on active duty
18with the Army of the United States, the United States Navy, the
19Marine Corps, the Air Force, the Coast Guard, the Public
20Health Service or the State Militia called into the service or
21training of the United States of America, or (b) in training or
22education under the supervision of the United States
23preliminary to induction into the military service, may have
24his or her license reinstated without paying any lapsed
25renewal fees, if within 2 years after honorable termination of
26such service, training, or education, he or she furnishes to

 

 

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1the Department with satisfactory evidence to the effect that
2he or she has been so engaged and that his or her service,
3training, or education has been so terminated.
4    (C) Inactive licenses. Any licensee who notifies the
5Department, in writing on forms prescribed by the Department,
6may elect to place his or her license on an inactive status and
7shall, subject to rules of the Department, be excused from
8payment of renewal fees until he or she notifies the
9Department in writing of his or her desire to resume active
10status.
11    Any licensee requesting reinstatement from inactive status
12shall be required to pay the current renewal fee, provide
13proof of meeting the continuing education requirements for the
14period of time the license is inactive not to exceed one
15renewal period, and shall be required to reinstate his or her
16license as provided in subsection (B).
17    Any licensee whose license is in an inactive status shall
18not practice in the State of Illinois.
19    (D) Disposition of monies collected. All monies collected
20under this Act by the Department shall be deposited in the
21Illinois State Medical Disciplinary Fund in the State
22Treasury, and used only for the following purposes: (a) by the
23Medical Disciplinary Board and Licensing Board in the exercise
24of its powers and performance of its duties, as such use is
25made by the Department with full consideration of all
26recommendations of the Medical Disciplinary Board and

 

 

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1Licensing Board, (b) for costs directly related to persons
2licensed under this Act, and (c) for direct and allocable
3indirect costs related to the public purposes of the
4Department.
5    Moneys in the Fund may be transferred to the Professions
6Indirect Cost Fund as authorized under Section 2105-300 of the
7Department of Professional Regulation Law of the Civil
8Administrative Code of Illinois.
9    All earnings received from investment of monies in the
10Illinois State Medical Disciplinary Fund shall be deposited in
11the Illinois State Medical Disciplinary Fund and shall be used
12for the same purposes as fees deposited in such Fund.
13    (E) Fees. The following fees are nonrefundable.
14        (1) Applicants for any examination shall be required
15    to pay, either to the Department or to the designated
16    testing service, a fee covering the cost of determining
17    the applicant's eligibility and providing the examination.
18    Failure to appear for the examination on the scheduled
19    date, at the time and place specified, after the
20    applicant's application for examination has been received
21    and acknowledged by the Department or the designated
22    testing service, shall result in the forfeiture of the
23    examination fee.
24        (2) Before July 1, 2018, the fee for a license under
25    Section 9 of this Act is $700. Beginning on July 1, 2018,
26    the fee for a license under Section 9 of this Act is $500.

 

 

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1        (3) Before July 1, 2018, the fee for a license under
2    Section 19 of this Act is $700. Beginning on July 1, 2018,
3    the fee for a license under Section 19 of this Act is $500.
4        (4) Before July 1, 2018, the fee for the renewal of a
5    license for a resident of Illinois shall be calculated at
6    the rate of $230 per year, and beginning on July 1, 2018
7    and until January 1, 2020, the fee for the renewal of a
8    license shall be $167, except for licensees who were
9    issued a license within 12 months of the expiration date
10    of the license, before July 1, 2018, the fee for the
11    renewal shall be $230, and beginning on July 1, 2018 and
12    until January 1, 2020 that fee will be $167. Before July 1,
13    2018, the fee for the renewal of a license for a
14    nonresident shall be calculated at the rate of $460 per
15    year, and beginning on July 1, 2018 and until January 1,
16    2020, the fee for the renewal of a license for a
17    nonresident shall be $250, except for licensees who were
18    issued a license within 12 months of the expiration date
19    of the license, before July 1, 2018, the fee for the
20    renewal shall be $460, and beginning on July 1, 2018 and
21    until January 1, 2020 that fee will be $250. Beginning on
22    January 1, 2020, the fee for renewal of a license for a
23    resident or nonresident is $181 per year.
24        (5) The fee for the reinstatement of a license other
25    than from inactive status, is $230. In addition, payment
26    of all lapsed renewal fees not to exceed $1,400 is

 

 

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1    required.
2        (6) The fee for a 3-year temporary license under
3    Section 17 is $230.
4        (7) The fee for the issuance of a license with a change
5    of name or address other than during the renewal period is
6    $20. No fee is required for name and address changes on
7    Department records when no updated license is issued.
8        (8) The fee to be paid for a license record for any
9    purpose is $20.
10        (9) The fee to be paid to have the scoring of an
11    examination, administered by the Department, reviewed and
12    verified, is $20 plus any fees charged by the applicable
13    testing service.
14    (F) Any person who delivers a check or other payment to the
15Department that is returned to the Department unpaid by the
16financial institution upon which it is drawn shall pay to the
17Department, in addition to the amount already owed to the
18Department, a fine of $50. The fines imposed by this Section
19are in addition to any other discipline provided under this
20Act for unlicensed practice or practice on a nonrenewed
21license. The Department shall notify the person that payment
22of fees and fines shall be paid to the Department by certified
23check or money order within 30 calendar days of the
24notification. If, after the expiration of 30 days from the
25date of the notification, the person has failed to submit the
26necessary remittance, the Department shall automatically

 

 

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1terminate the license or permit or deny the application,
2without hearing. If, after termination or denial, the person
3seeks a license or permit, he or she shall apply to the
4Department for reinstatement or issuance of the license or
5permit and pay all fees and fines due to the Department. The
6Department may establish a fee for the processing of an
7application for reinstatement of a license or permit to pay
8all expenses of processing this application. The Secretary may
9waive the fines due under this Section in individual cases
10where the Secretary finds that the fines would be unreasonable
11or unnecessarily burdensome.
12(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
 
13    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 22. Disciplinary action.
16    (A) The Department may revoke, suspend, place on
17probation, reprimand, refuse to issue or renew, or take any
18other disciplinary or non-disciplinary action as the
19Department may deem proper with regard to the license or
20permit of any person issued under this Act, including imposing
21fines not to exceed $10,000 for each violation, upon any of the
22following grounds:
23        (1) (Blank).
24        (2) (Blank).
25        (3) A plea of guilty or nolo contendere, finding of

 

 

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1    guilt, jury verdict, or entry of judgment or sentencing,
2    including, but not limited to, convictions, preceding
3    sentences of supervision, conditional discharge, or first
4    offender probation, under the laws of any jurisdiction of
5    the United States of any crime that is a felony.
6        (4) Gross negligence in practice under this Act.
7        (5) Engaging in dishonorable, unethical, or
8    unprofessional conduct of a character likely to deceive,
9    defraud or harm the public.
10        (6) Obtaining any fee by fraud, deceit, or
11    misrepresentation.
12        (7) Habitual or excessive use or abuse of drugs
13    defined in law as controlled substances, of alcohol, or of
14    any other substances which results in the inability to
15    practice with reasonable judgment, skill, or safety.
16        (8) Practicing under a false or, except as provided by
17    law, an assumed name.
18        (9) Fraud or misrepresentation in applying for, or
19    procuring, a license under this Act or in connection with
20    applying for renewal of a license under this Act.
21        (10) Making a false or misleading statement regarding
22    their skill or the efficacy or value of the medicine,
23    treatment, or remedy prescribed by them at their direction
24    in the treatment of any disease or other condition of the
25    body or mind.
26        (11) Allowing another person or organization to use

 

 

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1    their license, procured under this Act, to practice.
2        (12) Adverse action taken by another state or
3    jurisdiction against a license or other authorization to
4    practice as a medical doctor, doctor of osteopathy, doctor
5    of osteopathic medicine or doctor of chiropractic, a
6    certified copy of the record of the action taken by the
7    other state or jurisdiction being prima facie evidence
8    thereof. This includes any adverse action taken by a State
9    or federal agency that prohibits a medical doctor, doctor
10    of osteopathy, doctor of osteopathic medicine, or doctor
11    of chiropractic from providing services to the agency's
12    participants.
13        (13) Violation of any provision of this Act or of the
14    Medical Practice Act prior to the repeal of that Act, or
15    violation of the rules, or a final administrative action
16    of the Secretary, after consideration of the
17    recommendation of the Medical Disciplinary Board.
18        (14) Violation of the prohibition against fee
19    splitting in Section 22.2 of this Act.
20        (15) A finding by the Medical Disciplinary Board that
21    the registrant after having his or her license placed on
22    probationary status or subjected to conditions or
23    restrictions violated the terms of the probation or failed
24    to comply with such terms or conditions.
25        (16) Abandonment of a patient.
26        (17) Prescribing, selling, administering,

 

 

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1    distributing, giving, or self-administering any drug
2    classified as a controlled substance (designated product)
3    or narcotic for other than medically accepted therapeutic
4    purposes.
5        (18) Promotion of the sale of drugs, devices,
6    appliances, or goods provided for a patient in such manner
7    as to exploit the patient for financial gain of the
8    physician.
9        (19) Offering, undertaking, or agreeing to cure or
10    treat disease by a secret method, procedure, treatment, or
11    medicine, or the treating, operating, or prescribing for
12    any human condition by a method, means, or procedure which
13    the licensee refuses to divulge upon demand of the
14    Department.
15        (20) Immoral conduct in the commission of any act
16    including, but not limited to, commission of an act of
17    sexual misconduct related to the licensee's practice.
18        (21) Willfully making or filing false records or
19    reports in his or her practice as a physician, including,
20    but not limited to, false records to support claims
21    against the medical assistance program of the Department
22    of Healthcare and Family Services (formerly Department of
23    Public Aid) under the Illinois Public Aid Code.
24        (22) Willful omission to file or record, or willfully
25    impeding the filing or recording, or inducing another
26    person to omit to file or record, medical reports as

 

 

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1    required by law, or willfully failing to report an
2    instance of suspected abuse or neglect as required by law.
3        (23) Being named as a perpetrator in an indicated
4    report by the Department of Children and Family Services
5    under the Abused and Neglected Child Reporting Act, and
6    upon proof by clear and convincing evidence that the
7    licensee has caused a child to be an abused child or
8    neglected child as defined in the Abused and Neglected
9    Child Reporting Act.
10        (24) Solicitation of professional patronage by any
11    corporation, agents or persons, or profiting from those
12    representing themselves to be agents of the licensee.
13        (25) Gross and willful and continued overcharging for
14    professional services, including filing false statements
15    for collection of fees for which services are not
16    rendered, including, but not limited to, filing such false
17    statements for collection of monies for services not
18    rendered from the medical assistance program of the
19    Department of Healthcare and Family Services (formerly
20    Department of Public Aid) under the Illinois Public Aid
21    Code.
22        (26) A pattern of practice or other behavior which
23    demonstrates incapacity or incompetence to practice under
24    this Act.
25        (27) Mental illness or disability which results in the
26    inability to practice under this Act with reasonable

 

 

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1    judgment, skill, or safety.
2        (28) Physical illness, including, but not limited to,
3    deterioration through the aging process, or loss of motor
4    skill which results in a physician's inability to practice
5    under this Act with reasonable judgment, skill, or safety.
6        (29) Cheating on or attempt to subvert the licensing
7    examinations administered under this Act.
8        (30) Willfully or negligently violating the
9    confidentiality between physician and patient except as
10    required by law.
11        (31) The use of any false, fraudulent, or deceptive
12    statement in any document connected with practice under
13    this Act.
14        (32) Aiding and abetting an individual not licensed
15    under this Act in the practice of a profession licensed
16    under this Act.
17        (33) Violating state or federal laws or regulations
18    relating to controlled substances, legend drugs, or
19    ephedra as defined in the Ephedra Prohibition Act.
20        (34) Failure to report to the Department any adverse
21    final action taken against them by another licensing
22    jurisdiction (any other state or any territory of the
23    United States or any foreign state or country), by any
24    peer review body, by any health care institution, by any
25    professional society or association related to practice
26    under this Act, by any governmental agency, by any law

 

 

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1    enforcement agency, or by any court for acts or conduct
2    similar to acts or conduct which would constitute grounds
3    for action as defined in this Section.
4        (35) Failure to report to the Department surrender of
5    a license or authorization to practice as a medical
6    doctor, a doctor of osteopathy, a doctor of osteopathic
7    medicine, or doctor of chiropractic in another state or
8    jurisdiction, or surrender of membership on any medical
9    staff or in any medical or professional association or
10    society, while under disciplinary investigation by any of
11    those authorities or bodies, for acts or conduct similar
12    to acts or conduct which would constitute grounds for
13    action as defined in this Section.
14        (36) Failure to report to the Department any adverse
15    judgment, settlement, or award arising from a liability
16    claim related to acts or conduct similar to acts or
17    conduct which would constitute grounds for action as
18    defined in this Section.
19        (37) Failure to provide copies of medical records as
20    required by law.
21        (38) Failure to furnish the Department, its
22    investigators or representatives, relevant information,
23    legally requested by the Department after consultation
24    with the Chief Medical Coordinator or the Deputy Medical
25    Coordinator.
26        (39) Violating the Health Care Worker Self-Referral

 

 

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1    Act.
2        (40) Willful failure to provide notice when notice is
3    required under the Parental Notice of Abortion Act of
4    1995.
5        (41) Failure to establish and maintain records of
6    patient care and treatment as required by this law.
7        (42) Entering into an excessive number of written
8    collaborative agreements with licensed advanced practice
9    registered nurses resulting in an inability to adequately
10    collaborate.
11        (43) Repeated failure to adequately collaborate with a
12    licensed advanced practice registered nurse.
13        (44) Violating the Compassionate Use of Medical
14    Cannabis Program Act.
15        (45) Entering into an excessive number of written
16    collaborative agreements with licensed prescribing
17    psychologists resulting in an inability to adequately
18    collaborate.
19        (46) Repeated failure to adequately collaborate with a
20    licensed prescribing psychologist.
21        (47) Willfully failing to report an instance of
22    suspected abuse, neglect, financial exploitation, or
23    self-neglect of an eligible adult as defined in and
24    required by the Adult Protective Services Act.
25        (48) Being named as an abuser in a verified report by
26    the Department on Aging under the Adult Protective

 

 

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1    Services Act, and upon proof by clear and convincing
2    evidence that the licensee abused, neglected, or
3    financially exploited an eligible adult as defined in the
4    Adult Protective Services Act.
5        (49) Entering into an excessive number of written
6    collaborative agreements with licensed physician
7    assistants resulting in an inability to adequately
8    collaborate.
9        (50) Repeated failure to adequately collaborate with a
10    physician assistant.
11    Except for actions involving the ground numbered (26), all
12proceedings to suspend, revoke, place on probationary status,
13or take any other disciplinary action as the Department may
14deem proper, with regard to a license on any of the foregoing
15grounds, must be commenced within 5 years next after receipt
16by the Department of a complaint alleging the commission of or
17notice of the conviction order for any of the acts described
18herein. Except for the grounds numbered (8), (9), (26), and
19(29), no action shall be commenced more than 10 years after the
20date of the incident or act alleged to have violated this
21Section. For actions involving the ground numbered (26), a
22pattern of practice or other behavior includes all incidents
23alleged to be part of the pattern of practice or other behavior
24that occurred, or a report pursuant to Section 23 of this Act
25received, within the 10-year period preceding the filing of
26the complaint. In the event of the settlement of any claim or

 

 

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1cause of action in favor of the claimant or the reduction to
2final judgment of any civil action in favor of the plaintiff,
3such claim, cause of action, or civil action being grounded on
4the allegation that a person licensed under this Act was
5negligent in providing care, the Department shall have an
6additional period of 2 years from the date of notification to
7the Department under Section 23 of this Act of such settlement
8or final judgment in which to investigate and commence formal
9disciplinary proceedings under Section 36 of this Act, except
10as otherwise provided by law. The time during which the holder
11of the license was outside the State of Illinois shall not be
12included within any period of time limiting the commencement
13of disciplinary action by the Department.
14    The entry of an order or judgment by any circuit court
15establishing that any person holding a license under this Act
16is a person in need of mental treatment operates as a
17suspension of that license. That person may resume his or her
18their practice only upon the entry of a Departmental order
19based upon a finding by the Medical Disciplinary Board that
20the person has they have been determined to be recovered from
21mental illness by the court and upon the Medical Disciplinary
22Board's recommendation that the person they be permitted to
23resume his or her their practice.
24    The Department may refuse to issue or take disciplinary
25action concerning the license of any person who fails to file a
26return, or to pay the tax, penalty, or interest shown in a

 

 

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1filed return, or to pay any final assessment of tax, penalty,
2or interest, as required by any tax Act administered by the
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied as determined
5by the Illinois Department of Revenue.
6    The Department, upon the recommendation of the Medical
7Disciplinary Board, shall adopt rules which set forth
8standards to be used in determining:
9        (a) when a person will be deemed sufficiently
10    rehabilitated to warrant the public trust;
11        (b) what constitutes dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public;
14        (c) what constitutes immoral conduct in the commission
15    of any act, including, but not limited to, commission of
16    an act of sexual misconduct related to the licensee's
17    practice; and
18        (d) what constitutes gross negligence in the practice
19    of medicine.
20    However, no such rule shall be admissible into evidence in
21any civil action except for review of a licensing or other
22disciplinary action under this Act.
23    In enforcing this Section, the Medical Disciplinary Board
24or the Licensing Board, upon a showing of a possible
25violation, may compel, in the case of the Disciplinary Board,
26any individual who is licensed to practice under this Act or

 

 

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

 

 

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1the Licensing Board, or the Department may order the examining
2physician or any member of the multidisciplinary team to
3provide to the Department, the Disciplinary Board, or the
4Medical Licensing Board any and all records, including
5business records, that relate to the examination and
6evaluation, including any supplemental testing performed. The
7Medical Disciplinary Board, the Licensing Board, or the
8Department may order the examining physician or any member of
9the multidisciplinary team to present testimony concerning
10this examination and evaluation of the licensee, permit
11holder, or applicant, including testimony concerning any
12supplemental testing or documents relating to the examination
13and evaluation. No information, report, record, or other
14documents in any way related to the examination and evaluation
15shall be excluded by reason of any common law or statutory
16privilege relating to communication between the licensee,
17permit holder, or applicant and the examining physician or any
18member of the multidisciplinary team. No authorization is
19necessary from the licensee, permit holder, or applicant
20ordered to undergo an evaluation and examination for the
21examining physician or any member of the multidisciplinary
22team to provide information, reports, records, or other
23documents or to provide any testimony regarding the
24examination and evaluation. 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.

 

 

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1Failure of any individual to submit to mental or physical
2examination and evaluation, or both, when directed, shall
3result in an automatic suspension, without hearing, until such
4time as the individual submits to the examination. If the
5Medical Disciplinary Board or Licensing Board finds a
6physician unable to practice following an examination and
7evaluation because of the reasons set forth in this Section,
8the Medical Disciplinary Board or Licensing Board shall
9require such physician to submit to care, counseling, or
10treatment by physicians, or other health care professionals,
11approved or designated by the Medical Disciplinary Board, as a
12condition for issued, continued, reinstated, or renewed
13licensure to practice. Any physician, whose license was
14granted pursuant to Sections 9, 17, or 19 of this Act, or,
15continued, reinstated, renewed, disciplined or supervised,
16subject to such terms, conditions, or restrictions who shall
17fail to comply with such terms, conditions, or restrictions,
18or to complete a required program of care, counseling, or
19treatment, as determined by the Chief Medical Coordinator or
20Deputy Medical Coordinators, shall be referred to the
21Secretary for a determination as to whether the licensee shall
22have his or her their license suspended immediately, pending a
23hearing by the Medical Disciplinary Board. In instances in
24which the Secretary immediately suspends a license under this
25Section, a hearing upon such person's license must be convened
26by the Medical Disciplinary Board within 15 days after such

 

 

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1suspension and completed without appreciable delay. The
2Medical Disciplinary Board shall have the authority to review
3the subject physician's record of treatment and counseling
4regarding the impairment, to the extent permitted by
5applicable federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act, affected under this
8Section, shall be afforded an opportunity to demonstrate to
9the Medical Disciplinary Board that he or she they can resume
10practice in compliance with acceptable and prevailing
11standards under the provisions of his or her their license.
12    The Department may promulgate rules for the imposition of
13fines in disciplinary cases, not to exceed $10,000 for each
14violation of this Act. Fines may be imposed in conjunction
15with other forms of disciplinary action, but shall not be the
16exclusive disposition of any disciplinary action arising out
17of conduct resulting in death or injury to a patient. Any funds
18collected from such fines shall be deposited in the Illinois
19State Medical Disciplinary Fund.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    (B) The Department shall revoke the license or permit
25issued under this Act to practice medicine or a chiropractic
26physician who has been convicted a second time of committing

 

 

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1any felony under the Illinois Controlled Substances Act or the
2Methamphetamine Control and Community Protection Act, or who
3has been convicted a second time of committing a Class 1 felony
4under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
5person whose license or permit is revoked under this
6subsection B shall be prohibited from practicing medicine or
7treating human ailments without the use of drugs and without
8operative surgery.
9    (C) The Department shall not revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action against the
12license or permit issued under this Act to practice medicine
13to a physician:
14        (1) based solely upon the recommendation of the
15    physician to an eligible patient regarding, or
16    prescription for, or treatment with, an investigational
17    drug, biological product, or device; or
18        (2) for experimental treatment for Lyme disease or
19    other tick-borne diseases, including, but not limited to,
20    the prescription of or treatment with long-term
21    antibiotics.
22    (D) The Medical Disciplinary Board shall recommend to the
23Department civil penalties and any other appropriate
24discipline in disciplinary cases when the Medical Board finds
25that a physician willfully performed an abortion with actual
26knowledge that the person upon whom the abortion has been

 

 

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1performed is a minor or an incompetent person without notice
2as required under the Parental Notice of Abortion Act of 1995.
3Upon the Medical Board's recommendation, the Department shall
4impose, for the first violation, a civil penalty of $1,000 and
5for a second or subsequent violation, a civil penalty of
6$5,000.
7(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
8100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
91-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
10eff. 8-9-19; revised 9-20-19.)
 
11    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 23. Reports relating to professional conduct and
14capacity.
15    (A) Entities required to report.
16        (1) Health care institutions. The chief administrator
17    or executive officer of any health care institution
18    licensed by the Illinois Department of Public Health shall
19    report to the Medical Disciplinary Board when any person's
20    clinical privileges are terminated or are restricted based
21    on a final determination made in accordance with that
22    institution's by-laws or rules and regulations that a
23    person has either committed an act or acts which may
24    directly threaten patient care or that a person may have a
25    mental or physical disability that may endanger patients

 

 

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1    under that person's care. Such officer also shall report
2    if a person accepts voluntary termination or restriction
3    of clinical privileges in lieu of formal action based upon
4    conduct related directly to patient care or in lieu of
5    formal action seeking to determine whether a person may
6    have a mental or physical disability that may endanger
7    patients under that person's care. The Medical
8    Disciplinary Board shall, by rule, provide for the
9    reporting to it by health care institutions of all
10    instances in which a person, licensed under this Act, who
11    is impaired by reason of age, drug or alcohol abuse or
12    physical or mental impairment, is under supervision and,
13    where appropriate, is in a program of rehabilitation. Such
14    reports shall be strictly confidential and may be reviewed
15    and considered only by the members of the Medical
16    Disciplinary Board, or by authorized staff as provided by
17    rules of the Medical Disciplinary Board. Provisions shall
18    be made for the periodic report of the status of any such
19    person not less than twice annually in order that the
20    Medical Disciplinary Board shall have current information
21    upon which to determine the status of any such person.
22    Such initial and periodic reports of impaired physicians
23    shall not be considered records within the meaning of The
24    State Records Act and shall be disposed of, following a
25    determination by the Medical Disciplinary Board that such
26    reports are no longer required, in a manner and at such

 

 

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1    time as the Medical Disciplinary Board shall determine by
2    rule. The filing of such reports shall be construed as the
3    filing of a report for purposes of subsection (C) of this
4    Section.
5        (1.5) Clinical training programs. The program director
6    of any post-graduate clinical training program shall
7    report to the Medical Disciplinary Board if a person
8    engaged in a post-graduate clinical training program at
9    the institution, including, but not limited to, a
10    residency or fellowship, separates from the program for
11    any reason prior to its conclusion. The program director
12    shall provide all documentation relating to the separation
13    if, after review of the report, the Medical Disciplinary
14    Board determines that a review of those documents is
15    necessary to determine whether a violation of this Act
16    occurred.
17        (2) Professional associations. The President or chief
18    executive officer of any association or society, of
19    persons licensed under this Act, operating within this
20    State shall report to the Medical Disciplinary Board when
21    the association or society renders a final determination
22    that a person has committed unprofessional conduct related
23    directly to patient care or that a person may have a mental
24    or physical disability that may endanger patients under
25    that person's care.
26        (3) Professional liability insurers. Every insurance

 

 

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1    company which offers policies of professional liability
2    insurance to persons licensed under this Act, or any other
3    entity which seeks to indemnify the professional liability
4    of a person licensed under this Act, shall report to the
5    Medical Disciplinary Board the settlement of any claim or
6    cause of action, or final judgment rendered in any cause
7    of action, which alleged negligence in the furnishing of
8    medical care by such licensed person when such settlement
9    or final judgment is in favor of the plaintiff.
10        (4) State's Attorneys. The State's Attorney of each
11    county shall report to the Medical Disciplinary Board,
12    within 5 days, any instances in which a person licensed
13    under this Act is convicted of any felony or Class A
14    misdemeanor. The State's Attorney of each county may
15    report to the Medical Disciplinary Board through a
16    verified complaint any instance in which the State's
17    Attorney believes that a physician has willfully violated
18    the notice requirements of the Parental Notice of Abortion
19    Act of 1995.
20        (5) State agencies. All agencies, boards, commissions,
21    departments, or other instrumentalities of the government
22    of the State of Illinois shall report to the Medical
23    Disciplinary Board any instance arising in connection with
24    the operations of such agency, including the
25    administration of any law by such agency, in which a
26    person licensed under this Act has either committed an act

 

 

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1    or acts which may be a violation of this Act or which may
2    constitute unprofessional conduct related directly to
3    patient care or which indicates that a person licensed
4    under this Act may have a mental or physical disability
5    that may endanger patients under that person's care.
6    (B) Mandatory reporting. All reports required by items
7(34), (35), and (36) of subsection (A) of Section 22 and by
8Section 23 shall be submitted to the Medical Disciplinary
9Board in a timely fashion. Unless otherwise provided in this
10Section, the reports shall be filed in writing within 60 days
11after a determination that a report is required under this
12Act. All reports shall contain the following information:
13        (1) The name, address and telephone number of the
14    person making the report.
15        (2) The name, address and telephone number of the
16    person who is the subject of the report.
17        (3) The name and date of birth of any patient or
18    patients whose treatment is a subject of the report, if
19    available, or other means of identification if such
20    information is not available, identification of the
21    hospital or other healthcare facility where the care at
22    issue in the report was rendered, provided, however, no
23    medical records may be revealed.
24        (4) A brief description of the facts which gave rise
25    to the issuance of the report, including the dates of any
26    occurrences deemed to necessitate the filing of the

 

 

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1    report.
2        (5) If court action is involved, the identity of the
3    court in which the action is filed, along with the docket
4    number and date of filing of the action.
5        (6) Any further pertinent information which the
6    reporting party deems to be an aid in the evaluation of the
7    report.
8    The Medical Disciplinary Board or Department may also
9exercise the power under Section 38 of this Act to subpoena
10copies of hospital or medical records in mandatory report
11cases alleging death or permanent bodily injury. Appropriate
12rules shall be adopted by the Department with the approval of
13the Medical Disciplinary Board.
14    When the Department has received written reports
15concerning incidents required to be reported in items (34),
16(35), and (36) of subsection (A) of Section 22, the licensee's
17failure to report the incident to the Department under those
18items shall not be the sole grounds for disciplinary action.
19    Nothing contained in this Section shall act to in any way,
20waive or modify the confidentiality of medical reports and
21committee reports to the extent provided by law. Any
22information reported or disclosed shall be kept for the
23confidential use of the Medical Disciplinary Board, the
24Medical Coordinators, the Medical Disciplinary Board's
25attorneys, the medical investigative staff, and authorized
26clerical staff, as provided in this Act, and shall be afforded

 

 

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1the same status as is provided information concerning medical
2studies in Part 21 of Article VIII of the Code of Civil
3Procedure, except that the Department may disclose information
4and documents to a federal, State, or local law enforcement
5agency pursuant to a subpoena in an ongoing criminal
6investigation or to a health care licensing body or medical
7licensing authority of this State or another state or
8jurisdiction pursuant to an official request made by that
9licensing body or medical licensing authority. Furthermore,
10information and documents disclosed to a federal, State, or
11local law enforcement agency may be used by that agency only
12for the investigation and prosecution of a criminal offense,
13or, in the case of disclosure to a health care licensing body
14or medical licensing authority, only for investigations and
15disciplinary action proceedings with regard to a license.
16Information and documents disclosed to the Department of
17Public Health may be used by that Department only for
18investigation and disciplinary action regarding the license of
19a health care institution licensed by the Department of Public
20Health.
21    (C) Immunity from prosecution. Any individual or
22organization acting in good faith, and not in a wilful and
23wanton manner, in complying with this Act by providing any
24report or other information to the Medical Disciplinary Board
25or a peer review committee, or assisting in the investigation
26or preparation of such information, or by voluntarily

 

 

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1reporting to the Medical Disciplinary Board or a peer review
2committee information regarding alleged errors or negligence
3by a person licensed under this Act, or by participating in
4proceedings of the Medical Disciplinary Board or a peer review
5committee, or by serving as a member of the Medical
6Disciplinary Board or a peer review committee, shall not, as a
7result of such actions, be subject to criminal prosecution or
8civil damages.
9    (D) Indemnification. Members of the Medical Disciplinary
10Board, the Licensing Board, the Medical Coordinators, the
11Medical Disciplinary Board's attorneys, the medical
12investigative staff, physicians retained under contract to
13assist and advise the medical coordinators in the
14investigation, and authorized clerical staff shall be
15indemnified by the State for any actions occurring within the
16scope of services on the Medical Disciplinary Board or
17Licensing Board, done in good faith and not wilful and wanton
18in nature. The Attorney General shall defend all such actions
19unless he or she determines either that there would be a
20conflict of interest in such representation or that the
21actions complained of were not in good faith or were wilful and
22wanton.
23    Should the Attorney General decline representation, the
24member shall have the right to employ counsel of his or her
25choice, whose fees shall be provided by the State, after
26approval by the Attorney General, unless there is a

 

 

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1determination by a court that the member's actions were not in
2good faith or were wilful and wanton.
3    The member must notify the Attorney General within 7 days
4of receipt of notice of the initiation of any action involving
5services of the Medical Disciplinary Board. Failure to so
6notify the Attorney General shall constitute an absolute
7waiver of the right to a defense and indemnification.
8    The Attorney General shall determine within 7 days after
9receiving such notice, whether he or she will undertake to
10represent the member.
11    (E) Deliberations of Medical Disciplinary Board. Upon the
12receipt of any report called for by this Act, other than those
13reports of impaired persons licensed under this Act required
14pursuant to the rules of the Medical Disciplinary Board, the
15Medical Disciplinary Board shall notify in writing, by
16certified mail or email, the person who is the subject of the
17report. Such notification shall be made within 30 days of
18receipt by the Medical Disciplinary Board of the report.
19    The notification shall include a written notice setting
20forth the person's right to examine the report. Included in
21such notification shall be the address at which the file is
22maintained, the name of the custodian of the reports, and the
23telephone number at which the custodian may be reached. The
24person who is the subject of the report shall submit a written
25statement responding, clarifying, adding to, or proposing the
26amending of the report previously filed. The person who is the

 

 

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1subject of the report shall also submit with the written
2statement any medical records related to the report. The
3statement and accompanying medical records shall become a
4permanent part of the file and must be received by the Medical
5Disciplinary Board no more than 30 days after the date on which
6the person was notified by the Medical Disciplinary Board of
7the existence of the original report.
8    The Medical Disciplinary Board shall review all reports
9received by it, together with any supporting information and
10responding statements submitted by persons who are the subject
11of reports. The review by the Medical Disciplinary Board shall
12be in a timely manner but in no event, shall the Medical
13Disciplinary Board's initial review of the material contained
14in each disciplinary file be less than 61 days nor more than
15180 days after the receipt of the initial report by the Medical
16Disciplinary Board.
17    When the Medical Disciplinary Board makes its initial
18review of the materials contained within its disciplinary
19files, the Medical Disciplinary Board shall, in writing, make
20a determination as to whether there are sufficient facts to
21warrant further investigation or action. Failure to make such
22determination within the time provided shall be deemed to be a
23determination that there are not sufficient facts to warrant
24further investigation or action.
25    Should the Medical Disciplinary Board find that there are
26not sufficient facts to warrant further investigation, or

 

 

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1action, the report shall be accepted for filing and the matter
2shall be deemed closed and so reported to the Secretary. The
3Secretary shall then have 30 days to accept the Medical
4Disciplinary Board's decision or request further
5investigation. The Secretary shall inform the Medical Board of
6the decision to request further investigation, including the
7specific reasons for the decision. The individual or entity
8filing the original report or complaint and the person who is
9the subject of the report or complaint shall be notified in
10writing by the Secretary of any final action on their report or
11complaint. The Department shall disclose to the individual or
12entity who filed the original report or complaint, on request,
13the status of the Medical Disciplinary Board's review of a
14specific report or complaint. Such request may be made at any
15time, including prior to the Medical Disciplinary Board's
16determination as to whether there are sufficient facts to
17warrant further investigation or action.
18    (F) Summary reports. The Medical Disciplinary Board shall
19prepare, on a timely basis, but in no event less than once
20every other month, a summary report of final disciplinary
21actions taken upon disciplinary files maintained by the
22Medical Disciplinary Board. The summary reports shall be made
23available to the public upon request and payment of the fees
24set by the Department. This publication may be made available
25to the public on the Department's website. Information or
26documentation relating to any disciplinary file that is closed

 

 

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1without disciplinary action taken shall not be disclosed and
2shall be afforded the same status as is provided by Part 21 of
3Article VIII of the Code of Civil Procedure.
4    (G) Any violation of this Section shall be a Class A
5misdemeanor.
6    (H) If any such person violates the provisions of this
7Section an action may be brought in the name of the People of
8the State of Illinois, through the Attorney General of the
9State of Illinois, for an order enjoining such violation or
10for an order enforcing compliance with this Section. Upon
11filing of a verified petition in such court, the court may
12issue a temporary restraining order without notice or bond and
13may preliminarily or permanently enjoin such violation, and if
14it is established that such person has violated or is
15violating the injunction, the court may punish the offender
16for contempt of court. Proceedings under this paragraph shall
17be in addition to, and not in lieu of, all other remedies and
18penalties provided for by this Section.
19(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
 
20    (225 ILCS 60/24)  (from Ch. 111, par. 4400-24)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 24. Report of violations; medical associations.
23    (a) Any physician licensed under this Act, the Illinois
24State Medical Society, the Illinois Association of Osteopathic
25Physicians and Surgeons, the Illinois Chiropractic Society,

 

 

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1the Illinois Prairie State Chiropractic Association, or any
2component societies of any of these 4 groups, and any other
3person, may report to the Medical Disciplinary Board any
4information the physician, association, society, or person may
5have that appears to show that a physician is or may be in
6violation of any of the provisions of Section 22 of this Act.
7    (b) The Department may enter into agreements with the
8Illinois State Medical Society, the Illinois Association of
9Osteopathic Physicians and Surgeons, the Illinois Prairie
10State Chiropractic Association, or the Illinois Chiropractic
11Society to allow these organizations to assist the Medical
12Disciplinary Board in the review of alleged violations of this
13Act. Subject to the approval of the Department, any
14organization party to such an agreement may subcontract with
15other individuals or organizations to assist in review.
16    (c) Any physician, association, society, or person
17participating in good faith in the making of a report under
18this Act or participating in or assisting with an
19investigation or review under this Act shall have immunity
20from any civil, criminal, or other liability that might result
21by reason of those actions.
22    (d) The medical information in the custody of an entity
23under contract with the Department participating in an
24investigation or review shall be privileged and confidential
25to the same extent as are information and reports under the
26provisions of Part 21 of Article VIII of the Code of Civil

 

 

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1Procedure.
2    (e) Upon request by the Department after a mandatory
3report has been filed with the Department, an attorney for any
4party seeking to recover damages for injuries or death by
5reason of medical, hospital, or other healing art malpractice
6shall provide patient records related to the physician
7involved in the disciplinary proceeding to the Department
8within 30 days of the Department's request for use by the
9Department in any disciplinary matter under this Act. An
10attorney who provides patient records to the Department in
11accordance with this requirement shall not be deemed to have
12violated any attorney-client privilege. Notwithstanding any
13other provision of law, consent by a patient shall not be
14required for the provision of patient records in accordance
15with this requirement.
16    (f) For the purpose of any civil or criminal proceedings,
17the good faith of any physician, association, society or
18person shall be presumed.
19(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
20    (225 ILCS 60/25)  (from Ch. 111, par. 4400-25)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 25. The Secretary of the Department may, upon receipt
23of a written communication from the Secretary of Human
24Services, the Director of Healthcare and Family Services
25(formerly Director of Public Aid), or the Director of Public

 

 

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1Health that continuation of practice of a person licensed
2under this Act constitutes an immediate danger to the public,
3and after consultation with the Chief Medical Coordinator or
4Deputy Medical Coordinator, immediately suspend the license of
5such person without a hearing. In instances in which the
6Secretary immediately suspends a license under this Section, a
7hearing upon such person's license must be convened by the
8Medical Disciplinary Board within 15 days after such
9suspension and completed without appreciable delay. Such
10hearing is to be held to determine whether to recommend to the
11Secretary that the person's license be revoked, suspended,
12placed on probationary status or reinstated, or whether such
13person should be subject to other disciplinary action. In the
14hearing, the written communication and any other evidence
15submitted therewith may be introduced as evidence against such
16person; provided however, the person, or their counsel, shall
17have the opportunity to discredit, impeach and submit evidence
18rebutting such evidence.
19(Source: P.A. 97-622, eff. 11-23-11.)
 
20    (225 ILCS 60/35)  (from Ch. 111, par. 4400-35)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 35. The Secretary shall have the authority to appoint
23an attorney duly licensed to practice law in the State of
24Illinois to serve as the hearing officer in any action to
25suspend, revoke, place on probationary status, or take any

 

 

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1other disciplinary action with regard to a license. The
2hearing officer shall have full authority to conduct the
3hearing. The hearing officer shall report his findings and
4recommendations to the Medical Disciplinary Board or Licensing
5Board within 30 days of the receipt of the record. The Medical
6Disciplinary Board or Licensing Board shall have 60 days from
7receipt of the report to review the report of the hearing
8officer and present their findings of fact, conclusions of law
9and recommendations to the Secretary.
10(Source: P.A. 100-429, eff. 8-25-17.)
 
11    (225 ILCS 60/36)  (from Ch. 111, par. 4400-36)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 36. Investigation; notice.
14    (a) Upon the motion of either the Department or the
15Medical Disciplinary Board or upon the verified complaint in
16writing of any person setting forth facts which, if proven,
17would constitute grounds for suspension or revocation under
18Section 22 of this Act, the Department shall investigate the
19actions of any person, so accused, who holds or represents
20that he or she holds a license. Such person is hereinafter
21called the accused.
22    (b) The Department shall, before suspending, revoking,
23placing on probationary status, or taking any other
24disciplinary action as the Department may deem proper with
25regard to any license at least 30 days prior to the date set

 

 

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1for the hearing, notify the accused in writing of any charges
2made and the time and place for a hearing of the charges before
3the Medical Disciplinary Board, direct him or her to file his
4or her written answer thereto to the Medical Disciplinary
5Board under oath within 20 days after the service on him or her
6of such notice and inform him or her that if he or she fails to
7file such answer default will be taken against him or her and
8his or her license may be suspended, revoked, placed on
9probationary status, or have other disciplinary action,
10including limiting the scope, nature or extent of his or her
11practice, as the Department may deem proper taken with regard
12thereto. The Department shall, at least 14 days prior to the
13date set for the hearing, notify in writing any person who
14filed a complaint against the accused of the time and place for
15the hearing of the charges against the accused before the
16Medical Disciplinary Board and inform such person whether he
17or she may provide testimony at the hearing.
18    (c) (Blank).
19    (d) Such written notice and any notice in such proceedings
20thereafter may be served by personal delivery, email to the
21respondent's email address of record, or mail to the
22respondent's address of record.
23    (e) All information gathered by the Department during its
24investigation including information subpoenaed under Section
2523 or 38 of this Act and the investigative file shall be kept
26for the confidential use of the Secretary, the Medical

 

 

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1Disciplinary Board, the Medical Coordinators, persons employed
2by contract to advise the Medical Coordinator or the
3Department, the Medical Disciplinary Board's attorneys, the
4medical investigative staff, and authorized clerical staff, as
5provided in this Act and shall be afforded the same status as
6is provided information concerning medical studies in Part 21
7of Article VIII of the Code of Civil Procedure, except that the
8Department may disclose information and documents to a
9federal, State, or local law enforcement agency pursuant to a
10subpoena in an ongoing criminal investigation to a health care
11licensing body of this State or another state or jurisdiction
12pursuant to an official request made by that licensing body.
13Furthermore, information and documents disclosed to a federal,
14State, or local law enforcement agency may be used by that
15agency only for the investigation and prosecution of a
16criminal offense or, in the case of disclosure to a health care
17licensing body, only for investigations and disciplinary
18action proceedings with regard to a license issued by that
19licensing body.
20(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
21revised 9-20-19.)
 
22    (225 ILCS 60/37)  (from Ch. 111, par. 4400-37)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 37. Disciplinary actions.
25    (a) At the time and place fixed in the notice, the Medical

 

 

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1Disciplinary Board provided for in this Act shall proceed to
2hear the charges, and the accused person shall be accorded
3ample opportunity to present in person, or by counsel, such
4statements, testimony, evidence and argument as may be
5pertinent to the charges or to any defense thereto. The
6Medical Disciplinary Board may continue such hearing from time
7to time. If the Medical Disciplinary Board is not sitting at
8the time and place fixed in the notice or at the time and place
9to which the hearing has been continued, the Department shall
10continue such hearing for a period not to exceed 30 days.
11    (b) In case the accused person, after receiving notice,
12fails to file an answer, their license may, in the discretion
13of the Secretary, having received first the recommendation of
14the Medical Disciplinary Board, be suspended, revoked or
15placed on probationary status, or the Secretary may take
16whatever disciplinary action as he or she may deem proper,
17including limiting the scope, nature, or extent of said
18person's practice, without a hearing, if the act or acts
19charged constitute sufficient grounds for such action under
20this Act.
21    (c) The Medical Disciplinary Board has the authority to
22recommend to the Secretary that probation be granted or that
23other disciplinary or non-disciplinary action, including the
24limitation of the scope, nature or extent of a person's
25practice, be taken as it deems proper. If disciplinary or
26non-disciplinary action, other than suspension or revocation,

 

 

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1is taken the Medical Disciplinary Board may recommend that the
2Secretary impose reasonable limitations and requirements upon
3the accused registrant to ensure insure compliance with the
4terms of the probation or other disciplinary action including,
5but not limited to, regular reporting by the accused to the
6Department of their actions, placing themselves under the care
7of a qualified physician for treatment, or limiting their
8practice in such manner as the Secretary may require.
9    (d) The Secretary, after consultation with the Chief
10Medical Coordinator or Deputy Medical Coordinator, may
11temporarily suspend the license of a physician without a
12hearing, simultaneously with the institution of proceedings
13for a hearing provided under this Section if the Secretary
14finds that evidence in his or her possession indicates that a
15physician's continuation in practice would constitute an
16immediate danger to the public. In the event that the
17Secretary suspends, temporarily, the license of a physician
18without a hearing, a hearing by the Medical Disciplinary Board
19shall be held within 15 days after such suspension has
20occurred and shall be concluded without appreciable delay.
21(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
22    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 38. Subpoena; oaths.
25    (a) The Medical Disciplinary Board or Department has power

 

 

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1to subpoena and bring before it any person in this State and to
2take testimony either orally or by deposition, or both, with
3the same fees and mileage and in the same manner as is
4prescribed by law for judicial procedure in civil cases.
5    (b) The Medical Disciplinary Board or Department, upon a
6determination that probable cause exists that a violation of
7one or more of the grounds for discipline listed in Section 22
8has occurred or is occurring, may subpoena the medical and
9hospital records of individual patients of physicians licensed
10under this Act, provided, that prior to the submission of such
11records to the Medical Disciplinary Board, all information
12indicating the identity of the patient shall be removed and
13deleted. Notwithstanding the foregoing, the Medical
14Disciplinary Board and Department shall possess the power to
15subpoena copies of hospital or medical records in mandatory
16report cases under Section 23 alleging death or permanent
17bodily injury when consent to obtain records is not provided
18by a patient or legal representative. Prior to submission of
19the records to the Medical Disciplinary Board, all information
20indicating the identity of the patient shall be removed and
21deleted. All medical records and other information received
22pursuant to subpoena shall be confidential and shall be
23afforded the same status as is proved information concerning
24medical studies in Part 21 of Article VIII of the Code of Civil
25Procedure. The use of such records shall be restricted to
26members of the Medical Disciplinary Board, the medical

 

 

10200HB0806sam001- 101 -LRB102 02614 SPS 26970 a

1coordinators, and appropriate staff of the Department
2designated by the Medical Disciplinary Board for the purpose
3of determining the existence of one or more grounds for
4discipline of the physician as provided for by Section 22 of
5this Act. Any such review of individual patients' records
6shall be conducted by the Medical Disciplinary Board in strict
7confidentiality, provided that such patient records shall be
8admissible in a disciplinary hearing, before the Medical
9Disciplinary Board, when necessary to substantiate the grounds
10for discipline alleged against the physician licensed under
11this Act, and provided further, that nothing herein shall be
12deemed to supersede the provisions of Part 21 of Article VIII
13of the "Code of Civil Procedure", as now or hereafter amended,
14to the extent applicable.
15    (c) The Secretary, hearing officer, and any member of the
16Medical Disciplinary Board each have power to administer oaths
17at any hearing which the Medical Disciplinary Board or
18Department is authorized by law to conduct.
19    (d) The Medical Disciplinary Board, upon a determination
20that probable cause exists that a violation of one or more of
21the grounds for discipline listed in Section 22 has occurred
22or is occurring on the business premises of a physician
23licensed under this Act, may issue an order authorizing an
24appropriately qualified investigator employed by the
25Department to enter upon the business premises with due
26consideration for patient care of the subject of the

 

 

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1investigation so as to inspect the physical premises and
2equipment and furnishings therein. No such order shall include
3the right of inspection of business, medical, or personnel
4records located on the premises. For purposes of this Section,
5"business premises" is defined as the office or offices where
6the physician conducts the practice of medicine. Any such
7order shall expire and become void five business days after
8its issuance by the Medical Disciplinary Board. The execution
9of any such order shall be valid only during the normal
10business hours of the facility or office to be inspected.
11(Source: P.A. 101-316, eff. 8-9-19.)
 
12    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 39. Certified shorthand reporter; record. The
15Department, at its expense, shall provide a certified
16shorthand reporter to take down the testimony and preserve a
17record of all proceedings at the hearing of any case wherein a
18license may be revoked, suspended, placed on probationary
19status, or other disciplinary action taken with regard thereto
20in accordance with Section 2105-115 of the Department of
21Professional Regulation Law of the Civil Administrative Code
22of Illinois. The notice of hearing, complaint and all other
23documents in the nature of pleadings and written motions filed
24in the proceedings, the transcript of testimony, the report of
25the hearing officer, exhibits, the report of the Medical

 

 

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1Board, and the orders of the Department constitute the record
2of the proceedings.
3(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
 
4    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 40. Findings and recommendations; rehearing.
7    (a) The Medical Disciplinary Board shall present to the
8Secretary a written report of its findings and
9recommendations. A copy of such report shall be served upon
10the accused person, either personally or by mail or email.
11Within 20 days after such service, the accused person may
12present to the Department his or her motion, in writing, for a
13rehearing, which written motion shall specify the particular
14ground therefor. If the accused person orders and pays for a
15transcript of the record as provided in Section 39, the time
16elapsing thereafter and before such transcript is ready for
17delivery to them shall not be counted as part of such 20 days.
18    (b) At the expiration of the time allowed for filing a
19motion for rehearing, the Secretary may take the action
20recommended by the Medical Disciplinary Board. Upon the
21suspension, revocation, placement on probationary status, or
22the taking of any other disciplinary action, including the
23limiting of the scope, nature, or extent of one's practice,
24deemed proper by the Department, with regard to the license or
25permit, the accused shall surrender his or her license or

 

 

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1permit to the Department, if ordered to do so by the
2Department, and upon his or her failure or refusal so to do,
3the Department may seize the same.
4    (c) Each order of revocation, suspension, or other
5disciplinary action shall contain a brief, concise statement
6of the ground or grounds upon which the Department's action is
7based, as well as the specific terms and conditions of such
8action. This document shall be retained as a permanent record
9by the Department Disciplinary Board and the Secretary.
10    (d) (Blank). The Department shall at least annually
11publish a list of the names of all persons disciplined under
12this Act in the preceding 12 months. Such lists shall be
13available by the Department on its website.
14    (e) In those instances where an order of revocation,
15suspension, or other disciplinary action has been rendered by
16virtue of a physician's physical illness, including, but not
17limited to, deterioration through the aging process, or loss
18of motor skill which results in a physician's inability to
19practice medicine with reasonable judgment, skill, or safety,
20the Department shall only permit this document, and the record
21of the hearing incident thereto, to be observed, inspected,
22viewed, or copied pursuant to court order.
23(Source: P.A. 101-316, eff. 8-9-19.)
 
24    (225 ILCS 60/41)  (from Ch. 111, par. 4400-41)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 41. Administrative review; certification of record.
2    (a) All final administrative decisions of the Department
3are subject to judicial review pursuant to the Administrative
4Review Law and its rules. The term "administrative decision"
5is defined as in Section 3-101 of the Code of Civil Procedure.
6    (b) Proceedings for judicial review shall be commenced in
7the circuit court of the county in which the party applying for
8review resides; but if the party is not a resident of this
9State, the venue shall be in Sangamon County.
10    (c) The Department shall not be required to certify any
11record to the court, to file an answer in court, or to
12otherwise appear in any court in a judicial review proceeding
13unless and until the Department has received from the
14plaintiff payment of the costs of furnishing and certifying
15the record, which costs shall be determined by the Department.
16Exhibits shall be certified without cost. Failure on the part
17of the plaintiff to file a receipt in court shall be grounds
18for dismissal of the action. During the pendency and hearing
19of any and all judicial proceedings incident to the
20disciplinary action the sanctions imposed upon the accused by
21the Department because of acts or omissions related to the
22delivery of direct patient care as specified in the
23Department's final administrative decision, shall as a matter
24of public policy remain in full force and effect in order to
25protect the public pending final resolution of any of the
26proceedings.

 

 

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1(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
2    (225 ILCS 60/42)  (from Ch. 111, par. 4400-42)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 42. An order of revocation, suspension, placing the
5license on probationary status, or other formal disciplinary
6action as the Department may deem proper, or a certified copy
7thereof, over the seal of the Department and purporting to be
8signed by the Secretary, is prima facie proof that:
9        (a) Such signature is the genuine signature of the
10    Secretary;
11        (b) The Secretary is duly appointed and qualified; and
12        (c) The Medical Disciplinary Board and the members
13    thereof are qualified.
14    Such proof may be rebutted.
15(Source: P.A. 97-622, eff. 11-23-11.)
 
16    (225 ILCS 60/44)  (from Ch. 111, par. 4400-44)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 44. None of the disciplinary functions, powers and
19duties enumerated in this Act shall be exercised by the
20Department except upon the action and report in writing of the
21Medical Disciplinary Board.
22    In all instances, under this Act, in which the Medical
23Disciplinary Board has rendered a recommendation to the
24Secretary with respect to a particular physician, the

 

 

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1Secretary may take action contrary to the recommendation of
2the Medical Board. In shall, in the event that the Secretary he
3or she disagrees with or takes action contrary to the
4recommendation of the Medical Disciplinary Board, file with
5the Medical Disciplinary Board his or her specific written
6reasons of disagreement with the Medical Disciplinary Board.
7Such reasons shall be filed within 30 days of the occurrence of
8the Secretary's contrary position having been taken.
9    The action and report in writing of a majority of the
10Medical Disciplinary Board designated is sufficient authority
11upon which the Secretary may act.
12    Whenever the Secretary is satisfied that substantial
13justice has not been done either in an examination, or in a
14formal disciplinary action, or refusal to restore a license,
15he or she may order a reexamination or rehearing by the same or
16other examiners.
17(Source: P.A. 97-622, eff. 11-23-11.)
 
18    (225 ILCS 60/47)  (from Ch. 111, par. 4400-47)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 47. Administrative Procedure Act. The Illinois
21Administrative Procedure Act is hereby expressly adopted and
22incorporated herein as if all of the provisions of that Act
23were included in this Act, except that the provision of
24subsection (d) of Section 10-65 of the Illinois Administrative
25Procedure Act that provides that at hearings the licensee has

 

 

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1the right to show compliance with all lawful requirements for
2retention, continuation or renewal of the license is
3specifically excluded. For the purposes of this Act the notice
4required under Section 10-25 of the Illinois Administrative
5Procedure Act is deemed sufficient when mailed or emailed to
6the address of record of a party.
7(Source: P.A. 97-622, eff. 11-23-11.)
 
8    Section 25. The Boxing and Full-contact Martial Arts Act
9is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
1013, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,
1122, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and
122.5 as follows:
 
13    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 1. Short title and definitions.
16    (a) This Act may be cited as the Boxing and Full-contact
17Martial Arts Act.
18    (b) As used in this Act:
19        "Department" means the Department of Financial and
20    Professional Regulation.
21        "Secretary" means the Secretary of Financial and
22    Professional Regulation or a person authorized by the
23    Secretary to act in the Secretary's stead.
24        "Board" means the State of Illinois Athletic Board

 

 

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1    established pursuant to this Act.
2        "License" means the license issued for promoters,
3    professionals, amateurs, or officials in accordance with
4    this Act.
5        "Contest Professional contest" means a boxing or
6    full-contact martial arts competition in which all of the
7    participants competing against one another are
8    professionals or amateurs and where the public is able to
9    attend or a fee is charged.
10        "Permit" means the authorization from the Department
11    to a promoter to conduct professional or amateur contests,
12    or a combination of both.
13        "Promoter" means a person who is licensed and who
14    holds a permit to conduct professional or amateur
15    contests, or a combination of both.
16        Unless the context indicates otherwise, "person"
17    includes, but is not limited to, an individual,
18    association, organization, business entity, gymnasium, or
19    club.
20        "Judge" means a person licensed by the Department who
21    is located at ringside or adjacent to the fighting area
22    during a professional contest and who has the
23    responsibility of scoring the performance of the
24    participants in that professional or amateur contest.
25        "Referee" means a person licensed by the Department
26    who has the general supervision of and is present inside

 

 

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1    of the ring or fighting area during a professional or
2    amateur contest.
3        "Amateur" means a person licensed registered by the
4    Department who is not competing for, and has never
5    received or competed for, any purse or other article of
6    value, directly or indirectly, either for participating in
7    any contest or for the expenses of training therefor,
8    other than a non-monetary prize that does not exceed $50
9    in value.
10        "Professional" means a person licensed by the
11    Department who competes for a money prize, purse, or other
12    type of compensation in a professional contest held in
13    Illinois.
14        "Second" means a person licensed by the Department who
15    is present at any professional or amateur contest to
16    provide assistance or advice to a professional during the
17    contest.
18        "Matchmaker" means a person licensed by the Department
19    who brings together professionals or amateurs to compete
20    in contests.
21        "Manager" means a person licensed by the Department
22    who is not a promoter and who, under contract, agreement,
23    or other arrangement, undertakes to, directly or
24    indirectly, control or administer the affairs of
25    contestants professionals.
26        "Timekeeper" means a person licensed by the Department

 

 

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1    who is the official timer of the length of rounds and the
2    intervals between the rounds.
3        "Purse" means the financial guarantee or any other
4    remuneration for which contestants are participating in a
5    professional contest.
6        "Physician" means a person licensed to practice
7    medicine in all its branches under the Medical Practice
8    Act of 1987.
9        "Martial arts" means a discipline or combination of
10    different disciplines that utilizes sparring techniques
11    without the intent to injure, disable, or incapacitate
12    one's opponent, such as, but not limited to, Karate, Kung
13    Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.
14        "Full-contact martial arts" means the use of a
15    singular discipline or a combination of techniques from
16    different disciplines of the martial arts, including,
17    without limitation, full-force grappling, kicking, and
18    striking with the intent to injure, disable, or
19    incapacitate one's opponent.
20        "Amateur contest" means a boxing or full-contact
21    martial arts competition in which all of the participants
22    competing against one another are amateurs and where the
23    public is able to attend or a fee is charged.
24        "Contestant" means a person who competes in either a
25    boxing or full-contact martial arts contest.
26        "Address of record" means the designated address

 

 

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1    recorded by the Department in the applicant's or
2    licensee's application file or , license file, or
3    registration file as maintained by the Department's
4    licensure maintenance unit. It is the duty of the
5    applicant or licensee to inform the Department of any
6    change of address and those changes must be made either
7    through the Department's website or by contacting the
8    Department.
9        "Bout" means one match between 2 contestants.
10        "Sanctioning body" means an organization approved by
11    the Department under the requirements and standards stated
12    in this Act and the rules adopted under this Act to act as
13    a governing body that sanctions professional or amateur
14    full-contact martial arts contests.
15        "Email address of record" means the designated email
16    address recorded by the Department in the applicant's
17    application file or the licensee's license file as
18    maintained by the Department's licensure maintenance unit.
19(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
2097-1123, eff. 8-27-12.)
 
21    (225 ILCS 105/1.4 new)
22    Sec. 1.4. Address of record; email address of record. All
23applicants and licensees shall:
24        (1) provide a valid address and email address to the
25    Department, which shall serve as the address of record and

 

 

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1    email address of record, respectively, at the time of
2    application for licensure or renewal of a license; and
3        (2) inform the Department of any change of address of
4    record or email address of record within 14 days after
5    such change either through the Department's website or by
6    contacting the Department's licensure maintenance unit.
 
7    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 2. State of Illinois Athletic Board.
10    (a) The Secretary shall appoint members to the State of
11Illinois Athletic Board. The Board shall consist of 7 members
12who shall serve in an advisory capacity to the Secretary.
13There is created the State of Illinois Athletic Board
14consisting of 6 persons who shall be appointed by and shall
15serve in an advisory capacity to the Secretary, and the State
16Professional Boxing Board shall be disbanded. One member of
17the Board shall be a physician licensed to practice medicine
18in all of its branches. One member of the Board shall be a
19member of the full-contact martial arts community. One and one
20member of the Board shall be a member of either the
21full-contact martial arts community or the boxing community.
22The Secretary shall appoint each member to serve for a term of
233 years and until his or her successor is appointed and
24qualified. One member of the board shall be designated as the
25Chairperson and one member shall be designated as the

 

 

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1Vice-chairperson. No member shall be appointed to the Board
2for a term which would cause continuous service to be more than
39 years. Each member of the board shall receive compensation
4for each day he or she is engaged in transacting the business
5of the board and, in addition, shall be reimbursed for his or
6her authorized and approved expenses necessarily incurred in
7relation to such service in accordance with the travel
8regulations applicable to the Department at the time the
9expenses are incurred.
10    (b) Board members shall serve 5-year terms and until their
11successors are appointed and qualified.
12    (c) In appointing members to the Board, the Secretary
13shall give due consideration to recommendations by members and
14organizations of the martial arts and boxing industry.
15    (d) The membership of the Board should reasonably reflect
16representation from the geographic areas in this State.
17    (e) No member shall be appointed to the Board for a term
18that would cause his or her continuous service on the Board to
19be longer than 2 consecutive 5-year terms.
20    (f) The Secretary may terminate the appointment of any
21member for cause that in the opinion of the Secretary
22reasonably justified such termination, which may include, but
23is not limited to, a Board member who does not attend 2
24consecutive meetings.
25    (g) Appointments to fill vacancies shall be made in the
26same manner as original appointments, for the unexpired

 

 

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1portion of the vacated term.
2    (h) Four members of the Board shall constitute a quorum. A
3quorum is required for Board decisions.
4    (i) Members of the Board shall have no liability in any
5action based upon activity performed in good faith as members
6of the Board.
7    (j) Members of the Board may be reimbursed for all
8legitimate, necessary, and authorized expenses.
9    Four members shall constitute a quorum.
10    The members of the Board shall be immune from suit in any
11action based upon any disciplinary proceedings or other acts
12performed in good faith as members of the Board.
13    The Secretary may remove any member of the Board for
14misconduct, incapacity, or neglect of duty. The Secretary
15shall reduce to writing any causes for removal.
16(Source: P.A. 97-119, eff. 7-14-11.)
 
17    (225 ILCS 105/2.5 new)
18    Sec. 2.5. Powers and duties of the Board.
19    (a) Subject to the provisions of this Act, the Board shall
20exercise the following functions, powers, and duties:
21        (1) The Board shall hold at least one meeting each
22    year.
23        (2) The Board shall elect a chairperson and a vice
24    chairperson.
25    (b) The Department may, at any time, seek the expert

 

 

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1advice and knowledge of the Board on any matter relating to the
2enforcement of this Act.
 
3    (225 ILCS 105/5)  (from Ch. 111, par. 5005)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 5. Powers and duties of the Department. The
6Department shall, subject to the provisions of this Act,
7exercise the following functions, powers, and duties:
8        (1) Ascertain the qualifications and fitness of
9    applicants for license and permits.
10        (2) Adopt rules required for the administration of
11    this Act.
12        (3) Conduct hearings on proceedings to refuse to
13    issue, renew, or restore licenses and revoke, suspend,
14    place on probation, or reprimand those licensed under the
15    provisions of this Act.
16        (4) Issue licenses to those who meet the
17    qualifications of this Act and its rules.
18        (5) Conduct investigations related to possible
19    violations of this Act.
20The Department shall exercise, but subject to the provisions
21of this Act, the following functions, powers, and duties: (a)
22to ascertain the qualifications and fitness of applicants for
23licenses and permits; (b) to prescribe rules and regulations
24for the administration of the Act; (c) to conduct hearings on
25proceedings to refuse to issue, refuse to renew, revoke,

 

 

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1suspend, or subject to reprimand licenses or permits under
2this Act; and (d) to revoke, suspend, or refuse issuance or
3renewal of such licenses or permits.
4(Source: P.A. 92-499, eff. 1-1-02.)
 
5    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 6. Restricted contests and events.
8    (a) All professional and amateur contests, or a
9combination of both, in which physical contact is made are
10prohibited in Illinois unless authorized by the Department
11pursuant to the requirements and standards stated in this Act
12and the rules adopted pursuant to this Act. This subsection
13(a) does not apply to any of the following:
14        (1) Amateur boxing or full-contact martial arts
15    contests conducted by accredited secondary schools,
16    colleges, or universities, although a fee may be charged.
17        (2) Amateur boxing contests that are sanctioned by USA
18    Boxing or any other sanctioning organization approved by
19    the Department as determined by rule Association of Boxing
20    Commissions.
21        (3) Amateur boxing or full-contact martial arts
22    contests conducted by a State, county, or municipal
23    entity, including those events held by any agency
24    organized under these entities.
25        (4) Amateur martial arts contests that are not defined

 

 

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1    as full-contact martial arts contests under this Act,
2    including, but not limited to, Karate, Kung Fu, Judo,
3    Jujutsu, Tae Kwon Do, and Kyuki-Do.
4        (5) Full-contact martial arts contests, as defined by
5    this Act, that are recognized by the International Olympic
6    Committee or are contested in the Olympic Games and are
7    not conducted in an enclosed fighting area or ring.
8    No other amateur boxing or full-contact martial arts
9contests shall be permitted unless authorized by the
10Department.
11    (b) The Department shall have the authority to determine
12whether a professional or amateur contest is exempt for
13purposes of this Section.
14(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
1597-1123, eff. 8-27-12.)
 
16    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 7. Authorization to conduct contests; sanctioning
19bodies.
20    (a) In order to conduct a professional contest or,
21beginning 6 months after the adoption of rules pertaining to
22an amateur contest, an amateur contest, or a combination of
23both, in this State, a promoter shall obtain a permit issued by
24the Department in accordance with this Act and the rules and
25regulations adopted pursuant thereto. This permit shall

 

 

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1authorize one or more professional or amateur contests, or a
2combination of both.
3    (b) Before January 1, 2023, amateur Amateur full-contact
4martial arts contests must be registered and sanctioned by a
5sanctioning body approved by the Department for that purpose
6under the requirements and standards stated in this Act and
7the rules adopted under this Act.
8    (c) On and after January 1, 2023, a promoter for an amateur
9full-contact martial arts contest shall obtain a permit issued
10by the Department under the requirements and standards set
11forth in this Act and the rules adopted under this Act.
12    (d) On and after January 1, 2023, the Department shall not
13approve any sanctioning body. A sanctioning body's approval by
14the Department that was received before January 1, 2023 is
15withdrawn on January 1, 2023.
16    (e) A permit issued under this Act is not transferable.
17(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
18    (225 ILCS 105/8)  (from Ch. 111, par. 5008)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 8. Permits.
21    (a) A promoter who desires to obtain a permit to conduct a
22professional or amateur contest, or a combination of both,
23shall apply to the Department at least 30 calendar 20 days
24prior to the event, in writing or electronically, on forms
25prescribed furnished by the Department. The application shall

 

 

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1be accompanied by the required fee and shall contain, but not
2be limited to, the following information to be submitted at
3times specified by rule:
4        (1) the legal names and addresses of the promoter;
5        (2) the name of the matchmaker;
6        (3) the time and exact location of the professional or
7    amateur contest, or a combination of both. It is the
8    responsibility of the promoter to ensure that the building
9    to be used for the event complies with all laws,
10    ordinances, and regulations in the city, town, village, or
11    county where the contest is to be held;
12        (4) the signed and executed copy of the event venue
13    lease agreement; and proof of adequate security measures,
14    as determined by Department rule, to ensure the protection
15    of the safety of contestants and the general public while
16    attending professional or amateur contests, or a
17    combination of both;
18        (5) proof of adequate medical supervision, as
19    determined by Department rule, to ensure the protection of
20    the health and safety of professionals' or amateurs' while
21    participating in the contest;
22        (5) (6) the initial list of names of the professionals
23    or amateurs competing subject to Department approval. ;
24        (7) proof of insurance for not less than $50,000 as
25    further defined by rule for each professional or amateur
26    participating in a professional or amateur contest, or a

 

 

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1    combination of both; insurance required under this
2    paragraph (7) shall cover (i) hospital, medication,
3    physician, and other such expenses as would accrue in the
4    treatment of an injury as a result of the professional or
5    amateur contest; (ii) payment to the estate of the
6    professional or amateur in the event of his or her death as
7    a result of his or her participation in the professional
8    or amateur contest; and (iii) accidental death and
9    dismemberment; the terms of the insurance coverage must
10    not require the contestant to pay a deductible. The
11    promoter may not carry an insurance policy with a
12    deductible in an amount greater than $500 for the medical,
13    surgical, or hospital care for injuries a contestant
14    sustains while engaged in a contest, and if a licensed or
15    registered contestant pays for the medical, surgical, or
16    hospital care, the insurance proceeds must be paid to the
17    contestant or his or her beneficiaries as reimbursement
18    for such payment;
19        (8) the amount of the purses to be paid to the
20    professionals for the event; the Department shall adopt
21    rules for payment of the purses;
22        (9) organizational or internationally accepted rules,
23    per discipline, for professional or amateur full-contact
24    martial arts contests where the Department does not
25    provide the rules;
26        (10) proof of contract indicating the requisite

 

 

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1    registration and sanctioning by a Department approved
2    sanctioning body for any full-contact martial arts contest
3    with scheduled amateur bouts; and
4        (11) any other information that the Department may
5    require to determine whether a permit shall be issued.
6    (b) The Department may issue a permit to any promoter who
7meets the requirements of this Act and the rules. The permit
8shall only be issued for a specific date and location of a
9professional or amateur contest, or a combination of both, and
10shall not be transferable. The Department may allow a promoter
11to amend a permit application to hold a professional or
12amateur contest, or a combination of both, in a different
13location other than the application specifies if all
14requirements of this Section are met, waiving the 30-day
15provision of subsection (a) and may allow the promoter to
16substitute professionals or amateurs, respectively.
17    (c) The Department shall be responsible for assigning the
18judges, timekeepers, referees, and physicians, for a
19professional contest, an amateur contest, or a combination of
20both. Compensation shall be determined by the Department, and
21it shall be the responsibility of the promoter to pay the
22individuals utilized.
23    (d) The promoter shall submit the following documents to
24the Department at times specified by rule:
25        (1) proof of adequate security measures, as determined
26    by rule, to ensure the protection of the safety of

 

 

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1    contestants and the general public while attending
2    professional contests, amateur contests, or a combination
3    of both;
4        (2) proof of adequate medical supervision, as
5    determined by rule, to ensure the protection of the health
6    and safety of professionals or amateurs while
7    participating in contests;
8        (3) the complete and final list of names of the
9    professionals or amateurs competing, subject to Department
10    approval, which shall be submitted up to 48 hours prior to
11    the event date specified in the permit;
12        (4) proof of insurance for not less than $50,000 as
13    further defined by rule for each professional or amateur
14    participating in a professional or amateur contest, or a
15    combination of both; insurance required under this
16    paragraph shall cover: (i) hospital, medication,
17    physician, and other such expenses as would accrue in the
18    treatment of an injury as a result of the professional or
19    amateur contest; (ii) payment to the estate of the
20    professional or amateur in the event of his or her death as
21    a result of his or her participation in the professional
22    or amateur contest; and (iii) accidental death and
23    dismemberment; the terms of the insurance coverage shall
24    require the promoter, not the licensed contestant, to pay
25    the policy deductible for the medical, surgical, or
26    hospital care of a contestant for injuries a contestant

 

 

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1    sustained while engaged in a contest; if a licensed
2    contestant pays for the medical, surgical, or hospital
3    care, the insurance proceeds shall be paid to the
4    contestant or his or her beneficiaries as reimbursement
5    for such payment;
6        (5) the amount of the purses to be paid to the
7    professionals for the event as determined by rule;
8        (6) organizational or internationally accepted rules,
9    per discipline, for professional or amateur full-contact
10    martial arts contests if the Department does not provide
11    the rules for Department approval; and
12        (7) any other information the Department may require,
13    as determined by rule, to issue a permit.
14    (e) If the accuracy, relevance, or sufficiency of any
15submitted documentation is questioned by the Department
16because of lack of information, discrepancies, or conflicts in
17information given or a need for clarification, the promoter
18seeking a permit may be required to provide additional
19information.
20(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
 
21    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 10. Who must be licensed.
24    (a) In order to participate in professional contests the
25following persons must each be licensed and in good standing

 

 

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1with the Department: (a) professionals and amateurs, (b)
2seconds, (c) referees, (d) judges, (e) managers, (f)
3matchmakers, and (g) timekeepers.
4    (b) In order to participate in professional or amateur
5contests or a combination of both, promoters must be licensed
6and in good standing with the Department.
7    (c) Announcers may participate in professional or amateur
8contests, or a combination of both, without being licensed
9under this Act. It shall be the responsibility of the promoter
10to ensure that announcers comply with the Act, and all rules
11and regulations promulgated pursuant to this Act.
12    (d) A licensed promoter may not act as, and cannot be
13licensed as, a second, professional, referee, timekeeper,
14judge, or manager. If he or she is so licensed, he or she must
15relinquish any of these licenses to the Department for
16cancellation. A person possessing a valid promoter's license
17may act as a matchmaker.
18    (e) Participants in amateur full-contact martial arts
19contests taking place before January 1, 2023 are not required
20to obtain licenses by the Department, except for promoters of
21amateur contests.
22(Source: P.A. 97-119, eff. 7-14-11.)
 
23    (225 ILCS 105/11)  (from Ch. 111, par. 5011)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 11. Qualifications for license. The Department shall

 

 

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1grant licenses to the following persons if the following
2qualifications are met:
3        (1) An applicant for licensure as a professional or
4    amateur must: (1) be 18 years old, (2) be of good moral
5    character, (3) file an application stating the applicant's
6    legal name (and no assumed or ring name may be used unless
7    such name is registered with the Department along with the
8    applicant's legal name), date and place of birth, place of
9    current residence, and a sworn statement that he or she is
10    not currently in violation of any federal, State or local
11    laws or rules governing boxing or full-contact martial
12    arts, (4) file a certificate from a physician licensed to
13    practice medicine in all of its branches which attests
14    that the applicant is physically fit and qualified to
15    participate in professional or amateur contests, and (5)
16    pay the required fee and meet any other requirements as
17    determined by rule. Applicants over age 35 who have not
18    competed in a professional or amateur contest within the
19    12 last 36 months preceding their application for
20    licensure or have insufficient experience to participate
21    in a professional or amateur contest may be required to
22    appear before the Department to determine their fitness to
23    participate in a professional or amateur contest. A
24    picture identification card shall be issued to all
25    professionals licensed by the Department who are residents
26    of Illinois or who are residents of any jurisdiction,

 

 

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1    state, or country that does not regulate professional
2    boxing or full-contact martial arts. The identification
3    card shall be presented to the Department or its
4    representative upon request at weigh-ins.
5        (2) An applicant for licensure as a referee, judge,
6    manager, second, matchmaker, or timekeeper must: (1) be of
7    good moral character, (2) file an application stating the
8    applicant's name, date and place of birth, and place of
9    current residence along with a certifying statement that
10    he or she is not currently in violation of any federal,
11    State, or local laws or rules governing boxing, or
12    full-contact martial arts, (3) have had satisfactory
13    experience in his or her field as defined by rule, (4) pay
14    the required fee, and (5) meet any other requirements as
15    determined by rule.
16        (3) An applicant for licensure as a promoter must: (1)
17    be of good moral character, (2) file an application with
18    the Department stating the applicant's name, date and
19    place of birth, place of current residence along with a
20    certifying statement that he or she is not currently in
21    violation of any federal, State, or local laws or rules
22    governing boxing or full-contact martial arts, (3) pay the
23    required fee and meet any other requirements as
24    established by rule, and (4) in addition to the foregoing,
25    an applicant for licensure as a promoter of professional
26    or amateur contests or a combination of both professional

 

 

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1    and amateur bouts in one contest shall also provide (i)
2    proof of a surety bond of no less than $5,000 to cover
3    financial obligations under this Act, payable to the
4    Department and conditioned for the payment of the tax
5    imposed by this Act and compliance with this Act, and the
6    rules adopted under this Act, and (ii) a financial
7    statement, prepared by a certified public accountant,
8    showing liquid working capital of $10,000 or more, or a
9    $10,000 performance bond guaranteeing payment of all
10    obligations relating to the promotional activities payable
11    to the Department and conditioned for the payment of the
12    tax imposed by this Act and its rules.
13        (4) All applicants shall submit an application to the
14    Department, in writing or electronically, on forms
15    prescribed provided by the Department, containing such
16    information as determined by rule.
17    In determining good moral character, the Department may
18take into consideration any violation of any of the provisions
19of Section 16 of this Act as to referees, judges, managers,
20matchmakers, timekeepers, or promoters and any felony
21conviction of the applicant, but such a conviction shall not
22operate as a bar to licensure. No license issued under this Act
23is transferable.
24    The Department may issue temporary licenses as provided by
25rule.
26(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 

 

 

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1    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 12. Professional or amateur contests.
4    (a) The professional or amateur contest, or a combination
5of both, shall be held in an area where adequate neurosurgical
6facilities are immediately available for skilled emergency
7treatment of an injured professional or amateur.
8    (b) Each professional or amateur shall be examined before
9the contest and promptly after each bout by a physician. The
10physician shall determine, prior to the contest, if each
11professional or amateur is physically fit to compete in the
12contest. After the bout the physician shall examine the
13professional or amateur to determine possible injury. If the
14professional's or amateur's physical condition so indicates,
15the physician shall recommend to the Department immediate
16medical suspension. The physician or a licensed paramedic must
17check the vital signs of all contestants as established by
18rule.
19    (c) The physician may, at any time during the professional
20or amateur bout, stop the professional or amateur bout to
21examine a professional or amateur contestant and may direct
22the referee to terminate the bout when, in the physician's
23opinion, continuing the bout could result in serious injury to
24the professional or amateur. If the professional's or
25amateur's physical condition so indicates, the physician shall

 

 

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1recommend to the Department immediate medical suspension. The
2physician shall certify to the condition of the professional
3or amateur in writing, over his or her signature on forms
4prescribed provided by the Department. Such reports shall be
5submitted to the Department in a timely manner.
6    (d) No professional or amateur contest, or a combination
7of both, shall be allowed to begin or be held unless at least
8one physician, at least one EMT and one paramedic, and one
9ambulance have been contracted with solely for the care of
10professionals or amateurs who are competing as defined by
11rule.
12    (e) No professional boxing bout shall be more than 12
13rounds in length. The rounds shall not be more than 3 minutes
14each with a minimum one-minute one minute interval between
15them, and no professional boxer shall be allowed to
16participate in more than one contest within a 7-day period.
17    The number and length of rounds for all other professional
18or amateur boxing or full-contact martial arts contests, or a
19combination of both, shall be determined by rule.
20    (f) The number and types of officials required for each
21professional or amateur contest, or a combination of both,
22shall be determined by rule.
23    (g) The Department or its representative shall have
24discretion to declare a price, remuneration, or purse or any
25part of it belonging to the professional withheld if in the
26judgment of the Department or its representative the

 

 

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1professional is not honestly competing.
2    (h) The Department shall have the authority to prevent a
3professional or amateur contest, or a combination of both,
4from being held and shall have the authority to stop a
5professional or amateur contest, or a combination of both, for
6noncompliance with any part of this Act or rules or when, in
7the judgment of the Department, or its representative,
8continuation of the event would endanger the health, safety,
9and welfare of the professionals or amateurs or spectators.
10The Department's authority to stop a contest on the basis that
11the professional or amateur contest, or a combination of both,
12would endanger the health, safety, and welfare of the
13professionals or amateurs or spectators shall extend to any
14professional or amateur contest, or a combination of both,
15regardless of whether that amateur contest is exempted from
16the prohibition in Section 6 of this Act. Department staff, or
17its representative, may be present at any full-contact martial
18arts contest with scheduled amateur bouts.
19    (i) A professional shall only compete against another
20professional. An amateur shall only compete against another
21amateur.
22(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
 
23    (225 ILCS 105/13)  (from Ch. 111, par. 5013)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 13. Tickets; tax. Tickets to professional or amateur

 

 

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1contests, or a combination of both, shall be printed in such
2form as the Department shall prescribe. A certified inventory
3of all tickets printed for any professional or amateur
4contest, or a combination of both, shall be mailed to the
5Department by the promoter not less than 7 days before the
6contest. The total number of tickets sold printed shall not
7exceed the total seating capacity of the premises in which the
8professional or amateur contest, or a combination of both, is
9to be held. No tickets of admission to any professional or
10amateur contest, or a combination of both, shall be sold
11except those declared on an official ticket inventory as
12described in this Section.
13    A promoter who conducts a professional contest, an amateur
14contest, or a combination of both a professional and amateur
15contest under this Act shall, within 7 business days 24 hours
16after such a contest:
17        (1) furnish to the Department a written or electronic
18    report verified by the promoter or his or her authorized
19    designee showing the number of tickets sold for such a
20    contest or the actual ticket stubs of tickets sold and the
21    amount of the gross proceeds thereof; and
22        (2) pay to the Department a tax of 5% of gross receipts
23    from the sale of admission tickets, not to exceed $75,000
24    $52,500, to be collected by the Department and placed in
25    the General Professions Dedicated Athletics Supervision
26    and Regulation Fund, a special fund created in the State

 

 

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1    Treasury to be administered by the Department.
2    Moneys in the General Professions Dedicated Athletics
3Supervision and Regulation Fund shall be used by the
4Department, subject to appropriation, for expenses incurred in
5administering this Act. Moneys in the Fund may be transferred
6to the Professions Indirect Cost Fund, as authorized under
7Section 2105-300 of the Department of Professional Regulation
8Law.
9    In addition to the payment of any other taxes and money due
10under this Section, every promoter of a professional or a
11combination of a professional and amateur contest shall pay to
12the Department 3% of the first $500,000 and 4% thereafter,
13which shall not exceed $50,000 $35,000 in total from the total
14gross receipts from the sale, lease, or other exploitation of
15broadcasting, including, but not limited to, Internet, cable,
16television, and motion picture rights for that professional
17contest, amateur contest, or professional and amateur
18combination of both, contest or exhibition without any
19deductions for commissions, brokerage fees, distribution fees,
20advertising, professional contestants' purses, or any other
21expenses or charges. These fees shall be paid to the
22Department within 7 business days 72 hours after the
23conclusion of the broadcast of the contest and placed in the
24General Professions Dedicated Athletics Supervision and
25Regulation Fund.
26(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
 

 

 

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1    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15. Inspectors. The Secretary may appoint inspectors
4to assist the Department staff in the administration of the
5Act. Each inspector appointed by the Secretary shall receive
6compensation for each day he or she is engaged in the
7transacting of business of the Department. Each inspector
8shall carry a card issued by the Department to authorize him or
9her to act in such capacity. The inspector or inspectors shall
10supervise each professional contest, amateur contest, or
11combination of both and, at the Department's discretion, may
12supervise any contest to ensure that the provisions of the Act
13are strictly enforced.
14(Source: P.A. 97-119, eff. 7-14-11.)
 
15    (225 ILCS 105/16)  (from Ch. 111, par. 5016)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 16. Discipline and sanctions.
18    (a) The Department may refuse to issue a permit or ,
19license, or registration, refuse to renew, suspend, revoke,
20reprimand, place on probation, or take such other disciplinary
21or non-disciplinary action as the Department may deem proper,
22including the imposition of fines not to exceed $10,000 for
23each violation, with regard to any permit or , license, or
24registration for one or any combination of the following

 

 

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1reasons:
2        (1) gambling, betting, or wagering on the result of or
3    a contingency connected with a professional or amateur
4    contest, or a combination of both, or permitting such
5    activity to take place;
6        (2) participating in or permitting a sham or fake
7    professional or amateur contest, or a combination of both;
8        (3) holding the professional or amateur contest, or a
9    combination of both, at any other time or place than is
10    stated on the permit application;
11        (4) permitting any professional or amateur other than
12    those stated on the permit application to participate in a
13    professional or amateur contest, or a combination of both,
14    except as provided in Section 9;
15        (5) violation or aiding in the violation of any of the
16    provisions of this Act or any rules or regulations
17    promulgated thereto;
18        (6) violation of any federal, State or local laws of
19    the United States or other jurisdiction governing
20    professional or amateur contests or any regulation
21    promulgated pursuant thereto;
22        (7) charging a greater rate or rates of admission than
23    is specified on the permit application;
24        (8) failure to obtain all the necessary permits,
25    registrations, or licenses as required under this Act;
26        (9) failure to file the necessary bond or to pay the

 

 

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1    gross receipts or broadcast tax as required by this Act;
2        (10) engaging in dishonorable, unethical or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public, or which is detrimental to
5    honestly conducted contests;
6        (11) employment of fraud, deception or any unlawful
7    means in applying for or securing a permit or license
8    under this Act;
9        (12) permitting a physician making the physical
10    examination to knowingly certify falsely to the physical
11    condition of a professional or amateur;
12        (13) permitting professionals or amateurs of widely
13    disparate weights or abilities to engage in professional
14    or amateur contests, respectively;
15        (14) participating in a professional contest as a
16    professional while under medical suspension in this State
17    or in any other state, territory or country;
18        (15) physical illness, including, but not limited to,
19    deterioration through the aging process, or loss of motor
20    skills which results in the inability to participate in
21    contests with reasonable judgment, skill, or safety;
22        (16) allowing one's license or permit issued under
23    this Act to be used by another person;
24        (17) failing, within a reasonable time, to provide any
25    information requested by the Department as a result of a
26    formal or informal complaint;

 

 

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1        (18) professional incompetence;
2        (19) failure to file a return, or to pay the tax,
3    penalty or interest shown in a filed return, or to pay any
4    final assessment of tax, penalty or interest, as required
5    by any tax Act administered by the Illinois Department of
6    Revenue, until such time as the requirements of any such
7    tax Act are satisfied;
8        (20) (blank);
9        (21) habitual or excessive use or addiction to
10    alcohol, narcotics, stimulants, or any other chemical
11    agent or drug that results in an inability to participate
12    in an event;
13        (22) failure to stop a professional or amateur
14    contest, or a combination of both, when requested to do so
15    by the Department;
16        (23) failure of a promoter to adequately supervise and
17    enforce this Act and its rules as applicable to amateur
18    contests, as set forth in rule; or
19        (24) a finding by the Department that the licensee,
20    after having his or her license placed on probationary
21    status, has violated the terms of probation.
22    (b) The determination by a circuit court that a licensee
23is subject to involuntary admission or judicial admission as
24provided in the Mental Health and Developmental Disabilities
25Code operates as an automatic suspension. The suspension will
26end only upon a finding by a court that the licensee is no

 

 

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1longer subject to involuntary admission or judicial admission,
2issuance of an order so finding and discharging the licensee.
3    (c) In enforcing this Section, the Department, upon a
4showing of a possible violation, may compel any individual
5licensed to practice under this Act, or who has applied for
6licensure pursuant to this Act, to submit to a mental or
7physical examination, or both, as required by and at the
8expense of the Department. The examining physicians or
9clinical psychologists shall be those specifically designated
10by the Department. The Department may order the examining
11physician or clinical psychologist to present testimony
12concerning this mental or physical examination of the licensee
13or applicant. No information shall be excluded by reason of
14any common law or statutory privilege relating to
15communications between the licensee or applicant and the
16examining physician or clinical psychologist. Eye examinations
17may be provided by a physician licensed to practice medicine
18in all of its branches or a licensed and certified therapeutic
19optometrist. The individual to be examined may have, at his or
20her own expense, another physician of his or her choice
21present during all aspects of the examination. Failure of any
22individual to submit to a mental or physical examination, when
23directed, shall be grounds for suspension or revocation of a
24license.
25    (d) A contestant who tests positive for a banned
26substance, as defined by rule, shall have his or her license

 

 

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1immediately suspended. The license shall be subject to other
2discipline as authorized in this Section.
3(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
4    (225 ILCS 105/17)  (from Ch. 111, par. 5017)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 17. Administrative Procedure Act. The Illinois
7Administrative Procedure Act is hereby expressly adopted and
8incorporated herein as if all of the provisions of that Act
9were included in this Act. The Department shall not be
10required to annually verify email addresses as specified in
11paragraph (2) subsection (a) of Section 10-75 of the Illinois
12Administrative Procedure Act. For the purposes of this Act the
13notice required under Section 10-25 of the Illinois
14Administrative Procedure Act is deemed sufficient when mailed
15to the last known address of record or emailed to the email
16address of record a party.
17(Source: P.A. 88-45.)
 
18    (225 ILCS 105/17.7)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 17.7. Restoration of license from discipline.
21    (a) At any time after the successful completion of a term
22of indefinite probation, suspension, or revocation of a
23license under this Act, the Department may restore the license
24to the licensee unless, after an investigation and a hearing,

 

 

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1the Secretary determines that restoration is not in the public
2interest.
3    (b) If circumstances of suspension or revocation so
4indicate, the Department may require an examination of the
5licensee prior to restoring his or her license.
6    (c) No person whose license has been revoked as authorized
7in this Act may apply for restoration of that license until
8allowed under the Civil Administrative Code of Illinois.
9    (d) A license that has been suspended or revoked shall be
10considered nonrenewed for purposes of restoration under this
11Section and a licensee restoring his or her license from
12suspension or revocation must comply with the requirements for
13renewal as set forth in this Act and its rules.
14At any time after the successful completion of a term of
15indefinite probation, suspension, or revocation of a license,
16the Department may restore the license to the licensee, unless
17after an investigation and hearing the Secretary determines
18that restoration is not in the public interest. No person or
19entity whose license, certificate, or authority has been
20revoked as authorized in this Act may apply for restoration of
21that license, certification, or authority until such time as
22provided for in the Civil Administrative Code of Illinois.
23(Source: P.A. 97-119, eff. 7-14-11.)
 
24    (225 ILCS 105/17.8)
25    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 17.8. Surrender of license. Upon the revocation or
2suspension of a license or registration, the licensee shall
3immediately surrender his or her license to the Department. If
4the licensee fails to do so, the Department has the right to
5seize the license.
6(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
7    (225 ILCS 105/17.9)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 17.9. Summary suspension of a license or
10registration. The Secretary may summarily suspend a license or
11registration without a hearing if the Secretary finds that
12evidence in the Secretary's possession indicates that the
13continuation of practice would constitute an imminent danger
14to the public, participants, including any professional
15contest officials, or the individual involved or cause harm to
16the profession. If the Secretary summarily suspends the
17license without a hearing, a hearing must be commenced within
1830 days after the suspension has occurred and concluded as
19expeditiously as practical.
20(Source: P.A. 97-119, eff. 7-14-11.)
 
21    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 18. Investigations; notice and hearing.
24    (a) The Department may investigate the actions of any

 

 

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1applicant or of any person or entity holding or claiming to
2hold a license under this Act.
3    (b) The Department shall, before disciplining an applicant
4or licensee, at least 30 days prior to the date set for the
5hearing: (i) notify, in writing, the accused of the charges
6made and the time and place for the hearing on the charges;
7(ii) direct him or her to file a written answer to the charges,
8under oath, within 20 days after service of the notice; and
9(iii) inform the applicant or licensee that failure to file an
10answer will result in a default being entered against the
11applicant or licensee.
12    (c) Written or electronic notice, and any notice in the
13subsequent proceedings, may be served by personal delivery, by
14email, or by mail to the applicant or licensee at his or her
15address of record or email address of record.
16    (d) At the time and place fixed in the notice, the hearing
17officer appointed by the Secretary shall proceed to hear the
18charges, and the parties or their counsel shall be accorded
19ample opportunity to present any statement, testimony,
20evidence, and argument as may be pertinent to the charges or to
21their defense. The hearing officer may continue the hearing
22from time to time.
23    (e) If the licensee or applicant, after receiving the
24notice, fails to file an answer, his or her license may, in the
25discretion of the Secretary, be suspended, revoked, or placed
26on probationary status or be subject to whatever disciplinary

 

 

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1action the Secretary considers proper, including limiting the
2scope, nature, or extent of the person's practice or
3imposition of a fine, without hearing, if the act or acts
4charged constitute sufficient grounds for the action under
5this Act.
6The Department may investigate the actions of any applicant or
7of any person or persons promoting or participating in a
8professional or amateur contest or any person holding or
9claiming to hold a license. The Department shall, before
10revoking, suspending, placing on probation, reprimanding, or
11taking any other disciplinary action under this Act, at least
1230 days before the date set for the hearing, (i) notify the
13accused in writing of the charges made and the time and place
14for the hearing on the charges, (ii) direct him or her to file
15a written answer to the charges with the Department under oath
16within 20 days after the service on him or her of the notice,
17and (iii) inform the accused that, if he or she fails to
18answer, default will be taken against him or her or that his or
19her license may be suspended, revoked, or placed on
20probationary status or that other disciplinary action may be
21taken with regard to the license, including limiting the
22scope, nature, or extent of his or her practice, as the
23Department may consider proper. At the time and place fixed in
24the notice, the hearing officer shall proceed to hear the
25charges, and the parties or their counsel shall be accorded
26ample opportunity to present any pertinent statements,

 

 

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1testimony, evidence, and arguments. The hearing officer may
2continue the hearing from time to time. In case the person,
3after receiving the notice, fails to file an answer, his or her
4license may, in the discretion of the Department, be
5suspended, revoked, or placed on probationary status or the
6Department may take whatever disciplinary action considered
7proper, including limiting the scope, nature, or extent of the
8person's practice or the imposition of a fine, without a
9hearing, if the act or acts charged constitute sufficient
10grounds for that action under this Act. The written notice may
11be served by personal delivery or by certified mail to the
12person's address of record.
13(Source: P.A. 97-119, eff. 7-14-11.)
 
14    (225 ILCS 105/19)  (from Ch. 111, par. 5019)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 19. Hearing; Motion for rehearing Findings and
17recommendations.
18    (a) The hearing officer appointed by the Secretary shall
19hear evidence in support of the formal charges and evidence
20produced by the applicant or licensee. At the conclusion of
21the hearing, the hearing officer shall present to the
22Secretary a written report of his or her findings of fact,
23conclusions of law, and recommendations.
24    (b) A copy of the hearing officer's report shall be served
25upon the applicant or licensee, either personally or as

 

 

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1provided in this Act for the service of the notice of hearing.
2Within 20 calendar days after such service, the applicant or
3licensee may present to the Department a motion, in writing,
4for a rehearing that shall specify the particular grounds for
5rehearing. The Department may respond to the motion for
6rehearing within 20 calendar days after its service on the
7Department. If no motion for rehearing is filed, then upon the
8expiration of the time specified for filing such a motion, or
9upon denial of a motion for rehearing, the Secretary may enter
10an order in accordance with the recommendations of the hearing
11officer. If the applicant or licensee orders from the
12reporting service and pays for a transcript of the record
13within the time for filing a motion for rehearing, the 20
14calendar day period within which a motion may be filed shall
15commence upon delivery of the transcript to the applicant or
16licensee.
17    (c) If the Secretary disagrees in any regard with the
18report of the hearing officer, the Secretary may issue an
19order contrary to the report.
20    (d) Whenever the Secretary is not satisfied that
21substantial justice has been done, the Secretary may order a
22hearing by the same or another hearing officer.
23    (e) At any point in any investigation or disciplinary
24proceeding provided for in this Act, both parties may agree to
25a negotiated consent order. The consent order shall be final
26upon signature of the Secretary.

 

 

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1At the conclusion of the hearing, the hearing officer shall
2present to the Secretary a written report of its findings,
3conclusions of law, and recommendations. The report shall
4contain a finding of whether the accused person violated this
5Act or its rules or failed to comply with the conditions
6required in this Act or its rules. The hearing officer shall
7specify the nature of any violations or failure to comply and
8shall make its recommendations to the Secretary. In making
9recommendations for any disciplinary actions, the hearing
10officer may take into consideration all facts and
11circumstances bearing upon the reasonableness of the conduct
12of the accused and the potential for future harm to the public
13including, but not limited to, previous discipline of the
14accused by the Department, intent, degree of harm to the
15public and likelihood of harm in the future, any restitution
16made by the accused, and whether the incident or incidents
17contained in the complaint appear to be isolated or represent
18a continuing pattern of conduct. In making its recommendations
19for discipline, the hearing officer shall endeavor to ensure
20that the severity of the discipline recommended is reasonably
21related to the severity of the violation.
22    The report of findings of fact, conclusions of law, and
23recommendation of the hearing officer shall be the basis for
24the Department's order refusing to issue, restore, or renew a
25license, or otherwise disciplining a licensee. If the
26Secretary disagrees with the recommendations of the hearing

 

 

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1officer, the Secretary may issue an order in contravention of
2the hearing officer's recommendations. The finding is not
3admissible in evidence against the person in a criminal
4prosecution brought for a violation of this Act, but the
5hearing and finding are not a bar to a criminal prosecution
6brought for a violation of this Act.
7(Source: P.A. 97-119, eff. 7-14-11.)
 
8    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 19.1. Hearing officer Appointment of a hearing
11officer. Notwithstanding any provision of this Act, the
12Secretary has the authority to appoint an attorney duly
13licensed to practice law in the State of Illinois to serve as
14the hearing officer in any action for refusal to issue or renew
15a license or discipline a license. The hearing officer shall
16have full authority to conduct the hearing. The hearing
17officer shall report his or her findings of fact, conclusions
18of law, and recommendations to the Secretary The Secretary has
19the authority to appoint any attorney duly licensed to
20practice law in the State of Illinois to serve as the hearing
21officer in any action for refusal to issue, restore, or renew a
22license or discipline of a licensee. The hearing officer has
23full authority to conduct the hearing. The hearing officer
24shall report his or her findings of fact, conclusions of law,
25and recommendations to the Secretary. If the Secretary

 

 

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1determines that the hearing officer's report is contrary to
2the manifest weight of the evidence, he may issue an order in
3contravention of the recommendation.
4(Source: P.A. 97-119, eff. 7-14-11.)
 
5    (225 ILCS 105/19.5)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 19.5. Order or certified copy; prima facie proof. An
8order or certified copy thereof, over the seal of the
9Department and purporting to be signed by the Secretary, is
10prima facie proof that:
11        (1) the signature is the genuine signature of the
12    Secretary; and
13        (2) the Secretary is duly appointed and qualified;
14    and .
15        (3) the hearing officer is qualified to act.
16(Source: P.A. 97-119, eff. 7-14-11.)
 
17    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 20. Record of proceeding Stenographer; transcript.
20    (a) The Department, at its expense, shall provide a
21certified shorthand reporter to take down the testimony and
22preserve a record of all proceedings at the hearing of any case
23in which a licensee may be revoked, suspended, placed on
24probationary status, reprimanded, fined, or subjected to other

 

 

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1disciplinary action with reference to the license when a
2disciplinary action is authorized under this Act and rules.
3The notice of hearing, complaint, and all other documents in
4the nature of pleadings and written portions filed in the
5proceedings, the transcript of the testimony, the report of
6the hearing officer, and the orders of the Department shall be
7the record of the proceedings. The record may be made
8available to any person interested in the hearing upon payment
9of the fee required by Section 2105-115 of the Department of
10Professional Regulation Law of the Civil Administrative Code
11of Illinois.
12    (b) The Department may contract for court reporting
13services, and, if it does so, the Department shall provide the
14name and contact information for the certified shorthand
15reporter who transcribed the testimony at a hearing to any
16person interested, who may obtain a copy of the transcript of
17any proceedings at a hearing upon payment of the fee specified
18by the certified shorthand reporter.
19The Department, at its expense, shall provide a stenographer
20to take down the testimony and preserve a record of all
21proceedings at the hearing of any case wherein a license or
22permit is subjected to disciplinary action. The notice of
23hearing, complaint and all other documents in the nature of
24pleadings and written motions filed in the proceedings, the
25transcript of testimony, the report of the hearing officer and
26the orders of the Department shall be the record of the

 

 

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1proceedings. The Department shall furnish a transcript of the
2record to any person interested in the hearing upon payment of
3the fee required under Section 2105-115 of the Department of
4Professional Regulation Law (20 ILCS 2105/2105-115).
5(Source: P.A. 97-119, eff. 7-14-11.)
 
6    (225 ILCS 105/21)  (from Ch. 111, par. 5021)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 21. Injunctive action; cease and desist order.
9    (a) If a person violates the provisions of this Act, the
10Secretary Director, in the name of the People of the State of
11Illinois, through the Attorney General or the State's Attorney
12of the county in which the violation is alleged to have
13occurred, may petition for an order enjoining the violation or
14for an order enforcing compliance with this Act. Upon the
15filing of a verified petition, the court with appropriate
16jurisdiction may issue a temporary restraining order, without
17notice or bond, and may preliminarily and permanently enjoin
18the violation. If it is established that the person has
19violated or is violating the injunction, the court may punish
20the offender for contempt of court. Proceedings under this
21Section are in addition to, and not in lieu of, all other
22remedies and penalties provided by this Act.
23    (b) Whenever, in the opinion of the Department, a person
24violates any provision of this Act, the Department may issue a
25rule to show cause why an order to cease and desist should not

 

 

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1be entered against that person. The rule shall clearly set
2forth the grounds relied upon by the Department and shall
3allow at least 7 days from the date of the rule to file an
4answer satisfactory to the Department. Failure to answer to
5the satisfaction of the Department shall cause an order to
6cease and desist to be issued.
7(Source: P.A. 91-408, eff. 1-1-00.)
 
8    (225 ILCS 105/22)  (from Ch. 111, par. 5022)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 22. The expiration date and renewal period for each
11license issued under this Act shall be set by rule. The holder
12of a license may renew such license during the month preceding
13the expiration date thereof by paying the required fee and
14meeting additional requirements as determined by rule.
15(Source: P.A. 82-522.)
 
16    (225 ILCS 105/23)  (from Ch. 111, par. 5023)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 23. Fees.
19    (a) The fees for the administration and enforcement of
20this Act including, but not limited to, original licensure,
21renewal, and restoration shall be set by rule. The fees shall
22not be refundable. All Beginning July 1, 2003, all of the fees,
23taxes, and fines collected under this Act shall be deposited
24into the General Professions Dedicated Fund.

 

 

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1    (b) Before January 1, 2023, there shall be no fees for
2amateur full-contact martial arts events; except that until
3January 1, 2023, the applicant fees for promoters of amateur
4events where only amateur bouts are held shall be $300.
5(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
6eff. 7-1-03.)
 
7    (225 ILCS 105/23.1)  (from Ch. 111, par. 5023.1)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 23.1. Returned checks; fines. Any person who delivers
10a check or other payment to the Department that is returned to
11the Department unpaid by the financial institution upon which
12it is drawn shall pay to the Department, in addition to the
13amount already owed to the Department, a fine of $50. The fines
14imposed by this Section are in addition to any other
15discipline provided under this Act for unlicensed practice or
16practice on a nonrenewed license. The Department shall notify
17the person that payment of fees and fines shall be paid to the
18Department by certified check or money order within 30
19calendar days of the notification. If, after the expiration of
2030 days from the date of the notification, the person has
21failed to submit the necessary remittance, the Department
22shall automatically terminate the license or deny the
23application, without hearing. If, after termination or denial,
24the person seeks a license, he or she shall apply to the
25Department for restoration or issuance of the license and pay

 

 

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1all fees and fines due to the Department. The Department may
2establish a fee for the processing of an application for
3restoration of a license to pay all expenses of processing
4this application. The Secretary Director may waive the fines
5due under this Section in individual cases where the Secretary
6Director finds that the fines would be unreasonable or
7unnecessarily burdensome.
8(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
 
9    (225 ILCS 105/24)  (from Ch. 111, par. 5024)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 24. Unlicensed practice; violations; civil penalty.
12    (a) Any person who practices, offers to practice, attempts
13to practice, or holds himself or herself out as being able to
14engage in practices requiring a license under this Act without
15being licensed or exempt under this Act shall, in addition to
16any other penalty provided by law, pay a civil penalty to the
17Department in an amount not to exceed $10,000 for each
18offense, as determined by the Department. The civil penalty
19shall be assessed by the Department after a hearing is held in
20accordance with the provision set forth in this Act regarding
21the provision of a hearing for the discipline of a licensee.
22    (b) The Department may investigate any actual, alleged, or
23suspected unlicensed activity.
24    (c) The civil penalty shall be paid within 60 days after
25the effective date of the order imposing the civil penalty.

 

 

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1The order shall constitute a judgment and may be filed and
2executed thereon in the same manner as any judgment from any
3court of record.
4    (d) A person or entity not licensed under this Act who has
5violated any provision of this Act or its rules is guilty of a
6Class A misdemeanor for the first offense and a Class 4 felony
7for a second and subsequent offenses.
8A person who violates a provision of this Act is guilty of a
9Class A Misdemeanor. On conviction of a second or subsequent
10offense the violator shall be guilty of a Class 4 felony.
11(Source: P.A. 86-615.)
 
12    (225 ILCS 105/24.5)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 24.5. Confidentiality. All information collected by
15the Department in the course of an examination or
16investigation of a licensee, registrant, or applicant,
17including, but not limited to, any complaint against a
18licensee or registrant filed with the Department and
19information collected to investigate any such complaint, shall
20be maintained for the confidential use of the Department and
21shall not be disclosed. The Department may not disclose such
22information to anyone other than law enforcement officials,
23other regulatory agencies that have an appropriate regulatory
24interest as determined by the Secretary, or a party presenting
25a lawful subpoena to the Department. Information and documents

 

 

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1disclosed to a federal, State, county, or local law
2enforcement agency shall not be disclosed by the agency for
3any purpose to any other agency or person. A formal complaint
4filed against a licensee or registrant by the Department or
5any order issued by the Department against a licensee,
6registrant, or applicant shall be a public record, except as
7otherwise prohibited by law.
8(Source: P.A. 97-119, eff. 7-14-11.)
 
9    (225 ILCS 105/25.1)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 25.1. Medical Suspension.
12    (a) A licensee or registrant who is determined by the
13examining physician or Department to be unfit to compete or
14officiate shall be prohibited from participating in a contest
15in Illinois and, if actively licensed, shall be medically
16suspended immediately suspended until it is shown that he or
17she is fit for further competition or officiating. If the
18licensee or registrant disagrees with a medical suspension set
19at the discretion of the ringside physician, he or she may
20request a hearing to show proof of fitness. The hearing shall
21be provided at the earliest opportunity after the Department
22receives a written request from the licensee.
23    (b) If the referee has stopped the bout or rendered a
24decision of technical knockout against a professional or
25amateur or if the professional or amateur is knocked out other

 

 

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1than by a blow to the head, the professional or amateur shall
2be medically immediately suspended immediately for a period of
3not less than 30 days.
4    (c) In a full-contact martial arts contest, if the
5professional or amateur has tapped out, or has submitted, or
6the referee has stopped the bout, shall stop the professional
7or amateur contest and the ringside physician shall determine
8the length of suspension.
9    (d) If the professional or amateur has been knocked
10unconscious out by a blow to the head, he or she shall be
11medically suspended immediately for a period of not less than
1245 days.
13    (e) A licensee may receive a medical suspension for any
14injury sustained as a result of a bout that shall not be less
15than 7 days.
16    (f) A licensee may receive additional terms and conditions
17for a medical suspension beyond a prescribed passage of time
18as authorized under this Section.
19    (g) If a licensee receives a medical suspension that
20includes terms and conditions in addition to the prescribed
21passage of time as authorized under this Section, before the
22removal of the medical suspension, a licensee shall:
23        (1) satisfactorily pass a medical examination;
24        (2) provide those examination results to the
25    Department;
26        (3) provide any additional requested documentation as

 

 

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1    directed by the licensee's examining physician or
2    Department where applicable; and
3        (4) if the licensee's examining physician requires any
4    necessary additional medical procedures during the
5    examination related to the injury that resulted in the
6    medical suspension, those results shall be provided to the
7    Department.
8    (h) Any medical suspension imposed as authorized under
9this Act against a licensee shall be reported to the
10Department's record keeper as determined by rule.
11    (i) A medical suspension as authorized under this Section
12shall not be considered a suspension under Section 16 of this
13Act. A violation of the terms of a medical suspension
14authorized under this Section shall subject a licensee to
15discipline under Section 16 of this Act.
16    (j) A professional or amateur contestant who has been
17placed on medical suspension under the laws of another state,
18the District of Columbia, or a territory of the United States
19for substantially similar reasons as this Section shall be
20prohibited from participating in a contest as authorized under
21this Act until the requirements of subsection (g) of this
22Section have been met or the medical suspension has been
23removed by that jurisdiction.
24    (k) A medical suspension authorized under this Section
25shall begin the day after the bout a licensee participated in.
26    Prior to reinstatement, any professional or amateur

 

 

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1suspended for his or her medical protection shall
2satisfactorily pass a medical examination upon the direction
3of the Department. The examining physician may require any
4necessary medical procedures during the examination.
5(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
6    (225 ILCS 105/0.10 rep.)
7    (225 ILCS 105/10.1 rep.)
8    (225 ILCS 105/10.5 rep.)
9    (225 ILCS 105/11.5 rep.)
10    (225 ILCS 105/17.11 rep.)
11    (225 ILCS 105/17.12 rep.)
12    (225 ILCS 105/19.4 rep.)
13    Section 30. The Boxing and Full-contact Martial Arts Act
14is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
1517.11, 17.12, and 19.4.
 
16    Section 35. The Registered Interior Designers Act is
17amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
1829, 30 and by adding Section 3.1 as follows:
 
19    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 3. Definitions. As used in this Act:
22    "Address of record" means the designated address recorded
23by the Department in the applicant's application file or the

 

 

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1registrant's registration file as maintained by the
2Department's licensure maintenance unit.
3    "Board" means the Board of Registered Interior Design
4Professionals established under Section 6 of this Act.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the registrant's registration file as
10maintained by the Department's licensure maintenance unit.
11    "The profession of interior design", within the meaning
12and intent of this Act, refers to persons qualified by
13education, experience, and examination, who administer
14contracts for fabrication, procurement, or installation in the
15implementation of designs, drawings, and specifications for
16any interior design project and offer or furnish professional
17services, such as consultations, studies, drawings, and
18specifications in connection with the location of lighting
19fixtures, lamps and specifications of ceiling finishes as
20shown in reflected ceiling plans, space planning, furnishings,
21or the fabrication of non-loadbearing structural elements
22within and surrounding interior spaces of buildings but
23specifically excluding mechanical and electrical systems,
24except for specifications of fixtures and their location
25within interior spaces.
26    "Public member" means a person who is not an interior

 

 

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1designer, educator in the field, architect, structural
2engineer, or professional engineer. For purposes of board
3membership, any person with a significant financial interest
4in the design or construction service or profession is not a
5public member.
6    "Registered interior designer" means a person who has
7received registration under Section 8 of this Act. A person
8represents himself or herself to be a "registered interior
9designer" within the meaning of this Act if he or she holds
10himself or herself out to the public by any title
11incorporating the words "registered interior designer" or any
12title that includes the words "registered interior design".
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15(Source: P.A. 100-920, eff. 8-17-18.)
 
16    (225 ILCS 310/3.1 new)
17    Sec. 3.1. Address of record; email address of record. All
18applicants and registrants shall:
19        (1) provide a valid address and email address to the
20    Department, which shall serve as the address of record and
21    email address of record, respectively, at the time of
22    application for registration or renewal of a registration;
23    and
24        (2) inform the Department of any change of address of
25    record or email address of record within 14 days after

 

 

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1    such change either through the Department's website or by
2    contacting the Department's licensure maintenance unit.
 
3    (225 ILCS 310/4)  (from Ch. 111, par. 8204)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 4. Title; application of Act.
6    (a) No individual shall, without a valid registration as
7an interior designer issued by the Department, in any manner
8hold himself or herself out to the public as a registered
9interior designer or attach the title "registered interior
10designer" or any other name or designation which would in any
11way imply that he or she is able to use the title "registered
12interior designer" as defined in this Act.
13    (a-5) Nothing in this Act shall be construed as preventing
14or restricting the services offered or advertised by an
15interior designer who is registered under this Act.
16    (b) Nothing in this Act shall prevent the employment, by a
17registered interior designer association, partnership, or a
18corporation furnishing interior design services for
19remuneration, of persons not registered as interior designers
20to perform services in various capacities as needed, provided
21that the persons do not represent themselves as, or use the
22title of, "registered interior designer".
23    (c) Nothing in this Act shall be construed to limit the
24activities and use of the title "interior designer" on the
25part of a person not registered under this Act who is a

 

 

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1graduate of an interior design program and a full-time
2employee of a duly chartered institution of higher education
3insofar as such person engages in public speaking, with or
4without remuneration, provided that such person does not
5represent himself or herself to be a registered interior
6designer or use the title "registered interior designer".
7    (d) Nothing contained in this Act shall restrict any
8person not registered under this Act from carrying out any of
9the activities listed in the definition of "the profession of
10interior design" in Section 3 if such person does not
11represent himself or herself or his or her services in any
12manner prohibited by this Act.
13    (e) Nothing in this Act shall be construed as preventing
14or restricting the practice, services, or activities of any
15person licensed in this State under any other law from
16engaging in the profession or occupation for which he or she is
17licensed.
18    (f) Nothing in this Act shall be construed as preventing
19or restricting the practice, services, or activities of
20engineers licensed under the Professional Engineering Practice
21Act of 1989 or the Structural Engineering Practice Act of
221989; architects licensed pursuant to the Illinois
23Architectural Practice Act of 1989; any interior decorator or
24individual offering interior decorating services including,
25but not limited to, the selection of surface materials, window
26treatments, wall coverings, furniture, accessories, paint,

 

 

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1floor coverings, and lighting fixtures; or builders, home
2furnishings salespersons, and similar purveyors of goods and
3services relating to homemaking.
4    (g) Nothing in this Act or any other Act shall prevent a
5licensed architect from practicing interior design services.
6Nothing in this Act shall be construed as requiring the
7services of a registered interior designer for the interior
8designing of a single family residence.
9    (h) Nothing in this Act shall authorize registered
10interior designers to perform services, including life safety
11services that they are prohibited from performing, or any
12practice (i) that is restricted in the Illinois Architecture
13Practice Act of 1989, the Professional Engineering Practice
14Act of 1989, or the Structural Engineering Practice Act of
151989, or (ii) that they are not authorized to perform under the
16Environmental Barriers Act.
17    (i) Nothing in this Act shall authorize registered
18interior designers to advertise services that they are
19prohibited to perform, including architecture or engineering
20services, nor to use the title "architect" in any form.
21(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
22    (225 ILCS 310/4.5)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 4.5. Unregistered practice; violation; civil penalty.
25    (a) Any person who holds himself or herself out to be a

 

 

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1registered interior designer without being registered under
2this Act shall, in addition to any other penalty provided by
3law, pay a civil penalty to the Department in an amount not to
4exceed $5,000 for each offense as determined by the
5Department. The civil penalty shall be assessed by the
6Department after a hearing is held in accordance with the
7provisions set forth in this Act regarding the provision of a
8hearing for the discipline of a registrant licensee.
9    (b) The Department has the authority and power to
10investigate any illegal use of the title of registered
11interior designer.
12    (c) The civil penalty shall be paid within 60 days after
13the effective date of the order imposing the civil penalty.
14The order shall constitute a judgment and may be filed and
15execution had thereon in the same manner as any judgment from
16any court of record.
17(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
18    (225 ILCS 310/6)  (from Ch. 111, par. 8206)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 6. Board of Registered Interior Design Professionals.
21The Secretary shall appoint a Board of Registered Interior
22Design Professionals consisting of 5 members who shall serve
23in an advisory capacity to the Secretary. All members of the
24Board shall be residents of Illinois. Four members shall (i)
25hold a valid registration as an interior designer in Illinois

 

 

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1and have held the registration under this Act for the
2preceding 10 years; and (ii) not have been disciplined within
3the preceding 10 years under this Act. In addition to the 4
4registered interior designer members, there shall be one
5public member. The public member shall be a voting member and
6shall not be licensed or registered under this Act or any other
7design profession licensing Act that the Department
8administers.
9    Board members shall serve 5-year terms and until their
10successors are appointed and qualified. In appointing members
11to the Board, the Secretary shall give due consideration to
12recommendations by members and organizations of the interior
13design profession.
14    The membership of the Board should reasonably reflect
15representation from the geographic areas in this State.
16    No member shall be reappointed to the Board for a term that
17would cause his or her continuous service on the Board to be
18longer than 2 consecutive 5-year terms.
19    Appointments to fill vacancies shall be made in the same
20manner as original appointments for the unexpired portion of
21the vacated term.
22    Three members of the Board shall constitute a quorum. A
23quorum is required for Board decisions.
24    The Secretary may remove any member of the Board for
25misconduct, incompetence, or neglect of duty or for reasons
26prescribed by law for removal of State officials.

 

 

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1    The Secretary may remove a member of the Board who does not
2attend 2 consecutive meetings.
3    Notice of proposed rulemaking may be transmitted to the
4Board and the Department may review the response of the Board
5and any recommendations made therein. The Department may, at
6any time, seek the expert advice and knowledge of the Board on
7any matter relating to the administration or enforcement of
8this Act.
9    Members of the Board are not liable for damages in any
10action or proceeding as a result of activities performed as
11members of the Board, except upon proof of actual malice.
12    Members of the Board shall be reimbursed for all
13legitimate, necessary, and authorized expenses.
14    There is created a Board of Registered Interior Design
15Professionals to be composed of persons designated from time
16to time by the Director, as follows:
17        (a) For the first year, 5 persons, 4 of whom have been
18    interior designers for a period of 5 years or more who
19    would qualify upon application to the Department under
20    this Act to be registered interior designers, and one
21    public member. After the initial appointments, each
22    interior design member shall hold a valid registration as
23    a registered interior designer. The Board shall annually
24    elect a chairman.
25        (b) Terms for all members shall be 3 years. For
26    initial appointments, one member shall be appointed to

 

 

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1    serve for one year, 2 shall be appointed to serve for 2
2    years, and the remaining shall be appointed to serve for 3
3    years and until their successors are appointed and
4    qualified. Initial terms shall begin on the effective date
5    of this Act. Partial terms over 2 years in length shall be
6    considered as full terms. A member may be reappointed for
7    a successive term, but no member shall serve more than 2
8    full terms.
9        (c) The membership of the Board should reasonably
10    reflect representation from the various geographic areas
11    of the State.
12        (d) In making appointments to the Board, the Director
13    shall give due consideration to recommendations by
14    national and state organizations of the interior design
15    profession and shall promptly give due notice to such
16    organizations of any vacancy in the membership of the
17    Board. The Director may terminate the appointment of any
18    member for any cause, which in the opinion of the
19    Director, reasonably justifies such termination.
20        (e) Three members shall constitute a quorum. A quorum
21    is required for all Board decisions.
22        (f) The members of the Board shall each receive as
23    compensation a reasonable sum as determined by the
24    Director for each day actually engaged in the duties of
25    the office, and all legitimate and necessary expenses
26    incurred in attending the meeting of the Board.

 

 

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1        (g) Members of the Board shall be immune from suit in
2    any action based upon any disciplinary proceedings or
3    other activities performed in good faith as members of the
4    Board.
5(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
6    (225 ILCS 310/7)  (from Ch. 111, par. 8207)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 7. Board recommendations. The Secretary Director
9shall consider the recommendations of the Board in
10establishing guidelines for professional conduct, for the
11conduct of formal disciplinary proceedings brought under this
12Act, and for establishing guidelines for qualifications of
13applicants. Notice of proposed rulemaking may shall be
14transmitted to the Board and the Department shall review the
15response of the Board and any recommendations made in their
16response. The Department, at any time, may seek the expert
17advice and knowledge of the Board on any matter relating to the
18administration or enforcement of this Act.
19(Source: P.A. 86-1404.)
 
20    (225 ILCS 310/11)  (from Ch. 111, par. 8211)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 11. Fees. The Department shall provide by rule for a
23schedule of fees for the administration and enforcement of
24this Act, including but not limited to original registration

 

 

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1licensure, renewal, and restoration. The fees shall be
2nonrefundable.
3    All fees collected under this Act shall be deposited into
4the General Professions Dedicated Fund and shall be
5appropriated to the Department for the ordinary and contingent
6expenses of the Department in the administration of this Act.
7(Source: P.A. 91-454, eff. 1-1-00.)
 
8    (225 ILCS 310/14)  (from Ch. 111, par. 8214)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 14. Investigations; Notice of hearing. Upon the
11motion of either the Department or the Board, or upon the
12verified complaint in writing of any person setting forth
13facts which, if proven, would constitute grounds for refusal,
14suspension, or revocation of registration under this Act, the
15Board shall investigate the actions of any person, hereinafter
16called the "registrant", who holds or represents that he holds
17a certificate of registration. All such motions or complaints
18shall be brought to the Board.
19    The Director shall, before suspending, revoking, placing
20on probationary status, or taking any other disciplinary
21action as the Director may deem proper with regard to any
22registration, at least 30 days prior to the date set for the
23hearing, notify the registrant in writing of any charges made
24and the time and place for a hearing on the charges before the
25Board. The Board shall also direct the registrant to file his

 

 

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1written answer to the charges with the Board under oath within
220 days after the service on him of such notice, and inform him
3that if he fails to file such answer, his certificate of
4registration may be suspended, revoked, placed on probationary
5status or other disciplinary action may be taken with regard
6thereto, as the Director may deem proper.
7    The written notice and any notice in such proceeding may
8be served by delivery personally to the registrant, by email,
9or by registered or certified mail to the address specified by
10the registrant in his last notification to the Director.
11    The Department, at its expense, shall preserve a record of
12all proceedings at the formal hearing of any case involving
13the refusal to issue or renew a registration, or discipline of
14a registrant. The notice of hearing, complaint, and all other
15documents in the nature of pleadings and written motions filed
16in the proceedings, the transcript of testimony, the report of
17the Board, and the orders of the Department shall be the record
18of such proceedings.
19(Source: P.A. 86-1404.)
 
20    (225 ILCS 310/20)  (from Ch. 111, par. 8220)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 20. Restoration. At any time after suspension,
23revocation, placement on probationary status, or the taking of
24any other disciplinary action with regard to any registration,
25the Department may restore the certificate of registration, or

 

 

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1take any other action to reinstate the registration to good
2standing, without further examination, upon the written
3recommendation of the Board.
4(Source: P.A. 86-1404.)
 
5    (225 ILCS 310/23)  (from Ch. 111, par. 8223)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 23. Confidentiality. Confidential information;
8Disclosure. All information collected by the Department in the
9course of an examination or investigation of a registrant or
10applicant, including, but not limited to, any complaint
11against a registrant filed with the Department and information
12collected to investigate any such complaint, shall be
13maintained for the confidential use of the Department and may
14not be disclosed. The Department may not disclose the
15information to anyone other than law enforcement officials,
16other regulatory agencies that have an appropriate regulatory
17interest as determined by the Secretary, or a party presenting
18a lawful subpoena to the Department. Information and documents
19disclosed to a federal, State, county, or local law
20enforcement agency may not be disclosed by the agency for any
21purpose to any other agency or person. A formal complaint
22filed by the Department against a registrant or applicant is a
23public record, except as otherwise prohibited by law. In
24hearings conducted under this Act, information presented into
25evidence that was acquired by an interior designer in serving

 

 

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1any individual in a professional capacity, and necessary to
2professionally serve such individual, shall be deemed strictly
3confidential and shall only be made available either as part
4of the record of a hearing hereunder or otherwise:
5    (a) when the record is required, in its entirety, for
6purposes of judicial review;
7    (b) upon the express written consent of the individual
8served, or in the case of his or her death or disability, the
9consent of his or her personal representative.
10(Source: P.A. 86-1404.)
 
11    (225 ILCS 310/29)  (from Ch. 111, par. 8229)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 29. Illinois Administrative Procedure Act. The
14Illinois Administrative Procedure Act is hereby expressly
15adopted and incorporated herein as if all of the provisions of
16that Act were included in this Act, except that the provision
17of subsection (d) of Section 10-65 of the Illinois
18Administrative Procedure Act that provides that at hearings
19the registrant has the right to show compliance with all
20lawful requirements for retention, continuation, or renewal of
21the registration is specifically excluded. For the purposes of
22this Act, the notice required under Section 10-25 of the
23Illinois Administrative Procedure Act is deemed sufficient
24when mailed or emailed to the last known address of a party.
25(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

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1    (225 ILCS 310/30)  (from Ch. 111, par. 8230)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 30. Fund; appropriations; investments; audits
4Interior Design Administration and Investigation Fund. All of
5the fees collected pursuant to this Act shall be deposited
6into the General Professions Dedicated Fund.
7    On January 1, 2000 the State Comptroller shall transfer
8the balance of the monies in the Interior Design
9Administration and Investigation Fund into the General
10Professions Dedicated Fund. Amounts appropriated for fiscal
11year 2000 out of the Interior Design Administration and
12Investigation Fund may be paid out of the General Professions
13Dedicated Fund.
14    The moneys monies deposited in the General Professions
15Dedicated Fund may be used for the expenses of the Department
16in the administration of this Act.
17    Moneys from the Fund may also be used for direct and
18allocable indirect costs related to the public purposes of the
19Department of Professional Regulation. Moneys in the Fund may
20be transferred to the Professions Indirect Cost Fund as
21authorized by Section 2105-300 of the Department of
22Professional Regulation Law (20 ILCS 2105/2105-300).
23    Upon the completion of any audit of the Department as
24prescribed by the Illinois State Auditing Act that includes an
25audit of the General Professions Dedicated Fund Interior

 

 

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1Design Administration and Investigation Fund, the Department
2shall make the audit open to inspection by any interested
3person. The copy of the audit report required to be submitted
4to the Department by this Section is in addition to copies of
5audit reports required to be submitted to other State officers
6and agencies by Section 3-14 of the Illinois State Auditing
7Act.
8(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
9eff. 6-28-01.)
 
10    Section 40. The Cemetery Oversight Act is amended by
11changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,
1210-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
1325-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
14and by adding Sections 5-16, 5-26, and 25-26 as follows:
 
15    (225 ILCS 411/5-15)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 5-15. Definitions. In this Act:
18    "Address of record" means the designated address recorded
19by the Department in the applicant's or licensee's application
20file or license file. It is the duty of the applicant or
21licensee to inform the Department of any change of address
22within 14 days either through the Department's website or by
23contacting the Department's licensure maintenance unit. The
24address of record for a cemetery authority shall be the

 

 

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1permanent street address of the cemetery.
2    "Applicant" means a person applying for licensure under
3this Act as a cemetery authority, cemetery manager, or
4customer service employee. Any applicant or any person who
5holds himself or herself out as an applicant is considered a
6licensee for purposes of enforcement, investigation, hearings,
7and the Illinois Administrative Procedure Act.
8    "Burial permit" means a permit provided by a licensed
9funeral director for the disposition of a dead human body.
10    "Care" means the maintenance of a cemetery and of the
11lots, graves, crypts, niches, family mausoleums, memorials,
12and markers therein, including: (i) the cutting and trimming
13of lawn, shrubs, and trees at reasonable intervals; (ii)
14keeping in repair the drains, water lines, roads, buildings,
15fences, and other structures, in keeping with a
16well-maintained cemetery as provided for in Section 20-5 of
17this Act and otherwise as required by rule; (iii) maintenance
18of machinery, tools, and equipment for such care; (iv)
19compensation of cemetery workers, any discretionary payment of
20insurance premiums, and any reasonable payments for workers'
21pension and other benefits plans; and (v) the payment of
22expenses necessary for such purposes and for maintaining
23necessary records of lot ownership, transfers, and burials.
24    "Cemetery" means any land or structure in this State
25dedicated to and used, or intended to be used, for the
26interment, inurnment, or entombment of human remains.

 

 

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1    "Cemetery authority" means any individual or legal entity
2that owns or controls cemetery lands or property.
3    "Cemetery manager" means an individual directly
4responsible or holding himself or herself directly responsible
5for the operation, maintenance, development, or improvement of
6a cemetery that is or shall be licensed under this Act or shall
7be licensed pursuant to Section 10-39 of this Act,
8irrespective of whether the individual is paid by the licensed
9cemetery authority or a third party. This definition does not
10include a volunteer who receives no compensation, either
11directly or indirectly, for his or her work as a cemetery
12manager.
13    "Cemetery merchandise" means items of personal property
14normally sold by a cemetery authority not covered under the
15Illinois Funeral or Burial Funds Act, including, but not
16limited to: (1) memorials, (2) markers, (3) monuments, (4)
17foundations and installations, and (5) outer burial
18containers.
19    "Cemetery operation" means to engage in any or all of the
20following, whether on behalf of, or in the absence of, a
21cemetery authority: (i) the interment, entombment, or
22inurnment of human remains, (ii) the sale of interment,
23entombment, or inurnment rights, cemetery merchandise, or
24cemetery services, (iii) the maintenance of interment rights
25ownership records, (iv) the maintenance of or reporting of
26interment, entombment, or inurnment records, (v) the

 

 

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1maintenance of cemetery property, (vi) the development or
2improvement of cemetery grounds, or (vii) the maintenance and
3execution of business documents, including State and federal
4government reporting and the payment of taxes, for a cemetery
5business entity.
6    "Cemetery Oversight Database" means a database certified
7by the Department as effective in tracking the interment,
8entombment, or inurnment of human remains.
9    "Cemetery services" means those services customarily
10performed by cemetery personnel in connection with the
11interment, entombment, or inurnment of a dead human body.
12    "Certificate of organization" means the document received
13by a cemetery association from the Secretary of State that
14indicates that the cemetery association shall be deemed fully
15organized as a body corporate under the name adopted and in its
16corporate name may sue and be sued.
17    "Comptroller" means the Comptroller of the State of
18Illinois.
19    "Confidential information" means unique identifiers,
20including a person's Social Security number, home address,
21home phone number, personal phone number, personal email
22address, personal financial information, and any other
23information protected by law.
24    "Consumer" means an individual who purchases or who is
25considering purchasing cemetery, burial, or cremation products
26or services from a cemetery authority, whether for themselves

 

 

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1or for another person.
2    "Customer service employee" means an individual who has
3direct contact with consumers to explain cemetery merchandise,
4services, and interment rights and to execute the sale of
5those items to consumers, whether at the cemetery or an
6off-site location, irrespective of whether compensation is
7paid by the cemetery authority or a third party. This
8definition does not include a volunteer who receives no
9compensation, either directly or indirectly, for his or her
10work as a customer service employee.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file as maintained
16by the Department's licensure maintenance unit.
17    "Employee" means an individual who works for a cemetery
18authority where the cemetery authority has the right to
19control what work is performed and the details of how the work
20is performed regardless of whether federal or State payroll
21taxes are withheld.
22    "Entombment right" means the right to place individual
23human remains or individual cremated human remains in a
24specific mausoleum crypt or lawn crypt selected by a consumer
25for use as a final resting place.
26    "Family burying ground" means a cemetery in which no lots,

 

 

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1crypts, or niches are sold to the public and in which
2interments, inurnments, and entombments are restricted to the
3immediate family or a group of individuals related to each
4other by blood or marriage.
5    "Full exemption" means an exemption granted to a cemetery
6authority pursuant to subsection (a) of Section 5-20.
7    "Funeral director" means a funeral director as defined by
8the Funeral Directors and Embalmers Licensing Code.
9    "Grave" means a space of ground in a cemetery used or
10intended to be used for burial.
11    "Green burial or cremation disposition" means burial or
12cremation practices that reduce the greenhouse gas emissions,
13waste, and toxic chemicals ordinarily created in burial or
14cremation or, in the case of greenhouse gas emissions,
15mitigate or offset emissions. Such practices include any
16standards or method for burial or cremation that the
17Department may name by rule.
18    "Immediate family" means the designated agent of a person
19or the persons given priority for the disposition of a
20person's remains under the Disposition of Remains Act and
21shall include a person's spouse, parents, grandparents,
22children, grandchildren and siblings.
23    "Individual" means a natural person.
24    "Interment right" means the right to place individual
25human remains or cremated human remains in a specific
26underground location selected by a consumer for use as a final

 

 

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1resting place.
2    "Inurnment right" means the right to place individual
3cremated human remains in a specific niche selected by the
4consumer for use as a final resting place.
5    "Lawn crypt" means a permanent underground crypt installed
6in multiple units for the entombment of human remains.
7    "Licensee" means a person licensed under this Act as a
8cemetery authority, cemetery manager, or customer service
9employee. Anyone who holds himself or herself out as a
10licensee or who is accused of unlicensed practice is
11considered a licensee for purposes of enforcement,
12investigation, hearings, and the Illinois Administrative
13Procedure Act.
14    "Mausoleum crypt" means a grouping of spaces constructed
15of reinforced concrete or similar material constructed or
16assembled above the ground for entombing remains.
17    "Niche" means a space in a columbarium or mausoleum used,
18or intended to be used, for inurnment of cremated human
19remains.
20    "Partial exemption" means an exemption granted to a
21cemetery authority pursuant to subsection (b) of Section 5-20.
22    "Parcel identification number" means a unique number
23assigned by the Cemetery Oversight Database to a grave, plot,
24crypt, or niche that enables the Department to ascertain the
25precise location of a decedent's remains interred, entombed,
26or inurned after the effective date of this Act.

 

 

10200HB0806sam001- 181 -LRB102 02614 SPS 26970 a

1    "Person" means any individual, firm, partnership,
2association, corporation, limited liability company, trustee,
3government or political subdivision, or other entity.
4    "Public cemetery" means a cemetery owned, operated,
5controlled, or managed by the federal government, by any
6state, county, city, village, incorporated town, township,
7multi-township, public cemetery district, or other municipal
8corporation, political subdivision, or instrumentality thereof
9authorized by law to own, operate, or manage a cemetery.
10    "Religious burying ground" means a cemetery in which no
11lots, crypts, or niches are sold and in which interments,
12inurnments, and entombments are restricted to a group of
13individuals all belonging to a religious order or granted
14burial rights by special consideration of the religious order.
15    "Religious cemetery" means a cemetery owned, operated,
16controlled, and managed by any recognized church, religious
17society, association, or denomination, or by any cemetery
18authority or any corporation administering, or through which
19is administered, the temporalities of any recognized church,
20religious society, association, or denomination.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation or a person authorized by the
23Secretary to act in the Secretary's stead.
24    "Term burial" means a right of interment sold to a
25consumer in which the cemetery authority retains the right to
26disinter and relocate the remains, subject to the provisions

 

 

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1of subsection (d) of Section 35-15 of this Act.
2    "Trustee" means any person authorized to hold funds under
3this Act.
4    "Unique personal identifier" means the parcel
5identification number in addition to the term of burial in
6years; the numbered level or depth in the grave, plot, crypt,
7or niche; and the year of death for human remains interred,
8entombed, or inurned after the effective date of this Act. The
9unique personal identifier is assigned by the Cemetery
10Oversight Database.
11(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
12    (225 ILCS 411/5-16 new)
13    Sec. 5-16. Address of record; email address of record. All
14applicants and licensees shall:
15        (1) provide a valid address and email address to the
16    Department, which shall serve as the address of record and
17    email address of record, respectively, at the time of
18    application for licensure or renewal of a license; and
19        (2) inform the Department of any change of address of
20    record or email address of record within 14 days after
21    such change either through the Department's website or by
22    contacting the Department's licensure maintenance unit.
 
23    (225 ILCS 411/5-20)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 5-20. Exemptions.
2    (a) Full exemption. Except as provided in this subsection,
3this Act does not apply to (1) any cemetery authority
4operating as a family burying ground or religious burying
5ground, (2) any cemetery authority that has not engaged in an
6interment, inurnment, or entombment of human remains within
7the last 10 years, or (3) any cemetery authority that is less
8than 3 acres. For purposes of determining the applicability of
9this subsection, the number of interments, inurnments, and
10entombments shall be aggregated for each calendar year. A
11cemetery authority claiming a full exemption shall apply for
12exempt status as provided for in Section 10-20 of this Act. A
13cemetery authority claiming a full exemption shall be subject
14to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
15authority that performs activities that would disqualify it
16from a full exemption is required to apply for licensure
17within one year following the date on which its activities
18would disqualify it for a full exemption. A cemetery authority
19that previously qualified for and maintained a full exemption
20that fails to timely apply for licensure shall be deemed to
21have engaged in unlicensed practice and shall be subject to
22discipline in accordance with Article 25 of this Act.
23    (b) Partial exemption. If a cemetery authority does not
24qualify for a full exemption and (1) engages in 25 or fewer
25interments, inurnments, or entombments of human remains for
26each of the preceding 2 calendar years, (2) operates as a

 

 

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1public cemetery, or (3) operates as a religious cemetery, then
2the cemetery authority is partially exempt from this Act but
3shall be required to comply with Sections 10-23, 10-40, 10-55,
410-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
5(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
620-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
7Cemetery authorities claiming a partial exemption shall apply
8for the partial exemption as provided in Section 10-20 of this
9Act. A cemetery authority that changes to a status that would
10disqualify it from a partial exemption is required to apply
11for licensure within one year following the date on which it
12changes its status. A cemetery authority that maintains a
13partial exemption that fails to timely apply for licensure
14shall be deemed to have engaged in unlicensed practice and
15shall be subject to discipline in accordance with Article 25
16of this Act.
17    (c) Nothing in this Act applies to the City of Chicago in
18its exercise of its powers under the O'Hare Modernization Act
19or limits the authority of the City of Chicago to acquire
20property or otherwise exercise its powers under the O'Hare
21Modernization Act, or requires the City of Chicago, or any
22person acting on behalf of the City of Chicago, to comply with
23the licensing, regulation, or investigation, or mediation
24requirements of this Act in exercising its powers under the
25O'Hare Modernization Act.
26    (d) A cemetery manager and customer service employee

 

 

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1license may be in active status only during the period that
2such a licensee is employed by a cemetery authority that is
3licensed under this Act. In the event that a cemetery manager
4or customer service employee commences work for a cemetery
5granted an exemption under this Section, it shall be a duty of
6both the cemetery authority and the individual licensee to
7immediately notify the Department so that the license may be
8placed on inactive status. During the period that a license is
9in inactive status, the involved person may not hold himself
10or herself out as licensed. Upon returning to employment by a
11cemetery licensed under this Act, such a cemetery manager or
12customer service employee may reinstate the license to active
13status simply by notifying the Department and paying the
14applicable fee.
15(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
16    (225 ILCS 411/5-25)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 5-25. Powers and duties of the Department. The
19Department shall, subject Subject to the provisions of this
20Act, the Department may exercise the following functions,
21powers, and duties:
22        (1) Authorize certification programs to ascertain the
23    qualifications and fitness of applicants for licensing as
24    a licensed cemetery manager or as a customer service
25    employee to ascertain whether they possess the requisite

 

 

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1    level of knowledge for such position.
2        (2) Examine a licensed cemetery authority's records
3    from any year or any other aspects of cemetery operation
4    as the Department deems appropriate.
5        (3) Investigate any and all cemetery operations.
6        (4) Conduct hearings on proceedings to refuse to
7    issue, or renew, or restore licenses or to revoke,
8    suspend, place on probation, or reprimand, or otherwise
9    discipline a licensee license under this Act or take other
10    non-disciplinary action.
11        (5) Adopt reasonable rules required for the
12    administration of this Act.
13        (6) Prescribe forms to be issued for the
14    administration and enforcement of this Act.
15        (7) (Blank). Maintain rosters of the names and
16    addresses of all licensees and all persons whose licenses
17    have been suspended, revoked, denied renewal, or otherwise
18    disciplined within the previous calendar year. These
19    rosters shall be available upon written request and
20    payment of the required fee as established by rule.
21        (8) Work with the Office of the Comptroller and the
22    Department of Public Health, Division of Vital Records to
23    exchange information and request additional information
24    relating to a licensed cemetery authority.
25        (9) Investigate cemetery contracts, grounds, or
26    employee records.

 

 

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1        (10) Issue licenses to those who meet the requirements
2    of this Act.
3        (11) Conduct investigations related to possible
4    violations of this Act.
5    If the Department exercises its authority to conduct
6investigations under this Section, the Department shall
7provide the cemetery authority with information sufficient to
8challenge the allegation. If the complainant consents, then
9the Department shall provide the cemetery authority with the
10identity of and contact information for the complainant so as
11to allow the cemetery authority and the complainant to resolve
12the complaint directly. Except as otherwise provided in this
13Act, any complaint received by the Department and any
14information collected to investigate the complaint shall be
15maintained by the Department for the confidential use of the
16Department and shall not be disclosed. The Department may not
17disclose the information to anyone other than law enforcement
18officials or other regulatory agencies or persons that have an
19appropriate regulatory interest, as determined by the
20Secretary, or to a party presenting a lawful subpoena to the
21Department. Information and documents disclosed to a federal,
22state, county, or local law enforcement agency shall not be
23disclosed by the agency for any purpose to any other agency or
24person. A formal complaint filed against a licensee by the
25Department or any order issued by the Department against a
26licensee or applicant shall be a public record, except as

 

 

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1otherwise prohibited by law.
2(Source: P.A. 99-78, eff. 7-20-15.)
 
3    (225 ILCS 411/5-26 new)
4    Sec. 5-26. Confidentiality. All information collected by
5the Department in the course of an examination or
6investigation of a licensee or applicant, including, but not
7limited to, any complaint against a licensee filed with the
8Department and information collected to investigate any such
9complaint, shall be maintained for the confidential use of the
10Department and shall not be disclosed. The Department may not
11disclose the information to anyone other than law enforcement
12officials, other regulatory agencies that have an appropriate
13regulatory interest as determined by the Secretary, or a party
14presenting a lawful subpoena to the Department. Information
15and documents disclosed to a federal, State, county, or local
16law enforcement agency shall not be disclosed by the agency
17for any purpose to any other agency or person. A formal
18complaint filed against a licensee by the Department or any
19order issued by the Department against a licensee or applicant
20shall be a public record, except as otherwise prohibited by
21law.
 
22    (225 ILCS 411/10-20)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 10-20. Application for original license or exemption.

 

 

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1    (a) Applications for original licensure as a cemetery
2authority, cemetery manager, or customer service employee
3authorized by this Act, or application for exemption from
4licensure as a cemetery authority, shall be made to the
5Department in writing on forms or electronically as prescribed
6by the Department, which shall include the applicant's Social
7Security number or FEIN number, or both, and shall be
8accompanied by the required fee that shall not be refundable.
9as set by Section 10-55 of this Act and further refined by
10rule. Applications for partial or full exemption from
11licensure as a cemetery authority shall be submitted to the
12Department within 6 months after the Department adopts rules
13under this Act. If the person fails to submit the application
14for partial or full exemption within this period, the person
15shall be subject to discipline in accordance with Article 25
16of this Act. The process for renewing a full or partial
17exemption shall be set by rule. If a cemetery authority seeks
18to practice at more than one location, it shall meet all
19licensure requirements at each location as required by this
20Act and by rule, including submission of an application and
21fee. All applications shall contain information that, in the
22judgment of the Department, will enable the Department to pass
23on the qualifications of the applicant for a license under
24this Act.
25    (b) (Blank).
26    (c) After initial licensure, if any person comes to obtain

 

 

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1at least 51% of the ownership over the licensed cemetery
2authority, then the cemetery authority shall have to apply for
3a new license and receive licensure in the required time as set
4by rule. The current license remains in effect until the
5Department takes action on the application for a new license.
6    (d) (Blank). All applications shall contain the
7information that, in the judgment of the Department, will
8enable the Department to pass on the qualifications of the
9applicant for an exemption from licensure or for a license to
10practice as a cemetery authority, cemetery manager, or
11customer service employee as set by rule.
12(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
13    (225 ILCS 411/10-21)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 10-21. Qualifications for licensure.
16    (a) A cemetery authority shall apply for licensure on
17forms prescribed by the Department and pay the required fee.
18An applicant is qualified for licensure as a cemetery
19authority if the applicant meets all of the following
20qualifications:
21        (1) The applicant has not committed any act or offense
22    in any jurisdiction that would constitute the basis for
23    discipline under this Act. When considering such license,
24    the Department shall take into consideration the
25    following:

 

 

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1            (A) the applicant's record of compliance with the
2        Code of Professional Conduct and Ethics, and whether
3        the applicant has been found to have engaged in any
4        unethical or dishonest practices in the cemetery
5        business;
6            (B) whether the applicant has been adjudicated,
7        civilly or criminally, to have committed fraud or to
8        have violated any law of any state involving unfair
9        trade or business practices, has been convicted of a
10        misdemeanor of which fraud is an essential element or
11        which involves any aspect of the cemetery business, or
12        has been convicted of any felony;
13            (C) whether the applicant has willfully violated
14        any provision of this Act or a predecessor law or any
15        regulations relating thereto;
16            (D) whether the applicant has been permanently or
17        temporarily suspended, enjoined, or barred by any
18        court of competent jurisdiction in any state from
19        engaging in or continuing any conduct or practice
20        involving any aspect of the cemetery or funeral
21        business; and
22            (E) whether the applicant has ever had any license
23        to practice any profession or occupation suspended,
24        denied, fined, or otherwise acted against or
25        disciplined by the applicable licensing authority.
26        If the applicant is a corporation, limited liability

 

 

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1    company, partnership, or other entity permitted by law,
2    then the Department shall determine whether each
3    principal, owner, member, officer, and shareholder holding
4    25% or more of corporate stock has met the requirements of
5    this item (1) of subsection (a) of this Section.
6        (2) The applicant must provide a statement of its
7    assets and liabilities to the Department.
8        (3) The applicant has not, within the preceding 10
9    years, been convicted of or entered a plea of guilty or
10    nolo contendere to (i) a Class X felony or (ii) a felony,
11    an essential element of which was fraud or dishonesty
12    under the laws of this State, another state, the United
13    States, or a foreign jurisdiction that is directly related
14    to the practice of cemetery operations. If the applicant
15    is a corporation, limited liability company, partnership,
16    or other entity permitted by law, then each principal,
17    owner, member, officer, and shareholder holding 25% or
18    more of corporate stock has not, within the preceding 10
19    years, been convicted of or entered a plea of guilty or
20    nolo contendere to (i) a Class X felony or (ii) a felony,
21    an essential element of which was fraud or dishonesty
22    under the laws of this State, another state, the United
23    States, or a foreign jurisdiction that is directly related
24    to the practice of cemetery operations.
25        (4) The applicant shall authorize the Department to
26    conduct a criminal background check that does not involve

 

 

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1    fingerprinting.
2        (5) In the case of a person or entity applying for
3    renewal of his, her, or its license, the applicant has
4    complied with all other requirements of this Act and the
5    rules adopted for the implementation of this Act.
6    (b) The cemetery manager and customer service employees of
7a licensed cemetery authority shall apply for licensure as a
8cemetery manager or customer service employee on forms
9prescribed by the Department and pay the required fee. A
10person is qualified for licensure as a cemetery manager or
11customer service employee if he or she meets all of the
12following requirements:
13        (1) Is at least 18 years of age.
14        (2) Has acted in an ethical manner as set forth in
15    Section 10-23 of this Act. In determining qualifications
16    of licensure, the Department shall take into consideration
17    the factors outlined in item (1) of subsection (a) of this
18    Section.
19        (3) Submits proof of successful completion of a high
20    school education or its equivalent as established by rule.
21        (4) The applicant shall authorize the Department to
22    conduct a criminal background check that does not involve
23    fingerprinting.
24        (5) Has not committed a violation of this Act or any
25    rules adopted under this Act that, in the opinion of the
26    Department, renders the applicant unqualified to be a

 

 

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1    cemetery manager.
2        (6) Submits proof of successful completion of a
3    certification course recognized by the Department for a
4    cemetery manager or customer service employee, whichever
5    the case may be.
6        (7) Has not, within the preceding 10 years, been
7    convicted of or entered a plea of guilty or nolo
8    contendere to (i) a Class X felony or (ii) a felony, an
9    essential element of which was fraud or dishonesty under
10    the laws of this State, another state, the United States,
11    or a foreign jurisdiction that is directly related to the
12    practice of cemetery operations.
13        (8) (Blank).
14        (9) In the case of a person applying for renewal of his
15    or her license, has complied with all other requirements
16    of this Act and the rules adopted for implementation of
17    this Act.
18    (c) Each applicant for a cemetery authority, cemetery
19manager, or customer service employee license shall authorize
20the Department to conduct a criminal background check that
21does not involve fingerprinting. The Department must, in turn,
22conduct the criminal background check on each applicant. The
23Department shall adopt rules to implement this subsection (c),
24but in no event shall the Department impose a fee upon the
25applicant for the background check.
26(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 

 

 

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1    (225 ILCS 411/10-25)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 10-25. Certification.
4    (a) The Department shall authorize certification programs
5for cemetery manager and customer service employee applicants.
6The certification programs must consist of education and
7training in cemetery ethics, cemetery law, and cemetery
8practices. Cemetery ethics shall include, without limitation,
9the Code of Professional Conduct and Ethics as set forth in
10Section 10-23 of this Act. Cemetery law shall include, without
11limitation, the Cemetery Oversight Act, the Cemetery Care Act,
12the Disposition of Remains Act, and the Cemetery Protection
13Act. Cemetery practices shall include, without limitation,
14treating the dead and their family members with dignity and
15respect. The certification program shall include an
16examination administered by the entity providing the
17certification.
18    (a-5) An entity seeking to offer a certification program
19to cemetery manager applicants and customer service employee
20applicants must receive approval of its program from the
21Department in a manner and form prescribed by the Department
22by rule. As part of this process, the entity must submit to the
23Department the examination it offers or intends to offer as
24part of its certification program.
25    (a-10) A cemetery manager applicant or customer service

 

 

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1employee applicant may choose any entity that has been
2approved by the Department from which to obtain certification.
3    (b) Cemetery manager applicants and customer service
4employee applicants shall pay the fee for the certification
5program directly to the entity offering the program.
6    (c) If the cemetery manager applicant or customer service
7employee applicant neglects, fails, or refuses to become
8certified within one year after filing an application, then
9the application shall be denied. However, the applicant may
10thereafter submit a new application accompanied by the
11required fee. The applicant shall meet the requirements in
12force at the time of making the new application.
13    (d) A cemetery manager applicant or customer service
14employee applicant who has completed a certification program
15offered by an entity that has not received the Department's
16approval as required by this Section has not met the
17qualifications for licensure as set forth in Section 10-21 of
18this Act.
19    (e) The Department may approve shall recognize any
20certification program that is conducted by a death care trade
21association in Illinois that has been in existence for more
22than 5 years that, in the determination of the Department,
23provides adequate education and training in cemetery law,
24cemetery ethics, and cemetery practices and administers an
25examination covering the same.
26    (f) The Department may, without a hearing, summarily

 

 

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1withdraw its approval of a certification program that, in the
2judgment of the Department, fails to meet the requirements of
3this Act or the rules adopted under this Act. A certification
4program that has had its approval withdrawn by the Department
5may reapply for approval, but shall provide such additional
6information as may be required by the Department, including,
7but not limited to, evidence to the Department's satisfaction
8that the program is in compliance with this Act and the rules
9adopted under this Act.
10(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
11    (225 ILCS 411/10-40)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 10-40. Renewal, reinstatement, or restoration of
14license Expiration and renewal of license.
15    (a) The expiration date and renewal period for each
16license issued under this Act shall be set by rule. The holder
17of a license may renew such license during the month preceding
18the expiration date thereof by paying the required fee.
19    (b) A licensee under this Act who has permitted his or her
20license to expire or has had his or her license placed on
21inactive status may have his or her license restored by making
22application to the Department and filing proof acceptable to
23the Department of his or her fitness of having his or her
24license restored, including, but not limited to, sworn
25evidence certifying to active practice in another jurisdiction

 

 

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1satisfactory to the Department, and by paying the required fee
2as determined by rule. Every cemetery authority, cemetery
3manager, and customer service employee license shall expire
4every 2 years. Every registration as a fully exempt cemetery
5authority or partially exempt cemetery authority shall expire
6every 4 years. The expiration date, renewal period, and other
7requirements for each license and registration shall be
8further refined by rule.
9(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
10    (225 ILCS 411/10-55)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 10-55. Fees.
13    (a) Except as provided in this Section, the fees for the
14administration and enforcement of this Act shall be set by the
15Department by rule. The fees shall be reasonable and shall not
16be refundable.
17    (b) Cemetery manager applicants and customer service
18employee applicants shall pay any certification program or
19continuing education program fee directly to the entity
20offering the program.
21    (c) The Department may waive fees based upon hardship.
22    (d) Nothing shall prohibit a cemetery authority from
23paying, on behalf of its cemetery managers or customer service
24employees, their application, renewal, or restoration fees.
25    (e) All fees and other moneys collected under this Act

 

 

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1shall be deposited in the Cemetery Oversight Licensing and
2Disciplinary Fund.
3    (f) The fee for application as a cemetery authority
4seeking a full exemption is $0.
5    (g) The fee to renew registration as a fully exempt
6cemetery authority is $0. As provided in Section 10-40 of this
7Act and as further refined by rule, each registration as a
8fully exempt cemetery authority shall expire every 4 years.
9    (h) The fee for application as a cemetery authority
10seeking a partial exemption is $150.
11    (i) The fee to renew registration as a partially exempt
12cemetery authority is $150. As provided in Section 10-40 of
13this Act and as further refined by rule, each registration as a
14partially exempt cemetery authority shall expire every 4
15years.
16    (j) The fee for original licensure, renewal, and
17restoration as a cemetery authority not seeking a full or
18partial exemption is $75. As provided in Section 10-40 of this
19Act and as further refined by rule, each cemetery authority
20license shall expire every 2 years.
21    (k) The fee for original licensure, renewal, and
22restoration as a cemetery manager is $25. As provided in
23Section 10-40 of this Act and as further refined by rule, each
24cemetery manager license shall expire every 2 years.
25    (l) The fee for original licensure, renewal, and
26restoration as a customer service employee is $25. As provided

 

 

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1in Section 10-40 of this Act and as further refined by rule,
2each customer service employee license shall expire every 2
3years.
4(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
5    (225 ILCS 411/20-10)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 20-10. Contract. At the time cemetery arrangements
8are made and prior to rendering the cemetery services, a
9cemetery authority shall create a completed written contract
10to be provided to the consumer, signed by both parties by their
11actual written signatures on either paper or electronic form,
12that shall contain: (i) the date on which the arrangements
13were made; (ii) the price of the service selected and the
14services and merchandise included for that price; (iii) the
15supplemental items of service and merchandise requested and
16the price of each item; (iv) the terms or method of payment
17agreed upon; and (v) a statement as to any monetary advances
18made on behalf of the family. The cemetery authority shall
19maintain a copy of such written contract in its permanent
20records.
21(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
22    (225 ILCS 411/25-3)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 25-3. Exemption, investigation, mediation. All

 

 

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1cemetery authorities maintaining a partial exemption must
2submit to the following investigation and mediation procedure
3by the Department in the event of a consumer complaint:
4        (a) Complaints to cemetery:
5            (1) the cemetery authority shall make every effort
6        to first resolve a consumer complaint; and
7            (2) if the complaint is not resolved, then the
8        cemetery authority shall advise the consumer of his or
9        her right to file a complaint with seek investigation
10        and mediation by the Department.
11        (b) Complaints to the Department:
12            (1) if the Department receives a complaint, the
13        Department shall make an initial determination as to
14        whether the complaint has a reasonable basis and
15        pertains to this Act;
16            (2) if the Department determines that the
17        complaint has a reasonable basis and pertains to this
18        Act, it shall inform the cemetery authority of the
19        complaint and give it 30 days to tender a response;
20            (3) upon receiving the cemetery authority's
21        response, or after the 30 days provided in subsection
22        (2) of this subsection, whichever comes first, the
23        Department shall attempt to resolve the complaint
24        telephonically with the parties involved;
25            (4) if the complaint still is not resolved, then
26        the Department shall conduct an investigation and

 

 

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1        mediate the complaint as provided for by rule;
2            (5) if the Department conducts an on-site
3        investigation and face-to-face mediation with the
4        parties, then it may charge the cemetery authority a
5        single investigation and mediation fee, which fee
6        shall be set by rule and shall be calculated on an
7        hourly basis; and
8            (6) if all attempts to resolve the consumer
9        complaint as provided for in paragraphs (1) through
10        (5) fail, then the cemetery authority may be subject
11        to proceedings for penalties and discipline under this
12        Article when it is determined by the Department that
13        the cemetery authority may have engaged in any of the
14        following: (i) gross malpractice; (ii) dishonorable,
15        unethical, or unprofessional conduct of a character
16        likely to deceive, defraud, or harm the public; (iii)
17        gross, willful, or continued overcharging for
18        services; (iv) incompetence; (v) unjustified failure
19        to honor its contracts; or (vi) failure to adequately
20        maintain its premises. The Department may issue a
21        citation or institute disciplinary action and cause
22        the matter to be prosecuted and may thereafter issue
23        and enforce its final order as provided in this Act.
24(Source: P.A. 96-863, eff. 3-1-10.)
 
25    (225 ILCS 411/25-5)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 25-5. Citations.
3    (a) The Department may adopt rules to permit the issuance
4of citations for non-frivolous complaints. The citation shall
5be issued to the licensee and shall contain the licensee's
6name and address, the licensee's license number, a brief
7factual statement, the Sections of the law allegedly violated,
8and the penalty imposed. The citation must clearly state that
9the licensee may choose, in lieu of accepting the citation, to
10request a hearing. If the licensee does not dispute the matter
11in the citation with the Department within 30 days after the
12citation is served, then the citation shall become a final
13order and shall constitute discipline. The penalty shall be a
14fine or other conditions as established by rule.
15    (b) The Department shall adopt rules designating
16violations for which a citation may be issued. Such rules
17shall designate as citation violations those violations for
18which there is no substantial threat to the public health,
19safety, and welfare. Citations shall not be utilized if there
20was any significant consumer harm resulting from the
21violation.
22    (c) A citation must be issued within 6 months after the
23reporting of a violation that is the basis for the citation.
24    (d) Service of a citation may be made by personal service,
25regular mail, or email or certified mail to the licensee at the
26licensee's address of record.

 

 

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1(Source: P.A. 96-863, eff. 3-1-10.)
 
2    (225 ILCS 411/25-10)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-10. Grounds for disciplinary action.
5    (a) The Department may refuse to issue or renew a license
6or may revoke, suspend, place on probation, reprimand, or take
7other disciplinary or non-disciplinary action as the
8Department may deem appropriate, including imposing fines not
9to exceed $10,000 $8,000 for each violation, with regard to
10any license under this Act, for any one or combination of the
11following:
12        (1) Material misstatement in furnishing information to
13    the Department.
14        (2) Violations of this Act, except for Section 20-8,
15    or of the rules adopted under this Act.
16        (3) Conviction of or entry of a plea of guilty or nolo
17    contendere, finding of guilt, jury verdict, or entry of
18    judgment or sentencing, including, but not limited to,
19    convictions, preceding sentences of supervision,
20    conditional discharge, or first offender probation under
21    the law of any jurisdiction of the United States that is
22    (i) a Class X felony or (ii) a felony, an essential element
23    of which is fraud or dishonesty that is directly related
24    to the practice of cemetery operations. Conviction of, or
25    entry of a plea of guilty or nolo contendere to, any crime

 

 

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1    within the last 10 years that is a Class X felony or higher
2    or is a felony involving fraud and dishonesty under the
3    laws of the United States or any state or territory
4    thereof.
5        (4) Fraud or any misrepresentation in applying for or
6    procuring a license under this Act or in connection with
7    applying for renewal. Making any misrepresentation for the
8    purpose of obtaining licensure or violating any provision
9    of this Act or the rules adopted under this Act.
10        (5) Incompetence or misconduct in the practice of
11    cemetery operations. Professional incompetence.
12        (6) Gross malpractice.
13        (7) Aiding or assisting another person in violating
14    any provision of this Act or rules adopted under this Act.
15        (8) Failing, within 10 business days, to provide
16    information in response to a written request made by the
17    Department.
18        (9) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public.
21        (10) Habitual or excessive use or abuse of drugs
22    defined in law as controlled substances, alcohol,
23    narcotics, stimulants, or any other substances that
24    results in the inability to practice pursuant to the
25    provisions of this Act with reasonable judgment, skill, or
26    safety while acting under the provisions of this Act.

 

 

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1    Inability to practice with reasonable judgment, skill, or
2    safety as a result of habitual or excessive use of
3    alcohol, narcotics, stimulants, or any other chemical
4    agent or drug.
5        (11) Discipline by another agency, state, territory,
6    foreign country, the District of Columbia, the United
7    States government territory, or any other government
8    agency foreign nation, if at least one of the grounds for
9    the discipline is the same or substantially equivalent to
10    those set forth in this Act Section.
11        (12) Directly or indirectly giving to or receiving
12    from any person, firm, corporation, partnership, or
13    association any fee, commission, rebate, or other form of
14    compensation for professional services not actually or
15    personally rendered.
16        (13) A finding by the Department that the licensee,
17    after having his or her license placed on probationary
18    status, has violated the terms of probation or failed to
19    comply with such terms.
20        (14) Willfully making or filing false records or
21    reports in his or her practice, including, but not limited
22    to, false records filed with any governmental agency or
23    department.
24        (15) Inability to practice the profession with
25    reasonable judgment, skill, or safety as a result of
26    physical illness, including, but not limited to, loss of

 

 

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1    motor skill, mental illness, or disability.
2        (16) Failure to comply with an order, decision, or
3    finding of the Department made pursuant to this Act.
4        (17) Directly or indirectly receiving compensation for
5    any professional services not actually performed.
6        (18) Practicing under a false or, except as provided
7    by law, an assumed name.
8        (19) Using or attempting to use an expired, inactive,
9    suspended, or revoked license or impersonating another
10    licensee. Fraud or misrepresentation in applying for, or
11    procuring, a license under this Act or in connection with
12    applying for renewal of a license under this Act.
13        (20) A finding by the Department that an applicant or
14    licensee has failed to pay a fine imposed by the
15    Department. Cheating on or attempting to subvert the
16    licensing examination administered under this Act.
17        (21) Unjustified failure to honor its contracts.
18        (22) Negligent supervision of a cemetery manager,
19    customer service employee, employee, or independent
20    contractor.
21        (23) (Blank). A pattern of practice or other behavior
22    which demonstrates incapacity or incompetence to practice
23    under this Act.
24        (24) (Blank). Allowing an individual who is not, but
25    is required to be, licensed under this Act to perform work
26    for the cemetery authority.

 

 

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1        (25) (Blank).
2    (b) No action may be taken under this Act against a person
3licensed under this Act for an occurrence or alleged
4occurrence that predates the enactment of this Act unless the
5action is commenced within 5 years after the occurrence of the
6alleged violations, except for a violation of item (3) of
7subsection (a) of this Section. If a person licensed under
8this Act violates item (3) of subsection (a) of this Section,
9then the action may commence within 10 years after the
10occurrence of the alleged violation. A continuing violation
11shall be deemed to have occurred on the date when the
12circumstances last existed that give rise to the alleged
13violation.
14    (c) In enforcing this Section, the Department, upon a
15showing of a possible violation, may order a licensee or
16applicant to submit to a mental or physical examination, or
17both, at the expense of the Department. The Department may
18order the examining physician to present testimony concerning
19his or her examination of the licensee or applicant. No
20information shall be excluded by reason of any common law or
21statutory privilege relating to communications between the
22licensee or applicant and the examining physician. The
23examining physicians shall be specifically designated by the
24Department. The licensee or applicant may have, at his or her
25own expense, another physician of his or her choice present
26during all aspects of the examination. Failure of a licensee

 

 

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1or applicant to submit to any such examination when directed,
2without reasonable cause, shall be grounds for either
3immediate suspending of his or her license or immediate denial
4of his or her application.
5        (1) If the Secretary immediately suspends the license
6    of a licensee for his or her failure to submit to a mental
7    or physical examination when directed, a hearing must be
8    convened by the Department within 15 days after the
9    suspension and completed without appreciable delay.
10        (2) If the Secretary otherwise suspends a license
11    pursuant to the results of the licensee's mental or
12    physical examination, a hearing must be convened by the
13    Department within 15 days after the suspension and
14    completed without appreciable delay. The Department shall
15    have the authority to review the licensee's record of
16    treatment and counseling regarding the relevant impairment
17    or impairments to the extent permitted by applicable
18    federal statutes and regulations safeguarding the
19    confidentiality of medical records.
20        (3) Any licensee suspended under this subsection shall
21    be afforded an opportunity to demonstrate to the
22    Department that he or she can resume practice in
23    compliance with the acceptable and prevailing standards
24    under the provisions of his or her license.
25    (d) The determination by a circuit court that a licensee
26is subject to involuntary admission or judicial admission, as

 

 

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1provided in the Mental Health and Developmental Disabilities
2Code, operates as an automatic suspension. Such suspension may
3end only upon a finding by a court that the patient is no
4longer subject to involuntary admission or judicial admission,
5the issuance of an order so finding and discharging the
6patient, and the filing of a petition for restoration
7demonstrating fitness to practice.
8    (e) In cases where the Department of Healthcare and Family
9Services has previously determined that a licensee or a
10potential licensee is more than 30 days delinquent in the
11payment of child support and has subsequently certified the
12delinquency to the Department, the Department shall refuse to
13issue or renew or shall revoke or suspend that person's
14license or shall take other disciplinary action against that
15person based solely upon the certification of delinquency made
16by the Department of Healthcare and Family Services under
17paragraph (5) of subsection (a) of Section 2105-15 of the
18Department of Professional Regulation Law of the Civil
19Administrative Code of Illinois.
20    (f) The Department shall refuse to issue or renew or shall
21revoke or suspend a person's license or shall take other
22disciplinary action against that person for his or her failure
23to file a return, to pay the tax, penalty, or interest shown in
24a filed return,