Sen. Emil Jones, III

Filed: 5/28/2021

 

 


 

 


 
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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 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.

 

 

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1    The Illinois Health Information Exchange and Technology
2Act.
3    The Medical Practice Act of 1987.
4    The Registered Interior Designers Act.
5    The Massage Licensing Act.
6    The Petroleum Equipment Contractors Licensing Act.
7    The Radiation Protection Act of 1990.
8    The Real Estate Appraiser Licensing Act of 2002.
9    The Water Well and Pump Installation Contractor's License
10Act.
11(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
12101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
13    (5 ILCS 80/4.37)
14    Sec. 4.37. Acts and Articles repealed on January 1, 2027.
15The following are repealed on January 1, 2027:
16    The Clinical Psychologist Licensing Act.
17    The Illinois Optometric Practice Act of 1987.
18    Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
19XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
20    The Boiler and Pressure Vessel Repairer Regulation Act.
21    The Marriage and Family Therapy Licensing Act.
22    The Boxing and Full-contact Martial Arts Act.
23    The Cemetery Oversight Act.
24    The Community Association Manager Licensing and
25Disciplinary Act.

 

 

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1    The Detection of Deception Examiners 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    Section 10. The Department of Professional Regulation Law
13of the Civil Administrative Code of Illinois is amended by
14changing Sections 2105-35 and 2105-120 as follows:
 
15    (20 ILCS 2105/2105-35)
16    Sec. 2105-35. Prohibited uses of roster of information.
17Notwithstanding any other provision of law to the contrary,
18any roster of information including, but not limited to, the
19licensee's name, address, and profession, shall not be used by
20a third party for the purpose of marketing goods or services
21not related to the licensee's profession. Rosters provided by
22the Department shall comply with the requirements set forth
23under the Freedom of Information Act.
24(Source: P.A. 96-978, eff. 7-2-10.)
 

 

 

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1    (20 ILCS 2105/2105-120)  (was 20 ILCS 2105/60g)
2    Sec. 2105-120. Board's report; licensee's or applicant's
3motion for rehearing.
4    (a) The board shall present to the Secretary Director its
5written report of its findings and recommendations. A copy of
6the report shall be served upon the licensee or applicant,
7either personally or by mail or email as provided in Section
82105-100 for the service of the notice. The Secretary may
9issue an order that deviates from the board's report and is not
10required to provide the board with an explanation of the
11deviation.
12    (b) Within 20 days after the service required under
13subsection (a), the licensee or applicant may present to the
14Department a motion in writing for a rehearing. The written
15motion shall specify the particular grounds for a rehearing.
16If the licensee or applicant orders and pays for a transcript
17of the record as provided in Section 2105-115, the time
18elapsing thereafter and before the transcript is ready for
19delivery to the licensee or applicant shall not be counted as
20part of the 20 days.
21(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
 
22    Section 15. The Massage Licensing Act is amended by
23changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by
24adding Section 12 as follows:
 

 

 

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1    (225 ILCS 57/1)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 1. Short title. This Act may be cited as the Massage
4Therapy Practice Licensing Act.
5(Source: P.A. 92-860, eff. 6-1-03.)
 
6    (225 ILCS 57/10)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 10. Definitions. As used in this Act:
9    "Address of Record" means the designated address recorded
10by the Department in the applicant's or licensee's application
11file or license file as maintained by the Department's
12licensure maintenance unit. It is the duty of the applicant or
13licensee to inform the Department of any change of address and
14those changes must be made either through the Department's
15website or by contacting the Department.
16    "Approved massage school" means a facility which meets
17minimum standards for training and curriculum as determined by
18the Department.
19    "Board" means the Massage Licensing Board appointed by the
20Secretary.
21    "Compensation" means the payment, loan, advance, donation,
22contribution, deposit, or gift of money or anything of value.
23    "Department" means the Department of Financial and
24Professional Regulation.

 

 

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

 

 

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1devoted to the massage specialty and therapeutic approach and
2meets the following requirements:
3        (1) The organization requires that its members meet
4    minimum educational requirements. The educational
5    requirements must include anatomy, physiology, hygiene,
6    sanitation, ethics, technical theory, and application of
7    techniques.
8        (2) The organization has an established code of ethics
9    and has procedures for the suspension and revocation of
10    membership of persons violating the code of ethics.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
13(Source: P.A. 97-514, eff. 8-23-11.)
 
14    (225 ILCS 57/12 new)
15    Sec. 12. Address of record; email address of record. All
16applicants and licensees shall:
17        (1) provide a valid address and email address to the
18    Department, which shall serve as the address of record and
19    email address of record, respectively, at the time of
20    application for licensure or renewal of a license; and
21        (2) inform the Department of any change of address of
22    record or email address of record within 14 days after
23    such change either through the Department's website or by
24    contacting the Department's licensure maintenance unit.
 

 

 

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1    (225 ILCS 57/15)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 15. Licensure requirements.
4    (a) Persons engaged in massage for compensation must be
5licensed by the Department. The Department shall issue a
6license to an individual who meets all of the following
7requirements:
8        (1) The applicant has applied in writing on the
9    prescribed forms and has paid the required fees.
10        (2) The applicant is at least 18 years of age and of
11    good moral character. In determining good moral character,
12    the Department may take into consideration conviction of
13    any crime under the laws of the United States or any state
14    or territory thereof that is a felony or a misdemeanor or
15    any crime that is directly related to the practice of the
16    profession. Such a conviction shall not operate
17    automatically as a complete bar to a license, except in
18    the case of any conviction for prostitution, rape, or
19    sexual misconduct, or where the applicant is a registered
20    sex offender.
21        (3) The applicant has met one of the following
22    requirements: (A) has successfully completed a massage
23    therapy program approved by the Department that requires a
24    minimum of 500 hours, except applicants applying on or
25    after January 1, 2014 shall meet a minimum requirement of
26    600 hours, and has passed a competency examination

 

 

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1    approved by the Department. ; (B) holds a current license
2    from another jurisdiction having licensure requirements
3    that include the completion of a massage therapy program
4    of at least 500 hours; or (C) (blank).
5    (b) Each applicant for licensure as a massage therapist
6shall have his or her fingerprints submitted to the Department
7of State Police in an electronic format that complies with the
8form and manner for requesting and furnishing criminal history
9record information as prescribed by the Department of State
10Police. These fingerprints shall be checked against the
11Department of State Police and Federal Bureau of Investigation
12criminal history record databases now and hereafter filed. The
13Department of State Police shall charge applicants a fee for
14conducting the criminal history records check, which shall be
15deposited into the State Police Services Fund and shall not
16exceed the actual cost of the records check. The Department of
17State Police shall furnish, pursuant to positive
18identification, records of Illinois convictions to the
19Department. The Department may require applicants to pay a
20separate fingerprinting fee, either to the Department or to a
21vendor. The Department, in its discretion, may allow an
22applicant who does not have reasonable access to a designated
23vendor to provide his or her fingerprints in an alternative
24manner. The Department may adopt any rules necessary to
25implement this Section.
26(Source: P.A. 97-514, eff. 8-23-11.)
 

 

 

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1    (225 ILCS 57/25)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 25. Exemptions.
4    (a) This Act does not prohibit a person licensed under any
5other Act in this State from engaging in the practice for which
6he or she is licensed.
7    (b) Persons exempted under this Section include, but are
8not limited to, physicians, podiatric physicians, naprapaths,
9and physical therapists.
10    (c) Nothing in this Act prohibits qualified members of
11other professional groups, including but not limited to
12nurses, occupational therapists, cosmetologists, and
13estheticians, from performing massage in a manner consistent
14with their training and the code of ethics of their respective
15professions.
16    (d) Nothing in this Act prohibits a student of an approved
17massage school or program from performing massage, provided
18that the student does not hold himself or herself out as a
19licensed massage therapist and does not receive compensation,
20including tips, for massage therapy services.
21    (e) Nothing in this Act prohibits practitioners that do
22not involve intentional soft tissue manipulation, including
23but not limited to Alexander Technique, Feldenkrais, Reike,
24and Therapeutic Touch, from practicing.
25    (f) Practitioners of certain service marked bodywork

 

 

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

 

 

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1    (k) Nothing in this Act applies to the practice of massage
2therapy by a person either actively licensed as a massage
3therapist in another state or currently certified by the
4National Certification Board of Therapeutic Massage and
5Bodywork or other national certifying body if said person's
6state does not license massage therapists, if he or she is
7performing his or her duties for a Department-approved
8educational program for less than 30 days in a calendar year, a
9Department-approved continuing education program for less than
1030 days in a calendar year, a non-Illinois based team or
11professional organization, or for a national athletic event
12held in this State, so long as he or she restricts his or her
13practice to his or her team or organization or to event
14participants during the course of his or her team's or
15organization's stay in this State or for the duration of the
16event.
17(Source: P.A. 101-421, eff. 8-16-19.)
 
18    (225 ILCS 57/32)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 32. Display. Every holder of a license shall display
21it, or a copy, in a conspicuous place in the holder's principal
22office or any other location where the holder renders massage
23therapy services. Every displayed license shall have the
24license number visible.
25(Source: P.A. 97-514, eff. 8-23-11.)
 

 

 

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1    (225 ILCS 57/45)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 45. Grounds for discipline.
4    (a) The Department may refuse to issue or renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action, as the Department
7considers appropriate, including the imposition of fines not
8to exceed $10,000 for each violation, with regard to any
9license or licensee for any one or more of the following:
10        (1) violations of this Act or of the rules adopted
11    under this Act;
12        (2) conviction by plea of guilty or nolo contendere,
13    finding of guilt, jury verdict, or entry of judgment or by
14    sentencing of any crime, including, but not limited to,
15    convictions, preceding sentences of supervision,
16    conditional discharge, or first offender probation, under
17    the laws of any jurisdiction of the United States: (i)
18    that is a felony; or (ii) that is a misdemeanor, an
19    essential element of which is dishonesty, or that is
20    directly related to the practice of the profession;
21        (3) professional incompetence;
22        (4) advertising in a false, deceptive, or misleading
23    manner, including failing to use the massage therapist's
24    own license number in an advertisement;
25        (5) aiding, abetting, assisting, procuring, advising,

 

 

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

 

 

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1        (13) discipline by another state, District of
2    Columbia, territory, or foreign nation, if at least one of
3    the grounds for the discipline is the same or
4    substantially equivalent to those set forth in this
5    Section;
6        (14) a finding by the Department that the licensee,
7    after having his or her license placed on probationary
8    status, has violated the terms of probation;
9        (15) willfully making or filing false records or
10    reports in his or her practice, including, but not limited
11    to, false records filed with State agencies or
12    departments;
13        (16) making a material misstatement in furnishing
14    information to the Department or otherwise making
15    misleading, deceptive, untrue, or fraudulent
16    representations in violation of this Act or otherwise in
17    the practice of the profession;
18        (17) 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        (18) inability to practice the profession with
22    reasonable judgment, skill, or safety as a result of
23    physical illness, including, but not limited to,
24    deterioration through the aging process, loss of motor
25    skill, or a mental illness or disability;
26        (19) charging for professional services not rendered,

 

 

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

 

 

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1the tax, penalty, or interest shown in a filed tax return, or
2to pay any final assessment of tax, penalty, or interest, as
3required by any tax Act administered by the Illinois
4Department of Revenue, until such time as the requirements of
5the tax Act are satisfied in accordance with subsection (g) of
6Section 2105-15 of the Civil Administrative Code of Illinois.
7    (e) (Blank).
8    (f) 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 may refuse to
13issue or renew or may revoke or suspend that person's license
14or may take other disciplinary action against that person
15based solely upon the certification of delinquency made by the
16Department of Healthcare and Family Services in accordance
17with item (5) of subsection (a) of Section 2105-15 of the Civil
18Administrative Code of Illinois.
19    (g) The determination by a circuit court that a licensee
20is subject to involuntary admission or judicial admission, as
21provided in the Mental Health and Developmental Disabilities
22Code, operates as an automatic suspension. The suspension will
23end only upon a finding by a court that the patient is no
24longer subject to involuntary admission or judicial admission
25and the issuance of a court order so finding and discharging
26the patient.

 

 

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

 

 

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

 

 

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1the provisions of his or her license.
2(Source: P.A. 100-872, eff. 8-14-18.)
 
3    (225 ILCS 57/50)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 50. Advertising. It is a misdemeanor for any person,
6organization, or corporation to advertise massage services
7unless the person providing the service holds a valid license
8under this Act, except for those excluded licensed
9professionals who are allowed to include massage in their
10scope of practice. A massage therapist may not advertise
11unless he or she has a current license issued by this State. A
12massage therapist shall include the current license number
13issued by the Department on all advertisements in accordance
14with paragraph (4) of subsection (a) of Section 45.
15"Advertise" as used in this Section includes, but is not
16limited to, the issuance of any card, sign, or device to any
17person; the causing, permitting, or allowing of any sign or
18marking on or in any building, vehicle, or structure;
19advertising in any newspaper or magazine; any listing or
20advertising in any directory under a classification or heading
21that includes the words "massage", "massage therapist",
22"therapeutic massage", or "massage therapeutic"; or
23commercials broadcast by any means.
24(Source: P.A. 92-860, eff. 6-1-03.)
 

 

 

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1    (225 ILCS 57/60)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 60. Illinois Administrative Procedure Act. The
4Illinois Administrative Procedure Act is hereby expressly
5adopted and incorporated herein as if all of the provisions of
6that Act were included in this Act, except that the provision
7of subsection (d) of Section 10-65 of the Illinois
8Administrative Procedure Act that provides that at hearings
9the licensee has the right to show compliance with all lawful
10requirements for retention, continuation, or renewal of the
11license is specifically excluded. For the purposes of this Act
12the notice required under Section 10-25 of the Illinois
13Administrative Procedure Act is deemed sufficient when mailed
14to the address of record or emailed to the email address of
15record of a party.
16(Source: P.A. 97-514, eff. 8-23-11.)
 
17    (225 ILCS 57/95)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 95. Investigations; notice and hearing. The
20Department may investigate the actions of any applicant or of
21any person or persons rendering or offering to render massage
22therapy services or any person holding or claiming to hold a
23license as a massage therapist. The Department shall, before
24refusing to issue or renew a license or to discipline a
25licensee under Section 45, at least 30 days prior to the date

 

 

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1set for the hearing, (i) notify the accused in writing of the
2charges made and the time and place for the hearing on the
3charges, (ii) direct him or her to file a written answer with
4the Department under oath within 20 days after the service of
5the notice, and (iii) inform the applicant or licensee that
6failure to file an answer will result in a default judgment
7being entered against the applicant or licensee. At the time
8and place fixed in the notice, the Department shall proceed to
9hear the charges and the parties of their counsel shall be
10accorded ample opportunity to present any pertinent
11statements, testimony, evidence, and arguments. The Department
12may continue the hearing from time to time. In case the person,
13after receiving the notice, fails to file an answer, his or her
14license may, in the discretion of the Department, be revoked,
15suspended, placed on probationary status, or the Department
16may take whatever disciplinary actions considered proper,
17including limiting the scope, nature, or extent of the
18person's practice or the imposition of a fine, without a
19hearing, if the act or acts charged constitute sufficient
20grounds for that action under the Act. The written notice may
21be served by personal delivery, or by certified mail to the
22accused's address of record, or by email to the accused's
23email address of record.
24(Source: P.A. 97-514, eff. 8-23-11.)
 
25    Section 20. The Medical Practice Act of 1987 is amended by

 

 

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1changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,
222, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and
3by adding Sections 7.1 and 7.2 as follows:
 
4    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 2. Definitions. For purposes of this Act, the
7following definitions shall have the following meanings,
8except where the context requires otherwise:
9    "Act" means the Medical Practice Act of 1987.
10    "Address of record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit.
14    "Chiropractic physician" means a person licensed to treat
15human ailments without the use of drugs and without operative
16surgery. Nothing in this Act shall be construed to prohibit a
17chiropractic physician from providing advice regarding the use
18of non-prescription products or from administering atmospheric
19oxygen. Nothing in this Act shall be construed to authorize a
20chiropractic physician to prescribe drugs.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Disciplinary action" means revocation, suspension,
24probation, supervision, practice modification, reprimand,
25required education, fines or any other action taken by the

 

 

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

 

 

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1of persons licensed under this Act, and operating within the
2State of Illinois, including but not limited to, medical
3societies, osteopathic organizations, and chiropractic
4organizations, but this term shall not be deemed to include
5hospital medical staffs.
6    "Program of care, counseling, or treatment" means a
7written schedule of organized treatment, care, counseling,
8activities, or education, satisfactory to the Medical
9Disciplinary Board, designed for the purpose of restoring an
10impaired person to a condition whereby the impaired person can
11practice medicine with reasonable skill and safety of a
12sufficient degree to deliver competent patient care.
13    "Reinstate" means to change the status of a license from
14inactive or nonrenewed status to active status.
15    "Restore" means to remove an encumbrance from a license
16due to probation, suspension, or revocation.
17    "Secretary" means the Secretary of the Department of
18Financial and Professional Regulation.
19(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
 
20    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 7. Medical Disciplinary Board.
23    (A) There is hereby created the Illinois State Medical
24Disciplinary Board. The Disciplinary Board shall consist of 11
25members, to be appointed by the Governor by and with the advice

 

 

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

 

 

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1more than 2 consecutive 4 year terms.
2    In making appointments the Governor shall attempt to
3insure that the various social and geographic regions of the
4State of Illinois are properly represented.
5    In making the designation of persons to act for the
6several professions represented on the Disciplinary Board, the
7Governor shall give due consideration to recommendations by
8members of the respective professions and by organizations
9therein.
10    (C) The Disciplinary Board shall annually elect one of its
11voting members as chairperson and one as vice chairperson. No
12officer shall be elected more than twice in succession to the
13same office. Each officer shall serve until their successor
14has been elected and qualified.
15    (D) (Blank).
16    (E) Six voting members of the Disciplinary Board, at least
174 of whom are physicians, shall constitute a quorum. A vacancy
18in the membership of the Disciplinary Board shall not impair
19the right of a quorum to exercise all the rights and perform
20all the duties of the Disciplinary Board. Any action taken by
21the Disciplinary Board under this Act may be authorized by
22resolution at any regular or special meeting and each such
23resolution shall take effect immediately. The Disciplinary
24Board shall meet at least quarterly.
25    (F) Each member, and member-officer, of the Disciplinary
26Board shall receive a per diem stipend as the Secretary shall

 

 

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1determine. Each member shall be paid their necessary expenses
2while engaged in the performance of their duties.
3    (G) The Secretary shall select a Chief Medical Coordinator
4and not less than 2 Deputy Medical Coordinators who shall not
5be members of the Disciplinary Board. Each medical coordinator
6shall be a physician licensed to practice medicine in all of
7its branches, and the Secretary shall set their rates of
8compensation. The Secretary shall assign at least one medical
9coordinator to a region composed of Cook County and such other
10counties as the Secretary may deem appropriate, and such
11medical coordinator or coordinators shall locate their office
12in Chicago. The Secretary shall assign at least one medical
13coordinator to a region composed of the balance of counties in
14the State, and such medical coordinator or coordinators shall
15locate their office in Springfield. The Chief Medical
16Coordinator shall be the chief enforcement officer of this
17Act. None of the functions, powers, or duties of the
18Department with respect to policies regarding enforcement or
19discipline under this Act, including the adoption of such
20rules as may be necessary for the administration of this Act,
21shall be exercised by the Department except upon review of the
22Disciplinary Board.
23    The Secretary shall employ, in conformity with the
24Personnel Code, investigators who are college graduates with
25at least 2 years of investigative experience or one year of
26advanced medical education. Upon the written request of the

 

 

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

 

 

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

 

 

10200HB0806sam002- 31 -LRB102 02614 SPS 27223 a

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

 

 

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1Governor shall give due consideration to recommendations by
2members of the respective professions and by organizations
3therein.
4    (C) The Medical Board shall annually elect one of its
5voting members as chairperson and one as vice chairperson. No
6officer shall be elected more than twice in succession to the
7same office. Each officer shall serve until their successor
8has been elected and qualified.
9    (D) A majority of the Medical Board members currently
10appointed shall constitute a quorum. A vacancy in the
11membership of the Medical Board shall not impair the right of a
12quorum to exercise all the rights and perform all the duties of
13the Medical Board. Any action taken by the Medical Board under
14this Act may be authorized by resolution at any regular or
15special meeting and each such resolution shall take effect
16immediately. The Medical Board shall meet at least quarterly.
17    (E) Each member shall be paid their necessary expenses
18while engaged in the performance of their duties.
19    (F) The Secretary shall select a Chief Medical Coordinator
20and not less than 2 Deputy Medical Coordinators who shall not
21be members of the Medical Board. Each medical coordinator
22shall be a physician licensed to practice medicine in all of
23its branches, and the Secretary shall set their rates of
24compensation. The Secretary shall assign at least one medical
25coordinator to a region composed of Cook County and such other
26counties as the Secretary may deem appropriate, and such

 

 

10200HB0806sam002- 33 -LRB102 02614 SPS 27223 a

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

 

 

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1agency located in this State shall make available any and all
2information that they have in their possession regarding a
3particular case then under investigation by the Medical Board.
4    (I) Members of the Medical Board shall be immune from suit
5in any action based upon any disciplinary proceedings or other
6acts performed in good faith as members of the Medical Board.
7    (J) The Medical Board may compile and establish a
8statewide roster of physicians and other medical
9professionals, including the several medical specialties, of
10such physicians and medical professionals, who have agreed to
11serve from time to time as advisors to the medical
12coordinators. Such advisors shall assist the medical
13coordinators or the Medical Board in their investigations and
14participation in complaints against physicians. Such advisors
15shall serve under contract and shall be reimbursed at a
16reasonable rate for the services provided, plus reasonable
17expenses incurred. While serving in this capacity, the
18advisor, for any act undertaken in good faith and in the
19conduct of his or her duties under this Section, shall be
20immune from civil suit.
 
21    (225 ILCS 60/7.2 new)
22    Sec. 7.2. Medical Board appointment. All members of the
23Medical Licensing Board and the Medical Disciplinary Board
24shall serve as members of the Medical Board. A majority of the
25Medical Board members shall be appointed within 260 days after

 

 

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

 

 

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

 

 

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

 

 

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1    (B) Members of the Licensing Board shall be appointed for
2terms of 4 years, and until their successors are appointed and
3qualified. Appointments to fill vacancies shall be made in the
4same manner as original appointments, for the unexpired
5portion of the vacated term. No more than 4 members of the
6Licensing Board shall be members of the same political party
7and all members shall be residents of this State. No member of
8the Licensing Board may be appointed to more than 2 successive
94 year terms.
10    (C) Members of the Licensing Board shall be immune from
11suit in any action based upon any licensing proceedings or
12other acts performed in good faith as members of the Licensing
13Board.
14    (D) (Blank).
15    (E) The Licensing Board shall annually elect one of its
16members as chairperson and one as vice chairperson. No member
17shall be elected more than twice in succession to the same
18office. Each officer shall serve until his or her successor
19has been elected and qualified.
20    (F) None of the functions, powers or duties of the
21Department with respect to policies regarding licensure and
22examination under this Act, including the promulgation of such
23rules as may be necessary for the administration of this Act,
24shall be exercised by the Department except upon review of the
25Licensing Board.
26    (G) The Licensing Board shall receive the same

 

 

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1compensation as the members of the Disciplinary Board, which
2compensation shall be paid out of the Illinois State Medical
3Disciplinary Fund.
4    (H) This Section is inoperative when a majority of the
5Medical Board is appointed. This Section is repealed one year
6after the effective date of this amendatory Act of the 102nd
7General Assembly.
8(Source: P.A. 97-622, eff. 11-23-11.)
 
9    (225 ILCS 60/8.1)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 8.1. Matters concerning advanced practice registered
12nurses. Any proposed rules, amendments, second notice
13materials and adopted rule or amendment materials, and policy
14statements concerning advanced practice registered nurses
15shall be presented to the Medical Licensing Board for review
16and comment. The recommendations of both the Board of Nursing
17and the Medical Licensing Board shall be presented to the
18Secretary for consideration in making final decisions.
19Whenever the Board of Nursing and the Medical Licensing Board
20disagree on a proposed rule or policy, the Secretary shall
21convene a joint meeting of the officers of each Board to
22discuss the resolution of any such disagreements.
23(Source: P.A. 100-513, eff. 1-1-18.)
 
24    (225 ILCS 60/9)  (from Ch. 111, par. 4400-9)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 9. Application for license. Each applicant for a
3license shall:
4        (A) Make application on blank forms prepared and
5    furnished by the Department.
6        (B) Submit evidence satisfactory to the Department
7    that the applicant:
8            (1) is of good moral character. In determining
9        moral character under this Section, the Department may
10        take into consideration whether the applicant has
11        engaged in conduct or activities which would
12        constitute grounds for discipline under this Act. The
13        Department may also request the applicant to submit,
14        and may consider as evidence of moral character,
15        endorsements from 2 or 3 individuals licensed under
16        this Act;
17            (2) has the preliminary and professional education
18        required by this Act;
19            (3) (blank); and
20            (4) is physically, mentally, and professionally
21        capable of practicing medicine with reasonable
22        judgment, skill, and safety. In determining physical
23        and mental capacity under this Section, the Medical
24        Licensing Board may, upon a showing of a possible
25        incapacity or conduct or activities that would
26        constitute grounds for discipline under this Act,

 

 

10200HB0806sam002- 41 -LRB102 02614 SPS 27223 a

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

 

 

10200HB0806sam002- 42 -LRB102 02614 SPS 27223 a

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

 

 

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1    which the applicant is a graduate and the category under
2    which the applicant seeks, and will undertake, to
3    practice.
4        (D) Pay to the Department at the time of application
5    the required fees.
6        (E) Pursuant to Department rules, as required, pass an
7    examination authorized by the Department to determine the
8    applicant's fitness to receive a license.
9        (F) Complete the application process within 3 years
10    from the date of application. If the process has not been
11    completed within 3 years, the application shall expire,
12    application fees shall be forfeited, and the applicant
13    must reapply and meet the requirements in effect at the
14    time of reapplication.
15(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
16    (225 ILCS 60/9.3)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 9.3. Withdrawal of application. Any applicant
19applying for a license or permit under this Act may withdraw
20his or her application at any time. If an applicant withdraws
21his or her application after receipt of a written Notice of
22Intent to Deny License or Permit, then the withdrawal shall be
23reported to the Federation of State Medical Boards and the
24National Practitioner Data Bank.
25(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
 

 

 

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1    (225 ILCS 60/17)  (from Ch. 111, par. 4400-17)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 17. Temporary license. Persons holding the degree of
4Doctor of Medicine, persons holding the degree of Doctor of
5Osteopathy or Doctor of Osteopathic Medicine, and persons
6holding the degree of Doctor of Chiropractic or persons who
7have satisfied the requirements therefor and are eligible to
8receive such degree from a medical, osteopathic, or
9chiropractic school, who wish to pursue programs of graduate
10or specialty training in this State, may receive without
11examination, in the discretion of the Department, a 3-year
12temporary license. In order to receive a 3-year temporary
13license hereunder, an applicant shall submit evidence
14satisfactory to the Department that the applicant:
15        (A) Is of good moral character. In determining moral
16    character under this Section, the Department may take into
17    consideration whether the applicant has engaged in conduct
18    or activities which would constitute grounds for
19    discipline under this Act. The Department may also request
20    the applicant to submit, and may consider as evidence of
21    moral character, endorsements from 2 or 3 individuals
22    licensed under this Act;
23        (B) Has been accepted or appointed for specialty or
24    residency training by a hospital situated in this State or
25    a training program in hospitals or facilities maintained

 

 

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1    by the State of Illinois or affiliated training facilities
2    which is approved by the Department for the purpose of
3    such training under this Act. The applicant shall indicate
4    the beginning and ending dates of the period for which the
5    applicant has been accepted or appointed;
6        (C) Has or will satisfy the professional education
7    requirements of Section 11 of this Act which are effective
8    at the date of application except for postgraduate
9    clinical training;
10        (D) Is physically, mentally, and professionally
11    capable of practicing medicine or treating human ailments
12    without the use of drugs and without operative surgery
13    with reasonable judgment, skill, and safety. In
14    determining physical, mental and professional capacity
15    under this Section, the Medical Licensing Board may, upon
16    a showing of a possible incapacity, compel an applicant to
17    submit to a mental or physical examination and evaluation,
18    or both, and may condition or restrict any temporary
19    license, subject to the same terms and conditions as are
20    provided for the Medical Disciplinary Board under Section
21    22 of this Act. Any such condition of restricted temporary
22    license shall provide that the Chief Medical Coordinator
23    or Deputy Medical Coordinator shall have the authority to
24    review the subject physician's compliance with such
25    conditions or restrictions, including, where appropriate,
26    the physician's record of treatment and counseling

 

 

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1    regarding the impairment, to the extent permitted by
2    applicable federal statutes and regulations safeguarding
3    the confidentiality of medical records of patients.
4    Three-year temporary licenses issued pursuant to this
5Section shall be valid only for the period of time designated
6therein, and may be extended or renewed pursuant to the rules
7of the Department, and if a temporary license is thereafter
8extended, it shall not extend beyond completion of the
9residency program. The holder of a valid 3-year temporary
10license shall be entitled thereby to perform only such acts as
11may be prescribed by and incidental to his or her program of
12residency training; he or she shall not be entitled to
13otherwise engage in the practice of medicine in this State
14unless fully licensed in this State.
15    A 3-year temporary license may be revoked or suspended by
16the Department upon proof that the holder thereof has engaged
17in the practice of medicine in this State outside of the
18program of his or her residency or specialty training, or if
19the holder shall fail to supply the Department, within 10 days
20of its request, with information as to his or her current
21status and activities in his or her specialty training
22program. Such a revocation or suspension shall comply with the
23procedures set forth in subsection (d) of Section 37 of this
24Act.
25(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 

 

 

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1    (225 ILCS 60/18)  (from Ch. 111, par. 4400-18)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 18. Visiting professor, physician, or resident
4permits.
5    (A) Visiting professor permit.
6        (1) A visiting professor permit shall entitle a person
7    to practice medicine in all of its branches or to practice
8    the treatment of human ailments without the use of drugs
9    and without operative surgery provided:
10            (a) the person maintains an equivalent
11        authorization to practice medicine in all of its
12        branches or to practice the treatment of human
13        ailments without the use of drugs and without
14        operative surgery in good standing in his or her
15        native licensing jurisdiction during the period of the
16        visiting professor permit;
17            (b) the person has received a faculty appointment
18        to teach in a medical, osteopathic or chiropractic
19        school in Illinois; and
20            (c) the Department may prescribe the information
21        necessary to establish an applicant's eligibility for
22        a permit. This information shall include without
23        limitation (i) a statement from the dean of the
24        medical school at which the applicant will be employed
25        describing the applicant's qualifications and (ii) a
26        statement from the dean of the medical school listing

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        facility that is affiliated with the out-of-State post
2        graduate training program; and
3            (e) that the temporary visiting resident permit
4        shall only permit the holder to practice medicine in
5        all of its branches or practice the treatment of human
6        ailments without the use of drugs and without
7        operative surgery within the scope of the medical,
8        osteopathic, chiropractic or clinical studies for
9        which the holder was invited or appointed.
10        (2) The application for the temporary visiting
11    resident permit shall be made to the Department, in
12    writing, on forms prescribed by the Department, and shall
13    be accompanied by the required fee established by rule.
14    The application shall require information that, in the
15    judgment of the Department, will enable the Department to
16    pass on the qualifications of the applicant.
17        (3) A temporary visiting resident permit shall be
18    valid for 180 days from the date of issuance or until the
19    time the medical, osteopathic, chiropractic, or clinical
20    studies are completed, whichever occurs first.
21        (4) The applicant for a temporary visiting resident
22    permit may be required to appear before the Medical
23    Licensing Board for an interview prior to, and as a
24    requirement for, the issuance of a temporary visiting
25    resident permit.
26(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 

 

 

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1    (225 ILCS 60/19)  (from Ch. 111, par. 4400-19)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 19. Licensure by endorsement. The Department may, in
4its discretion, issue a license by endorsement to any person
5who is currently licensed to practice medicine in all of its
6branches, or a chiropractic physician, in any other state,
7territory, country or province, upon the following conditions
8and submitting evidence satisfactory to the Department of the
9following:
10        (A) (Blank);
11        (B) That the applicant is of good moral character. In
12    determining moral character under this Section, the
13    Department may take into consideration whether the
14    applicant has engaged in conduct or activities which would
15    constitute grounds for discipline under this Act. The
16    Department may also request the applicant to submit, and
17    may consider as evidence of moral character, endorsements
18    from 2 or 3 individuals licensed under this Act;
19        (C) That the applicant is physically, mentally and
20    professionally capable of practicing medicine with
21    reasonable judgment, skill and safety. In determining
22    physical, mental and professional capacity under this
23    Section the Medical Licensing Board may, upon a showing of
24    a possible incapacity, compel an applicant to submit to a
25    mental or physical examination and evaluation, or both, in

 

 

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1    the same manner as provided in Section 22 and may
2    condition or restrict any license, subject to the same
3    terms and conditions as are provided for the Medical
4    Disciplinary Board under Section 22 of this Act.
5        (D) That if the applicant seeks to practice medicine
6    in all of its branches:
7            (1) if the applicant was licensed in another
8        jurisdiction prior to January 1, 1988, that the
9        applicant has satisfied the educational requirements
10        of paragraph (1) of subsection (A) or paragraph (2) of
11        subsection (A) of Section 11 of this Act; or
12            (2) if the applicant was licensed in another
13        jurisdiction after December 31, 1987, that the
14        applicant has satisfied the educational requirements
15        of paragraph (A)(2) of Section 11 of this Act; and
16            (3) the requirements for a license to practice
17        medicine in all of its branches in the particular
18        state, territory, country or province in which the
19        applicant is licensed are deemed by the Department to
20        have been substantially equivalent to the requirements
21        for a license to practice medicine in all of its
22        branches in force in this State at the date of the
23        applicant's license;
24        (E) That if the applicant seeks to treat human
25    ailments without the use of drugs and without operative
26    surgery:

 

 

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

 

 

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1    check established under Section 9.7 of this Act.
2    In the exercise of its discretion under this Section, the
3Department is empowered to consider and evaluate each
4applicant on an individual basis. It may take into account,
5among other things: the extent to which the applicant will
6bring unique experience and skills to the State of Illinois or
7the extent to which there is or is not available to the
8Department authentic and definitive information concerning the
9quality of medical education and clinical training which the
10applicant has had. Under no circumstances shall a license be
11issued under the provisions of this Section to any person who
12has previously taken and failed the written examination
13conducted by the Department for such license. In the exercise
14of its discretion under this Section, the Department may
15require an applicant to successfully complete an examination
16as recommended by the Medical Licensing Board. The Department
17may also request the applicant to submit, and may consider as
18evidence of moral character, evidence from 2 or 3 individuals
19licensed under this Act. Applicants have 3 years from the date
20of application to complete the application process. If the
21process has not been completed within 3 years, the application
22shall be denied, the fees shall be forfeited, and the
23applicant must reapply and meet the requirements in effect at
24the time of reapplication.
25(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 

 

 

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1    (225 ILCS 60/21)  (from Ch. 111, par. 4400-21)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 21. License renewal; reinstatement; inactive status;
4disposition and collection of fees.
5    (A) Renewal. The expiration date and renewal period for
6each license issued under this Act shall be set by rule. The
7holder of a license may renew the license by paying the
8required fee. The holder of a license may also renew the
9license within 90 days after its expiration by complying with
10the requirements for renewal and payment of an additional fee.
11A license renewal within 90 days after expiration shall be
12effective retroactively to the expiration date.
13    The Department shall attempt to provide through electronic
14means to each licensee under this Act, at least 60 days in
15advance of the expiration date of his or her license, a renewal
16notice. No such license shall be deemed to have lapsed until 90
17days after the expiration date and after the Department has
18attempted to provide such notice as herein provided.
19    (B) Reinstatement. Any licensee who has permitted his or
20her license to lapse or who has had his or her license on
21inactive status may have his or her license reinstated by
22making application to the Department and filing proof
23acceptable to the Department of his or her fitness to have the
24license reinstated, including evidence certifying to active
25practice in another jurisdiction satisfactory to the
26Department, proof of meeting the continuing education

 

 

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

 

 

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

 

 

10200HB0806sam002- 61 -LRB102 02614 SPS 27223 a

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

 

 

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

 

 

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1    $20. No fee is required for name and address changes on
2    Department records when no updated license is issued.
3        (8) The fee to be paid for a license record for any
4    purpose is $20.
5        (9) The fee to be paid to have the scoring of an
6    examination, administered by the Department, reviewed and
7    verified, is $20 plus any fees charged by the applicable
8    testing service.
9    (F) Any person who delivers a check or other payment to the
10Department that is returned to the Department unpaid by the
11financial institution upon which it is drawn shall pay to the
12Department, in addition to the amount already owed to the
13Department, a fine of $50. The fines imposed by this Section
14are in addition to any other discipline provided under this
15Act for unlicensed practice or practice on a nonrenewed
16license. The Department shall notify the person that payment
17of fees and fines shall be paid to the Department by certified
18check or money order within 30 calendar days of the
19notification. If, after the expiration of 30 days from the
20date of the notification, the person has failed to submit the
21necessary remittance, the Department shall automatically
22terminate the license or permit or deny the application,
23without hearing. If, after termination or denial, the person
24seeks a license or permit, he or she shall apply to the
25Department for reinstatement or issuance of the license or
26permit and pay all fees and fines due to the Department. The

 

 

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1Department may establish a fee for the processing of an
2application for reinstatement of a license or permit to pay
3all expenses of processing this application. The Secretary may
4waive the fines due under this Section in individual cases
5where the Secretary finds that the fines would be unreasonable
6or unnecessarily burdensome.
7(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
 
8    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 22. Disciplinary action.
11    (A) The Department may revoke, suspend, place on
12probation, reprimand, refuse to issue or renew, or take any
13other disciplinary or non-disciplinary action as the
14Department may deem proper with regard to the license or
15permit of any person issued under this Act, including imposing
16fines not to exceed $10,000 for each violation, upon any of the
17following grounds:
18        (1) (Blank).
19        (2) (Blank).
20        (3) A plea of guilty or nolo contendere, finding of
21    guilt, jury verdict, or entry of judgment or sentencing,
22    including, but not limited to, convictions, preceding
23    sentences of supervision, conditional discharge, or first
24    offender probation, under the laws of any jurisdiction of
25    the United States of any crime that is a felony.

 

 

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1        (4) Gross negligence in practice under this Act.
2        (5) Engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud or harm the public.
5        (6) Obtaining any fee by fraud, deceit, or
6    misrepresentation.
7        (7) Habitual or excessive use or abuse of drugs
8    defined in law as controlled substances, of alcohol, or of
9    any other substances which results in the inability to
10    practice with reasonable judgment, skill, or safety.
11        (8) Practicing under a false or, except as provided by
12    law, an assumed name.
13        (9) Fraud or misrepresentation in applying for, or
14    procuring, a license under this Act or in connection with
15    applying for renewal of a license under this Act.
16        (10) Making a false or misleading statement regarding
17    their skill or the efficacy or value of the medicine,
18    treatment, or remedy prescribed by them at their direction
19    in the treatment of any disease or other condition of the
20    body or mind.
21        (11) Allowing another person or organization to use
22    their license, procured under this Act, to practice.
23        (12) Adverse action taken by another state or
24    jurisdiction against a license or other authorization to
25    practice as a medical doctor, doctor of osteopathy, doctor
26    of osteopathic medicine or doctor of chiropractic, a

 

 

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

 

 

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1    appliances, or goods provided for a patient in such manner
2    as to exploit the patient for financial gain of the
3    physician.
4        (19) Offering, undertaking, or agreeing to cure or
5    treat disease by a secret method, procedure, treatment, or
6    medicine, or the treating, operating, or prescribing for
7    any human condition by a method, means, or procedure which
8    the licensee refuses to divulge upon demand of the
9    Department.
10        (20) Immoral conduct in the commission of any act
11    including, but not limited to, commission of an act of
12    sexual misconduct related to the licensee's practice.
13        (21) Willfully making or filing false records or
14    reports in his or her practice as a physician, including,
15    but not limited to, false records to support claims
16    against the medical assistance program of the Department
17    of Healthcare and Family Services (formerly Department of
18    Public Aid) under the Illinois Public Aid Code.
19        (22) Willful omission to file or record, or willfully
20    impeding the filing or recording, or inducing another
21    person to omit to file or record, medical reports as
22    required by law, or willfully failing to report an
23    instance of suspected abuse or neglect as required by law.
24        (23) Being named as a perpetrator in an indicated
25    report by the Department of Children and Family Services
26    under the Abused and Neglected Child Reporting Act, and

 

 

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

 

 

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1        (29) Cheating on or attempt to subvert the licensing
2    examinations administered under this Act.
3        (30) Willfully or negligently violating the
4    confidentiality between physician and patient except as
5    required by law.
6        (31) The use of any false, fraudulent, or deceptive
7    statement in any document connected with practice under
8    this Act.
9        (32) Aiding and abetting an individual not licensed
10    under this Act in the practice of a profession licensed
11    under this Act.
12        (33) Violating state or federal laws or regulations
13    relating to controlled substances, legend drugs, or
14    ephedra as defined in the Ephedra Prohibition Act.
15        (34) Failure to report to the Department any adverse
16    final action taken against them by another licensing
17    jurisdiction (any other state or any territory of the
18    United States or any foreign state or country), by any
19    peer review body, by any health care institution, by any
20    professional society or association related to practice
21    under this Act, by any governmental agency, by any law
22    enforcement agency, or by any court for acts or conduct
23    similar to acts or conduct which would constitute grounds
24    for action as defined in this Section.
25        (35) Failure to report to the Department surrender of
26    a license or authorization to practice as a medical

 

 

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1    doctor, a doctor of osteopathy, a doctor of osteopathic
2    medicine, or doctor of chiropractic in another state or
3    jurisdiction, or surrender of membership on any medical
4    staff or in any medical or professional association or
5    society, while under disciplinary investigation by any of
6    those authorities or bodies, for acts or conduct similar
7    to acts or conduct which would constitute grounds for
8    action as defined in this Section.
9        (36) Failure to report to the Department any adverse
10    judgment, settlement, or award arising from a liability
11    claim related to acts or conduct similar to acts or
12    conduct which would constitute grounds for action as
13    defined in this Section.
14        (37) Failure to provide copies of medical records as
15    required by law.
16        (38) Failure to furnish the Department, its
17    investigators or representatives, relevant information,
18    legally requested by the Department after consultation
19    with the Chief Medical Coordinator or the Deputy Medical
20    Coordinator.
21        (39) Violating the Health Care Worker Self-Referral
22    Act.
23        (40) Willful failure to provide notice when notice is
24    required under the Parental Notice of Abortion Act of
25    1995.
26        (41) Failure to establish and maintain records of

 

 

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

 

 

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1    collaborative agreements with licensed physician
2    assistants resulting in an inability to adequately
3    collaborate.
4        (50) Repeated failure to adequately collaborate with a
5    physician assistant.
6    Except for actions involving the ground numbered (26), all
7proceedings to suspend, revoke, place on probationary status,
8or take any other disciplinary action as the Department may
9deem proper, with regard to a license on any of the foregoing
10grounds, must be commenced within 5 years next after receipt
11by the Department of a complaint alleging the commission of or
12notice of the conviction order for any of the acts described
13herein. Except for the grounds numbered (8), (9), (26), and
14(29), no action shall be commenced more than 10 years after the
15date of the incident or act alleged to have violated this
16Section. For actions involving the ground numbered (26), a
17pattern of practice or other behavior includes all incidents
18alleged to be part of the pattern of practice or other behavior
19that occurred, or a report pursuant to Section 23 of this Act
20received, within the 10-year period preceding the filing of
21the complaint. In the event of the settlement of any claim or
22cause of action in favor of the claimant or the reduction to
23final judgment of any civil action in favor of the plaintiff,
24such claim, cause of action, or civil action being grounded on
25the allegation that a person licensed under this Act was
26negligent in providing care, the Department shall have an

 

 

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

 

 

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1    The Department, upon the recommendation of the Medical
2Disciplinary Board, shall adopt rules which set forth
3standards to be used in determining:
4        (a) when a person will be deemed sufficiently
5    rehabilitated to warrant the public trust;
6        (b) what constitutes dishonorable, unethical, or
7    unprofessional conduct of a character likely to deceive,
8    defraud, or harm the public;
9        (c) what constitutes immoral conduct in the commission
10    of any act, including, but not limited to, commission of
11    an act of sexual misconduct related to the licensee's
12    practice; and
13        (d) what constitutes gross negligence in the practice
14    of medicine.
15    However, no such rule shall be admissible into evidence in
16any civil action except for review of a licensing or other
17disciplinary action under this Act.
18    In enforcing this Section, the Medical Disciplinary Board
19or the Licensing Board, upon a showing of a possible
20violation, may compel, in the case of the Disciplinary Board,
21any individual who is licensed to practice under this Act or
22holds a permit to practice under this Act, or, in the case of
23the Licensing Board, any individual who has applied for
24licensure or a permit pursuant to this Act, to submit to a
25mental or physical examination and evaluation, or both, which
26may include a substance abuse or sexual offender evaluation,

 

 

10200HB0806sam002- 75 -LRB102 02614 SPS 27223 a

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

 

 

10200HB0806sam002- 76 -LRB102 02614 SPS 27223 a

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

 

 

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

 

 

10200HB0806sam002- 78 -LRB102 02614 SPS 27223 a

1confidentiality of medical records.
2    An individual licensed under this Act, affected under this
3Section, shall be afforded an opportunity to demonstrate to
4the Medical Disciplinary Board that he or she they can resume
5practice in compliance with acceptable and prevailing
6standards under the provisions of his or her their license.
7    The Department may promulgate rules for the imposition of
8fines in disciplinary cases, not to exceed $10,000 for each
9violation of this Act. Fines may be imposed in conjunction
10with other forms of disciplinary action, but shall not be the
11exclusive disposition of any disciplinary action arising out
12of conduct resulting in death or injury to a patient. Any funds
13collected from such fines shall be deposited in the Illinois
14State Medical Disciplinary Fund.
15    All fines imposed under this Section shall be paid within
1660 days after the effective date of the order imposing the fine
17or in accordance with the terms set forth in the order imposing
18the fine.
19    (B) The Department shall revoke the license or permit
20issued under this Act to practice medicine or a chiropractic
21physician who has been convicted a second time of committing
22any felony under the Illinois Controlled Substances Act or the
23Methamphetamine Control and Community Protection Act, or who
24has been convicted a second time of committing a Class 1 felony
25under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
26person whose license or permit is revoked under this

 

 

10200HB0806sam002- 79 -LRB102 02614 SPS 27223 a

1subsection B shall be prohibited from practicing medicine or
2treating human ailments without the use of drugs and without
3operative surgery.
4    (C) The Department shall not revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action against the
7license or permit issued under this Act to practice medicine
8to a physician:
9        (1) based solely upon the recommendation of the
10    physician to an eligible patient regarding, or
11    prescription for, or treatment with, an investigational
12    drug, biological product, or device; or
13        (2) for experimental treatment for Lyme disease or
14    other tick-borne diseases, including, but not limited to,
15    the prescription of or treatment with long-term
16    antibiotics.
17    (D) The Medical Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Medical Board finds
20that a physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice
23as required under the Parental Notice of Abortion Act of 1995.
24Upon the Medical Board's recommendation, the Department shall
25impose, for the first violation, a civil penalty of $1,000 and
26for a second or subsequent violation, a civil penalty of

 

 

10200HB0806sam002- 80 -LRB102 02614 SPS 27223 a

1$5,000.
2(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
3100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
41-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
5eff. 8-9-19; revised 9-20-19.)
 
6    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 23. Reports relating to professional conduct and
9capacity.
10    (A) Entities required to report.
11        (1) Health care institutions. The chief administrator
12    or executive officer of any health care institution
13    licensed by the Illinois Department of Public Health shall
14    report to the Medical Disciplinary Board when any person's
15    clinical privileges are terminated or are restricted based
16    on a final determination made in accordance with that
17    institution's by-laws or rules and regulations that a
18    person has either committed an act or acts which may
19    directly threaten patient care or that a person may have a
20    mental or physical disability that may endanger patients
21    under that person's care. Such officer also shall report
22    if a person accepts voluntary termination or restriction
23    of clinical privileges in lieu of formal action based upon
24    conduct related directly to patient care or in lieu of
25    formal action seeking to determine whether a person may

 

 

10200HB0806sam002- 81 -LRB102 02614 SPS 27223 a

1    have a mental or physical disability that may endanger
2    patients under that person's care. The Medical
3    Disciplinary Board shall, by rule, provide for the
4    reporting to it by health care institutions of all
5    instances in which a person, licensed under this Act, who
6    is impaired by reason of age, drug or alcohol abuse or
7    physical or mental impairment, is under supervision and,
8    where appropriate, is in a program of rehabilitation. Such
9    reports shall be strictly confidential and may be reviewed
10    and considered only by the members of the Medical
11    Disciplinary Board, or by authorized staff as provided by
12    rules of the Medical Disciplinary Board. Provisions shall
13    be made for the periodic report of the status of any such
14    person not less than twice annually in order that the
15    Medical Disciplinary Board shall have current information
16    upon which to determine the status of any such person.
17    Such initial and periodic reports of impaired physicians
18    shall not be considered records within the meaning of The
19    State Records Act and shall be disposed of, following a
20    determination by the Medical Disciplinary Board that such
21    reports are no longer required, in a manner and at such
22    time as the Medical Disciplinary Board shall determine by
23    rule. The filing of such reports shall be construed as the
24    filing of a report for purposes of subsection (C) of this
25    Section.
26        (1.5) Clinical training programs. The program director

 

 

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

 

 

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

 

 

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

 

 

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1    reporting party deems to be an aid in the evaluation of the
2    report.
3    The Medical Disciplinary Board or Department may also
4exercise the power under Section 38 of this Act to subpoena
5copies of hospital or medical records in mandatory report
6cases alleging death or permanent bodily injury. Appropriate
7rules shall be adopted by the Department with the approval of
8the Medical Disciplinary Board.
9    When the Department has received written reports
10concerning incidents required to be reported in items (34),
11(35), and (36) of subsection (A) of Section 22, the licensee's
12failure to report the incident to the Department under those
13items shall not be the sole grounds for disciplinary action.
14    Nothing contained in this Section shall act to in any way,
15waive or modify the confidentiality of medical reports and
16committee reports to the extent provided by law. Any
17information reported or disclosed shall be kept for the
18confidential use of the Medical Disciplinary Board, the
19Medical Coordinators, the Medical Disciplinary Board's
20attorneys, the medical investigative staff, and authorized
21clerical staff, as provided in this Act, and shall be afforded
22the same status as is provided information concerning medical
23studies in Part 21 of Article VIII of the Code of Civil
24Procedure, except that the Department may disclose information
25and documents to a federal, State, or local law enforcement
26agency pursuant to a subpoena in an ongoing criminal

 

 

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

 

 

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

 

 

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1notify the Attorney General shall constitute an absolute
2waiver of the right to a defense and indemnification.
3    The Attorney General shall determine within 7 days after
4receiving such notice, whether he or she will undertake to
5represent the member.
6    (E) Deliberations of Medical Disciplinary Board. Upon the
7receipt of any report called for by this Act, other than those
8reports of impaired persons licensed under this Act required
9pursuant to the rules of the Medical Disciplinary Board, the
10Medical Disciplinary Board shall notify in writing, by
11certified mail or email, the person who is the subject of the
12report. Such notification shall be made within 30 days of
13receipt by the Medical Disciplinary Board of the report.
14    The notification shall include a written notice setting
15forth the person's right to examine the report. Included in
16such notification shall be the address at which the file is
17maintained, the name of the custodian of the reports, and the
18telephone number at which the custodian may be reached. The
19person who is the subject of the report shall submit a written
20statement responding, clarifying, adding to, or proposing the
21amending of the report previously filed. The person who is the
22subject of the report shall also submit with the written
23statement any medical records related to the report. The
24statement and accompanying medical records shall become a
25permanent part of the file and must be received by the Medical
26Disciplinary Board no more than 30 days after the date on which

 

 

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1the person was notified by the Medical Disciplinary Board of
2the existence of the original report.
3    The Medical Disciplinary Board shall review all reports
4received by it, together with any supporting information and
5responding statements submitted by persons who are the subject
6of reports. The review by the Medical Disciplinary Board shall
7be in a timely manner but in no event, shall the Medical
8Disciplinary Board's initial review of the material contained
9in each disciplinary file be less than 61 days nor more than
10180 days after the receipt of the initial report by the Medical
11Disciplinary Board.
12    When the Medical Disciplinary Board makes its initial
13review of the materials contained within its disciplinary
14files, the Medical Disciplinary Board shall, in writing, make
15a determination as to whether there are sufficient facts to
16warrant further investigation or action. Failure to make such
17determination within the time provided shall be deemed to be a
18determination that there are not sufficient facts to warrant
19further investigation or action.
20    Should the Medical Disciplinary Board find that there are
21not sufficient facts to warrant further investigation, or
22action, the report shall be accepted for filing and the matter
23shall be deemed closed and so reported to the Secretary. The
24Secretary shall then have 30 days to accept the Medical
25Disciplinary Board's decision or request further
26investigation. The Secretary shall inform the Medical Board of

 

 

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1the decision to request further investigation, including the
2specific reasons for the decision. The individual or entity
3filing the original report or complaint and the person who is
4the subject of the report or complaint shall be notified in
5writing by the Secretary of any final action on their report or
6complaint. The Department shall disclose to the individual or
7entity who filed the original report or complaint, on request,
8the status of the Medical Disciplinary Board's review of a
9specific report or complaint. Such request may be made at any
10time, including prior to the Medical Disciplinary Board's
11determination as to whether there are sufficient facts to
12warrant further investigation or action.
13    (F) Summary reports. The Medical Disciplinary Board shall
14prepare, on a timely basis, but in no event less than once
15every other month, a summary report of final disciplinary
16actions taken upon disciplinary files maintained by the
17Medical Disciplinary Board. The summary reports shall be made
18available to the public upon request and payment of the fees
19set by the Department. This publication may be made available
20to the public on the Department's website. Information or
21documentation relating to any disciplinary file that is closed
22without disciplinary action taken shall not be disclosed and
23shall be afforded the same status as is provided by Part 21 of
24Article VIII of the Code of Civil Procedure.
25    (G) Any violation of this Section shall be a Class A
26misdemeanor.

 

 

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

 

 

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

 

 

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1shall provide patient records related to the physician
2involved in the disciplinary proceeding to the Department
3within 30 days of the Department's request for use by the
4Department in any disciplinary matter under this Act. An
5attorney who provides patient records to the Department in
6accordance with this requirement shall not be deemed to have
7violated any attorney-client privilege. Notwithstanding any
8other provision of law, consent by a patient shall not be
9required for the provision of patient records in accordance
10with this requirement.
11    (f) For the purpose of any civil or criminal proceedings,
12the good faith of any physician, association, society or
13person shall be presumed.
14(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
15    (225 ILCS 60/25)  (from Ch. 111, par. 4400-25)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 25. The Secretary of the Department may, upon receipt
18of a written communication from the Secretary of Human
19Services, the Director of Healthcare and Family Services
20(formerly Director of Public Aid), or the Director of Public
21Health that continuation of practice of a person licensed
22under this Act constitutes an immediate danger to the public,
23and after consultation with the Chief Medical Coordinator or
24Deputy Medical Coordinator, immediately suspend the license of
25such person without a hearing. In instances in which the

 

 

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1Secretary immediately suspends a license under this Section, a
2hearing upon such person's license must be convened by the
3Medical Disciplinary Board within 15 days after such
4suspension and completed without appreciable delay. Such
5hearing is to be held to determine whether to recommend to the
6Secretary that the person's license be revoked, suspended,
7placed on probationary status or reinstated, or whether such
8person should be subject to other disciplinary action. In the
9hearing, the written communication and any other evidence
10submitted therewith may be introduced as evidence against such
11person; provided however, the person, or their counsel, shall
12have the opportunity to discredit, impeach and submit evidence
13rebutting such evidence.
14(Source: P.A. 97-622, eff. 11-23-11.)
 
15    (225 ILCS 60/35)  (from Ch. 111, par. 4400-35)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 35. The Secretary shall have the authority to appoint
18an attorney duly licensed to practice law in the State of
19Illinois to serve as the hearing officer in any action to
20suspend, revoke, place on probationary status, or take any
21other disciplinary action with regard to a license. The
22hearing officer shall have full authority to conduct the
23hearing. The hearing officer shall report his findings and
24recommendations to the Medical Disciplinary Board or Licensing
25Board within 30 days of the receipt of the record. The Medical

 

 

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

 

 

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1of such notice and inform him or her that if he or she fails to
2file such answer default will be taken against him or her and
3his or her license may be suspended, revoked, placed on
4probationary status, or have other disciplinary action,
5including limiting the scope, nature or extent of his or her
6practice, as the Department may deem proper taken with regard
7thereto. The Department shall, at least 14 days prior to the
8date set for the hearing, notify in writing any person who
9filed a complaint against the accused of the time and place for
10the hearing of the charges against the accused before the
11Medical Disciplinary Board and inform such person whether he
12or she may provide testimony at the hearing.
13    (c) (Blank).
14    (d) Such written notice and any notice in such proceedings
15thereafter may be served by personal delivery, email to the
16respondent's email address of record, or mail to the
17respondent's address of record.
18    (e) All information gathered by the Department during its
19investigation including information subpoenaed under Section
2023 or 38 of this Act and the investigative file shall be kept
21for the confidential use of the Secretary, the Medical
22Disciplinary Board, the Medical Coordinators, persons employed
23by contract to advise the Medical Coordinator or the
24Department, the Medical Disciplinary Board's attorneys, the
25medical investigative staff, and authorized clerical staff, as
26provided in this Act and shall be afforded the same status as

 

 

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1is provided information concerning medical studies in Part 21
2of Article VIII of the Code of Civil Procedure, except that the
3Department may disclose information and documents to a
4federal, State, or local law enforcement agency pursuant to a
5subpoena in an ongoing criminal investigation to a health care
6licensing body of this State or another state or jurisdiction
7pursuant to an official request made by that licensing body.
8Furthermore, information and documents disclosed to a federal,
9State, or local law enforcement agency may be used by that
10agency only for the investigation and prosecution of a
11criminal offense or, in the case of disclosure to a health care
12licensing body, only for investigations and disciplinary
13action proceedings with regard to a license issued by that
14licensing body.
15(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
16revised 9-20-19.)
 
17    (225 ILCS 60/37)  (from Ch. 111, par. 4400-37)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 37. Disciplinary actions.
20    (a) At the time and place fixed in the notice, the Medical
21Disciplinary Board provided for in this Act shall proceed to
22hear the charges, and the accused person shall be accorded
23ample opportunity to present in person, or by counsel, such
24statements, testimony, evidence and argument as may be
25pertinent to the charges or to any defense thereto. The

 

 

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

 

 

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1Department of their actions, placing themselves under the care
2of a qualified physician for treatment, or limiting their
3practice in such manner as the Secretary may require.
4    (d) The Secretary, after consultation with the Chief
5Medical Coordinator or Deputy Medical Coordinator, may
6temporarily suspend the license of a physician without a
7hearing, simultaneously with the institution of proceedings
8for a hearing provided under this Section if the Secretary
9finds that evidence in his or her possession indicates that a
10physician's continuation in practice would constitute an
11immediate danger to the public. In the event that the
12Secretary suspends, temporarily, the license of a physician
13without a hearing, a hearing by the Medical Disciplinary Board
14shall be held within 15 days after such suspension has
15occurred and shall be concluded without appreciable delay.
16(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
17    (225 ILCS 60/38)  (from Ch. 111, par. 4400-38)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 38. Subpoena; oaths.
20    (a) The Medical Disciplinary Board or Department has power
21to subpoena and bring before it any person in this State and to
22take testimony either orally or by deposition, or both, with
23the same fees and mileage and in the same manner as is
24prescribed by law for judicial procedure in civil cases.
25    (b) The Medical Disciplinary Board or Department, upon a

 

 

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1determination that probable cause exists that a violation of
2one or more of the grounds for discipline listed in Section 22
3has occurred or is occurring, may subpoena the medical and
4hospital records of individual patients of physicians licensed
5under this Act, provided, that prior to the submission of such
6records to the Medical Disciplinary Board, all information
7indicating the identity of the patient shall be removed and
8deleted. Notwithstanding the foregoing, the Medical
9Disciplinary Board and Department shall possess the power to
10subpoena copies of hospital or medical records in mandatory
11report cases under Section 23 alleging death or permanent
12bodily injury when consent to obtain records is not provided
13by a patient or legal representative. Prior to submission of
14the records to the Medical Disciplinary Board, all information
15indicating the identity of the patient shall be removed and
16deleted. All medical records and other information received
17pursuant to subpoena shall be confidential and shall be
18afforded the same status as is proved information concerning
19medical studies in Part 21 of Article VIII of the Code of Civil
20Procedure. The use of such records shall be restricted to
21members of the Medical Disciplinary Board, the medical
22coordinators, and appropriate staff of the Department
23designated by the Medical Disciplinary Board for the purpose
24of determining the existence of one or more grounds for
25discipline of the physician as provided for by Section 22 of
26this Act. Any such review of individual patients' records

 

 

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1shall be conducted by the Medical Disciplinary Board in strict
2confidentiality, provided that such patient records shall be
3admissible in a disciplinary hearing, before the Medical
4Disciplinary Board, when necessary to substantiate the grounds
5for discipline alleged against the physician licensed under
6this Act, and provided further, that nothing herein shall be
7deemed to supersede the provisions of Part 21 of Article VIII
8of the "Code of Civil Procedure", as now or hereafter amended,
9to the extent applicable.
10    (c) The Secretary, hearing officer, and any member of the
11Medical Disciplinary Board each have power to administer oaths
12at any hearing which the Medical Disciplinary Board or
13Department is authorized by law to conduct.
14    (d) The Medical Disciplinary Board, upon a determination
15that probable cause exists that a violation of one or more of
16the grounds for discipline listed in Section 22 has occurred
17or is occurring on the business premises of a physician
18licensed under this Act, may issue an order authorizing an
19appropriately qualified investigator employed by the
20Department to enter upon the business premises with due
21consideration for patient care of the subject of the
22investigation so as to inspect the physical premises and
23equipment and furnishings therein. No such order shall include
24the right of inspection of business, medical, or personnel
25records located on the premises. For purposes of this Section,
26"business premises" is defined as the office or offices where

 

 

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1the physician conducts the practice of medicine. Any such
2order shall expire and become void five business days after
3its issuance by the Medical Disciplinary Board. The execution
4of any such order shall be valid only during the normal
5business hours of the facility or office to be inspected.
6(Source: P.A. 101-316, eff. 8-9-19.)
 
7    (225 ILCS 60/39)  (from Ch. 111, par. 4400-39)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 39. Certified shorthand reporter; record. The
10Department, at its expense, shall provide a certified
11shorthand reporter to take down the testimony and preserve a
12record of all proceedings at the hearing of any case wherein a
13license may be revoked, suspended, placed on probationary
14status, or other disciplinary action taken with regard thereto
15in accordance with Section 2105-115 of the Department of
16Professional Regulation Law of the Civil Administrative Code
17of Illinois. The notice of hearing, complaint and all other
18documents in the nature of pleadings and written motions filed
19in the proceedings, the transcript of testimony, the report of
20the hearing officer, exhibits, the report of the Medical
21Board, and the orders of the Department constitute the record
22of the proceedings.
23(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
 
24    (225 ILCS 60/40)  (from Ch. 111, par. 4400-40)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 40. Findings and recommendations; rehearing.
3    (a) The Medical Disciplinary Board shall present to the
4Secretary a written report of its findings and
5recommendations. A copy of such report shall be served upon
6the accused person, either personally or by mail or email.
7Within 20 days after such service, the accused person may
8present to the Department his or her motion, in writing, for a
9rehearing, which written motion shall specify the particular
10ground therefor. If the accused person orders and pays for a
11transcript of the record as provided in Section 39, the time
12elapsing thereafter and before such transcript is ready for
13delivery to them shall not be counted as part of such 20 days.
14    (b) At the expiration of the time allowed for filing a
15motion for rehearing, the Secretary may take the action
16recommended by the Medical Disciplinary Board. Upon the
17suspension, revocation, placement on probationary status, or
18the taking of any other disciplinary action, including the
19limiting of the scope, nature, or extent of one's practice,
20deemed proper by the Department, with regard to the license or
21permit, the accused shall surrender his or her license or
22permit to the Department, if ordered to do so by the
23Department, and upon his or her failure or refusal so to do,
24the Department may seize the same.
25    (c) Each order of revocation, suspension, or other
26disciplinary action shall contain a brief, concise statement

 

 

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

 

 

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1    (b) Proceedings for judicial review shall be commenced in
2the circuit court of the county in which the party applying for
3review resides; but if the party is not a resident of this
4State, the venue shall be in Sangamon County.
5    (c) The Department shall not be required to certify any
6record to the court, to file an answer in court, or to
7otherwise appear in any court in a judicial review proceeding
8unless and until the Department has received from the
9plaintiff payment of the costs of furnishing and certifying
10the record, which costs shall be determined by the Department.
11Exhibits shall be certified without cost. Failure on the part
12of the plaintiff to file a receipt in court shall be grounds
13for dismissal of the action. During the pendency and hearing
14of any and all judicial proceedings incident to the
15disciplinary action the sanctions imposed upon the accused by
16the Department because of acts or omissions related to the
17delivery of direct patient care as specified in the
18Department's final administrative decision, shall as a matter
19of public policy remain in full force and effect in order to
20protect the public pending final resolution of any of the
21proceedings.
22(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
23    (225 ILCS 60/42)  (from Ch. 111, par. 4400-42)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 42. An order of revocation, suspension, placing the

 

 

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1license on probationary status, or other formal disciplinary
2action as the Department may deem proper, or a certified copy
3thereof, over the seal of the Department and purporting to be
4signed by the Secretary, is prima facie proof that:
5        (a) Such signature is the genuine signature of the
6    Secretary;
7        (b) The Secretary is duly appointed and qualified; and
8        (c) The Medical Disciplinary Board and the members
9    thereof are qualified.
10    Such proof may be rebutted.
11(Source: P.A. 97-622, eff. 11-23-11.)
 
12    (225 ILCS 60/44)  (from Ch. 111, par. 4400-44)
13    (Section scheduled to be repealed on January 1, 2022)
14    Sec. 44. None of the disciplinary functions, powers and
15duties enumerated in this Act shall be exercised by the
16Department except upon the action and report in writing of the
17Medical Disciplinary Board.
18    In all instances, under this Act, in which the Medical
19Disciplinary Board has rendered a recommendation to the
20Secretary with respect to a particular physician, the
21Secretary may take action contrary to the recommendation of
22the Medical Board. In shall, in the event that the Secretary he
23or she disagrees with or takes action contrary to the
24recommendation of the Medical Disciplinary Board, file with
25the Medical Disciplinary Board his or her specific written

 

 

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

 

 

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1the address of record of a party.
2(Source: P.A. 97-622, eff. 11-23-11.)
 
3    Section 25. The Boxing and Full-contact Martial Arts Act
4is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
513, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,
622, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and
72.5 as follows:
 
8    (225 ILCS 105/1)  (from Ch. 111, par. 5001)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 1. Short title and definitions.
11    (a) This Act may be cited as the Boxing and Full-contact
12Martial Arts Act.
13    (b) As used in this Act:
14        "Department" means the Department of Financial and
15    Professional Regulation.
16        "Secretary" means the Secretary of Financial and
17    Professional Regulation or a person authorized by the
18    Secretary to act in the Secretary's stead.
19        "Board" means the State of Illinois Athletic Board
20    established pursuant to this Act.
21        "License" means the license issued for promoters,
22    professionals, amateurs, or officials in accordance with
23    this Act.
24        "Contest Professional contest" means a boxing or

 

 

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1    full-contact martial arts competition in which all of the
2    participants competing against one another are
3    professionals or amateurs and where the public is able to
4    attend or a fee is charged.
5        "Permit" means the authorization from the Department
6    to a promoter to conduct professional or amateur contests,
7    or a combination of both.
8        "Promoter" means a person who is licensed and who
9    holds a permit to conduct professional or amateur
10    contests, or a combination of both.
11        Unless the context indicates otherwise, "person"
12    includes, but is not limited to, an individual,
13    association, organization, business entity, gymnasium, or
14    club.
15        "Judge" means a person licensed by the Department who
16    is located at ringside or adjacent to the fighting area
17    during a professional contest and who has the
18    responsibility of scoring the performance of the
19    participants in that professional or amateur contest.
20        "Referee" means a person licensed by the Department
21    who has the general supervision of and is present inside
22    of the ring or fighting area during a professional or
23    amateur contest.
24        "Amateur" means a person licensed registered by the
25    Department who is not competing for, and has never
26    received or competed for, any purse or other article of

 

 

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1    value, directly or indirectly, either for participating in
2    any contest or for the expenses of training therefor,
3    other than a non-monetary prize that does not exceed $50
4    in value.
5        "Professional" means a person licensed by the
6    Department who competes for a money prize, purse, or other
7    type of compensation in a professional contest held in
8    Illinois.
9        "Second" means a person licensed by the Department who
10    is present at any professional or amateur contest to
11    provide assistance or advice to a professional during the
12    contest.
13        "Matchmaker" means a person licensed by the Department
14    who brings together professionals or amateurs to compete
15    in contests.
16        "Manager" means a person licensed by the Department
17    who is not a promoter and who, under contract, agreement,
18    or other arrangement, undertakes to, directly or
19    indirectly, control or administer the affairs of
20    contestants professionals.
21        "Timekeeper" means a person licensed by the Department
22    who is the official timer of the length of rounds and the
23    intervals between the rounds.
24        "Purse" means the financial guarantee or any other
25    remuneration for which contestants are participating in a
26    professional contest.

 

 

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

 

 

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1    change of address and those changes must be made either
2    through the Department's website or by contacting the
3    Department.
4        "Bout" means one match between 2 contestants.
5        "Sanctioning body" means an organization approved by
6    the Department under the requirements and standards stated
7    in this Act and the rules adopted under this Act to act as
8    a governing body that sanctions professional or amateur
9    full-contact martial arts contests.
10        "Email address of record" means the designated email
11    address recorded by the Department in the applicant's
12    application file or the licensee's license file as
13    maintained by the Department's licensure maintenance unit.
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 105/1.4 new)
17    Sec. 1.4. Address of record; email address of record. All
18applicants and licensees 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 licensure or renewal of a license; and
23        (2) inform the Department of any change of address of
24    record or email address of record within 14 days after
25    such change either through the Department's website or by

 

 

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1    contacting the Department's licensure maintenance unit.
 
2    (225 ILCS 105/2)  (from Ch. 111, par. 5002)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 2. State of Illinois Athletic Board.
5    (a) The Secretary shall appoint members to the State of
6Illinois Athletic Board. The Board shall consist of 7 members
7who shall serve in an advisory capacity to the Secretary.
8There is created the State of Illinois Athletic Board
9consisting of 6 persons who shall be appointed by and shall
10serve in an advisory capacity to the Secretary, and the State
11Professional Boxing Board shall be disbanded. One member of
12the Board shall be a physician licensed to practice medicine
13in all of its branches. One member of the Board shall be a
14member of the full-contact martial arts community. One and one
15member of the Board shall be a member of either the
16full-contact martial arts community or the boxing community.
17The Secretary shall appoint each member to serve for a term of
183 years and until his or her successor is appointed and
19qualified. One member of the board shall be designated as the
20Chairperson and one member shall be designated as the
21Vice-chairperson. No member shall be appointed to the Board
22for a term which would cause continuous service to be more than
239 years. Each member of the board shall receive compensation
24for each day he or she is engaged in transacting the business
25of the board and, in addition, shall be reimbursed for his or

 

 

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1her authorized and approved expenses necessarily incurred in
2relation to such service in accordance with the travel
3regulations applicable to the Department at the time the
4expenses are incurred.
5    (b) Board members shall serve 5-year terms and until their
6successors are appointed and qualified.
7    (c) In appointing members to the Board, the Secretary
8shall give due consideration to recommendations by members and
9organizations of the martial arts and boxing industry.
10    (d) The membership of the Board should reasonably reflect
11representation from the geographic areas in this State.
12    (e) No member shall be appointed to the Board for a term
13that would cause his or her continuous service on the Board to
14be longer than 2 consecutive 5-year terms.
15    (f) The Secretary may terminate the appointment of any
16member for cause that in the opinion of the Secretary
17reasonably justified such termination, which may include, but
18is not limited to, a Board member who does not attend 2
19consecutive meetings.
20    (g) Appointments to fill vacancies shall be made in the
21same manner as original appointments, for the unexpired
22portion of the vacated term.
23    (h) Four members of the Board shall constitute a quorum. A
24quorum is required for Board decisions.
25    (i) Members of the Board shall have no liability in any
26action based upon activity performed in good faith as members

 

 

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1of the Board.
2    (j) Members of the Board may be reimbursed for all
3legitimate, necessary, and authorized expenses.
4    Four members shall constitute a quorum.
5    The members of the Board shall be immune from suit in any
6action based upon any disciplinary proceedings or other acts
7performed in good faith as members of the Board.
8    The Secretary may remove any member of the Board for
9misconduct, incapacity, or neglect of duty. The Secretary
10shall reduce to writing any causes for removal.
11(Source: P.A. 97-119, eff. 7-14-11.)
 
12    (225 ILCS 105/2.5 new)
13    Sec. 2.5. Powers and duties of the Board.
14    (a) Subject to the provisions of this Act, the Board shall
15exercise the following functions, powers, and duties:
16        (1) The Board shall hold at least one meeting each
17    year.
18        (2) The Board shall elect a chairperson and a vice
19    chairperson.
20    (b) The Department may, at any time, seek the expert
21advice and knowledge of the Board on any matter relating to the
22enforcement of this Act.
 
23    (225 ILCS 105/5)  (from Ch. 111, par. 5005)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 5. Powers and duties of the Department. The
2Department shall, subject to the provisions of this Act,
3exercise the following functions, powers, and duties:
4        (1) Ascertain the qualifications and fitness of
5    applicants for license and permits.
6        (2) Adopt rules required for the administration of
7    this Act.
8        (3) Conduct hearings on proceedings to refuse to
9    issue, renew, or restore licenses and revoke, suspend,
10    place on probation, or reprimand those licensed under the
11    provisions of this Act.
12        (4) Issue licenses to those who meet the
13    qualifications of this Act and its rules.
14        (5) Conduct investigations related to possible
15    violations of this Act.
16The Department shall exercise, but subject to the provisions
17of this Act, the following functions, powers, and duties: (a)
18to ascertain the qualifications and fitness of applicants for
19licenses and permits; (b) to prescribe rules and regulations
20for the administration of the Act; (c) to conduct hearings on
21proceedings to refuse to issue, refuse to renew, revoke,
22suspend, or subject to reprimand licenses or permits under
23this Act; and (d) to revoke, suspend, or refuse issuance or
24renewal of such licenses or permits.
25(Source: P.A. 92-499, eff. 1-1-02.)
 

 

 

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1    (225 ILCS 105/6)  (from Ch. 111, par. 5006)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 6. Restricted contests and events.
4    (a) All professional and amateur contests, or a
5combination of both, in which physical contact is made are
6prohibited in Illinois unless authorized by the Department
7pursuant to the requirements and standards stated in this Act
8and the rules adopted pursuant to this Act. This subsection
9(a) does not apply to any of the following:
10        (1) Amateur boxing or full-contact martial arts
11    contests conducted by accredited secondary schools,
12    colleges, or universities, although a fee may be charged.
13        (2) Amateur boxing contests that are sanctioned by USA
14    Boxing or any other sanctioning organization approved by
15    the Department as determined by rule Association of Boxing
16    Commissions.
17        (3) Amateur boxing or full-contact martial arts
18    contests conducted by a State, county, or municipal
19    entity, including those events held by any agency
20    organized under these entities.
21        (4) Amateur martial arts contests that are not defined
22    as full-contact martial arts contests under this Act,
23    including, but not limited to, Karate, Kung Fu, Judo,
24    Jujutsu, Tae Kwon Do, and Kyuki-Do.
25        (5) Full-contact martial arts contests, as defined by
26    this Act, that are recognized by the International Olympic

 

 

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1    Committee or are contested in the Olympic Games and are
2    not conducted in an enclosed fighting area or ring.
3    No other amateur boxing or full-contact martial arts
4contests shall be permitted unless authorized by the
5Department.
6    (b) The Department shall have the authority to determine
7whether a professional or amateur contest is exempt for
8purposes of this Section.
9(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
1097-1123, eff. 8-27-12.)
 
11    (225 ILCS 105/7)  (from Ch. 111, par. 5007)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 7. Authorization to conduct contests; sanctioning
14bodies.
15    (a) In order to conduct a professional contest or,
16beginning 6 months after the adoption of rules pertaining to
17an amateur contest, an amateur contest, or a combination of
18both, in this State, a promoter shall obtain a permit issued by
19the Department in accordance with this Act and the rules and
20regulations adopted pursuant thereto. This permit shall
21authorize one or more professional or amateur contests, or a
22combination of both.
23    (b) Before January 1, 2023, amateur Amateur full-contact
24martial arts contests must be registered and sanctioned by a
25sanctioning body approved by the Department for that purpose

 

 

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

 

 

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1        (3) the time and exact location of the professional or
2    amateur contest, or a combination of both. It is the
3    responsibility of the promoter to ensure that the building
4    to be used for the event complies with all laws,
5    ordinances, and regulations in the city, town, village, or
6    county where the contest is to be held;
7        (4) the signed and executed copy of the event venue
8    lease agreement; and proof of adequate security measures,
9    as determined by Department rule, to ensure the protection
10    of the safety of contestants and the general public while
11    attending professional or amateur contests, or a
12    combination of both;
13        (5) proof of adequate medical supervision, as
14    determined by Department rule, to ensure the protection of
15    the health and safety of professionals' or amateurs' while
16    participating in the contest;
17        (5) (6) the initial list of names of the professionals
18    or amateurs competing subject to Department approval. ;
19        (7) proof of insurance for not less than $50,000 as
20    further defined by rule for each professional or amateur
21    participating in a professional or amateur contest, or a
22    combination of both; insurance required under this
23    paragraph (7) shall cover (i) hospital, medication,
24    physician, and other such expenses as would accrue in the
25    treatment of an injury as a result of the professional or
26    amateur contest; (ii) payment to the estate of the

 

 

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1    professional or amateur in the event of his or her death as
2    a result of his or her participation in the professional
3    or amateur contest; and (iii) accidental death and
4    dismemberment; the terms of the insurance coverage must
5    not require the contestant to pay a deductible. The
6    promoter may not carry an insurance policy with a
7    deductible in an amount greater than $500 for the medical,
8    surgical, or hospital care for injuries a contestant
9    sustains while engaged in a contest, and if a licensed or
10    registered contestant pays for the medical, surgical, or
11    hospital care, the insurance proceeds must be paid to the
12    contestant or his or her beneficiaries as reimbursement
13    for such payment;
14        (8) the amount of the purses to be paid to the
15    professionals for the event; the Department shall adopt
16    rules for payment of the purses;
17        (9) organizational or internationally accepted rules,
18    per discipline, for professional or amateur full-contact
19    martial arts contests where the Department does not
20    provide the rules;
21        (10) proof of contract indicating the requisite
22    registration and sanctioning by a Department approved
23    sanctioning body for any full-contact martial arts contest
24    with scheduled amateur bouts; and
25        (11) any other information that the Department may
26    require to determine whether a permit shall be issued.

 

 

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

 

 

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

 

 

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1        (5) the amount of the purses to be paid to the
2    professionals for the event as determined by rule;
3        (6) organizational or internationally accepted rules,
4    per discipline, for professional or amateur full-contact
5    martial arts contests if the Department does not provide
6    the rules for Department approval; and
7        (7) any other information the Department may require,
8    as determined by rule, to issue a permit.
9    (e) If the accuracy, relevance, or sufficiency of any
10submitted documentation is questioned by the Department
11because of lack of information, discrepancies, or conflicts in
12information given or a need for clarification, the promoter
13seeking a permit may be required to provide additional
14information.
15(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
 
16    (225 ILCS 105/10)  (from Ch. 111, par. 5010)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 10. Who must be licensed.
19    (a) In order to participate in professional contests the
20following persons must each be licensed and in good standing
21with the Department: (a) professionals and amateurs, (b)
22seconds, (c) referees, (d) judges, (e) managers, (f)
23matchmakers, and (g) timekeepers.
24    (b) In order to participate in professional or amateur
25contests or a combination of both, promoters must be licensed

 

 

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

 

 

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

 

 

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1    manager, second, matchmaker, or timekeeper must: (1) be of
2    good moral character, (2) file an application stating the
3    applicant's name, date and place of birth, and place of
4    current residence along with a certifying statement that
5    he or she is not currently in violation of any federal,
6    State, or local laws or rules governing boxing, or
7    full-contact martial arts, (3) have had satisfactory
8    experience in his or her field as defined by rule, (4) pay
9    the required fee, and (5) meet any other requirements as
10    determined by rule.
11        (3) An applicant for licensure as a promoter must: (1)
12    be of good moral character, (2) file an application with
13    the Department stating the applicant's name, date and
14    place of birth, place of current residence along with a
15    certifying statement that he or she is not currently in
16    violation of any federal, State, or local laws or rules
17    governing boxing or full-contact martial arts, (3) pay the
18    required fee and meet any other requirements as
19    established by rule, and (4) in addition to the foregoing,
20    an applicant for licensure as a promoter of professional
21    or amateur contests or a combination of both professional
22    and amateur bouts in one contest shall also provide (i)
23    proof of a surety bond of no less than $5,000 to cover
24    financial obligations under this Act, payable to the
25    Department and conditioned for the payment of the tax
26    imposed by this Act and compliance with this Act, and the

 

 

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1    rules adopted under this Act, and (ii) a financial
2    statement, prepared by a certified public accountant,
3    showing liquid working capital of $10,000 or more, or a
4    $10,000 performance bond guaranteeing payment of all
5    obligations relating to the promotional activities payable
6    to the Department and conditioned for the payment of the
7    tax imposed by this Act and its rules.
8        (4) All applicants shall submit an application to the
9    Department, in writing or electronically, on forms
10    prescribed provided by the Department, containing such
11    information as determined by rule.
12    In determining good moral character, the Department may
13take into consideration any violation of any of the provisions
14of Section 16 of this Act as to referees, judges, managers,
15matchmakers, timekeepers, or promoters and any felony
16conviction of the applicant, but such a conviction shall not
17operate as a bar to licensure. No license issued under this Act
18is transferable.
19    The Department may issue temporary licenses as provided by
20rule.
21(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
22    (225 ILCS 105/12)  (from Ch. 111, par. 5012)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 12. Professional or amateur contests.
25    (a) The professional or amateur contest, or a combination

 

 

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1of both, shall be held in an area where adequate neurosurgical
2facilities are immediately available for skilled emergency
3treatment of an injured professional or amateur.
4    (b) Each professional or amateur shall be examined before
5the contest and promptly after each bout by a physician. The
6physician shall determine, prior to the contest, if each
7professional or amateur is physically fit to compete in the
8contest. After the bout the physician shall examine the
9professional or amateur to determine possible injury. If the
10professional's or amateur's physical condition so indicates,
11the physician shall recommend to the Department immediate
12medical suspension. The physician or a licensed paramedic must
13check the vital signs of all contestants as established by
14rule.
15    (c) The physician may, at any time during the professional
16or amateur bout, stop the professional or amateur bout to
17examine a professional or amateur contestant and may direct
18the referee to terminate the bout when, in the physician's
19opinion, continuing the bout could result in serious injury to
20the professional or amateur. If the professional's or
21amateur's physical condition so indicates, the physician shall
22recommend to the Department immediate medical suspension. The
23physician shall certify to the condition of the professional
24or amateur in writing, over his or her signature on forms
25prescribed provided by the Department. Such reports shall be
26submitted to the Department in a timely manner.

 

 

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

 

 

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

 

 

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

 

 

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1to the Professions Indirect Cost Fund, as authorized under
2Section 2105-300 of the Department of Professional Regulation
3Law.
4    In addition to the payment of any other taxes and money due
5under this Section, every promoter of a professional or a
6combination of a professional and amateur contest shall pay to
7the Department 3% of the first $500,000 and 4% thereafter,
8which shall not exceed $50,000 $35,000 in total from the total
9gross receipts from the sale, lease, or other exploitation of
10broadcasting, including, but not limited to, Internet, cable,
11television, and motion picture rights for that professional
12contest, amateur contest, or professional and amateur
13combination of both, contest or exhibition without any
14deductions for commissions, brokerage fees, distribution fees,
15advertising, professional contestants' purses, or any other
16expenses or charges. These fees shall be paid to the
17Department within 7 business days 72 hours after the
18conclusion of the broadcast of the contest and placed in the
19General Professions Dedicated Athletics Supervision and
20Regulation Fund.
21(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
 
22    (225 ILCS 105/15)  (from Ch. 111, par. 5015)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 15. Inspectors. The Secretary may appoint inspectors
25to assist the Department staff in the administration of the

 

 

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

 

 

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1        (2) participating in or permitting a sham or fake
2    professional or amateur contest, or a combination of both;
3        (3) holding the professional or amateur contest, or a
4    combination of both, at any other time or place than is
5    stated on the permit application;
6        (4) permitting any professional or amateur other than
7    those stated on the permit application to participate in a
8    professional or amateur contest, or a combination of both,
9    except as provided in Section 9;
10        (5) violation or aiding in the violation of any of the
11    provisions of this Act or any rules or regulations
12    promulgated thereto;
13        (6) violation of any federal, State or local laws of
14    the United States or other jurisdiction governing
15    professional or amateur contests or any regulation
16    promulgated pursuant thereto;
17        (7) charging a greater rate or rates of admission than
18    is specified on the permit application;
19        (8) failure to obtain all the necessary permits,
20    registrations, or licenses as required under this Act;
21        (9) failure to file the necessary bond or to pay the
22    gross receipts or broadcast tax as required by this Act;
23        (10) engaging in dishonorable, unethical or
24    unprofessional conduct of a character likely to deceive,
25    defraud or harm the public, or which is detrimental to
26    honestly conducted contests;

 

 

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

 

 

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1    Revenue, until such time as the requirements of any such
2    tax Act are satisfied;
3        (20) (blank);
4        (21) habitual or excessive use or addiction to
5    alcohol, narcotics, stimulants, or any other chemical
6    agent or drug that results in an inability to participate
7    in an event;
8        (22) failure to stop a professional or amateur
9    contest, or a combination of both, when requested to do so
10    by the Department;
11        (23) failure of a promoter to adequately supervise and
12    enforce this Act and its rules as applicable to amateur
13    contests, as set forth in rule; or
14        (24) a finding by the Department that the licensee,
15    after having his or her license placed on probationary
16    status, has violated the terms of probation.
17    (b) The determination by a circuit court that a licensee
18is subject to involuntary admission or judicial admission as
19provided in the Mental Health and Developmental Disabilities
20Code operates as an automatic suspension. The suspension will
21end only upon a finding by a court that the licensee is no
22longer subject to involuntary admission or judicial admission,
23issuance of an order so finding and discharging the licensee.
24    (c) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any individual
26licensed to practice under this Act, or who has applied for

 

 

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1licensure pursuant to this Act, to submit to a mental or
2physical examination, or both, as required by and at the
3expense of the Department. The examining physicians or
4clinical psychologists shall be those specifically designated
5by the Department. The Department may order the examining
6physician or clinical psychologist to present testimony
7concerning this mental or physical examination of the licensee
8or applicant. No information shall be excluded by reason of
9any common law or statutory privilege relating to
10communications between the licensee or applicant and the
11examining physician or clinical psychologist. Eye examinations
12may be provided by a physician licensed to practice medicine
13in all of its branches or a licensed and certified therapeutic
14optometrist. The individual to be examined may have, at his or
15her own expense, another physician of his or her choice
16present during all aspects of the examination. Failure of any
17individual to submit to a mental or physical examination, when
18directed, shall be grounds for suspension or revocation of a
19license.
20    (d) A contestant who tests positive for a banned
21substance, as defined by rule, shall have his or her license
22immediately suspended. The license shall be subject to other
23discipline as authorized in this Section.
24(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 
25    (225 ILCS 105/17)  (from Ch. 111, par. 5017)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 17. Administrative Procedure Act. The Illinois
3Administrative Procedure Act is hereby expressly adopted and
4incorporated herein as if all of the provisions of that Act
5were included in this Act. The Department shall not be
6required to annually verify email addresses as specified in
7paragraph (2) subsection (a) of Section 10-75 of the Illinois
8Administrative Procedure Act. For the purposes of this Act the
9notice required under Section 10-25 of the Illinois
10Administrative Procedure Act is deemed sufficient when mailed
11to the last known address of record or emailed to the email
12address of record a party.
13(Source: P.A. 88-45.)
 
14    (225 ILCS 105/17.7)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 17.7. Restoration of license from discipline.
17    (a) At any time after the successful completion of a term
18of indefinite probation, suspension, or revocation of a
19license under this Act, the Department may restore the license
20to the licensee unless, after an investigation and a hearing,
21the Secretary determines that restoration is not in the public
22interest.
23    (b) If circumstances of suspension or revocation so
24indicate, the Department may require an examination of the
25licensee prior to restoring his or her license.

 

 

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

 

 

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1(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
 
2    (225 ILCS 105/17.9)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 17.9. Summary suspension of a license or
5registration. The Secretary may summarily suspend a license or
6registration without a hearing if the Secretary finds that
7evidence in the Secretary's possession indicates that the
8continuation of practice would constitute an imminent danger
9to the public, participants, including any professional
10contest officials, or the individual involved or cause harm to
11the profession. If the Secretary summarily suspends the
12license without a hearing, a hearing must be commenced within
1330 days after the suspension has occurred and concluded as
14expeditiously as practical.
15(Source: P.A. 97-119, eff. 7-14-11.)
 
16    (225 ILCS 105/18)  (from Ch. 111, par. 5018)
17    (Section scheduled to be repealed on January 1, 2022)
18    Sec. 18. Investigations; notice and hearing.
19    (a) The Department may investigate the actions of any
20applicant or of any person or entity holding or claiming to
21hold a license under this Act.
22    (b) The Department shall, before disciplining an applicant
23or licensee, at least 30 days prior to the date set for the
24hearing: (i) notify, in writing, the accused of the charges

 

 

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1made and the time and place for the hearing on the charges;
2(ii) direct him or her to file a written answer to the charges,
3under oath, within 20 days after service of the notice; and
4(iii) inform the applicant or licensee that failure to file an
5answer will result in a default being entered against the
6applicant or licensee.
7    (c) Written or electronic notice, and any notice in the
8subsequent proceedings, may be served by personal delivery, by
9email, or by mail to the applicant or licensee at his or her
10address of record or email address of record.
11    (d) At the time and place fixed in the notice, the hearing
12officer appointed by the Secretary shall proceed to hear the
13charges, and the parties or their counsel shall be accorded
14ample opportunity to present any statement, testimony,
15evidence, and argument as may be pertinent to the charges or to
16their defense. The hearing officer may continue the hearing
17from time to time.
18    (e) If the licensee or applicant, after receiving the
19notice, fails to file an answer, his or her license may, in the
20discretion of the Secretary, be suspended, revoked, or placed
21on probationary status or be subject to whatever disciplinary
22action the Secretary considers proper, including limiting the
23scope, nature, or extent of the person's practice or
24imposition of a fine, without hearing, if the act or acts
25charged constitute sufficient grounds for the action under
26this Act.

 

 

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1The Department may investigate the actions of any applicant or
2of any person or persons promoting or participating in a
3professional or amateur contest or any person holding or
4claiming to hold a license. The Department shall, before
5revoking, suspending, placing on probation, reprimanding, or
6taking any other disciplinary action under this Act, at least
730 days before the date set for the hearing, (i) notify the
8accused in writing of the charges made and the time and place
9for the hearing on the charges, (ii) direct him or her to file
10a written answer to the charges with the Department under oath
11within 20 days after the service on him or her of the notice,
12and (iii) inform the accused that, if he or she fails to
13answer, default will be taken against him or her or that his or
14her license may be suspended, revoked, or placed on
15probationary status or that other disciplinary action may be
16taken with regard to the license, including limiting the
17scope, nature, or extent of his or her practice, as the
18Department may consider proper. At the time and place fixed in
19the notice, the hearing officer shall proceed to hear the
20charges, and the parties or their counsel shall be accorded
21ample opportunity to present any pertinent statements,
22testimony, evidence, and arguments. The hearing officer may
23continue the hearing from time to time. In case the person,
24after receiving the notice, fails to file an answer, his or her
25license may, in the discretion of the Department, be
26suspended, revoked, or placed on probationary status or the

 

 

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

 

 

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

 

 

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

 

 

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1brought for a violation of this Act.
2(Source: P.A. 97-119, eff. 7-14-11.)
 
3    (225 ILCS 105/19.1)  (from Ch. 111, par. 5019.1)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 19.1. Hearing officer Appointment of a hearing
6officer. Notwithstanding any provision of this Act, the
7Secretary has the authority to appoint an attorney duly
8licensed to practice law in the State of Illinois to serve as
9the hearing officer in any action for refusal to issue or renew
10a license or discipline a license. The hearing officer shall
11have full authority to conduct the hearing. The hearing
12officer shall report his or her findings of fact, conclusions
13of law, and recommendations to the Secretary The Secretary has
14the authority to appoint any attorney duly licensed to
15practice law in the State of Illinois to serve as the hearing
16officer in any action for refusal to issue, restore, or renew a
17license or discipline of a licensee. The hearing officer has
18full authority to conduct the hearing. The hearing officer
19shall report his or her findings of fact, conclusions of law,
20and recommendations to the Secretary. If the Secretary
21determines that the hearing officer's report is contrary to
22the manifest weight of the evidence, he may issue an order in
23contravention of the recommendation.
24(Source: P.A. 97-119, eff. 7-14-11.)
 

 

 

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1    (225 ILCS 105/19.5)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 19.5. Order or certified copy; prima facie proof. An
4order or certified copy thereof, over the seal of the
5Department and purporting to be signed by the Secretary, is
6prima facie proof that:
7        (1) the signature is the genuine signature of the
8    Secretary; and
9        (2) the Secretary is duly appointed and qualified;
10    and .
11        (3) the hearing officer is qualified to act.
12(Source: P.A. 97-119, eff. 7-14-11.)
 
13    (225 ILCS 105/20)  (from Ch. 111, par. 5020)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 20. Record of proceeding Stenographer; transcript.
16    (a) The Department, at its expense, shall provide a
17certified shorthand reporter to take down the testimony and
18preserve a record of all proceedings at the hearing of any case
19in which a licensee may be revoked, suspended, placed on
20probationary status, reprimanded, fined, or subjected to other
21disciplinary action with reference to the license when a
22disciplinary action is authorized under this Act and rules.
23The notice of hearing, complaint, and all other documents in
24the nature of pleadings and written portions filed in the
25proceedings, the transcript of the testimony, the report of

 

 

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1the hearing officer, and the orders of the Department shall be
2the record of the proceedings. The record may be made
3available to any person interested in the hearing upon payment
4of the fee required by Section 2105-115 of the Department of
5Professional Regulation Law of the Civil Administrative Code
6of Illinois.
7    (b) The Department may contract for court reporting
8services, and, if it does so, the Department shall provide the
9name and contact information for the certified shorthand
10reporter who transcribed the testimony at a hearing to any
11person interested, who may obtain a copy of the transcript of
12any proceedings at a hearing upon payment of the fee specified
13by the certified shorthand reporter.
14The Department, at its expense, shall provide a stenographer
15to take down the testimony and preserve a record of all
16proceedings at the hearing of any case wherein a license or
17permit is subjected to disciplinary action. The notice of
18hearing, complaint and all other documents in the nature of
19pleadings and written motions filed in the proceedings, the
20transcript of testimony, the report of the hearing officer and
21the orders of the Department shall be the record of the
22proceedings. The Department shall furnish a transcript of the
23record to any person interested in the hearing upon payment of
24the fee required under Section 2105-115 of the Department of
25Professional Regulation Law (20 ILCS 2105/2105-115).
26(Source: P.A. 97-119, eff. 7-14-11.)
 

 

 

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1    (225 ILCS 105/21)  (from Ch. 111, par. 5021)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 21. Injunctive action; cease and desist order.
4    (a) If a person violates the provisions of this Act, the
5Secretary Director, in the name of the People of the State of
6Illinois, through the Attorney General or the State's Attorney
7of the county in which the violation is alleged to have
8occurred, may petition for an order enjoining the violation or
9for an order enforcing compliance with this Act. Upon the
10filing of a verified petition, the court with appropriate
11jurisdiction may issue a temporary restraining order, without
12notice or bond, and may preliminarily and permanently enjoin
13the violation. If it is established that the person has
14violated or is violating the injunction, the court may punish
15the offender for contempt of court. Proceedings under this
16Section are in addition to, and not in lieu of, all other
17remedies and penalties provided by this Act.
18    (b) Whenever, in the opinion of the Department, a person
19violates any provision of this Act, the Department may issue a
20rule to show cause why an order to cease and desist should not
21be entered against that person. The rule shall clearly set
22forth the grounds relied upon by the Department and shall
23allow at least 7 days from the date of the rule to file an
24answer satisfactory to the Department. Failure to answer to
25the satisfaction of the Department shall cause an order to

 

 

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1cease and desist to be issued.
2(Source: P.A. 91-408, eff. 1-1-00.)
 
3    (225 ILCS 105/22)  (from Ch. 111, par. 5022)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 22. The expiration date and renewal period for each
6license issued under this Act shall be set by rule. The holder
7of a license may renew such license during the month preceding
8the expiration date thereof by paying the required fee and
9meeting additional requirements as determined by rule.
10(Source: P.A. 82-522.)
 
11    (225 ILCS 105/23)  (from Ch. 111, par. 5023)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 23. Fees.
14    (a) The fees for the administration and enforcement of
15this Act including, but not limited to, original licensure,
16renewal, and restoration shall be set by rule. The fees shall
17not be refundable. All Beginning July 1, 2003, all of the fees,
18taxes, and fines collected under this Act shall be deposited
19into the General Professions Dedicated Fund.
20    (b) Before January 1, 2023, there shall be no fees for
21amateur full-contact martial arts events; except that until
22January 1, 2023, the applicant fees for promoters of amateur
23events where only amateur bouts are held shall be $300.
24(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,

 

 

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1eff. 7-1-03.)
 
2    (225 ILCS 105/23.1)  (from Ch. 111, par. 5023.1)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 23.1. Returned checks; fines. Any person who delivers
5a check or other payment to the Department that is returned to
6the Department unpaid by the financial institution upon which
7it is drawn shall pay to the Department, in addition to the
8amount already owed to the Department, a fine of $50. The fines
9imposed by this Section are in addition to any other
10discipline provided under this Act for unlicensed practice or
11practice on a nonrenewed license. The Department shall notify
12the person that payment of fees and fines shall be paid to the
13Department by certified check or money order within 30
14calendar days of the notification. If, after the expiration of
1530 days from the date of the notification, the person has
16failed to submit the necessary remittance, the Department
17shall automatically terminate the license or deny the
18application, without hearing. If, after termination or denial,
19the person seeks a license, he or she shall apply to the
20Department for restoration or issuance of the license and pay
21all fees and fines due to the Department. The Department may
22establish a fee for the processing of an application for
23restoration of a license to pay all expenses of processing
24this application. The Secretary Director may waive the fines
25due under this Section in individual cases where the Secretary

 

 

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

 

 

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

 

 

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1registrant, or applicant shall be a public record, except as
2otherwise prohibited by law.
3(Source: P.A. 97-119, eff. 7-14-11.)
 
4    (225 ILCS 105/25.1)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 25.1. Medical Suspension.
7    (a) A licensee or registrant who is determined by the
8examining physician or Department to be unfit to compete or
9officiate shall be prohibited from participating in a contest
10in Illinois and, if actively licensed, shall be medically
11suspended immediately suspended until it is shown that he or
12she is fit for further competition or officiating. If the
13licensee or registrant disagrees with a medical suspension set
14at the discretion of the ringside physician, he or she may
15request a hearing to show proof of fitness. The hearing shall
16be provided at the earliest opportunity after the Department
17receives a written request from the licensee.
18    (b) If the referee has stopped the bout or rendered a
19decision of technical knockout against a professional or
20amateur or if the professional or amateur is knocked out other
21than by a blow to the head, the professional or amateur shall
22be medically immediately suspended immediately for a period of
23not less than 30 days.
24    (c) In a full-contact martial arts contest, if the
25professional or amateur has tapped out, or has submitted, or

 

 

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1the referee has stopped the bout, shall stop the professional
2or amateur contest and the ringside physician shall determine
3the length of suspension.
4    (d) If the professional or amateur has been knocked
5unconscious out by a blow to the head, he or she shall be
6medically suspended immediately for a period of not less than
745 days.
8    (e) A licensee may receive a medical suspension for any
9injury sustained as a result of a bout that shall not be less
10than 7 days.
11    (f) A licensee may receive additional terms and conditions
12for a medical suspension beyond a prescribed passage of time
13as authorized under this Section.
14    (g) If a licensee receives a medical suspension that
15includes terms and conditions in addition to the prescribed
16passage of time as authorized under this Section, before the
17removal of the medical suspension, a licensee shall:
18        (1) satisfactorily pass a medical examination;
19        (2) provide those examination results to the
20    Department;
21        (3) provide any additional requested documentation as
22    directed by the licensee's examining physician or
23    Department where applicable; and
24        (4) if the licensee's examining physician requires any
25    necessary additional medical procedures during the
26    examination related to the injury that resulted in the

 

 

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1    medical suspension, those results shall be provided to the
2    Department.
3    (h) Any medical suspension imposed as authorized under
4this Act against a licensee shall be reported to the
5Department's record keeper as determined by rule.
6    (i) A medical suspension as authorized under this Section
7shall not be considered a suspension under Section 16 of this
8Act. A violation of the terms of a medical suspension
9authorized under this Section shall subject a licensee to
10discipline under Section 16 of this Act.
11    (j) A professional or amateur contestant who has been
12placed on medical suspension under the laws of another state,
13the District of Columbia, or a territory of the United States
14for substantially similar reasons as this Section shall be
15prohibited from participating in a contest as authorized under
16this Act until the requirements of subsection (g) of this
17Section have been met or the medical suspension has been
18removed by that jurisdiction.
19    (k) A medical suspension authorized under this Section
20shall begin the day after the bout a licensee participated in.
21    Prior to reinstatement, any professional or amateur
22suspended for his or her medical protection shall
23satisfactorily pass a medical examination upon the direction
24of the Department. The examining physician may require any
25necessary medical procedures during the examination.
26(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
 

 

 

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1    (225 ILCS 105/0.10 rep.)
2    (225 ILCS 105/10.1 rep.)
3    (225 ILCS 105/10.5 rep.)
4    (225 ILCS 105/11.5 rep.)
5    (225 ILCS 105/17.11 rep.)
6    (225 ILCS 105/17.12 rep.)
7    (225 ILCS 105/19.4 rep.)
8    Section 30. The Boxing and Full-contact Martial Arts Act
9is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
1017.11, 17.12, and 19.4.
 
11    Section 35. The Registered Interior Designers Act is
12amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
1329, 30 and by adding Section 3.1 as follows:
 
14    (225 ILCS 310/3)  (from Ch. 111, par. 8203)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 3. Definitions. As used in this Act:
17    "Address of record" means the designated address recorded
18by the Department in the applicant's application file or the
19registrant's registration file as maintained by the
20Department's licensure maintenance unit.
21    "Board" means the Board of Registered Interior Design
22Professionals established under Section 6 of this Act.
23    "Department" means the Department of Financial and

 

 

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

 

 

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1    "Registered interior designer" means a person who has
2received registration under Section 8 of this Act. A person
3represents himself or herself to be a "registered interior
4designer" within the meaning of this Act if he or she holds
5himself or herself out to the public by any title
6incorporating the words "registered interior designer" or any
7title that includes the words "registered interior design".
8    "Secretary" means the Secretary of Financial and
9Professional Regulation.
10(Source: P.A. 100-920, eff. 8-17-18.)
 
11    (225 ILCS 310/3.1 new)
12    Sec. 3.1. Address of record; email address of record. All
13applicants and registrants shall:
14        (1) provide a valid address and email address to the
15    Department, which shall serve as the address of record and
16    email address of record, respectively, at the time of
17    application for registration or renewal of a registration;
18    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 310/4)  (from Ch. 111, par. 8204)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 4. Title; application of Act.
2    (a) No individual shall, without a valid registration as
3an interior designer issued by the Department, in any manner
4hold himself or herself out to the public as a registered
5interior designer or attach the title "registered interior
6designer" or any other name or designation which would in any
7way imply that he or she is able to use the title "registered
8interior designer" as defined in this Act.
9    (a-5) Nothing in this Act shall be construed as preventing
10or restricting the services offered or advertised by an
11interior designer who is registered under this Act.
12    (b) Nothing in this Act shall prevent the employment, by a
13registered interior designer association, partnership, or a
14corporation furnishing interior design services for
15remuneration, of persons not registered as interior designers
16to perform services in various capacities as needed, provided
17that the persons do not represent themselves as, or use the
18title of, "registered interior designer".
19    (c) Nothing in this Act shall be construed to limit the
20activities and use of the title "interior designer" on the
21part of a person not registered under this Act who is a
22graduate of an interior design program and a full-time
23employee of a duly chartered institution of higher education
24insofar as such person engages in public speaking, with or
25without remuneration, provided that such person does not
26represent himself or herself to be a registered interior

 

 

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1designer or use the title "registered interior designer".
2    (d) Nothing contained in this Act shall restrict any
3person not registered under this Act from carrying out any of
4the activities listed in the definition of "the profession of
5interior design" in Section 3 if such person does not
6represent himself or herself or his or her services in any
7manner prohibited by this Act.
8    (e) Nothing in this Act shall be construed as preventing
9or restricting the practice, services, or activities of any
10person licensed in this State under any other law from
11engaging in the profession or occupation for which he or she is
12licensed.
13    (f) Nothing in this Act shall be construed as preventing
14or restricting the practice, services, or activities of
15engineers licensed under the Professional Engineering Practice
16Act of 1989 or the Structural Engineering Practice Act of
171989; architects licensed pursuant to the Illinois
18Architectural Practice Act of 1989; any interior decorator or
19individual offering interior decorating services including,
20but not limited to, the selection of surface materials, window
21treatments, wall coverings, furniture, accessories, paint,
22floor coverings, and lighting fixtures; or builders, home
23furnishings salespersons, and similar purveyors of goods and
24services relating to homemaking.
25    (g) Nothing in this Act or any other Act shall prevent a
26licensed architect from practicing interior design services.

 

 

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1Nothing in this Act shall be construed as requiring the
2services of a registered interior designer for the interior
3designing of a single family residence.
4    (h) Nothing in this Act shall authorize registered
5interior designers to perform services, including life safety
6services that they are prohibited from performing, or any
7practice (i) that is restricted in the Illinois Architecture
8Practice Act of 1989, the Professional Engineering Practice
9Act of 1989, or the Structural Engineering Practice Act of
101989, or (ii) that they are not authorized to perform under the
11Environmental Barriers Act.
12    (i) Nothing in this Act shall authorize registered
13interior designers to advertise services that they are
14prohibited to perform, including architecture or engineering
15services, nor to use the title "architect" in any form.
16(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
17    (225 ILCS 310/4.5)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 4.5. Unregistered practice; violation; civil penalty.
20    (a) Any person who holds himself or herself out to be a
21registered interior designer without being registered under
22this Act shall, in addition to any other penalty provided by
23law, pay a civil penalty to the Department in an amount not to
24exceed $5,000 for each offense as determined by the
25Department. The civil penalty shall be assessed by the

 

 

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1Department after a hearing is held in accordance with the
2provisions set forth in this Act regarding the provision of a
3hearing for the discipline of a registrant licensee.
4    (b) The Department has the authority and power to
5investigate any illegal use of the title of registered
6interior designer.
7    (c) The civil penalty shall be paid within 60 days after
8the effective date of the order imposing the civil penalty.
9The order shall constitute a judgment and may be filed and
10execution had thereon in the same manner as any judgment from
11any court of record.
12(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 
13    (225 ILCS 310/6)  (from Ch. 111, par. 8206)
14    (Section scheduled to be repealed on January 1, 2022)
15    Sec. 6. Board of Registered Interior Design Professionals.
16The Secretary shall appoint a Board of Registered Interior
17Design Professionals consisting of 5 members who shall serve
18in an advisory capacity to the Secretary. All members of the
19Board shall be residents of Illinois. Four members shall (i)
20hold a valid registration as an interior designer in Illinois
21and have held the registration under this Act for the
22preceding 10 years; and (ii) not have been disciplined within
23the preceding 10 years under this Act. In addition to the 4
24registered interior designer members, there shall be one
25public member. The public member shall be a voting member and

 

 

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

 

 

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

 

 

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1    considered as full terms. A member may be reappointed for
2    a successive term, but no member shall serve more than 2
3    full terms.
4        (c) The membership of the Board should reasonably
5    reflect representation from the various geographic areas
6    of the State.
7        (d) In making appointments to the Board, the Director
8    shall give due consideration to recommendations by
9    national and state organizations of the interior design
10    profession and shall promptly give due notice to such
11    organizations of any vacancy in the membership of the
12    Board. The Director may terminate the appointment of any
13    member for any cause, which in the opinion of the
14    Director, reasonably justifies such termination.
15        (e) Three members shall constitute a quorum. A quorum
16    is required for all Board decisions.
17        (f) The members of the Board shall each receive as
18    compensation a reasonable sum as determined by the
19    Director for each day actually engaged in the duties of
20    the office, and all legitimate and necessary expenses
21    incurred in attending the meeting of the Board.
22        (g) Members of the Board shall be immune from suit in
23    any action based upon any disciplinary proceedings or
24    other activities performed in good faith as members of the
25    Board.
26(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
 

 

 

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1    (225 ILCS 310/7)  (from Ch. 111, par. 8207)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 7. Board recommendations. The Secretary Director
4shall consider the recommendations of the Board in
5establishing guidelines for professional conduct, for the
6conduct of formal disciplinary proceedings brought under this
7Act, and for establishing guidelines for qualifications of
8applicants. Notice of proposed rulemaking may shall be
9transmitted to the Board and the Department shall review the
10response of the Board and any recommendations made in their
11response. The Department, at any time, may seek the expert
12advice and knowledge of the Board on any matter relating to the
13administration or enforcement of this Act.
14(Source: P.A. 86-1404.)
 
15    (225 ILCS 310/11)  (from Ch. 111, par. 8211)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 11. Fees. The Department shall provide by rule for a
18schedule of fees for the administration and enforcement of
19this Act, including but not limited to original registration
20licensure, renewal, and restoration. The fees shall be
21nonrefundable.
22    All fees collected under this Act shall be deposited into
23the General Professions Dedicated Fund and shall be
24appropriated to the Department for the ordinary and contingent

 

 

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1expenses of the Department in the administration of this Act.
2(Source: P.A. 91-454, eff. 1-1-00.)
 
3    (225 ILCS 310/14)  (from Ch. 111, par. 8214)
4    (Section scheduled to be repealed on January 1, 2022)
5    Sec. 14. Investigations; Notice of hearing. Upon the
6motion of either the Department or the Board, or upon the
7verified complaint in writing of any person setting forth
8facts which, if proven, would constitute grounds for refusal,
9suspension, or revocation of registration under this Act, the
10Board shall investigate the actions of any person, hereinafter
11called the "registrant", who holds or represents that he holds
12a certificate of registration. All such motions or complaints
13shall be brought to the Board.
14    The Director shall, before suspending, revoking, placing
15on probationary status, or taking any other disciplinary
16action as the Director may deem proper with regard to any
17registration, at least 30 days prior to the date set for the
18hearing, notify the registrant in writing of any charges made
19and the time and place for a hearing on the charges before the
20Board. The Board shall also direct the registrant to file his
21written answer to the charges with the Board under oath within
2220 days after the service on him of such notice, and inform him
23that if he fails to file such answer, his certificate of
24registration may be suspended, revoked, placed on probationary
25status or other disciplinary action may be taken with regard

 

 

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1thereto, as the Director may deem proper.
2    The written notice and any notice in such proceeding may
3be served by delivery personally to the registrant, by email,
4or by registered or certified mail to the address specified by
5the registrant in his last notification to the Director.
6    The Department, at its expense, shall preserve a record of
7all proceedings at the formal hearing of any case involving
8the refusal to issue or renew a registration, or discipline of
9a registrant. The notice of hearing, complaint, and all other
10documents in the nature of pleadings and written motions filed
11in the proceedings, the transcript of testimony, the report of
12the Board, and the orders of the Department shall be the record
13of such proceedings.
14(Source: P.A. 86-1404.)
 
15    (225 ILCS 310/20)  (from Ch. 111, par. 8220)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 20. Restoration. At any time after suspension,
18revocation, placement on probationary status, or the taking of
19any other disciplinary action with regard to any registration,
20the Department may restore the certificate of registration, or
21take any other action to reinstate the registration to good
22standing, without further examination, upon the written
23recommendation of the Board.
24(Source: P.A. 86-1404.)
 

 

 

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1    (225 ILCS 310/23)  (from Ch. 111, par. 8223)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 23. Confidentiality. Confidential information;
4Disclosure. All information collected by the Department in the
5course of an examination or investigation of a registrant or
6applicant, including, but not limited to, any complaint
7against a registrant filed with the Department and information
8collected to investigate any such complaint, shall be
9maintained for the confidential use of the Department and may
10not be disclosed. The Department may not disclose the
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law
16enforcement agency may not be disclosed by the agency for any
17purpose to any other agency or person. A formal complaint
18filed by the Department against a registrant or applicant is a
19public record, except as otherwise prohibited by law. In
20hearings conducted under this Act, information presented into
21evidence that was acquired by an interior designer in serving
22any individual in a professional capacity, and necessary to
23professionally serve such individual, shall be deemed strictly
24confidential and shall only be made available either as part
25of the record of a hearing hereunder or otherwise:
26    (a) when the record is required, in its entirety, for

 

 

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1purposes of judicial review;
2    (b) upon the express written consent of the individual
3served, or in the case of his or her death or disability, the
4consent of his or her personal representative.
5(Source: P.A. 86-1404.)
 
6    (225 ILCS 310/29)  (from Ch. 111, par. 8229)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 29. Illinois Administrative Procedure Act. The
9Illinois Administrative Procedure Act is hereby expressly
10adopted and incorporated herein as if all of the provisions of
11that Act were included in this Act, except that the provision
12of subsection (d) of Section 10-65 of the Illinois
13Administrative Procedure Act that provides that at hearings
14the registrant has the right to show compliance with all
15lawful requirements for retention, continuation, or renewal of
16the registration is specifically excluded. For the purposes of
17this Act, the notice required under Section 10-25 of the
18Illinois Administrative Procedure Act is deemed sufficient
19when mailed or emailed to the last known address of a party.
20(Source: P.A. 91-357, eff. 7-29-99.)
 
21    (225 ILCS 310/30)  (from Ch. 111, par. 8230)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 30. Fund; appropriations; investments; audits
24Interior Design Administration and Investigation Fund. All of

 

 

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1the fees collected pursuant to this Act shall be deposited
2into the General Professions Dedicated Fund.
3    On January 1, 2000 the State Comptroller shall transfer
4the balance of the monies in the Interior Design
5Administration and Investigation Fund into the General
6Professions Dedicated Fund. Amounts appropriated for fiscal
7year 2000 out of the Interior Design Administration and
8Investigation Fund may be paid out of the General Professions
9Dedicated Fund.
10    The moneys monies deposited in the General Professions
11Dedicated Fund may be used for the expenses of the Department
12in the administration of this Act.
13    Moneys from the Fund may also be used for direct and
14allocable indirect costs related to the public purposes of the
15Department of Professional Regulation. Moneys in the Fund may
16be transferred to the Professions Indirect Cost Fund as
17authorized by Section 2105-300 of the Department of
18Professional Regulation Law (20 ILCS 2105/2105-300).
19    Upon the completion of any audit of the Department as
20prescribed by the Illinois State Auditing Act that includes an
21audit of the General Professions Dedicated Fund Interior
22Design Administration and Investigation Fund, the Department
23shall make the audit open to inspection by any interested
24person. The copy of the audit report required to be submitted
25to the Department by this Section is in addition to copies of
26audit reports required to be submitted to other State officers

 

 

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1and agencies by Section 3-14 of the Illinois State Auditing
2Act.
3(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
4eff. 6-28-01.)
 
5    Section 40. The Cemetery Oversight Act is amended by
6changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,
710-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
825-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
9and by adding Sections 5-16, 5-26, and 25-26 as follows:
 
10    (225 ILCS 411/5-15)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 5-15. Definitions. 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. It is the duty of the applicant or
16licensee to inform the Department of any change of address
17within 14 days either through the Department's website or by
18contacting the Department's licensure maintenance unit. The
19address of record for a cemetery authority shall be the
20permanent street address of the cemetery.
21    "Applicant" means a person applying for licensure under
22this Act as a cemetery authority, cemetery manager, or
23customer service employee. Any applicant or any person who
24holds himself or herself out as an applicant is considered a

 

 

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

 

 

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

 

 

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1    "Cemetery Oversight Database" means a database certified
2by the Department as effective in tracking the interment,
3entombment, or inurnment of human remains.
4    "Cemetery services" means those services customarily
5performed by cemetery personnel in connection with the
6interment, entombment, or inurnment of a dead human body.
7    "Certificate of organization" means the document received
8by a cemetery association from the Secretary of State that
9indicates that the cemetery association shall be deemed fully
10organized as a body corporate under the name adopted and in its
11corporate name may sue and be sued.
12    "Comptroller" means the Comptroller of the State of
13Illinois.
14    "Confidential information" means unique identifiers,
15including a person's Social Security number, home address,
16home phone number, personal phone number, personal email
17address, personal financial information, and any other
18information protected by law.
19    "Consumer" means an individual who purchases or who is
20considering purchasing cemetery, burial, or cremation products
21or services from a cemetery authority, whether for themselves
22or for another person.
23    "Customer service employee" means an individual who has
24direct contact with consumers to explain cemetery merchandise,
25services, and interment rights and to execute the sale of
26those items to consumers, whether at the cemetery or an

 

 

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1off-site location, irrespective of whether compensation is
2paid by the cemetery authority or a third party. This
3definition does not include a volunteer who receives no
4compensation, either directly or indirectly, for his or her
5work as a customer service employee.
6    "Department" means the Department of Financial and
7Professional Regulation.
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    "Employee" means an individual who works for a cemetery
13authority where the cemetery authority has the right to
14control what work is performed and the details of how the work
15is performed regardless of whether federal or State payroll
16taxes are withheld.
17    "Entombment right" means the right to place individual
18human remains or individual cremated human remains in a
19specific mausoleum crypt or lawn crypt selected by a consumer
20for use as a final resting place.
21    "Family burying ground" means a cemetery in which no lots,
22crypts, or niches are sold to the public and in which
23interments, inurnments, and entombments are restricted to the
24immediate family or a group of individuals related to each
25other by blood or marriage.
26    "Full exemption" means an exemption granted to a cemetery

 

 

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

 

 

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

 

 

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1state, county, city, village, incorporated town, township,
2multi-township, public cemetery district, or other municipal
3corporation, political subdivision, or instrumentality thereof
4authorized by law to own, operate, or manage a cemetery.
5    "Religious burying ground" means a cemetery in which no
6lots, crypts, or niches are sold and in which interments,
7inurnments, and entombments are restricted to a group of
8individuals all belonging to a religious order or granted
9burial rights by special consideration of the religious order.
10    "Religious cemetery" means a cemetery owned, operated,
11controlled, and managed by any recognized church, religious
12society, association, or denomination, or by any cemetery
13authority or any corporation administering, or through which
14is administered, the temporalities of any recognized church,
15religious society, association, or denomination.
16    "Secretary" means the Secretary of Financial and
17Professional Regulation or a person authorized by the
18Secretary to act in the Secretary's stead.
19    "Term burial" means a right of interment sold to a
20consumer in which the cemetery authority retains the right to
21disinter and relocate the remains, subject to the provisions
22of subsection (d) of Section 35-15 of this Act.
23    "Trustee" means any person authorized to hold funds under
24this Act.
25    "Unique personal identifier" means the parcel
26identification number in addition to the term of burial in

 

 

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1years; the numbered level or depth in the grave, plot, crypt,
2or niche; and the year of death for human remains interred,
3entombed, or inurned after the effective date of this Act. The
4unique personal identifier is assigned by the Cemetery
5Oversight Database.
6(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
7    (225 ILCS 411/5-16 new)
8    Sec. 5-16. Address of record; email address of record. All
9applicants and licensees shall:
10        (1) provide a valid address and email address to the
11    Department, which shall serve as the address of record and
12    email address of record, respectively, at the time of
13    application for licensure or renewal of a license; and
14        (2) inform the Department of any change of address of
15    record or email address of record within 14 days after
16    such change either through the Department's website or by
17    contacting the Department's licensure maintenance unit.
 
18    (225 ILCS 411/5-20)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 5-20. Exemptions.
21    (a) Full exemption. Except as provided in this subsection,
22this Act does not apply to (1) any cemetery authority
23operating as a family burying ground or religious burying
24ground, (2) any cemetery authority that has not engaged in an

 

 

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1interment, inurnment, or entombment of human remains within
2the last 10 years, or (3) any cemetery authority that is less
3than 3 acres. For purposes of determining the applicability of
4this subsection, the number of interments, inurnments, and
5entombments shall be aggregated for each calendar year. A
6cemetery authority claiming a full exemption shall apply for
7exempt status as provided for in Section 10-20 of this Act. A
8cemetery authority claiming a full exemption shall be subject
9to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
10authority that performs activities that would disqualify it
11from a full exemption is required to apply for licensure
12within one year following the date on which its activities
13would disqualify it for a full exemption. A cemetery authority
14that previously qualified for and maintained a full exemption
15that fails to timely apply for licensure shall be deemed to
16have engaged in unlicensed practice and shall be subject to
17discipline in accordance with Article 25 of this Act.
18    (b) Partial exemption. If a cemetery authority does not
19qualify for a full exemption and (1) engages in 25 or fewer
20interments, inurnments, or entombments of human remains for
21each of the preceding 2 calendar years, (2) operates as a
22public cemetery, or (3) operates as a religious cemetery, then
23the cemetery authority is partially exempt from this Act but
24shall be required to comply with Sections 10-23, 10-40, 10-55,
2510-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
26(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,

 

 

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120-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
2Cemetery authorities claiming a partial exemption shall apply
3for the partial exemption as provided in Section 10-20 of this
4Act. A cemetery authority that changes to a status that would
5disqualify it from a partial exemption is required to apply
6for licensure within one year following the date on which it
7changes its status. A cemetery authority that maintains a
8partial exemption that fails to timely apply for licensure
9shall be deemed to have engaged in unlicensed practice and
10shall be subject to discipline in accordance with Article 25
11of this Act.
12    (c) Nothing in this Act applies to the City of Chicago in
13its exercise of its powers under the O'Hare Modernization Act
14or limits the authority of the City of Chicago to acquire
15property or otherwise exercise its powers under the O'Hare
16Modernization Act, or requires the City of Chicago, or any
17person acting on behalf of the City of Chicago, to comply with
18the licensing, regulation, or investigation, or mediation
19requirements of this Act in exercising its powers under the
20O'Hare Modernization Act.
21    (d) A cemetery manager and customer service employee
22license may be in active status only during the period that
23such a licensee is employed by a cemetery authority that is
24licensed under this Act. In the event that a cemetery manager
25or customer service employee commences work for a cemetery
26granted an exemption under this Section, it shall be a duty of

 

 

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

 

 

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

 

 

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1investigations under this Section, the Department shall
2provide the cemetery authority with information sufficient to
3challenge the allegation. If the complainant consents, then
4the Department shall provide the cemetery authority with the
5identity of and contact information for the complainant so as
6to allow the cemetery authority and the complainant to resolve
7the complaint directly. Except as otherwise provided in this
8Act, any complaint received by the Department and any
9information collected to investigate the complaint shall be
10maintained by the Department for the confidential use of the
11Department and shall not be disclosed. The Department may not
12disclose the information to anyone other than law enforcement
13officials or other regulatory agencies or persons that have an
14appropriate regulatory interest, as determined by the
15Secretary, or to a party presenting a lawful subpoena to the
16Department. Information and documents disclosed to a federal,
17state, county, or local law enforcement agency shall not be
18disclosed by the agency for any purpose to any other agency or
19person. A formal complaint filed against a licensee by the
20Department or any order issued by the Department against a
21licensee or applicant shall be a public record, except as
22otherwise prohibited by law.
23(Source: P.A. 99-78, eff. 7-20-15.)
 
24    (225 ILCS 411/5-26 new)
25    Sec. 5-26. Confidentiality. All information collected by

 

 

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1the Department in the course of an examination or
2investigation of a licensee or applicant, including, but not
3limited to, any complaint against a licensee filed with the
4Department and information collected to investigate any such
5complaint, shall be maintained for the confidential use of the
6Department and shall not be disclosed. The Department may not
7disclose the information to anyone other than law enforcement
8officials, other regulatory agencies that have an appropriate
9regulatory interest as determined by the Secretary, or a party
10presenting a lawful subpoena to the Department. Information
11and documents disclosed to a federal, State, county, or local
12law enforcement agency shall not be disclosed by the agency
13for any purpose to any other agency or person. A formal
14complaint filed against a licensee by the Department or any
15order issued by the Department against a licensee or applicant
16shall be a public record, except as otherwise prohibited by
17law.
 
18    (225 ILCS 411/10-20)
19    (Section scheduled to be repealed on January 1, 2022)
20    Sec. 10-20. Application for original license or exemption.
21    (a) Applications for original licensure as a cemetery
22authority, cemetery manager, or customer service employee
23authorized by this Act, or application for exemption from
24licensure as a cemetery authority, shall be made to the
25Department in writing on forms or electronically as prescribed

 

 

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1by the Department, which shall include the applicant's Social
2Security number or FEIN number, or both, and shall be
3accompanied by the required fee that shall not be refundable.
4as set by Section 10-55 of this Act and further refined by
5rule. Applications for partial or full exemption from
6licensure as a cemetery authority shall be submitted to the
7Department within 6 months after the Department adopts rules
8under this Act. If the person fails to submit the application
9for partial or full exemption within this period, the person
10shall be subject to discipline in accordance with Article 25
11of this Act. The process for renewing a full or partial
12exemption shall be set by rule. If a cemetery authority seeks
13to practice at more than one location, it shall meet all
14licensure requirements at each location as required by this
15Act and by rule, including submission of an application and
16fee. All applications shall contain information that, in the
17judgment of the Department, will enable the Department to pass
18on the qualifications of the applicant for a license under
19this Act.
20    (b) (Blank).
21    (c) After initial licensure, if any person comes to obtain
22at least 51% of the ownership over the licensed cemetery
23authority, then the cemetery authority shall have to apply for
24a new license and receive licensure in the required time as set
25by rule. The current license remains in effect until the
26Department takes action on the application for a new license.

 

 

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1    (d) (Blank). All applications shall contain the
2information that, in the judgment of the Department, will
3enable the Department to pass on the qualifications of the
4applicant for an exemption from licensure or for a license to
5practice as a cemetery authority, cemetery manager, or
6customer service employee as set by rule.
7(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
8    (225 ILCS 411/10-21)
9    (Section scheduled to be repealed on January 1, 2022)
10    Sec. 10-21. Qualifications for licensure.
11    (a) A cemetery authority shall apply for licensure on
12forms prescribed by the Department and pay the required fee.
13An applicant is qualified for licensure as a cemetery
14authority if the applicant meets all of the following
15qualifications:
16        (1) The applicant has not committed any act or offense
17    in any jurisdiction that would constitute the basis for
18    discipline under this Act. When considering such license,
19    the Department shall take into consideration the
20    following:
21            (A) the applicant's record of compliance with the
22        Code of Professional Conduct and Ethics, and whether
23        the applicant has been found to have engaged in any
24        unethical or dishonest practices in the cemetery
25        business;

 

 

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1            (B) whether the applicant has been adjudicated,
2        civilly or criminally, to have committed fraud or to
3        have violated any law of any state involving unfair
4        trade or business practices, has been convicted of a
5        misdemeanor of which fraud is an essential element or
6        which involves any aspect of the cemetery business, or
7        has been convicted of any felony;
8            (C) whether the applicant has willfully violated
9        any provision of this Act or a predecessor law or any
10        regulations relating thereto;
11            (D) whether the applicant has been permanently or
12        temporarily suspended, enjoined, or barred by any
13        court of competent jurisdiction in any state from
14        engaging in or continuing any conduct or practice
15        involving any aspect of the cemetery or funeral
16        business; and
17            (E) whether the applicant has ever had any license
18        to practice any profession or occupation suspended,
19        denied, fined, or otherwise acted against or
20        disciplined by the applicable licensing authority.
21        If the applicant is a corporation, limited liability
22    company, partnership, or other entity permitted by law,
23    then the Department shall determine whether each
24    principal, owner, member, officer, and shareholder holding
25    25% or more of corporate stock has met the requirements of
26    this item (1) of subsection (a) of this Section.

 

 

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

 

 

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

 

 

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1        (7) Has not, within the preceding 10 years, been
2    convicted of or entered a plea of guilty or nolo
3    contendere to (i) a Class X felony or (ii) a felony, an
4    essential element of which was fraud or dishonesty under
5    the laws of this State, another state, the United States,
6    or a foreign jurisdiction that is directly related to the
7    practice of cemetery operations.
8        (8) (Blank).
9        (9) In the case of a person applying for renewal of his
10    or her license, has complied with all other requirements
11    of this Act and the rules adopted for implementation of
12    this Act.
13    (c) Each applicant for a cemetery authority, cemetery
14manager, or customer service employee license shall authorize
15the Department to conduct a criminal background check that
16does not involve fingerprinting. The Department must, in turn,
17conduct the criminal background check on each applicant. The
18Department shall adopt rules to implement this subsection (c),
19but in no event shall the Department impose a fee upon the
20applicant for the background check.
21(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
22    (225 ILCS 411/10-25)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 10-25. Certification.
25    (a) The Department shall authorize certification programs

 

 

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1for cemetery manager and customer service employee applicants.
2The certification programs must consist of education and
3training in cemetery ethics, cemetery law, and cemetery
4practices. Cemetery ethics shall include, without limitation,
5the Code of Professional Conduct and Ethics as set forth in
6Section 10-23 of this Act. Cemetery law shall include, without
7limitation, the Cemetery Oversight Act, the Cemetery Care Act,
8the Disposition of Remains Act, and the Cemetery Protection
9Act. Cemetery practices shall include, without limitation,
10treating the dead and their family members with dignity and
11respect. The certification program shall include an
12examination administered by the entity providing the
13certification.
14    (a-5) An entity seeking to offer a certification program
15to cemetery manager applicants and customer service employee
16applicants must receive approval of its program from the
17Department in a manner and form prescribed by the Department
18by rule. As part of this process, the entity must submit to the
19Department the examination it offers or intends to offer as
20part of its certification program.
21    (a-10) A cemetery manager applicant or customer service
22employee applicant may choose any entity that has been
23approved by the Department from which to obtain certification.
24    (b) Cemetery manager applicants and customer service
25employee applicants shall pay the fee for the certification
26program directly to the entity offering the program.

 

 

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

 

 

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1information as may be required by the Department, including,
2but not limited to, evidence to the Department's satisfaction
3that the program is in compliance with this Act and the rules
4adopted under this Act.
5(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
6    (225 ILCS 411/10-40)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 10-40. Renewal, reinstatement, or restoration of
9license Expiration and renewal of license.
10    (a) 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.
14    (b) A licensee under this Act who has permitted his or her
15license to expire or has had his or her license placed on
16inactive status may have his or her license restored by making
17application to the Department and filing proof acceptable to
18the Department of his or her fitness of having his or her
19license restored, including, but not limited to, sworn
20evidence certifying to active practice in another jurisdiction
21satisfactory to the Department, and by paying the required fee
22as determined by rule. Every cemetery authority, cemetery
23manager, and customer service employee license shall expire
24every 2 years. Every registration as a fully exempt cemetery
25authority or partially exempt cemetery authority shall expire

 

 

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1every 4 years. The expiration date, renewal period, and other
2requirements for each license and registration shall be
3further refined by rule.
4(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 
5    (225 ILCS 411/10-55)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 10-55. Fees.
8    (a) Except as provided in this Section, the fees for the
9administration and enforcement of this Act shall be set by the
10Department by rule. The fees shall be reasonable and shall not
11be refundable.
12    (b) Cemetery manager applicants and customer service
13employee applicants shall pay any certification program or
14continuing education program fee directly to the entity
15offering the program.
16    (c) The Department may waive fees based upon hardship.
17    (d) Nothing shall prohibit a cemetery authority from
18paying, on behalf of its cemetery managers or customer service
19employees, their application, renewal, or restoration fees.
20    (e) All fees and other moneys collected under this Act
21shall be deposited in the Cemetery Oversight Licensing and
22Disciplinary Fund.
23    (f) The fee for application as a cemetery authority
24seeking a full exemption is $0.
25    (g) The fee to renew registration as a fully exempt

 

 

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1cemetery authority is $0. As provided in Section 10-40 of this
2Act and as further refined by rule, each registration as a
3fully exempt cemetery authority shall expire every 4 years.
4    (h) The fee for application as a cemetery authority
5seeking a partial exemption is $150.
6    (i) The fee to renew registration as a partially exempt
7cemetery authority is $150. As provided in Section 10-40 of
8this Act and as further refined by rule, each registration as a
9partially exempt cemetery authority shall expire every 4
10years.
11    (j) The fee for original licensure, renewal, and
12restoration as a cemetery authority not seeking a full or
13partial exemption is $75. As provided in Section 10-40 of this
14Act and as further refined by rule, each cemetery authority
15license shall expire every 2 years.
16    (k) The fee for original licensure, renewal, and
17restoration as a cemetery manager is $25. As provided in
18Section 10-40 of this Act and as further refined by rule, each
19cemetery manager license shall expire every 2 years.
20    (l) The fee for original licensure, renewal, and
21restoration as a customer service employee is $25. As provided
22in Section 10-40 of this Act and as further refined by rule,
23each customer service employee license shall expire every 2
24years.
25(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
 

 

 

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

 

 

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

 

 

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1        shall be set by rule and shall be calculated on an
2        hourly basis; and
3            (6) if all attempts to resolve the consumer
4        complaint as provided for in paragraphs (1) through
5        (5) fail, then the cemetery authority may be subject
6        to proceedings for penalties and discipline under this
7        Article when it is determined by the Department that
8        the cemetery authority may have engaged in any of the
9        following: (i) gross malpractice; (ii) dishonorable,
10        unethical, or unprofessional conduct of a character
11        likely to deceive, defraud, or harm the public; (iii)
12        gross, willful, or continued overcharging for
13        services; (iv) incompetence; (v) unjustified failure
14        to honor its contracts; or (vi) failure to adequately
15        maintain its premises. The Department may issue a
16        citation or institute disciplinary action and cause
17        the matter to be prosecuted and may thereafter issue
18        and enforce its final order as provided in this Act.
19(Source: P.A. 96-863, eff. 3-1-10.)
 
20    (225 ILCS 411/25-5)
21    (Section scheduled to be repealed on January 1, 2022)
22    Sec. 25-5. Citations.
23    (a) The Department may adopt rules to permit the issuance
24of citations for non-frivolous complaints. The citation shall
25be issued to the licensee and shall contain the licensee's

 

 

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1name and address, the licensee's license number, a brief
2factual statement, the Sections of the law allegedly violated,
3and the penalty imposed. The citation must clearly state that
4the licensee may choose, in lieu of accepting the citation, to
5request a hearing. If the licensee does not dispute the matter
6in the citation with the Department within 30 days after the
7citation is served, then the citation shall become a final
8order and shall constitute discipline. The penalty shall be a
9fine or other conditions as established by rule.
10    (b) The Department shall adopt rules designating
11violations for which a citation may be issued. Such rules
12shall designate as citation violations those violations for
13which there is no substantial threat to the public health,
14safety, and welfare. Citations shall not be utilized if there
15was any significant consumer harm resulting from the
16violation.
17    (c) A citation must be issued within 6 months after the
18reporting of a violation that is the basis for the citation.
19    (d) Service of a citation may be made by personal service,
20regular mail, or email or certified mail to the licensee at the
21licensee's address of record.
22(Source: P.A. 96-863, eff. 3-1-10.)
 
23    (225 ILCS 411/25-10)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 25-10. Grounds for disciplinary action.

 

 

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

 

 

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

 

 

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

 

 

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1        (18) Practicing under a false or, except as provided
2    by law, an assumed name.
3        (19) Using or attempting to use an expired, inactive,
4    suspended, or revoked license or impersonating another
5    licensee. Fraud or misrepresentation in applying for, or
6    procuring, a license under this Act or in connection with
7    applying for renewal of a license under this Act.
8        (20) A finding by the Department that an applicant or
9    licensee has failed to pay a fine imposed by the
10    Department. Cheating on or attempting to subvert the
11    licensing examination administered under this Act.
12        (21) Unjustified failure to honor its contracts.
13        (22) Negligent supervision of a cemetery manager,
14    customer service employee, employee, or independent
15    contractor.
16        (23) (Blank). A pattern of practice or other behavior
17    which demonstrates incapacity or incompetence to practice
18    under this Act.
19        (24) (Blank). Allowing an individual who is not, but
20    is required to be, licensed under this Act to perform work
21    for the cemetery authority.
22        (25) (Blank).
23    (b) No action may be taken under this Act against a person
24licensed under this Act for an occurrence or alleged
25occurrence that predates the enactment of this Act unless the
26action is commenced within 5 years after the occurrence of the

 

 

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1alleged violations, except for a violation of item (3) of
2subsection (a) of this Section. If a person licensed under
3this Act violates item (3) of subsection (a) of this Section,
4then the action may commence within 10 years after the
5occurrence of the alleged violation. A continuing violation
6shall be deemed to have occurred on the date when the
7circumstances last existed that give rise to the alleged
8violation.
9    (c) In enforcing this Section, the Department, upon a
10showing of a possible violation, may order a licensee or
11applicant to submit to a mental or physical examination, or
12both, at the expense of the Department. The Department may
13order the examining physician to present testimony concerning
14his or her examination of the licensee or applicant. No
15information shall be excluded by reason of any common law or
16statutory privilege relating to communications between the
17licensee or applicant and the examining physician. The
18examining physicians shall be specifically designated by the
19Department. The licensee or applicant may have, at his or her
20own expense, another physician of his or her choice present
21during all aspects of the examination. Failure of a licensee
22or applicant to submit to any such examination when directed,
23without reasonable cause, shall be grounds for either
24immediate suspending of his or her license or immediate denial
25of his or her application.
26        (1) If the Secretary immediately suspends the license

 

 

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

 

 

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1patient, and the filing of a petition for restoration
2demonstrating fitness to practice.
3    (e) In cases where the Department of Healthcare and Family
4Services has previously determined that a licensee or a
5potential licensee is more than 30 days delinquent in the
6payment of child support and has subsequently certified the
7delinquency to the Department, the Department shall refuse to
8issue or renew or shall revoke or suspend that person's
9license or shall take other disciplinary action against that
10person based solely upon the certification of delinquency made
11by the Department of Healthcare and Family Services under
12paragraph (5) of subsection (a) of Section 2105-15 of the
13Department of Professional Regulation Law of the Civil
14Administrative Code of Illinois.
15    (f) The Department shall refuse to issue or renew or shall
16revoke or suspend a person's license or shall take other
17disciplinary action against that person for his or her failure
18to file a return, to pay the tax, penalty, or interest shown in
19a filed return, or to pay any final assessment of tax, penalty,
20or interest as required by any tax Act administered by the
21Department of Revenue, until the requirements of the tax Act
22are satisfied in accordance with subsection (g) of Section
232105-15 of the Departm