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HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Interpreter for the Deaf Licensure Act of 2007. |
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| Section 5. Purpose. The practice of interpreting for the |
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| deaf in the State of Illinois is hereby declared to affect the |
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| public health, safety, and welfare and to be subject to |
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| regulation in the public interest. It is further declared to be |
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| a matter of public interest and concern that the practice of |
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| interpreting for the deaf merit and receive the confidence of |
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| the public. |
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| The purpose of this Act is to protect and benefit the deaf |
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| and hard of hearing consumers by setting standards of |
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| qualifications, education, training, and experience for those |
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| who represent themselves as interpreters for the deaf and hard |
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| of hearing, to promote high standards of professional |
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| performance for those licensed as interpreters for the deaf, |
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| and to protect the deaf and hard of hearing consumers from |
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| unprofessional conduct by persons licensed to practice. |
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| Section 10. Definitions. In this Act: |
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| "Accepted certificate" means a certificate required for |
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| licensure that is issued by the Commission, National |
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| Association for the Deaf, Registry of Interpreters for the |
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| Deaf, Testing Evaluation and Certification Unit Inc. |
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| (TECUnit), or any other certifying entities authorized by rule. |
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| "American Sign Language (ASL)" means a visual-gestural |
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| language that is recognized and accepted as linguistically |
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| independent from English language and has its own syntax, |
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| rhetoric, and grammar that is recognized, accepted, and used by |
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| many deaf Americans.
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| "Board" means the Board of Interpreters for the Deaf as |
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| established within the Illinois Deaf and Hard of Hearing |
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| Commission. |
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| "Commission" means the Illinois Deaf and Hard of Hearing |
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| Commission. |
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| "Consumer" means any individual with or without a hearing |
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| loss who is the recipient of interpreter services. |
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| "Cued speech" means a phonetically based hand supplement to |
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| speech reading that is independent of all sign language |
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| modalities. It is a system of hand shapes that represents |
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| groups of consonant sounds, combined with hand placements that |
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| represent groups of vowel sounds, used with natural speech to |
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| represent a visual model of spoken language. |
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| "Deaf" means any person who, because of the severity of a |
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| hearing loss, is not able to discriminate speech when spoken in |
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| a normal conversational tone regardless of the use of |
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| amplification devices and whose primary means of receiving |
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LRB095 09605 RAS 29805 b |
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| spoken communication is through visual input, including but not |
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| limited to, American Sign Language, speech reading, sign |
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| systems, tactile sign, fingerspelling, reading, or writing. |
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| "Director" means the Director of the Illinois Deaf and Hard |
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| of Hearing Commission. |
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| "Educational interpreter" means any person, including |
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| those with a hearing loss, who provides deaf or hard of hearing |
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| interpreting services in all educational environments under |
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| the regulatory authority of the State Board of Education. |
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| "Hard of hearing" means any person who, because of a |
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| hearing loss, finds hearing difficult, but does not preclude |
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| the understanding of spoken communication through the ear |
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| alone, regardless of the use of amplification devices or |
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| assistive devices, and whose primary means of receiving spoken |
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| communication is through visual or auditory input, including, |
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| but not limited to, assistive devices, speech reading, sign |
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| language, fingerspelling, reading, or writing. |
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| "Hearing" means any person who does not have a hearing |
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| loss. |
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| "Interpreter for the deaf" means any person who offers to |
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| render deaf or hard of hearing interpreting services implying |
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| that he or she is trained and experienced in interpreting for |
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| the deaf and holds a license to practice interpreting for the |
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| deaf in this State. |
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| "Interpreting" means the interpreting or transliterating |
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| of English language concepts to any communication modes of the |
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LRB095 09605 RAS 29805 b |
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| deaf or hard of hearing consumer or the interpreting or |
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| transliterating of the communication modes of the deaf and hard |
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| of hearing consumers to English language concepts. |
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| Communication modes include, but are not limited to, American |
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| Sign Language, cued speech, oral, tactile sign, and persons |
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| with language deficient skills. |
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| "Language deficient" means modes of communication used by |
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| deaf individuals who lack crucial language components, |
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| including, but not limited to, vocabulary, language concepts, |
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| expressive skills, language skills, and receptive skills. |
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| "License" or "licensure" means the authorization to |
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| practice interpreting by the Commission under the provisions of |
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| this Act. |
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| "Oral" means the mode of communication having |
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| characteristics of speech, speech reading, and residual |
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| hearing as a primary means of communication using situational |
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| and culturally appropriate gestures, without the use of sign |
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| language. |
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| "Practice of interpreting" means rendering or offering to |
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| render or supervise those who render to individuals, couples, |
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| groups, organizations, institutions, corporations, schools, |
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| government agencies, or the general public any interpreting |
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| service involving the interpreting of any mode of communication |
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| used by a deaf or hard of hearing consumer to English language |
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| concepts or of an English language consumer to a mode of |
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| communication used by a deaf or hard of hearing consumer. |
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LRB095 09605 RAS 29805 b |
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| "Tactile sign" means mode of communication, used by deaf |
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| and blind individuals, using any one or a combination of |
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| tactile sign or constricted space signing. |
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| "Transliterating" means the process of conveying a message |
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| from either spoken language into a manually coded language or |
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| from a manually coded language into a spoken language. |
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| Section 15. Licensure requirement. |
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| (a) On or after the date of January 1, 2009, no person |
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| shall practice as an interpreter for the deaf or hold herself |
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| or himself out as being an interpreter for the deaf or render |
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| deaf or hard of hearing interpreting services in this State |
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| unless he or she is licensed in accordance with the provisions |
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| of this Act.
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| (b) The provisions of the Act shall not be construed to |
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| invalidate the requirement that interpreters continue to |
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| register pursuant to the Interpreters for the Deaf Act prior to |
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| the effective date of this Act. |
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| (c) Beginning January 1, 2009, the Commission shall cease |
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| to register interpreters pursuant to the Interpreters for the |
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| Deaf Act. After that date, applicants shall apply for a license |
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| to practice as an interpreter for the deaf and shall meet the |
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| requirements set forth in this Act. |
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| Section 20. Unlicensed practice; violation; administrative |
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| fine. |
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LRB095 09605 RAS 29805 b |
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| (a) Any person who practices, offers to practice, attempts |
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| to practice, or holds himself or herself out to practice as an |
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| interpreter for the deaf without being licensed or exempt under |
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| this Act shall, in addition to any other penalty provided by |
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| law, pay an administrative fine to the Commission in an amount |
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| not to exceed $2,500 for each offense as determined by the |
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| Commission. The administrative fine shall be assessed by the |
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| Commission after a hearing is held in accordance with the |
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| provisions set forth in this Act regarding the provision of a |
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| hearing for the discipline of a licensee and shall be deposited |
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| in the Interpreters for the Deaf Fund. |
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| (b) The Commission has the authority and power to |
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| investigate any and all actual, alleged, or suspected |
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| unlicensed activity. |
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| (c) The administrative fine shall be paid within 60 days |
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| after the effective date of the order imposing the |
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| administrative fine. The order shall constitute a judgment and |
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| may be filed and executed in the same manner as any judgment |
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| from any court of record. |
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| Section 25. Exemptions. The following do not constitute |
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| violations of this Act: |
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| (1) Persons interpreting in religious activities. |
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| (2) Persons rendering interpreting services in cases |
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| of emergency, as provided in the Good Samaritan Act. |
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| (3) Persons currently enrolled in a course of study |
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LRB095 09605 RAS 29805 b |
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| leading to a certificate or degree in interpreting, |
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| provided that such persons engage only in activities and |
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| services that constitute a part of a supervised course of |
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| study and clearly designate themselves as student, |
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| trainee, or intern. |
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| (4) Persons working as an educational interpreter in |
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| compliance with the rules established by the State Board of |
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| Education. |
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| (5) Persons interpreting pro bono where circumstances |
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| do not allow for the fulfillment of the requirements for |
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| licensure under this Act and where the services of a |
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| qualified interpreter are not required under State or |
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| federal law, including, but not limited to, the Illinois |
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| Human Rights Act, the federal Americans with Disabilities |
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| Act, Section 504 of the federal Rehabilitation Act of 1973, |
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| or the regulations adopted under those Acts. |
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| Section 30. Application for licensure. |
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| (a) An application for licensure as an interpreter for the |
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| deaf shall be made to the Commission on forms prescribed by the |
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| Commission and accompanied by the appropriate documentation |
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| and the required non-refundable fee. All applications shall |
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| contain information that, in the judgment of the Commission, |
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| shall enable the Commission to determine an applicant's |
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| qualifications. |
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| (b) Applicants have one year from the date the application |
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| is initially submitted to the Commission to complete the |
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| application process. If the process has not been completed in |
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| the one-year period, the application shall be denied and the |
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| fee forfeited and the applicant must reapply and meet the |
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| requirements in effect at the time of application. |
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| (c) A license shall not be denied to an applicant because |
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| of the applicant's race, religion, creed, national origin, |
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| political beliefs or activities, age, sex, sexual orientation, |
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| or physical disability. |
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| Section 35. Examination and evaluation. |
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| (a) The Commission, by rule, may establish a written |
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| examination and performance evaluation of applicants for |
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| licensure as interpreters for the deaf at such times and places |
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| as it may determine. The written examination shall test |
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| knowledge of interpreting and the performance evaluation shall |
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| test the competence and skills of interpreting and |
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| transliterating. |
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| (b) Applicants for examination or evaluation shall pay to |
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| the Commission a fee covering the cost of providing the |
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| examination or evaluation. Failure to appear for the |
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| examination or evaluation on the scheduled date at the time and |
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| place specified shall result in the forfeiture of the |
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| examination or evaluation fee. |
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| Section 40. Social security number. In addition to any |
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| other information required to be contained in the application, |
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| every application for an original, renewal, or restored license |
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| under this Act shall include the applicant's Social Security |
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| Number. |
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| Section 45. Qualifications for licensure. A person shall be |
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| qualified to be licensed as an interpreter for the deaf and the |
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| Commission shall issue a license to an applicant who: |
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| (1) has applied in writing on the prescribed forms and |
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| paid the required fees; |
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| (2) is of good moral character; in determining good |
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| moral character, the Commission may take into |
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| consideration whether the applicant has engaged in conduct |
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| or activities that would constitute grounds for discipline |
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| under Section 110 of this Act; |
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| (3) is an accepted certificate holder; |
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| (4) has high school diploma or equivalent; and |
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| (5) has met any other requirements established by the |
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| Commission by rule. |
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| Section 50. Powers and duties of the Commission. |
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| (a) The Commission shall exercise the powers and duties |
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| prescribed by the Civil Administrative Code of Illinois for the |
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| administration of licensing acts. |
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| (b) The Commission shall adopt rules consistent with the |
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| provisions and purposes of this Act for the administration and |
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| enforcement thereof, and for the payment of fees connected |
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| therewith, and may prescribe forms, which shall be issued in |
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| connection therewith. |
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| (c) The Commission may seek the advice and the expert |
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| knowledge of the Board on any matter relating to the |
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| administration of this Act. |
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| (d) The Commission shall conduct hearings on proceedings to |
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| refuse to issue or renew or to revoke a license or to suspend, |
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| place on probation, censure, or reprimand a person licensed |
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| under this Act. |
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| (e) The Commission may develop, contract, purchase, or |
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| authorize examination and evaluation materials necessary to |
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| license interpreters for the deaf that are cost effective and |
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| accessible. |
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| Section 55. Interpreter Coordinator. The Director may |
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| employ, pursuant to the Personnel Code, an Interpreter |
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| Coordinator and any other necessary staff. The Interpreter |
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| Coordinator shall be a professional interpreter for the deaf |
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| licensed in this State. The Interpreter Coordinator hired |
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| initially must hold an accepted certification and must qualify |
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| for and obtain licensure within 6 months after the effective |
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| date of this Act. All Interpreter Coordinators hired thereafter |
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| must be licensed at the time of hire. The Interpreter |
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| Coordinator shall perform such administrative functions as may |
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| be delegated by the Director. |
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| Section 60. Illinois Board of Interpreters. |
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| (a) The Director shall appoint an Illinois Board of |
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| Interpreters for the Deaf consisting of 7 voting members who |
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| shall serve in an advisory capacity to the Director. The Board |
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| shall be composed of 4 licensed interpreters for the deaf, 3 |
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| deaf or hard of hearing consumers, and the Interpreter |
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| Coordinator who shall serve as a non-voting member. |
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| (b) The Board shall meet no less than 2 times per year and |
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| may hold additional meetings as required in the performance of |
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| its duties. |
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| (c) The members shall be appointed to serve 4-year terms |
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| and shall serve until successors are appointed and qualified, |
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| except that initial appointments shall be staggered with one |
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| member appointed to serve for one year, 2 members appointed to |
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| serve for 2 years, 2 members appointed to serve for 3 years, |
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| and 2 members appointed to serve for 4 years. No member shall |
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| be eligible to serve more than 2 consecutive terms. A vacancy |
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| in the Board shall be filled by appointment by the Director for |
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| the remainder of the unexpired term. Those interpreter members |
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| appointed initially must qualify for and obtain licensure under |
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| this Act within 6 months after the effective date of this Act. |
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| (d) The membership of the Board must reasonably reflect |
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| representation from different geographic areas of the State. |
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| (e) The membership of the Board shall reflect the |
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| differences in certification, experience, education, and |
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| background and knowledge of interpreting for the deaf and |
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| evaluation. |
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| (f) The Director may terminate the appointment of any |
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| member for misconduct, inefficiency, incompetence, or neglect |
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| of his or her official duties. |
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| (g) The Director shall consider the recommendation of the |
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| Board on all matters and questions relating to this Act. |
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| (h) The Board shall annually elect from its membership a |
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| chairperson, vice chairperson, and a secretary. |
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| (i) Members of the Board shall be reimbursed for all |
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| authorized legitimate and necessary expenses incurred in |
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| attending the meetings of the Board. |
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| (j) A majority of the Board members currently appointed |
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| shall constitute a quorum. A vacancy in the membership of the |
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| Board shall not impair the right of a quorum to perform all of |
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| the duties of the Board. |
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| (k) Members shall be immune from suit in any action based |
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| upon any disciplinary proceedings or other acts performed in |
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| good faith as members of the Illinois Board of Interpreters for |
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| the Deaf. |
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| Section 65. Privileged communications. Interpreters for |
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| the deaf licensed under this Act shall be subject to the |
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| provisions concerning privileged communications between |
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| interpreters for the deaf and hard of hearing and consumers set |
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| forth in Section 8-912 of the Code of Civil Procedure. |
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LRB095 09605 RAS 29805 b |
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| Section 70. Provisional licensure. The Commission may, at |
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| its discretion, issue a provisional license to an applicant who |
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| has not met all of the requirements for full licensure under |
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| this Act, but has met the requirements for provisional |
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| licensure as established by the Commission. |
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| Provisional licenses must be renewed as set by rule and |
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| shall not be renewed for a period exceeding 2 years. If, at the |
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| end of 2 years, a provisional licensee still does not meet the |
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| requirements for full licensure under this Act, he or she shall |
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| be unable to practice interpreting under this Act until granted |
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| a license by the Commission. |
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| Section 75. Expiration, renewal, and restoration of |
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| license. |
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| (a) The expiration date and renewal period for each license |
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| issued under this Act shall be determined by the Commission and |
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| set by rule. Every holder of a license under this Act may renew |
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| his or her license during the 60-day period preceding the |
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| expiration date thereof upon payment of the required renewal |
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| fees. |
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| (b) Any person who has permitted his or her license to |
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| expire or who has had his or her license placed on inactive |
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| status may have his or her license restored by making |
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| application to the Commission and filing proof acceptable to |
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| the Commission, as defined by the Commission by rule, of his or |
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| her fitness to have the license restored, if applicable, |
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| including evidence attesting to active practice in another |
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| jurisdiction satisfactory to the Commission and by paying the |
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| required restoration fee. |
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| (c) If an interpreter for the deaf has not maintained an |
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| active practice in another jurisdiction satisfactory to the |
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| Commission, the Commission shall determine his or her fitness |
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| to resume active status and may require satisfactory evaluation |
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| of skills. |
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| (d) Any interpreter for the deaf whose license expires |
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| while he or she is (i) in federal service on active duty with |
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| the Armed Forces of the United States, or the State Militia |
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| called into service or training, or (ii) in training or |
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| education under the supervision of the United States |
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| preliminary to induction into the military service, may have |
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| his or her license renewed or restored without paying any |
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| lapsed renewal fees if, within 2 years after honorable |
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| termination of such service, training, or education, and he or |
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| she furnishes the Commission with satisfactory evidence to the |
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| effect that he or she has been so engaged. |
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| (e) Any licensee who practices interpreting while his or |
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| her license is expired shall be considered to be practicing |
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| without a license, which constitutes grounds for discipline |
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| under this Act. |
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| Section 80. Inactive status. |
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| (a) Any interpreter for the deaf who notifies the |
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| Commission, on forms prescribed by the Commission, may place |
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| his or her license on inactive status and shall be exempt from |
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| payment of renewal fees until he or she notifies the |
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| Commission, in writing, of the intention to restore his or her |
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| license, pays the current renewal fee, and demonstrates |
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| compliance with any requisite continuing education. |
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| (b) Any interpreter for the deaf requesting restoration |
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| from inactive status must pay the current renewal fee and |
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| restore his or her license as provided in Section 75 of this |
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| Act. |
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| (c) Any interpreter for the deaf whose license is placed on |
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| inactive status shall not practice in this State. Any licensee |
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| who practices interpreting while his or her license is placed |
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| on inactive status shall be considered to be practicing without |
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| a license, which constitutes grounds for discipline under this |
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| Act. |
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| Section 85. Continuing education. The Commission may adopt |
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| rules of continuing education for persons licensed under this |
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| Act. These rules shall be consistent with the requirements of |
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| relevant professional associations and training programs and |
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| address variances for illness or hardship. In establishing |
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| these rules, the Commission may consider continuing education |
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| requirements as a condition of membership in organizations in |
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| order to assure that licensees are given the opportunity to |
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| participate in those programs sponsored by or through the |
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| professional associations or interpreter training programs |
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| that are relevant to their practice. |
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| The Commission shall establish by rule a means for |
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| verifying the completion of the continuing education required |
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| by this Section. This verification may be accomplished through |
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| audits of records maintained by licensees, the filing of |
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| continuing education certificates with the Commission, or any |
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| other means established by the Commission. |
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| Section 90. Roster. The Commission shall maintain a list of |
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| licensed interpreters for the deaf authorized to practice in |
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| the State. The list shall show the name of every licensee, type |
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| of certification, county, areas of specialty, and a form of |
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| contact. This list shall be available for public distribution |
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| upon request and payment of the required fee. |
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| The Commission shall maintain rosters of the names of all |
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| persons whose licenses have been suspended, revoked, or denied |
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| renewal for cause within the previous calendar year. This list |
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| shall be available for public distribution upon request and |
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| payment of the required fee. |
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| Section 95. Fees. The Commission may charge fees for the |
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| administration and enforcement of this Act, including, but not |
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| limited to, application, administration of an examination or |
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| evaluation, licensure renewal and restoration, and provision |
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| of duplicate licenses. The fees shall be in an amount |
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| sufficient to cover the cost of the licensure program and shall |
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| be set by rule. |
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| Section 100. Checks or order dishonored. Any person who |
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| delivers a check or other payment to the Commission that is |
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| returned to the Commission unpaid by the financial institution |
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| upon which it is drawn shall pay to the Commission, in addition |
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| to the amount already owed to the Commission, a fine of $50. If |
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| the check or other payment was for a renewal or issuance fee |
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| and that person practices without paying the renewal fee or |
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| issuance fee and the fine due, an additional fine of $100 shall |
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| be imposed. The fines imposed by this Section are in addition |
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| to any other discipline provided under this Act for unlicensed |
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| practice or practice on a nonrenewed license. The Commission |
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| shall notify the person that payment of fees and fines shall be |
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| paid to the Commission by certified check or money order within |
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| 30 calendar days after the notification. If, after the |
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| expiration of 30 days from the date of the notification, the |
19 |
| person has failed to submit the necessary remittance, the |
20 |
| Commission shall automatically terminate the license or deny |
21 |
| the application, without hearing. If, after termination or |
22 |
| denial, the person seeks a license, he or she shall apply to |
23 |
| the Commission for restoration or issuance of the license and |
24 |
| pay all fees and fines due to the Commission. The Commission |
25 |
| may establish a fee for the processing of an application for |
|
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|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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1 |
| restoration of a license to pay all expenses of processing the |
2 |
| application. The Director may waive the fines due under this |
3 |
| Section in individual cases where the Director finds that the |
4 |
| fines would be unreasonable or unnecessarily burdensome. |
5 |
| Section 105. Interpreters for the Deaf Fund. The moneys |
6 |
| received as fees and fines by the Commission under this Act |
7 |
| shall be deposited in the Interpreters for the Deaf Fund, which |
8 |
| is hereby created as a special fund in the State treasury, and |
9 |
| shall be used only for the administration and enforcement of |
10 |
| this Act, including (i) for costs directly related to the |
11 |
| regulating of persons under this Act, (ii) by the Board and |
12 |
| Commission in the exercise of its powers and performance of its |
13 |
| duties, and (iii) for direct and allocable indirect cost |
14 |
| related to the public purposes of the Commission. All moneys |
15 |
| deposited in the Fund shall be appropriated to the Commission |
16 |
| for expenses of the Commission and the Board in the |
17 |
| administration and enforcement of this Act. Moneys in the Fund |
18 |
| may be invested and reinvested, with all earnings deposited in |
19 |
| the Fund and used for the purposes set forth in this Act. The |
20 |
| Fund shall comply with the Illinois State Auditing Act. |
21 |
| Section 110. Grounds for disciplinary action. |
22 |
| (a) The Commission may refuse to issue, refuse to renew, |
23 |
| suspend, or revoke any license, or may place on probation, |
24 |
| censure, reprimand, or take other disciplinary action deemed |
|
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|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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1 |
| appropriate by the Commission, including the imposition of |
2 |
| administrative fines not to exceed $2,500 for each violation, |
3 |
| with regard to any license issued under the provisions of this |
4 |
| Act for any one or more of the following reasons: |
5 |
| (1) Material deception in furnishing information to |
6 |
| the Commission. |
7 |
| (2) Violations or negligent or intentional disregard |
8 |
| of any provision of this Act or its rules. |
9 |
| (3) Conviction of any crime under the laws of any |
10 |
| jurisdiction of the United States that is a felony or a |
11 |
| misdemeanor, an essential element of which is dishonesty, |
12 |
| or of any crime that is directly related to the practice of |
13 |
| the profession. |
14 |
| (4) A pattern of practice or other behavior that |
15 |
| demonstrates incapacity or incompetence to practice under |
16 |
| this Act. |
17 |
| (5) Knowingly aiding or assisting another person in |
18 |
| violating any provision of this Act or rules adopted |
19 |
| thereunder. |
20 |
| (6) Failing, within 60 days, to provide a response to a |
21 |
| request for information in response to a written request |
22 |
| made by the Commission by certified mail. |
23 |
| (7) Engaging in dishonorable, unethical, or |
24 |
| unprofessional conduct of a character likely to deceive, |
25 |
| defraud, or harm the public. |
26 |
| (8) Conviction for the unlawful sale or distribution of |
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|
HB1277 Engrossed |
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1 |
| any drug, narcotic, or prescription device, or unlawful |
2 |
| conversion of any drug, narcotic, or prescription device. |
3 |
| (9) Being under the influence or habitual use of or |
4 |
| addiction to alcohol, narcotics, stimulants, or any other |
5 |
| chemical agent or drug, which results in a licensee's |
6 |
| inability to practice with reasonable judgment, skill, or |
7 |
| safety. |
8 |
| (10) Discipline by another jurisdiction or foreign |
9 |
| nation, if at least one of the grounds for the discipline |
10 |
| is the same or substantially equivalent to those set forth |
11 |
| in this Section. |
12 |
| (11) A finding that the licensee, after having his or |
13 |
| her license placed on probationary status, has violated the |
14 |
| terms of probation. |
15 |
| (12) Being named as a perpetrator in an indicated |
16 |
| report by the Department of Children and Family Services |
17 |
| and under the Abused and Neglected Child Reporting Act, and |
18 |
| upon proof by clear and convincing evidence that the |
19 |
| licensee has caused a child to be an abused child or |
20 |
| neglected child as defined in the Abused and Neglected |
21 |
| Child Reporting Act. |
22 |
| (13) Gross negligence in the practice of interpreting. |
23 |
| (14) Holding oneself out to be a practicing interpreter |
24 |
| for the deaf under any name other than one's own. |
25 |
| (15) Fraud, deceit, or misrepresentation in applying |
26 |
| for or procuring a license under this Act or in connection |
|
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|
HB1277 Engrossed |
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1 |
| with applying for renewal of a license under this Act. |
2 |
| (16) Allowing another person or organization to use the |
3 |
| licensee's license to deceive the public. |
4 |
| (17) Attempting to subvert or cheat on an |
5 |
| interpreter-related examination or evaluation. |
6 |
| (18) Immoral conduct in the commission of an act, such |
7 |
| as sexual abuse, sexual misconduct, or sexual |
8 |
| exploitation, related to the licensee's practice. |
9 |
| (19) Willfully or negligently violating the |
10 |
| confidentiality between an interpreter and client, except |
11 |
| as required by law. |
12 |
| (20) Practicing or attempting to practice interpreting |
13 |
| under a name other than the name listed on the license. |
14 |
| (21) The use of any false, fraudulent, or deceptive |
15 |
| statement in any document connected with the licensee's |
16 |
| practice. |
17 |
| (22) Failure of a licensee to report to the Commission |
18 |
| any adverse final action taken against him or her by |
19 |
| another licensing jurisdiction, any peer review body, any |
20 |
| professional deaf or hard of hearing interpreting |
21 |
| association, any governmental Commission, by law |
22 |
| enforcement Commission, or any court for a deaf or hard of |
23 |
| hearing interpreting liability claim related to acts or |
24 |
| conduct similar to acts or conduct that would constitute |
25 |
| grounds for action as provided in this Section. |
26 |
| (23) Failure of a licensee to report to the Commission |
|
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|
HB1277 Engrossed |
- 22 - |
LRB095 09605 RAS 29805 b |
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|
1 |
| surrender by the licensee of his or her license or |
2 |
| authorization to practice interpreting in another state or |
3 |
| jurisdiction or current surrender by the licensee of |
4 |
| membership in any deaf or hard of hearing interpreting |
5 |
| association or society while under disciplinary |
6 |
| investigation by any of those authorities or bodies for |
7 |
| acts or conduct similar to acts or conduct that would |
8 |
| constitute grounds for action as provided by this Section. |
9 |
| (24) Physical illness or injury including, but not |
10 |
| limited to, deterioration through the aging process or loss |
11 |
| of motor skill, mental illness, or disability that results |
12 |
| in the inability to practice the profession with reasonable |
13 |
| judgment, skill, or safety. |
14 |
| (b) The determination by a circuit court that a licensee is |
15 |
| subject to involuntary admission or judicial admission as |
16 |
| provided in the Mental Health and Developmental Disabilities |
17 |
| Code, as amended, operates as an automatic suspension. The |
18 |
| suspension will end only (i) upon a finding by a court that the |
19 |
| patient is no longer subject to involuntary admission or |
20 |
| judicial admission and issues an order so finding and |
21 |
| discharging the patient and (ii) upon the recommendation of the |
22 |
| Board to the Director that the licensee be allowed to resume |
23 |
| his or her practice. |
24 |
| (c) The Commission may refuse to issue or may suspend the |
25 |
| license of any person who fails to file a return, to pay the |
26 |
| tax, penalty, or interest shown in a filed return, or to pay |
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|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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1 |
| any final assessment of the tax, penalty, or interest as |
2 |
| required by any tax Act administered by the Illinois Department |
3 |
| of Revenue, until such time as the requirements of any such tax |
4 |
| Act are satisfied. |
5 |
| (d) In enforcing this Section, the Commission, upon a |
6 |
| showing of a possible violation, may compel an individual |
7 |
| licensed under this Act, or who has applied for licensure under |
8 |
| this Act, to submit to a mental or physical examination, or |
9 |
| both, as required by and at the expense of the Commission. The |
10 |
| Commission may order the examining physician to present |
11 |
| testimony concerning the mental or physical examination of the |
12 |
| licensee or applicant. No information shall be excluded by |
13 |
| reason of any common law or statutory privilege relating to |
14 |
| communications between the licensee or applicant and the |
15 |
| examining physician. The Commission shall specifically |
16 |
| designate the examining physicians. The individual to be |
17 |
| examined may have, at his or her own expense, another physician |
18 |
| of his or her choice present during all aspects of this |
19 |
| examination. Failure of an individual to submit to a mental or |
20 |
| physical examination, when directed, shall be grounds for |
21 |
| suspension of his or her license until the individual submits |
22 |
| to the examination if the Commission finds, after notice and |
23 |
| hearing, that the refusal to submit to the examination was |
24 |
| without reasonable cause. |
25 |
| If the Commission finds an individual unable to practice |
26 |
| because of the reasons set forth in this subsection (d), the |
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|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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1 |
| Commission may require that individual to submit to care, |
2 |
| counseling, or treatment by physicians approved or designated |
3 |
| by the Commission as a condition, term, or restriction for |
4 |
| continued, reinstated, or renewed licensure to practice or, in |
5 |
| lieu of care, counseling, or treatment, the Commission may file |
6 |
| a complaint to immediately suspend, revoke, or otherwise |
7 |
| discipline the license of the individual. An individual whose |
8 |
| license was granted, continued, reinstated, renewed, |
9 |
| disciplined, or supervised subject to such terms, conditions, |
10 |
| or restrictions and who fails to comply with such terms, |
11 |
| conditions, or restrictions, shall be referred to the Director |
12 |
| for a determination as to whether the individual shall have his |
13 |
| or her license suspended immediately, pending a hearing by the |
14 |
| Commission. |
15 |
| In instances in which the Director immediately suspends a |
16 |
| person's license under this subsection (d), a hearing on that |
17 |
| person's license must be convened by the Commission within 15 |
18 |
| days after the suspension and completed without appreciable |
19 |
| delay. The Commission shall have the authority to review the |
20 |
| subject individual's record of treatment and counseling |
21 |
| regarding the impairment to the extent permitted by applicable |
22 |
| State and federal statutes and regulations safeguarding the |
23 |
| confidentiality of medical records. |
24 |
| An individual licensed under this Act and affected under |
25 |
| this subsection (d) shall be afforded an opportunity to |
26 |
| demonstrate to the Commission that he or she can resume |
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|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| practice in compliance with acceptable and prevailing |
2 |
| standards under the provisions of his or her license. |
3 |
| Section 115. Violations; injunction; cease and desist |
4 |
| order. |
5 |
| (a) If any person violates the provisions of this Act, the |
6 |
| Director may, in the name of the People of the State of |
7 |
| Illinois, through the Attorney General, petition for an order |
8 |
| enjoining the violation or for an order enforcing compliance |
9 |
| with this Act. Upon the filing of a verified petition, the |
10 |
| court with appropriate jurisdiction may issue a temporary |
11 |
| restraining order without notice or bond, and may preliminarily |
12 |
| and permanently enjoin the violation. If it is established that |
13 |
| the person has violated or is violating the injunction, the |
14 |
| court may punish the offender for contempt of court. |
15 |
| Proceedings under this Section are in addition to all other |
16 |
| remedies and penalties provided by this Act. |
17 |
| (b) If any person holds himself or herself out as being a |
18 |
| licensed interpreter for the deaf under this Act and is not |
19 |
| licensed to do so, then any licensed interpreter for the deaf, |
20 |
| interested party, or any person injured thereby may petition |
21 |
| for relief as provided in subsection (a) of this Section. |
22 |
| (c) Whenever, in the opinion of the Commission, a person |
23 |
| violates any provision of this Act, the Commission may issue an |
24 |
| order to show cause why an order to cease and desist should not |
25 |
| be entered against that person. The order shall clearly set |
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|
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LRB095 09605 RAS 29805 b |
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1 |
| forth the grounds relied upon by the Commission and shall allow |
2 |
| at least 7 days from the date of the order to file an answer |
3 |
| satisfactory to the Commission. Failure to answer to the |
4 |
| satisfaction of the Commission shall cause an order to cease |
5 |
| and desist to be issued. |
6 |
| Section 120. Investigations; notice and hearing. The |
7 |
| Commission may investigate the actions of any applicant or any |
8 |
| person holding or claiming to hold a license under this Act. |
9 |
| The Commission shall, before revoking, suspending, placing on |
10 |
| probation, reprimanding, or taking any other disciplinary |
11 |
| action under Section 110 of this Act, at least 30 days prior to |
12 |
| the date set for the hearing, (i) notify the accused, in |
13 |
| writing, of any charges made and the time and place for the |
14 |
| hearing, (ii) direct him or her to file a written answer to the |
15 |
| charges with the Commission under oath within 20 days after the |
16 |
| service on him or her of the notice, and (iii) inform the |
17 |
| accused that, if he or she fails to answer, default will be |
18 |
| taken against him or her or that his or her license may be |
19 |
| suspended, revoked, placed on probationary status, or other |
20 |
| disciplinary action taken with regard to the license, including |
21 |
| limiting the scope, nature, or extent of his or her practice, |
22 |
| as the Commission may deem proper. In case the person, after |
23 |
| receiving notice, fails to file an answer, his or her license |
24 |
| may, in the discretion of the Commission, be suspended, |
25 |
| revoked, placed on probationary status, or the Commission may |
|
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|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| take whatever disciplinary action deemed proper, including |
2 |
| limiting the scope, nature, or extent of the person's practice |
3 |
| or the imposition of a fine, without a hearing, if the act or |
4 |
| acts charged constitute sufficient grounds for such action |
5 |
| under this Act. At the time and place fixed in the notice, the |
6 |
| Director shall proceed to hear the charges and the parties or |
7 |
| their counsel shall be accorded ample opportunity to represent |
8 |
| such statements, testimony, evidence, and argument as may be |
9 |
| pertinent to the charges or to their defense. The Director may |
10 |
| continue the hearing from time to time. |
11 |
| Section 125. Disposition by consent order. Disposition may |
12 |
| be made of any charge by consent order between the Commission |
13 |
| and the licensee. The Board shall be apprised of the consent |
14 |
| order at its next meeting. |
15 |
| Section 130. Record of proceedings; transcript. The |
16 |
| Commission, at its expense, shall preserve a record of all |
17 |
| proceedings at any formal hearing of any case. The notice of |
18 |
| hearing, complaint, and all other documents in the nature of |
19 |
| pleadings and written motions filed in the proceedings, the |
20 |
| transcript of testimony, the report of the Board, the report of |
21 |
| the hearing officer, and the orders of the Commission shall be |
22 |
| the record of the proceedings. |
23 |
| Section 135. Subpoenas; depositions; oaths. The Commission |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| shall have power to subpoena and bring before it any person and |
2 |
| to take testimony either orally or by deposition, or both, with |
3 |
| the same fees and mileage and in the same manner as prescribed |
4 |
| by law in judicial proceedings in civil cases in courts in this |
5 |
| State. The Director, the designated hearing officer, and any |
6 |
| member of the Board shall each have power to administer oaths |
7 |
| to witnesses at any hearings which the Commission is authorized |
8 |
| to conduct and any other oaths authorized in the Act. |
9 |
| Section 140. Compelling testimony. Any circuit court, upon |
10 |
| the application of the Commission, designated hearing officer, |
11 |
| applicant, or licensee against whom proceedings under Section |
12 |
| 110 of the Act are pending, may enter an order requiring the |
13 |
| attendance of witnesses and their testimony and the production |
14 |
| of documents, papers, files, books, and records in connection |
15 |
| with any hearing or investigation. The court may compel |
16 |
| obedience to its order by proceedings for contempt. |
17 |
| Section 145. Findings and recommendations. At the |
18 |
| conclusion of the hearing, the Board shall present to the |
19 |
| Director a written report of its findings of fact, conclusions |
20 |
| of law, and recommendations. The report shall contain a finding |
21 |
| of whether the licensee violated this Act or failed to comply |
22 |
| with the conditions required in this Act. The Board shall |
23 |
| specify the nature of the violation or failure to comply, and |
24 |
| shall make its recommendations to the Director. The report of |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| findings of fact, conclusions of law, and recommendation of the |
2 |
| Board shall be the basis for the Commission's order for refusal |
3 |
| or for the granting of the license. If the Director disagrees |
4 |
| with the recommendations of the Board, the Director may issue |
5 |
| an order in contravention of the Board recommendations. The |
6 |
| Director shall provide a written report to the Board on any |
7 |
| disagreement and shall specify the reasons for the action in |
8 |
| the final order. The finding is not admissible in evidence |
9 |
| against the person in a criminal prosecution brought for the |
10 |
| violation of this Act, but the hearing and findings is not a |
11 |
| bar to a criminal prosecution brought for the violation of this |
12 |
| Act. |
13 |
| Section 150. Appointment of hearing officer. The Director |
14 |
| shall have the authority to appoint any attorney duly licensed |
15 |
| to practice law in the State of Illinois to serve as the |
16 |
| hearing officer in any action for discipline of a license. The |
17 |
| hearing officer shall have full authority to conduct the |
18 |
| hearing. The hearing officer shall report his or her findings |
19 |
| of fact, conclusions of law, and recommendations to the Board |
20 |
| and the Director. The Board shall have 60 days after receipt of |
21 |
| the report to review the report of the hearing officer and to |
22 |
| present its findings of fact, conclusions of law and |
23 |
| recommendations to the Director. If the Board fails to present |
24 |
| its report within the 60-day period, the Director may issue an |
25 |
| order based on the report of the hearing officer. |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| Section 155. Board; rehearing. At the conclusion of the |
2 |
| hearing, a copy of the Board's report shall be served upon the |
3 |
| applicant or licensee by the Commission, either personally or |
4 |
| as provided in this Act for the service of the notice of |
5 |
| hearing. Within 20 days after such service, the applicant or |
6 |
| licensee may present to the Commission a motion in writing for |
7 |
| a rehearing, which shall specify the particular grounds for |
8 |
| rehearing. If no motion for a rehearing is filed, then upon the |
9 |
| expiration of the time specified for filing such a motion, or |
10 |
| if a motion for rehearing is denied, then upon such denial, the |
11 |
| Director may enter an order in accordance with recommendations |
12 |
| of the Board, except as provided in Section 170 of this Act. If |
13 |
| the applicant or licensee requests and pays for a transcript of |
14 |
| the record within the time for filing a motion for rehearing, |
15 |
| the 20-day period within which a motion may be filed shall |
16 |
| commence upon the delivery of the transcript to the applicant |
17 |
| or licensee. |
18 |
| Section 160. Director; rehearing. Whenever the Director |
19 |
| believes justice has not been done in the revocation, |
20 |
| suspension, or refusal to issue or renew a license or the |
21 |
| discipline of a licensee, he or she may order a rehearing. |
22 |
| Section 165. Order or certified copy; prima facie proof. An |
23 |
| order of revocation, suspension, placing the license on |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| probationary status, or other formal disciplinary action as the |
2 |
| Commission may deem proper, or a certified copy thereof, over |
3 |
| the seal of the Commission and purporting to be signed by the |
4 |
| Director, is prima facie proof that: |
5 |
| (1) the signature is the genuine signature of the |
6 |
| Director; |
7 |
| (2) the Director is duly appointed and qualified; and |
8 |
| (3) the Board and the members thereof are qualified to |
9 |
| act. |
10 |
| Section 170. Restoration of suspended or revoked license. |
11 |
| At any time after the suspension or revocation of any license, |
12 |
| the Commission may restore it to the licensee upon the written |
13 |
| recommendation of the Board, unless after an investigation and |
14 |
| hearing the Board determines that restoration is not in the |
15 |
| public interest. |
16 |
| Section 175. Surrender of license. Upon the revocation or |
17 |
| suspension of a license, the licensee shall immediately |
18 |
| surrender his or her license to the Commission. If the licensee |
19 |
| fails to do so, the Commission has the right to seize the |
20 |
| license. |
21 |
| Section 180. Summary suspension of license. The Director |
22 |
| may summarily suspend the license of an interpreter for the |
23 |
| deaf without a hearing, simultaneously with the institution of |
|
|
|
HB1277 Engrossed |
- 32 - |
LRB095 09605 RAS 29805 b |
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|
1 |
| proceedings for a hearing provided for in Section 110 of this |
2 |
| Act, if the Director finds that evidence in the possession of |
3 |
| the Director indicates that the continuation of practice by the |
4 |
| interpreter for the deaf would constitute an imminent danger to |
5 |
| the public. In the event that the Director summarily suspends |
6 |
| the license of an individual without a hearing, a hearing must |
7 |
| be held within 30 days after the suspension has occurred. |
8 |
| Section 185. Administrative review; venue. |
9 |
| (a) All final administrative decisions of the Commission |
10 |
| are subject to judicial review pursuant to the Administrative |
11 |
| Review Law and its rules. The term "administrative decision" is |
12 |
| defined as in Section 3-101 of the Code of Civil Procedure. |
13 |
| (b) Proceedings for judicial review shall be commenced in |
14 |
| the circuit court of the county in which the party applying for |
15 |
| review resides, but if the party is not a resident of Illinois, |
16 |
| the venue shall be in Sangamon County. |
17 |
| Section 190. Certification of record; costs. The |
18 |
| Commission shall not be required to certify any record to the |
19 |
| court, to file an answer in court, or to otherwise appear in |
20 |
| any court in a judicial review proceeding, unless there is |
21 |
| filed in the court, with the complaint, a receipt from the |
22 |
| Commission acknowledging payment of the costs of furnishing and |
23 |
| certifying the record. Failure on the part of the plaintiff to |
24 |
| file the receipt in court is grounds for dismissal of the |
|
|
|
HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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|
1 |
| action. |
2 |
| Section 195. Offenses and punishment. Unless otherwise |
3 |
| specified, any person found to have violated any provision of |
4 |
| this Act is guilty of a Class A misdemeanor.
|
5 |
| Section 200. Administrative Procedure Act. The Illinois |
6 |
| Administrative Procedure Act is hereby expressly adopted and |
7 |
| incorporated in this Act as if all of the provisions of such |
8 |
| Act were included in this Act. |
9 |
| Section 205. Home rule. The regulation and licensing of the |
10 |
| practice of interpreting are exclusive powers and functions of |
11 |
| the State. A home rule unit may not regulate or license |
12 |
| interpreters for the deaf. This Section is a denial and |
13 |
| limitation of home rule powers and functions under subsection |
14 |
| (h) of Section 6 of Article VII of the Illinois Constitution. |
15 |
| Section 210. Savings provision. |
16 |
| (a) This Act is intended to replace the Interpreters for |
17 |
| the Deaf Act in all respects. |
18 |
| (b) Beginning on January 1, 2009, the rights, powers, and |
19 |
| duties exercised by the Deaf and Hard of Hearing Commission |
20 |
| under the Interpreters for the Deaf Act shall continue to be |
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| vested in, be the obligation of, and shall be exercised by the |
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| Deaf and Hard of Hearing Commission under the provisions of |
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| this Act. |
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| (c) This Act does not affect any act done, ratified, or |
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| cancelled, or any right occurring or established, or any action |
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| or proceeding had or commenced in an administrative, civil, or |
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| criminal cause before the effective date of this Act, by the |
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| Deaf and Hard of Hearing Commission under the Interpreters for |
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| the Deaf Act, and those actions or proceedings may be |
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| prosecuted and continued by the Deaf and Hard of Hearing |
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| Commission under this Act. |
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| (d) The rules adopted by the Deaf and Hard of Hearing |
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| Commission relating to the Interpreters for the Deaf Act, |
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| unless inconsistent with the provisions of this Act, are not |
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| affected by this Act, and on the effective date of this Act, |
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| those rules become the rules under this Act. The Deaf and Hard |
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| of Hearing Commission shall, as soon as practicable, adopt new |
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| or amended rules consistent with the provisions of this Act. |
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| Section 900. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes.
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| Section 905. The Regulatory Sunset Act is amended by adding |
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| Sections 4.19b and 4.28 as follows: |
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| (5 ILCS 80/4.19b new)
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| Sec. 4.19b. Act repealed on January 1, 2009. The following |
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| Act is repealed on January 1, 2009: |
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HB1277 Engrossed |
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LRB095 09605 RAS 29805 b |
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| The Interpreters for the Deaf Act. |
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| (5 ILCS 80/4.28 new) |
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| Sec. 4.28. Act repealed on January 1, 2018. The following |
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| Act is repealed on January 1, 2018: |
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| The Interpreter for the Deaf Licensure Act of 2007.
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| Section 910. The State Finance Act is amended by adding |
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| Section 5.675 as follows: |
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| (30 ILCS 105/5.675 new) |
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| Sec. 5.675. The Interpreters for the Deaf Fund. |
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| Section 915. The Code of Civil Procedure is amended by |
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| changing Section 8-911 and by adding Section 8-912 as follows:
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| (735 ILCS 5/8-911) (from Ch. 110, par. 8-911)
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| Sec. 8-911. Language interpreter's
Interpreter's
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| privilege.
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| (a) A "language interpreter"
An "interpreter" is a person |
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| who aids a communication when at least
one party to the |
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| communication has a hearing or speaking impairment or a
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| language difficulty.
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| (b) If a communication is otherwise privileged, that |
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| underlying
privilege is not waived because of the presence of |
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| the language interpreter.
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| (c) The language interpreter shall not disclose the |
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| communication without the
express consent of the person who has |
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| the right to claim the underlying
privilege.
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| (Source: P.A. 87-409.)
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| (735 ILCS 5/8-912 new)
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| Sec. 8-912. Interpreter for the deaf and hard of hearing's |
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| privilege.
|
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| (a) An "interpreter for the deaf and hard of hearing" is a |
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| person who aids a communication when at least one party to the |
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| communication has a hearing loss.
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| (b) An interpreter for the deaf and hard of hearing who |
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| interprets a conversation between a hearing person and a deaf |
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| person is deemed a conduit for the conversation and may not |
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| disclose or be compelled to disclose by subpoena the contents |
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| of the conversation that he or she facilitated without the |
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| written consent of all persons involved who received his or her |
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| professional services. |
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| (c) All communications that are recognized by law as |
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| privileged shall remain privileged even in cases where an |
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| interpreter for the deaf and hard of hearing is utilized to |
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| facilitate such communications. |
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| (d) Communications may be voluntarily disclosed under the |
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| following circumstances: |
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| (1) the formal reporting, conferring, or consulting |
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| with administrative superiors, colleagues, or consultants |
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| who share similar professional responsibility, in which |
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| instance all recipients of such information are similarly |
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| bound to regard the communication as privileged; |
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| (2) a person waives the privilege by bringing any |
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| public charges against an interpreter for the deaf and hard |
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| of hearing, including a person licensed under the |
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| Interpreter for the Deaf Licensure Act of 2007; and |
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| (3) a communication reveals the intended commission of |
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| a crime or harmful act and such disclosure is judged |
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| necessary by the interpreter for the deaf and hard of |
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| hearing to protect any person from a clear, imminent risk |
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| of serious mental or physical harm or injury or to |
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| forestall a serious threat to public safety. |
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| (e) Nothing in this Section shall be construed to prohibit |
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| a person licensed under the Interpreter for the Deaf Licensure |
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| Act of 2007 from voluntarily testifying in court hearings |
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| concerning matters of adoption, child abuse, child neglect, or |
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| other matters pertaining to children, except as provided under |
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| the Abused and Neglected Child Reporting Act.
|
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| Section 920. The Good Samaritan Act is amended by adding |
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| Section 63 as follows: |
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| (745 ILCS 49/63 new)
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| Sec. 63. Sign language interpreters; exemption from civil |
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| liability for emergency assistance. Any person who in good |