SB0232 EngrossedLRB098 05432 MGM 35466 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by adding
6Sections 2105-130 and 2105-135 as follows:
 
7    (20 ILCS 2105/2105-130 new)
8    Sec. 2105-130. Determination of disciplinary sanctions.
9    (a) Following disciplinary proceedings as authorized in
10any licensing Act administered by the Department, upon a
11finding by the Department that a person has committed a
12violation of the licensing Act with regard to licenses,
13certificates, or authorities of persons exercising the
14respective professions, trades, or occupations, the Department
15may revoke, suspend, refuse to renew, place on probationary
16status, fine, or take any other disciplinary action as
17authorized in the licensing Act with regard to those licenses,
18certificates, or authorities. When making a determination of
19the appropriate disciplinary sanction to be imposed, the
20Department shall consider only evidence contained in the
21record. The Department shall consider any aggravating or
22mitigating factors contained in the record when determining the
23appropriate disciplinary sanction to be imposed.

 

 

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1    (b) When making a determination of the appropriate
2disciplinary sanction to be imposed, the Department shall
3consider, but is not limited to, the following aggravating
4factors contained in the record:
5        (1) the seriousness of the offenses;
6        (2) the presence of multiple offenses;
7        (3) prior disciplinary history, including actions
8    taken by other agencies in this State, by other states or
9    jurisdictions, hospitals, health care facilities,
10    residency programs, employers, or professional liability
11    insurance companies or by any of the armed forces of the
12    United States or any state;
13        (4) the impact of the offenses on any injured party;
14        (5) the vulnerability of any injured party, including,
15    but not limited to, consideration of the injured party's
16    age, disability, or mental illness;
17        (6) the motive for the offenses;
18        (7) the lack of contrition for the offenses;
19        (8) financial gain as a result of committing the
20    offenses; and
21        (9) the lack of cooperation with the Department or
22    other investigative authorities.
23    (c) When making a determination of the appropriate
24disciplinary sanction to be imposed, the Department shall
25consider, but is not limited to, the following mitigating
26factors contained in the record:

 

 

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1        (1) the lack of prior disciplinary action by the
2    Department or by other agencies in this State, by other
3    states or jurisdictions, hospitals, health care
4    facilities, residency programs, employers, insurance
5    providers, or by any of the armed forces of the United
6    States or any state;
7        (2) contrition for the offenses;
8        (3) cooperation with the Department or other
9    investigative authorities;
10        (4) restitution to injured parties;
11        (5) whether the misconduct was self-reported; and
12        (6) any voluntary remedial actions taken.
 
13    (20 ILCS 2105/2105-135 new)
14    Sec. 2105-135. Qualification for licensure or
15registration; good moral character. The practice of
16professions licensed or registered by the Department is hereby
17declared to affect the public health, safety, and welfare and
18to be subject to regulation and control in the public interest.
19It is further declared to be a matter of public interest and
20concern that persons who are licensed or registered to engage
21in any of the professions licensed or registered by the
22Department are of good moral character, which shall be a
23continuing requirement of licensure or registration so as to
24merit and receive the confidence and trust of the public. Upon
25a finding by the Department that a person has committed a

 

 

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1violation of the disciplinary grounds of any licensing Act
2administered by the Department with regard to licenses,
3certificates, or authorities of persons exercising the
4respective professions, trades, or occupations, the Department
5is authorized to revoke, suspend, refuse to renew, place on
6probationary status, fine, or take any other disciplinary
7action it deems warranted against any licensee or registrant
8whose conduct violates the continuing requirement of good moral
9character.