Sen. William R. Haine

Filed: 4/23/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 232

2    AMENDMENT NO. ______. Amend Senate Bill 232 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6adding Sections 2105-130 and 2105-135 as follows:
 
7    (20 ILCS 2105/2105-130 new)
8    Sec. 2105-130. Determination of disciplinary sanctions.
9    (a) Upon a finding by the Department that a person has
10committed a violation of any licensing Act administered by the
11Department with regard to licenses, certificates, or
12authorities of persons exercising the respective professions,
13trades, or occupations, the Department may revoke, suspend,
14refuse to renew, place on probationary status, fine, or take
15any other disciplinary action as authorized in any licensing
16Act administered by the Department with regard to those

 

 

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

 

 

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1    other investigative authorities.
2    (c) When making a determination of the appropriate
3disciplinary sanction to be imposed, the Department shall
4consider, but is not limited to, the following mitigating
5factors contained in the record:
6        (1) the lack of prior disciplinary action by the
7    Department or by other agencies in this State or by other
8    states or jurisdictions, hospitals, health care
9    facilities, residency programs, employers, insurance
10    providers, or any of the armed forces of the United States
11    or any state;
12        (2) contrition for the offenses;
13        (3) cooperation with the Department or other
14    investigative authorities;
15        (4) restitution to injured parties;
16        (5) whether the misconduct was self-reported; and
17        (6) any voluntary remedial actions taken.
 
18    (20 ILCS 2105/2105-135 new)
19    Sec. 2105-135. Qualification for licensure or
20registration; good moral character. Good moral character shall
21be a qualification for licensure or registration under every
22licensing Act administered by the Department. Good moral
23character shall be a continuing requirement of licensure or
24registration. The practice of professions licensed or
25registered by the Department is hereby declared to affect the

 

 

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1public health, safety, and welfare and to be subject to
2regulation and control in the public interest. It is further
3declared to be a matter of public interest and concern that
4persons who are licensed or registered to engage in any of the
5professions licensed or registered by the Department merit and
6receive the confidence and trust of the public. The Department
7is authorized to revoke, suspend, refuse to renew, place on
8probationary status, fine, or take any other disciplinary
9action it deems warranted against any licensee or registrant
10whose conduct violates the continuing requirement of good moral
11character or significantly undermines the public's trust in a
12licensed or regulated profession. This Section shall be
13liberally construed to best carry out this purpose.".