Rep. Jack D. Franks

Filed: 5/9/2013





09800SB1664ham001LRB098 07471 MGM 45694 a


2    AMENDMENT NO. ______. Amend Senate Bill 1664 on page 2,
3immediately below line 3, by inserting the following:
4    "Section 10. 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.
9Upon a finding by the Department that a person has committed a
10violation of any licensing Act administered by the Department
11with regard to licenses, certificates, or authorities of
12persons exercising the respective professions, trades, or
13occupations, the Department may revoke, suspend, refuse to
14renew, place on probationary status, fine, or take any other
15disciplinary action as authorized in any licensing Act
16administered by the Department with regard to those licenses,



09800SB1664ham001- 2 -LRB098 07471 MGM 45694 a

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



09800SB1664ham001- 3 -LRB098 07471 MGM 45694 a

1    Department or by other agencies in this State or by other
2    states or jurisdictions, hospitals, health care
3    facilities, residency programs, employers, insurance
4    providers, or any of the armed forces of the United States
5    or any state;
6        (2) contrition for the offenses;
7        (3) cooperation with the Department or other
8    investigative authorities;
9        (4) restitution to injured parties;
10        (5) whether the misconduct was self-reported; and
11        (6) any voluntary remedial actions taken.
12    (20 ILCS 2105/2105-135 new)
13    Sec. 2105-135. Judicial review.
14    (a) All final administrative decisions of the Department
15are subject to judicial review under the Administrative Review
16Law. The term "administrative decision" has the same meaning as
17in Section 3-101 of the Code of Civil Procedure.
18    (b) Proceedings for judicial review shall be commenced in
19the circuit court of the county in which the party applying for
20review resides, but if the party is not a resident of Illinois,
21the venue shall be in Sangamon County.
22    (c) In every action to review any final administrative
23decision, the factual findings and conclusions of the
24Department are deemed prima facie true and correct. The court
25shall determine whether those findings are contrary to the



09800SB1664ham001- 4 -LRB098 07471 MGM 45694 a

1manifest weight of the evidence. Notwithstanding any other
2provision in the Administrative Review Law or the Illinois
3Administrative Procedure Act to the contrary, judicial review
4of any sanction imposed in a final administrative decision by
5the Department for violation of any licensing Act administered
6by the Department may include consideration of sanctions
7imposed in previous disciplinary actions against other
8licensees. However, that consideration by a reviewing court may
9only be one factor in any review and shall not be dispositive
10of any appeal of the sanction imposed by the Department."; and
11on page 2, line 4, by replacing "10." with "15.".