Full Text of SB1348 96th General Assembly
SB1348eng 96TH GENERAL ASSEMBLY
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LRB096 04447 DRJ 14498 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 5. The Community-Integrated Living Arrangements | | 5 |
| Licensure and
Certification Act is amended by changing Sections | | 6 |
| 5 and 8 as follows:
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| (210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)
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| Sec. 5.
(a) The Department shall may conduct an | | 9 |
| investigation upon receipt of a complaint
to insure that the | | 10 |
| agency is in compliance with this Act.
If, based upon the | | 11 |
| results of its
investigation, the Department determines that | | 12 |
| the agency is not in
compliance with this Act, it shall serve a | | 13 |
| notice of violation upon the
agency as set forth in paragraph | | 14 |
| (2) of subsection (g) of Section 4 above.
Upon request by a | | 15 |
| complainant,
the Department shall notify the complainant of the | | 16 |
| results of any
investigation of a complaint.
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| (b) The complaint, a copy of the complaint, or a record | | 18 |
| published,
released or otherwise disclosed to the agency shall | | 19 |
| not disclose the name of
the complainant unless the complainant | | 20 |
| consents in writing to the
disclosure or the investigation | | 21 |
| results in a judicial proceeding, or unless
disclosure is | | 22 |
| essential to the investigation.
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| (c) An agency licensed under this Act or its agents shall |
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LRB096 04447 DRJ 14498 b |
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| not transfer,
harass, dismiss, or
retaliate against a recipient | | 2 |
| who is the subject of a complaint
under this Act.
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| (Source: P.A. 85-1250.)
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| (210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)
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| Sec. 8.
(a) Any community mental health or developmental | | 6 |
| services agency
that continues to operate after its license is | | 7 |
| revoked under this Act, or
after its license expires and the | | 8 |
| Department refuses to renew the license,
is guilty of a | | 9 |
| business offense and shall be fined an amount in excess of
$500 | | 10 |
| but not exceeding $2,000, and each day of violation is a | | 11 |
| separate
offense. All fines shall be paid to the Mental Health | | 12 |
| Fund.
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| (b) Whenever the Department is advised or has reason to | | 14 |
| believe that any
person, group of persons, association, | | 15 |
| partnership or corporation is
operating an agency without a | | 16 |
| license or permit in violation of this Act,
the Department | | 17 |
| shall may investigate to ascertain the facts, shall may notify | | 18 |
| the
person or other entity that he is in violation of this Act, | | 19 |
| and shall may make
referrals to appropriate investigatory or | | 20 |
| law enforcement agencies. Any person,
group of persons, | | 21 |
| association, partnership or corporation who continues to
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| operate a community mental health or developmental services | | 23 |
| agency as
defined in subsection (b) of Section 3 of this Act | | 24 |
| without a
license or temporary permit issued by the Department, | | 25 |
| after receiving notice
from the Department that such operation |
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LRB096 04447 DRJ 14498 b |
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| is in violation of this Act,
shall
be guilty of a business | | 2 |
| offense and shall be fined an amount in excess of
$500 but not | | 3 |
| exceeding $2,000, and each day of operation after receiving
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| such notice is a separate offense. All fines shall be paid to | | 5 |
| the Mental
Health Fund.
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| (Source: P.A. 85-1250.)
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| Section 99. Effective date. This Act takes effect upon | | 8 |
| becoming law.
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