Illinois General Assembly - Full Text of HB5973
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Full Text of HB5973  99th General Assembly

HB5973 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5973

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 41/15-75
225 ILCS 335/9.1  from Ch. 111, par. 7509.1
225 ILCS 410/4-7  from Ch. 111, par. 1704-7
225 ILCS 450/20.01  from Ch. 111, par. 5521.01
225 ILCS 454/20-20

    Amends the Funeral Directors and Embalmers Licensing Code, the Illinois Roofing Industry Licensing Act, the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, the Illinois Public Accounting Act, and the Real Estate License Act of 2000. Allows the Department of Financial and Professional Regulation to consider an applicant's prior conviction or convictions, but provides that the conviction or convictions may not be the sole basis for refusing to issue a license unless the crime substantially and directly relates to the occupation for which the license is sought. Requires that if the conviction is used as a basis for rejection, the rejection must be in writing and specifically state the evidence presented and reasons for rejection, which must be substantially and directly related to the licensed activity. Provides specific considerations the Department must use in making its decision for rejection. Provides what the Department shall use as evidence of rehabilitation so that all license rights and privileges granted under the Act, under consideration for issuance or formerly revoked or suspended because of conviction of an offense, are automatically restored unless the Department finds that restoration is not in the public interest. Requires that the Department not consider non-conviction records, convictions that did not result in incarceration, or convictions unrelated to the capacity to serve the public. In provisions concerning grounds for discipline, makes changes concerning disqualifying criminal penalties and delinquent child support.


LRB099 19442 SMS 43834 b

 

 

A BILL FOR

 

HB5973LRB099 19442 SMS 43834 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Funeral Directors and Embalmers Licensing
5Code is amended by changing Section 15-75 as follows:
 
6    (225 ILCS 41/15-75)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 15-75. Violations; grounds for discipline; penalties.
9    (a) Each of the following acts is a Class A misdemeanor for
10the first offense, and a Class 4 felony for each subsequent
11offense. These penalties shall also apply to unlicensed owners
12of funeral homes.
13        (1) Practicing the profession of funeral directing and
14    embalming or funeral directing, or attempting to practice
15    the profession of funeral directing and embalming or
16    funeral directing without a license as a funeral director
17    and embalmer or funeral director.
18        (2) Serving or attempting to serve as an intern under a
19    licensed funeral director and embalmer without a license as
20    a licensed funeral director and embalmer intern.
21        (3) Obtaining or attempting to obtain a license,
22    practice or business, or any other thing of value, by fraud
23    or misrepresentation.

 

 

HB5973- 2 -LRB099 19442 SMS 43834 b

1        (4) Permitting any person in one's employ, under one's
2    control or in or under one's service to serve as a funeral
3    director and embalmer, funeral director, or funeral
4    director and embalmer intern when the person does not have
5    the appropriate license.
6        (5) Failing to display a license as required by this
7    Code.
8        (6) Giving false information or making a false oath or
9    affidavit required by this Code.
10    (b) The Department may refuse to issue or renew, revoke,
11suspend, place on probation or administrative supervision,
12reprimand, or take other disciplinary or non-disciplinary
13action as the Department may deem appropriate, including
14imposing fines not to exceed $10,000 for each violation, with
15regard to any license under the Code for any one or combination
16of the following:
17        (1) Fraud or any misrepresentation in applying for or
18    procuring a license under this Code or in connection with
19    applying for renewal of a license under this Code.
20        (2) Conviction by plea of guilty or nolo contendere,
21    finding of guilt, jury verdict, or entry of judgment or by
22    sentencing of any crime, including, but not limited to,
23    convictions, preceding sentences of supervision,
24    conditional discharge, or first offender probation, under
25    the laws of any jurisdiction of the United States: (i) that
26    is a felony or (ii) that is a misdemeanor, an essential

 

 

HB5973- 3 -LRB099 19442 SMS 43834 b

1    element of which is dishonesty, or that is directly related
2    to the practice of the profession, and absent mitigating
3    factors and evidence of rehabilitation provided in
4    subsection (b-5) of this Section.
5        (3) Violation of the laws of this State relating to the
6    funeral, burial or disposition of deceased human bodies or
7    of the rules and regulations of the Department, or the
8    Department of Public Health.
9        (4) Directly or indirectly paying or causing to be paid
10    any sum of money or other valuable consideration for the
11    securing of business or for obtaining authority to dispose
12    of any deceased human body.
13        (5) Professional incompetence, gross negligence,
14    malpractice, or untrustworthiness in the practice of
15    funeral directing and embalming or funeral directing.
16        (6) (Blank).
17        (7) Engaging in, promoting, selling, or issuing burial
18    contracts, burial certificates, or burial insurance
19    policies in connection with the profession as a funeral
20    director and embalmer, funeral director, or funeral
21    director and embalmer intern in violation of any laws of
22    the State of Illinois.
23        (8) Refusing, without cause, to surrender the custody
24    of a deceased human body upon the proper request of the
25    person or persons lawfully entitled to the custody of the
26    body.

 

 

HB5973- 4 -LRB099 19442 SMS 43834 b

1        (9) Taking undue advantage of a client or clients as to
2    amount to the perpetration of fraud.
3        (10) Engaging in funeral directing and embalming or
4    funeral directing without a license.
5        (11) Encouraging, requesting, or suggesting by a
6    licensee or some person working on his behalf and with his
7    consent for compensation that a person utilize the services
8    of a certain funeral director and embalmer, funeral
9    director, or funeral establishment unless that information
10    has been expressly requested by the person. This does not
11    prohibit general advertising or pre-need solicitation.
12        (12) Making or causing to be made any false or
13    misleading statements about the laws concerning the
14    disposition of human remains, including, but not limited
15    to, the need to embalm, the need for a casket for cremation
16    or the need for an outer burial container.
17        (13) (Blank).
18        (14) Embalming or attempting to embalm a deceased human
19    body without express prior authorization of the person
20    responsible for making the funeral arrangements for the
21    body. This does not apply to cases where embalming is
22    directed by local authorities who have jurisdiction or when
23    embalming is required by State or local law. A licensee may
24    embalm without express prior authorization if a good faith
25    effort has been made to contact family members and has been
26    unsuccessful and the licensee has no reason to believe the

 

 

HB5973- 5 -LRB099 19442 SMS 43834 b

1    family opposes embalming.
2        (15) Making a false statement on a Certificate of Death
3    where the person making the statement knew or should have
4    known that the statement was false.
5        (16) Soliciting human bodies after death or while death
6    is imminent.
7        (17) Performing any act or practice that is a violation
8    of this Code, the rules for the administration of this
9    Code, or any federal, State or local laws, rules, or
10    regulations governing the practice of funeral directing or
11    embalming.
12        (18) Performing any act or practice that is a violation
13    of Section 2 of the Consumer Fraud and Deceptive Business
14    Practices Act.
15        (19) Engaging in dishonorable, unethical, or
16    unprofessional conduct of a character likely to deceive,
17    defraud or harm the public.
18        (20) Taking possession of a dead human body without
19    having first obtained express permission from the person
20    holding the right to control the disposition in accordance
21    with Section 5 of the Disposition of Remains Act or a
22    public agency legally authorized to direct, control or
23    permit the removal of deceased human bodies.
24        (21) Advertising in a false or misleading manner or
25    advertising using the name of an unlicensed person in
26    connection with any service being rendered in the practice

 

 

HB5973- 6 -LRB099 19442 SMS 43834 b

1    of funeral directing or funeral directing and embalming.
2    The use of any name of an unlicensed or unregistered person
3    in an advertisement so as to imply that the person will
4    perform services is considered misleading advertising.
5    Nothing in this paragraph shall prevent including the name
6    of any owner, officer or corporate director of a funeral
7    home, who is not a licensee, in any advertisement used by a
8    funeral home with which the individual is affiliated, if
9    the advertisement specifies the individual's affiliation
10    with the funeral home.
11        (22) Charging for professional services not rendered,
12    including filing false statements for the collection of
13    fees for which services are not rendered.
14        (23) Failing to account for or remit any monies,
15    documents, or personal property that belongs to others that
16    comes into a licensee's possession.
17        (24) Treating any person differently to his detriment
18    because of race, color, creed, gender, religion, or
19    national origin.
20        (25) Knowingly making any false statements, oral or
21    otherwise, of a character likely to influence, persuade or
22    induce others in the course of performing professional
23    services or activities.
24        (26) Willfully making or filing false records or
25    reports in the practice of funeral directing and embalming,
26    including, but not limited to, false records filed with

 

 

HB5973- 7 -LRB099 19442 SMS 43834 b

1    State agencies or departments.
2        (27) Failing to acquire continuing education required
3    under this Code.
4        (28) (Blank).
5        (29) Aiding or assisting another person in violating
6    any provision of this Code or rules adopted pursuant to
7    this Code.
8        (30) Failing within 10 days, to provide information in
9    response to a written request made by the Department.
10        (31) Discipline by another state, District of
11    Columbia, territory, foreign nation, or governmental
12    agency, if at least one of the grounds for the discipline
13    is the same or substantially equivalent to those set forth
14    in this Section.
15        (32) (Blank).
16        (33) Mental illness or disability which results in the
17    inability to practice the profession with reasonable
18    judgment, skill, or safety.
19        (34) Gross, willful, or continued overcharging for
20    professional services, including filing false statements
21    for collection of fees for which services are not rendered.
22        (35) Physical illness, including, but not limited to,
23    deterioration through the aging process or loss of motor
24    skill which results in a licensee's inability to practice
25    under this Code with reasonable judgment, skill, or safety.
26        (36) Failing to comply with any of the following

 

 

HB5973- 8 -LRB099 19442 SMS 43834 b

1    required activities:
2            (A) When reasonably possible, a funeral director
3        licensee or funeral director and embalmer licensee or
4        anyone acting on his or her behalf shall obtain the
5        express authorization of the person or persons
6        responsible for making the funeral arrangements for a
7        deceased human body prior to removing a body from the
8        place of death or any place it may be or embalming or
9        attempting to embalm a deceased human body, unless
10        required by State or local law. This requirement is
11        waived whenever removal or embalming is directed by
12        local authorities who have jurisdiction. If the
13        responsibility for the handling of the remains
14        lawfully falls under the jurisdiction of a public
15        agency, then the regulations of the public agency shall
16        prevail.
17            (B) A licensee shall clearly mark the price of any
18        casket offered for sale or the price of any service
19        using the casket on or in the casket if the casket is
20        displayed at the funeral establishment. If the casket
21        is displayed at any other location, regardless of
22        whether the licensee is in control of that location,
23        the casket shall be clearly marked and the registrant
24        shall use books, catalogues, brochures, or other
25        printed display aids to show the price of each casket
26        or service.

 

 

HB5973- 9 -LRB099 19442 SMS 43834 b

1            (C) At the time funeral arrangements are made and
2        prior to rendering the funeral services, a licensee
3        shall furnish a written statement of services to be
4        retained by the person or persons making the funeral
5        arrangements, signed by both parties, that shall
6        contain: (i) the name, address and telephone number of
7        the funeral establishment and the date on which the
8        arrangements were made; (ii) the price of the service
9        selected and the services and merchandise included for
10        that price; (iii) a clear disclosure that the person or
11        persons making the arrangement may decline and receive
12        credit for any service or merchandise not desired and
13        not required by law or the funeral director or the
14        funeral director and embalmer; (iv) the supplemental
15        items of service and merchandise requested and the
16        price of each item; (v) the terms or method of payment
17        agreed upon; and (vi) a statement as to any monetary
18        advances made by the registrant on behalf of the
19        family. The licensee shall maintain a copy of the
20        written statement of services in its permanent
21        records. All written statements of services are
22        subject to inspection by the Department.
23            (D) In all instances where the place of final
24        disposition of a deceased human body or the cremated
25        remains of a deceased human body is a cemetery, the
26        licensed funeral director and embalmer, or licensed

 

 

HB5973- 10 -LRB099 19442 SMS 43834 b

1        funeral director, who has been engaged to provide
2        funeral or embalming services shall remain at the
3        cemetery and personally witness the placement of the
4        human remains in their designated grave or the sealing
5        of the above ground depository, crypt, or urn. The
6        licensed funeral director or licensed funeral director
7        and embalmer may designate a licensed funeral director
8        and embalmer intern or representative of the funeral
9        home to be his or her witness to the placement of the
10        remains. If the cemetery authority, cemetery manager,
11        or any other agent of the cemetery takes any action
12        that prevents compliance with this paragraph (D), then
13        the funeral director and embalmer or funeral director
14        shall provide written notice to the Department within 5
15        business days after failing to comply. If the
16        Department receives this notice, then the Department
17        shall not take any disciplinary action against the
18        funeral director and embalmer or funeral director for a
19        violation of this paragraph (D) unless the Department
20        finds that the cemetery authority, manager, or any
21        other agent of the cemetery did not prevent the funeral
22        director and embalmer or funeral director from
23        complying with this paragraph (D) as claimed in the
24        written notice.
25            (E) A funeral director or funeral director and
26        embalmer shall fully complete the portion of the

 

 

HB5973- 11 -LRB099 19442 SMS 43834 b

1        Certificate of Death under the responsibility of the
2        funeral director or funeral director and embalmer and
3        provide all required information. In the event that any
4        reported information subsequently changes or proves
5        incorrect, a funeral director or funeral director and
6        embalmer shall immediately upon learning the correct
7        information correct the Certificate of Death.
8        (37) A finding by the Department that the license,
9    after having his or her license placed on probationary
10    status or subjected to conditions or restrictions,
11    violated the terms of the probation or failed to comply
12    with such terms or conditions.
13        (38) (Blank).
14        (39) Being named as a perpetrator in an indicated
15    report by the Department of Children and Family Services
16    pursuant to the Abused and Neglected Child Reporting Act
17    and, upon proof by clear and convincing evidence, being
18    found to have caused a child to be an abused child or
19    neglected child as defined in the Abused and Neglected
20    Child Reporting Act.
21        (40) Habitual or excessive use or abuse of drugs
22    defined in law as controlled substances, alcohol, or any
23    other substance which results in the inability to practice
24    with reasonable judgment, skill, or safety.
25        (41) Practicing under a false or, except as provided by
26    law, an assumed name.

 

 

HB5973- 12 -LRB099 19442 SMS 43834 b

1        (42) Cheating on or attempting to subvert the licensing
2    examination administered under this Code.
3    (b-5) When issuing a license, the Department may consider
4an applicant's conviction or convictions but a prior conviction
5or convictions alone may not be the basis for refusing to issue
6a license unless the crime for which he or she was convicted
7substantially and directly relates to the occupation for which
8the license is sought.
9    If the conviction or convictions are used as a basis for
10rejection of an application, it must be in writing and
11specifically state the evidence presented and reasons for
12rejection, which must be substantially and directly related to
13the licensed activity. The Department must consider:
14        (1) the bearing, if any, the criminal offenses or
15    offenses for which the person was previously convicted will
16    have on his or her fitness or ability to perform one or
17    more such duties and responsibilities;
18        (2) the time which has elapsed since the occurrence of
19    the criminal offense or offenses;
20        (3) the age of the person at the time of occurrence of
21    the criminal offense or offenses;
22        (4) the seriousness of the offense or offenses; and
23        (5) any information produced by the person or produced
24    on his or her behalf in regard to his or her rehabilitation
25    and good conduct that creates a presumption of
26    rehabilitation.

 

 

HB5973- 13 -LRB099 19442 SMS 43834 b

1    For the purpose of issuance, renewal, or restoration of a
2license, completion of a sentence of imprisonment or discharge
3from probation, conditional discharge from probation, or
4periodic imprisonment shall be treated as evidence of
5rehabilitation so that all license rights and privileges
6granted under this Act, under consideration for issuance, or
7formerly revoked or suspended because of conviction of an
8offense are automatically restored unless the Department finds
9after investigation and consideration of guidelines provided
10in items (1) through (4) of this subsection (b-5) that
11restoration is not in the public interest.
12    The Department shall not consider non-conviction records,
13convictions that did not result in incarceration, or
14convictions unrelated to the capacity to serve the public.
15    (c) The Department may refuse to issue or renew or may
16suspend without a hearing, as provided for in the Department of
17Professional Regulation Law of the Civil Administrative Code of
18Illinois, the license of any person who fails to file a return,
19to pay the tax, penalty or interest shown in a filed return, or
20to pay any final assessment of tax, penalty or interest as
21required by any tax Act administered by the Illinois Department
22of Revenue, until the time as the requirements of the tax Act
23are satisfied in accordance with subsection (g) of Section
242105-15 of the Department of Professional Regulation Law of the
25Civil Administrative Code of Illinois.
26    (d) No action may be taken under this Code against a person

 

 

HB5973- 14 -LRB099 19442 SMS 43834 b

1licensed under this Code unless the action is commenced within
25 years after the occurrence of the alleged violations. A
3continuing violation shall be deemed to have occurred on the
4date when the circumstances last existed that give rise to the
5alleged violation.
6    (e) Nothing in this Section shall be construed or enforced
7to give a funeral director and embalmer, or his or her
8designees, authority over the operation of a cemetery or over
9cemetery employees. Nothing in this Section shall be construed
10or enforced to impose duties or penalties on cemeteries with
11respect to the timing of the placement of human remains in
12their designated grave or the sealing of the above ground
13depository, crypt, or urn due to patron safety, the allocation
14of cemetery staffing, liability insurance, a collective
15bargaining agreement, or other such reasons.
16    (f) All fines imposed under this Section shall be paid 60
17days after the effective date of the order imposing the fine.
18    (g) The Department shall deny a license or renewal
19authorized by this Code to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with item (5) of subsection
23(a) of Section 2105-15 of the Department of Professional
24Regulation Law of the Civil Administrative Code of Illinois.
25    (h) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential

 

 

HB5973- 15 -LRB099 19442 SMS 43834 b

1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency to
3the Department, the Department may refuse to issue or renew or
4may revoke or suspend that person's license or may take other
5disciplinary action against that person based solely upon the
6certification of delinquency made by the Department of
7Healthcare and Family Services in accordance with item (5) of
8subsection (a) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois unless, upon notification, the licensee demonstrates
11an inability to pay and agrees to enter into a reasonable
12payment plan.
13    Notwithstanding the provisions of this subsection, the
14Department may not refuse to issue a license to a potential
15licensee who is an obligor because the obligor's child support
16arrearage equals or exceeds the amount of child support payable
17for 6 months. When an occupational license is issued to an
18applicant to whom this paragraph applies, the Department shall
19send a written notice to the obligor following the issuance of
20a license, advising the obligor that they obligor's license may
21be revoked or suspended unless within 30 days of the postmarked
22date of the notice, the obligor demonstrates an previous
23inability to pay and enters into a reasonable payment plan.
24    (i) A person not licensed under this Code who is an owner
25of a funeral establishment or funeral business shall not aid,
26abet, assist, procure, advise, employ, or contract with any

 

 

HB5973- 16 -LRB099 19442 SMS 43834 b

1unlicensed person to offer funeral services or aid, abet,
2assist, or direct any licensed person contrary to or in
3violation of any rules or provisions of this Code. A person
4violating this subsection shall be treated as a licensee for
5the purposes of disciplinary action under this Section and
6shall be subject to cease and desist orders as provided in this
7Code, the imposition of a fine up to $10,000 for each violation
8and any other penalty provided by law.
9    (j) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission as
11provided in the Mental Health and Developmental Disabilities
12Code, as amended, operates as an automatic suspension. The
13suspension may end only upon a finding by a court that the
14licensee is no longer subject to the involuntary admission or
15judicial admission and issues an order so finding and
16discharging the licensee, and upon the recommendation of the
17Board to the Secretary that the licensee be allowed to resume
18his or her practice.
19    (k) In enforcing this Code, the Department, upon a showing
20of a possible violation, may compel an individual licensed to
21practice under this Code, or who has applied for licensure
22under this Code, to submit to a mental or physical examination,
23or both, as required by and at the expense of the Department.
24The Department may order the examining physician to present
25testimony concerning the mental or physical examination of the
26licensee or applicant. No information shall be excluded by

 

 

HB5973- 17 -LRB099 19442 SMS 43834 b

1reason of any common law or statutory privilege relating to
2communications between the licensee or applicant and the
3examining physician. The examining physician shall be
4specifically designated by the Department. The individual to be
5examined may have, at his or her own expense, another physician
6of his or her choice present during all aspects of this
7examination. The examination shall be performed by a physician
8licensed to practice medicine in all its branches. Failure of
9an individual to submit to a mental or physical examination,
10when directed, shall result in an automatic suspension without
11hearing.
12    A person holding a license under this Code or who has
13applied for a license under this Code who, because of a
14physical or mental illness or disability, including, but not
15limited to, deterioration through the aging process or loss of
16motor skill, is unable to practice the profession with
17reasonable judgment, skill, or safety, may be required by the
18Department to submit to care, counseling, or treatment by
19physicians approved or designated by the Department as a
20condition, term, or restriction for continued, reinstated, or
21renewed licensure to practice. Submission to care, counseling,
22or treatment as required by the Department shall not be
23considered discipline of a license. If the licensee refuses to
24enter into a care, counseling, or treatment agreement or fails
25to abide by the terms of the agreement, the Department may file
26a complaint to revoke, suspend, or otherwise discipline the

 

 

HB5973- 18 -LRB099 19442 SMS 43834 b

1license of the individual. The Secretary may order the license
2suspended immediately, pending a hearing by the Department.
3Fines shall not be assessed in disciplinary actions involving
4physical or mental illness or impairment.
5    In instances in which the Secretary immediately suspends a
6person's license under this Section, a hearing on that person's
7license must be convened by the Department within 15 days after
8the suspension and completed without appreciable delay. The
9Department shall have the authority to review the subject
10individual's record of treatment and counseling regarding the
11impairment to the extent permitted by applicable federal
12statutes and regulations safeguarding the confidentiality of
13medical records.
14    An individual licensed under this Code and affected under
15this Section shall be afforded an opportunity to demonstrate to
16the Department that he or she can resume practice in compliance
17with acceptable and prevailing standards under the provisions
18of his or her license.
19(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
 
20    Section 10. The Illinois Roofing Industry Licensing Act is
21amended by changing Section 9.1 as follows:
 
22    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
23    (Section scheduled to be repealed on January 1, 2026)
24    Sec. 9.1. Grounds for disciplinary action.

 

 

HB5973- 19 -LRB099 19442 SMS 43834 b

1    (1) The Department may refuse to issue or to renew, or may
2revoke, suspend, place on probation, reprimand or take other
3disciplinary or non-disciplinary action as the Department may
4deem proper, including fines not to exceed $10,000 for each
5violation, with regard to any license for any one or
6combination of the following:
7        (a) violation of this Act or its rules;
8        (b) conviction or plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or
10    sentencing of any crime, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States that is
14    (i) a felony or (ii) a misdemeanor, an essential element of
15    which is dishonesty or that is directly related to the
16    practice of the profession, and absent mitigating factors
17    and evidence of rehabilitation provided in subsection
18    (1.5) of this Section;
19        (c) fraud or any misrepresentation in applying for or
20    procuring a license under this Act, or in connection with
21    applying for renewal of a license under this Act;
22        (d) professional incompetence or gross negligence in
23    the practice of roofing contracting, prima facie evidence
24    of which may be a conviction or judgment in any court of
25    competent jurisdiction against an applicant or licensee
26    relating to the practice of roofing contracting or the

 

 

HB5973- 20 -LRB099 19442 SMS 43834 b

1    construction of a roof or repair thereof that results in
2    leakage within 90 days after the completion of such work;
3        (e) (blank);
4        (f) aiding or assisting another person in violating any
5    provision of this Act or rules;
6        (g) failing, within 60 days, to provide information in
7    response to a written request made by the Department;
8        (h) engaging in dishonorable, unethical, or
9    unprofessional conduct of a character likely to deceive,
10    defraud, or harm the public;
11        (i) habitual or excessive use or abuse of controlled
12    substances, as defined by the Illinois Controlled
13    Substances Act, alcohol, or any other substance that
14    results in the inability to practice with reasonable
15    judgment, skill, or safety;
16        (j) discipline by another state, unit of government, or
17    government agency, the District of Columbia, a territory,
18    or a foreign nation, if at least one of the grounds for the
19    discipline is the same or substantially equivalent to those
20    set forth in this Section;
21        (k) directly or indirectly giving to or receiving from
22    any person, firm, corporation, partnership, or association
23    any fee, commission, rebate, or other form of compensation
24    for any professional services not actually or personally
25    rendered;
26        (l) a finding by the Department that the licensee,

 

 

HB5973- 21 -LRB099 19442 SMS 43834 b

1    after having his or her license disciplined, has violated
2    the terms of the discipline;
3        (m) a finding by any court of competent jurisdiction,
4    either within or without this State, of any violation of
5    any law governing the practice of roofing contracting, if
6    the Department determines, after investigation, that such
7    person has not been sufficiently rehabilitated to warrant
8    the public trust;
9        (n) willfully making or filing false records or reports
10    in the practice of roofing contracting, including, but not
11    limited to, false records filed with the State agencies or
12    departments;
13        (o) practicing, attempting to practice, or advertising
14    under a name other than the full name as shown on the
15    license or any other legally authorized name;
16        (p) gross and willful overcharging for professional
17    services including filing false statements for collection
18    of fees or monies for which services are not rendered;
19        (q) (blank);
20        (r) (blank);
21        (s) failure to continue to meet the requirements of
22    this Act shall be deemed a violation;
23        (t) physical or mental disability, including
24    deterioration through the aging process or loss of
25    abilities and skills that result in an inability to
26    practice the profession with reasonable judgment, skill,

 

 

HB5973- 22 -LRB099 19442 SMS 43834 b

1    or safety;
2        (u) material misstatement in furnishing information to
3    the Department or to any other State agency;
4        (v) (blank);
5        (w) advertising in any manner that is false,
6    misleading, or deceptive;
7        (x) taking undue advantage of a customer, which results
8    in the perpetration of a fraud;
9        (y) performing any act or practice that is a violation
10    of the Consumer Fraud and Deceptive Business Practices Act;
11        (z) engaging in the practice of roofing contracting, as
12    defined in this Act, with a suspended, revoked, or
13    cancelled license;
14        (aa) treating any person differently to the person's
15    detriment because of race, color, creed, gender, age,
16    religion, or national origin;
17        (bb) knowingly making any false statement, oral,
18    written, or otherwise, of a character likely to influence,
19    persuade, or induce others in the course of obtaining or
20    performing roofing contracting services;
21        (cc) violation of any final administrative action of
22    the Secretary;
23        (dd) allowing the use of his or her roofing license by
24    an unlicensed roofing contractor for the purposes of
25    providing roofing or waterproofing services; or
26        (ee) (blank);

 

 

HB5973- 23 -LRB099 19442 SMS 43834 b

1        (ff) cheating or attempting to subvert a licensing
2    examination administered under this Act; or
3        (gg) use of a license to permit or enable an unlicensed
4    person to provide roofing contractor services.
5    (1.5) When issuing a license, the Department may consider
6an applicant's conviction or convictions but a prior conviction
7or convictions alone may not be the basis for refusing to issue
8a license unless the crime for which he or she was convicted
9substantially and directly relates to the occupation for which
10the license is sought.
11    If the conviction or convictions are used as a basis for
12rejection of an application, it must be in writing and
13specifically state the evidence presented and reasons for
14rejection, which must be substantially and directly related to
15the licensed activity. The Department must consider:
16        (a) the bearing, if any, the criminal offenses or
17    offenses for which the person was previously convicted will
18    have on his or her fitness or ability to perform one or
19    more such duties and responsibilities;
20        (b) the time which has elapsed since the occurrence of
21    the criminal offense or offenses;
22        (c) the age of the person at the time of occurrence of
23    the criminal offense or offenses;
24        (d) the seriousness of the offense or offenses; and
25        (e) any information produced by the person or produced
26    on his or her behalf in regard to his or her rehabilitation

 

 

HB5973- 24 -LRB099 19442 SMS 43834 b

1    and good conduct that creates a presumption of
2    rehabilitation.
3    For the purpose of issuance, renewal, or restoration of a
4license, completion of a sentence of imprisonment or discharge
5from probation, conditional discharge from probation, or
6periodic imprisonment shall be treated as evidence of
7rehabilitation so that all license rights and privileges
8granted under this Act, under consideration for issuance, or
9formerly revoked or suspended because of conviction of an
10offense are automatically restored unless the Department finds
11after investigation and consideration of guidelines provided
12in items (1) through (4) of this subsection (1.5) that
13restoration is not in the public interest.
14    The Department shall not consider non-conviction records,
15convictions that did not result in incarceration, or
16convictions unrelated to the capacity to serve the public.
17    (2) The determination by a circuit court that a license
18holder is subject to involuntary admission or judicial
19admission, as provided in the Mental Health and Developmental
20Disabilities Code, operates as an automatic suspension. Such
21suspension will end only upon a finding by a court that the
22patient is no longer subject to involuntary admission or
23judicial admission, an order by the court so finding and
24discharging the patient, and the recommendation of the Board to
25the Director that the license holder be allowed to resume his
26or her practice.

 

 

HB5973- 25 -LRB099 19442 SMS 43834 b

1    (3) The Department may refuse to issue or take disciplinary
2action concerning the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Department of Revenue, until such time as the requirements of
7any such tax Act are satisfied as determined by the Department
8of Revenue.
9    (4) In enforcing this Section, the Department, upon a
10showing of a possible violation, may compel any individual who
11is licensed under this Act or any individual who has applied
12for licensure to submit to a mental or physical examination or
13evaluation, or both, which may include a substance abuse or
14sexual offender evaluation, at the expense of the Department.
15The Department shall specifically designate the examining
16physician licensed to practice medicine in all of its branches
17or, if applicable, the multidisciplinary team involved in
18providing the mental or physical examination and evaluation.
19The multidisciplinary team shall be led by a physician licensed
20to practice medicine in all of its branches and may consist of
21one or more or a combination of physicians licensed to practice
22medicine in all of its branches, licensed chiropractic
23physicians, licensed clinical psychologists, licensed clinical
24social workers, licensed clinical professional counselors, and
25other professional and administrative staff. Any examining
26physician or member of the multidisciplinary team may require

 

 

HB5973- 26 -LRB099 19442 SMS 43834 b

1any person ordered to submit to an examination and evaluation
2pursuant to this Section to submit to any additional
3supplemental testing deemed necessary to complete any
4examination or evaluation process, including, but not limited
5to, blood testing, urinalysis, psychological testing, or
6neuropsychological testing.
7    (5) The Department may order the examining physician or any
8member of the multidisciplinary team to provide to the
9Department any and all records, including business records,
10that relate to the examination and evaluation, including any
11supplemental testing performed. The Department may order the
12examining physician or any member of the multidisciplinary team
13to present testimony concerning this examination and
14evaluation of the licensee or applicant, including testimony
15concerning any supplemental testing or documents relating to
16the examination and evaluation. No information, report,
17record, or other documents in any way related to the
18examination and evaluation shall be excluded by reason of any
19common law or statutory privilege relating to communication
20between the licensee or applicant and the examining physician
21or any member of the multidisciplinary team. No authorization
22is necessary from the licensee or applicant ordered to undergo
23an evaluation and examination for the examining physician or
24any member of the multidisciplinary team to provide
25information, reports, records, or other documents or to provide
26any testimony regarding the examination and evaluation. The

 

 

HB5973- 27 -LRB099 19442 SMS 43834 b

1individual to be examined may have, at his or her own expense,
2another physician of his or her choice present during all
3aspects of the examination.
4    (6) Failure of any individual to submit to mental or
5physical examination or evaluation, or both, when directed,
6shall result in an automatic suspension without hearing until
7such time as the individual submits to the examination. If the
8Department finds a licensee unable to practice because of the
9reasons set forth in this Section, the Department shall require
10the licensee to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition for continued, reinstated, or renewed licensure.
13    (7) When the Secretary immediately suspends a license under
14this Section, a hearing upon such person's license must be
15convened by the Department within 15 days after the suspension
16and completed without appreciable delay. The Department shall
17have the authority to review the licensee's record of treatment
18and counseling regarding the impairment to the extent permitted
19by applicable federal statutes and regulations safeguarding
20the confidentiality of medical records.
21    (8) Licensees affected under this Section shall be afforded
22an opportunity to demonstrate to the Department that they can
23resume practice in compliance with acceptable and prevailing
24standards under the provisions of their license.
25    (9) The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an

 

 

HB5973- 28 -LRB099 19442 SMS 43834 b

1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with paragraph (5) of
4subsection (a) of Section 2105-15 of the Department of
5Professional Regulation Law of the Civil Administrative Code of
6Illinois.
7    (10) In cases where the Department of Healthcare and Family
8Services has previously determined a licensee or a potential
9licensee is more than 30 days delinquent in the payment of
10child support and has subsequently certified the delinquency to
11the Department, the Department may refuse to issue or renew or
12may revoke or suspend that person's license or may take other
13disciplinary action against that person based solely upon the
14certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with paragraph (5)
16of subsection (a) of Section 2105-15 of the Department of
17Professional Regulation Law of the Civil Administrative Code of
18Illinois unless, upon notification, the licensee demonstrates
19an inability to pay and agrees to enter into a reasonable
20payment plan.
21    Notwithstanding the provisions of this subsection, the
22Department may not refuse to issue a license to a potential
23licensee who is an obligor because the obligor's child support
24arrearage equals or exceeds the amount of child support payable
25for 6 months. When an occupational license is issued to an
26applicant to whom this paragraph applies, the Department shall

 

 

HB5973- 29 -LRB099 19442 SMS 43834 b

1send a written notice to the obligor following the issuance of
2a license, advising the obligor that they obligor's license may
3be revoked or suspended unless within 30 days of the postmarked
4date of the notice, the obligor demonstrates an previous
5inability to pay and enters into a reasonable payment plan.
6    The changes to this Act made by this amendatory Act of 1997
7apply only to disciplinary actions relating to events occurring
8after the effective date of this amendatory Act of 1997.
9(Source: P.A. 99-469, eff. 8-26-15.)
 
10    Section 15. The Barber, Cosmetology, Esthetics, Hair
11Braiding, and Nail Technology Act of 1985 is amended by
12changing Section 4-7 as follows:
 
13    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
14    (Section scheduled to be repealed on January 1, 2026)
15    Sec. 4-7. Refusal, suspension and revocation of licenses;
16causes; disciplinary action.
17    (1) The Department may refuse to issue or renew, and may
18suspend, revoke, place on probation, reprimand or take any
19other disciplinary or non-disciplinary action as the
20Department may deem proper, including civil penalties not to
21exceed $500 for each violation, with regard to any license for
22any one, or any combination, of the following causes:
23        a. Conviction of any crime under the laws of the United
24    States or any state or territory thereof that is (i) a

 

 

HB5973- 30 -LRB099 19442 SMS 43834 b

1    felony, (ii) a misdemeanor, an essential element of which
2    is dishonesty, or (iii) a crime which is related to the
3    practice of the profession, and absent mitigating factors
4    and evidence of rehabilitation provided in subsection
5    (1.5) of this Section.
6        b. Conviction of any of the violations listed in
7    Section 4-20.
8        c. Material misstatement in furnishing information to
9    the Department.
10        d. Making any misrepresentation for the purpose of
11    obtaining a license or violating any provision of this Act
12    or its rules.
13        e. Aiding or assisting another person in violating any
14    provision of this Act or its rules.
15        f. Failing, within 60 days, to provide information in
16    response to a written request made by the Department.
17        g. Discipline by another state, territory, or country
18    if at least one of the grounds for the discipline is the
19    same as or substantially equivalent to those set forth in
20    this Act.
21        h. Practice in the barber, nail technology, esthetics,
22    hair braiding, or cosmetology profession, or an attempt to
23    practice in those professions, by fraudulent
24    misrepresentation.
25        i. Gross malpractice or gross incompetency.
26        j. Continued practice by a person knowingly having an

 

 

HB5973- 31 -LRB099 19442 SMS 43834 b

1    infectious or contagious disease.
2        k. Solicitation of professional services by using
3    false or misleading advertising.
4        l. A finding by the Department that the licensee, after
5    having his or her license placed on probationary status,
6    has violated the terms of probation.
7        m. Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership or association
9    any fee, commission, rebate, or other form of compensation
10    for any professional services not actually or personally
11    rendered.
12        n. Violating any of the provisions of this Act or rules
13    adopted pursuant to this Act.
14        o. Willfully making or filing false records or reports
15    relating to a licensee's practice, including but not
16    limited to, false records filed with State agencies or
17    departments.
18        p. Habitual or excessive use or addiction to alcohol,
19    narcotics, stimulants, or any other chemical agent or drug
20    that results in the inability to practice with reasonable
21    judgment, skill or safety.
22        q. Engaging in dishonorable, unethical or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public as may be defined by rules of
25    the Department, or violating the rules of professional
26    conduct which may be adopted by the Department.

 

 

HB5973- 32 -LRB099 19442 SMS 43834 b

1        r. Permitting any person to use for any unlawful or
2    fraudulent purpose one's diploma or license or certificate
3    of registration as a cosmetologist, nail technician,
4    esthetician, hair braider, or barber or cosmetology, nail
5    technology, esthetics, hair braiding, or barber teacher or
6    salon or shop or cosmetology clinic teacher.
7        s. Being named as a perpetrator in an indicated report
8    by the Department of Children and Family Services under the
9    Abused and Neglected Child Reporting Act and upon proof by
10    clear and convincing evidence that the licensee has caused
11    a child to be an abused child or neglected child as defined
12    in the Abused and Neglected Child Reporting Act.
13        t. Operating a salon or shop without a valid
14    registration.
15        u. Failure to complete required continuing education
16    hours.
17    (1.5) When issuing a license, the Department may consider
18an applicant's conviction or convictions but a prior conviction
19or convictions alone may not be the basis for refusing to issue
20a license unless the crime for which he or she was convicted
21substantially and directly relates to the occupation for which
22the license is sought.
23    If the conviction or convictions are used as a basis for
24rejection of an application, it must be in writing and
25specifically state the evidence presented and reasons for
26rejection, which must be substantially and directly related to

 

 

HB5973- 33 -LRB099 19442 SMS 43834 b

1the licensed activity. The Department must consider:
2        (a) the bearing, if any, the criminal offenses or
3    offenses for which the person was previously convicted will
4    have on his or her fitness or ability to perform one or
5    more such duties and responsibilities;
6        (b) the time which has elapsed since the occurrence of
7    the criminal offense or offenses;
8        (c) the age of the person at the time of occurrence of
9    the criminal offense or offenses;
10        (d) the seriousness of the offense or offenses; and
11        (e)any information produced by the person or produced
12    on his or her behalf in regard to his or her rehabilitation
13    and good conduct that creates a presumption of
14    rehabilitation.
15    For the purpose of issuance, renewal, or restoration of a
16license, completion of a sentence of imprisonment or discharge
17from probation, conditional discharge from probation, or
18periodic imprisonment shall be treated as evidence of
19rehabilitation so that all license rights and privileges
20granted under this Act, under consideration for issuance, or
21formerly revoked or suspended because of conviction of an
22offense are automatically restored unless the Department finds
23after investigation and consideration of guidelines provided
24in items (1) through (4) of this subsection (1.5) that
25restoration is not in the public interest.
26    The Department shall not consider non-conviction records,

 

 

HB5973- 34 -LRB099 19442 SMS 43834 b

1convictions that did not result in incarceration, or
2convictions unrelated to the capacity to serve the public.
3    (2) In rendering an order, the Secretary shall take into
4consideration the facts and circumstances involving the type of
5acts or omissions in paragraph (1) of this Section including,
6but not limited to:
7        (a) the extent to which public confidence in the
8    cosmetology, nail technology, esthetics, hair braiding, or
9    barbering profession was, might have been, or may be,
10    injured;
11        (b) the degree of trust and dependence among the
12    involved parties;
13        (c) the character and degree of harm which did result
14    or might have resulted;
15        (d) the intent or mental state of the licensee at the
16    time of the acts or omissions.
17    (3) The Department may reissue the license or registration
18upon certification by the Board that the disciplined licensee
19or registrant has complied with all of the terms and conditions
20set forth in the final order or has been sufficiently
21rehabilitated to warrant the public trust.
22    (4) The Department shall refuse to issue or renew or
23suspend without hearing the license or certificate of
24registration of any person who fails to file a return, or to
25pay the tax, penalty or interest shown in a filed return, or to
26pay any final assessment of tax, penalty or interest, as

 

 

HB5973- 35 -LRB099 19442 SMS 43834 b

1required by any tax Act administered by the Illinois Department
2of Revenue, until such time as the requirements of any such tax
3Act are satisfied as determined by the Department of Revenue.
4    (5) The Department shall deny without hearing any
5application for a license or renewal of a license under this
6Act by a person who has defaulted on an educational loan
7guaranteed by the Illinois Student Assistance Commission;
8however, the Department may issue or renew a license if the
9person in default has established a satisfactory repayment
10record as determined by the Illinois Student Assistance
11Commission.
12    (6) All fines imposed under this Section shall be paid
13within 60 days after the effective date of the order imposing
14the fine or in accordance with the terms set forth in the order
15imposing the fine.
16    (7) In cases where the Department of Healthcare and Family
17Services (formerly Department of Public Aid) has previously
18determined that a licensee or a potential licensee is more than
1930 days delinquent in the payment of child support and has
20subsequently certified the delinquency to the Department, the
21Department may refuse to issue or renew or may revoke or
22suspend that person's license or may take other disciplinary or
23non-disciplinary action against that person based upon the
24certification of delinquency made by the Department of
25Healthcare and Family Services in accordance with item (5) of
26subsection (a) of Section 2105-15 of the Department of

 

 

HB5973- 36 -LRB099 19442 SMS 43834 b

1Professional Law of the Civil Administrative Code of Illinois
2unless, upon notification, the licensee demonstrates an
3inability to pay and agrees to enter into a reasonable payment
4plan.
5    Notwithstanding the provisions of this subsection (7), the
6Department may not refuse to issue a license to a potential
7licensee who is an obligor because the obligor's child support
8arrearage equals or exceeds the amount of child support payable
9for 6 months. When an occupational license is issued to an
10applicant to whom this paragraph applies, the Department shall
11send a written notice to the obligor following the issuance of
12a license, advising the obligor that the obligor's license may
13be revoked or suspended unless within 30 days of the postmarked
14date of the notice, the obligor demonstrates the inability to
15pay and enters into a reasonable payment plan.
16(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
17    Section 20. The Illinois Public Accounting Act is amended
18by changing Section 20.01 as follows:
 
19    (225 ILCS 450/20.01)  (from Ch. 111, par. 5521.01)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 20.01. Grounds for discipline; license or
22registration.
23    (a) The Department may refuse to issue or renew, or may
24revoke, suspend, or reprimand any registration or registrant,

 

 

HB5973- 37 -LRB099 19442 SMS 43834 b

1any license or licensee, place a licensee or registrant on
2probation for a period of time subject to any conditions the
3Department may specify including requiring the licensee or
4registrant to attend continuing education courses or to work
5under the supervision of another licensee or registrant, impose
6a fine not to exceed $10,000 for each violation, restrict the
7authorized scope of practice, require a licensee or registrant
8to undergo a peer review program, assess costs as provided for
9under Section 20.4, or take other disciplinary or
10non-disciplinary action for any one or more of the following:
11        (1) Violation of any provision of this Act or rule
12    adopted by the Department under this Act or violation of
13    professional standards.
14        (2) Dishonesty, fraud, or deceit in obtaining,
15    reinstating, or restoring a license or registration.
16        (3) Cancellation, revocation, suspension, denial of
17    licensure or registration, or refusal to renew a license or
18    privileges under Section 5.2 for disciplinary reasons in
19    any other U.S. jurisdiction, unit of government, or
20    government agency for any cause.
21        (4) Failure, on the part of a licensee under Section 13
22    or registrant under Section 16, to maintain compliance with
23    the requirements for issuance or renewal of a license or
24    registration or to report changes to the Department.
25        (5) Revocation or suspension of the right to practice
26    by or before any state or federal regulatory authority or

 

 

HB5973- 38 -LRB099 19442 SMS 43834 b

1    by the Public Company Accounting Oversight Board.
2        (6) Dishonesty, fraud, deceit, or gross negligence in
3    the performance of services as a licensee or registrant or
4    individual granted privileges under Section 5.2.
5        (7) Conviction by plea of guilty or nolo contendere,
6    finding of guilt, jury verdict, or entry of judgment or
7    sentencing, including, but not limited to, convictions,
8    preceding sentences of supervision, conditional discharge,
9    or first offender probation, under the laws of any
10    jurisdiction of the United States that is (i) a felony or
11    (ii) a misdemeanor, an essential element of which is
12    dishonesty, or that is directly related to the practice of
13    public accounting, and absent mitigating factors and
14    evidence of rehabilitation provided in subsection (a-5) of
15    this Section.
16        (8) Performance of any fraudulent act while holding a
17    license or privilege issued under this Act or prior law.
18        (9) Practicing on a revoked, suspended, or inactive
19    license or registration.
20        (10) Making or filing a report or record that the
21    registrant or licensee knows to be false, willfully failing
22    to file a report or record required by State or federal
23    law, willfully impeding or obstructing the filing or
24    inducing another person to impede or obstruct only those
25    that are signed in the capacity of a licensed CPA or a
26    registered CPA.

 

 

HB5973- 39 -LRB099 19442 SMS 43834 b

1        (11) Aiding or assisting another person in violating
2    any provision of this Act or rules promulgated hereunder.
3        (12) Engaging in dishonorable, unethical, or
4    unprofessional conduct of a character likely to deceive,
5    defraud, or harm the public.
6        (13) Habitual or excessive use or abuse of drugs,
7    alcohol, narcotics, stimulants, or any other substance
8    that results in the inability to practice with reasonable
9    skill, judgment, or safety.
10        (14) Directly or indirectly giving to or receiving from
11    any person, firm, corporation, partnership, or association
12    any fee, commission, rebate, or other form of compensation
13    for any professional service not actually rendered.
14        (15) Physical illness, including, but not limited to,
15    deterioration through the aging process or loss of motor
16    skill that results in the licensee or registrant's
17    inability to practice under this Act with reasonable
18    judgment, skill, or safety.
19        (16) Solicitation of professional services by using
20    false or misleading advertising.
21        (17) Any conduct reflecting adversely upon the
22    licensee's fitness to perform services while a licensee or
23    individual granted privileges under Section 5.2.
24        (18) Practicing or attempting to practice under a name
25    other than the full name as shown on the license or
26    registration or any other legally authorized name.

 

 

HB5973- 40 -LRB099 19442 SMS 43834 b

1        (19) A finding by the Department that a licensee or
2    registrant has not complied with a provision of any lawful
3    order issued by the Department.
4        (20) Making a false statement to the Department
5    regarding compliance with continuing professional
6    education or peer review requirements.
7        (21) Failing to make a substantive response to a
8    request for information by the Department within 30 days of
9    the request.
10    (a-5) When issuing a license, the Department may consider
11an applicant's conviction or convictions but a prior conviction
12or convictions alone may not be the basis for refusing to issue
13a license unless the crime for which he or she was convicted
14substantially and directly relates to the occupation for which
15the license is sought.
16    If the conviction or convictions are used as a basis for
17rejection of an application, it must be in writing and
18specifically state the evidence presented and reasons for
19rejection, which must be substantially and directly related to
20the licensed activity. The Department must consider:
21        (1) the bearing, if any, the criminal offenses or
22    offenses for which the person was previously convicted will
23    have on his or her fitness or ability to perform one or
24    more such duties and responsibilities;
25        (2) the time which has elapsed since the occurrence of
26    the criminal offense or offenses;

 

 

HB5973- 41 -LRB099 19442 SMS 43834 b

1        (3) the age of the person at the time of occurrence of
2    the criminal offense or offenses;
3        (4) the seriousness of the offense or offenses; and
4        (5) any information produced by the person or produced
5    on his or her behalf in regard to his or her rehabilitation
6    and good conduct that creates a presumption of
7    rehabilitation.
8    For the purpose of issuance, renewal, or restoration of a
9license, completion of a sentence of imprisonment or discharge
10from probation, conditional discharge from probation, or
11periodic imprisonment shall be treated as evidence of
12rehabilitation so that all license rights and privileges
13granted under this Act, under consideration for issuance, or
14formerly revoked or suspended because of conviction of an
15offense are automatically restored unless the Department finds
16after investigation and consideration of guidelines provided
17in items (1) through (4) of this subsection (a-5) that
18restoration is not in the public interest.
19    The Department shall not consider non-conviction records,
20convictions that did not result in incarceration, or
21convictions unrelated to the capacity to serve the public.
22    (b) (Blank).
23    (b-5) All fines or costs imposed under this Section shall
24be paid within 60 days after the effective date of the order
25imposing the fine or costs or in accordance with the terms set
26forth in the order imposing the fine or cost.

 

 

HB5973- 42 -LRB099 19442 SMS 43834 b

1    (c) In cases where the Department of Healthcare and Family
2Services has previously determined a licensee or a potential
3licensee is more than 30 days delinquent in the payment of
4child support and has subsequently certified the delinquency to
5the Department, the Department may refuse to issue or renew or
6may revoke or suspend that person's license or may take other
7disciplinary or non-disciplinary action against that person
8based solely upon the certification of delinquency made by the
9Department of Healthcare and Family Services in accordance with
10item (5) of subsection (a) of Section 2105-15 of the Department
11of Professional Regulation Law of the Civil Administrative Code
12of Illinois unless, upon notification, the licensee
13demonstrates an inability to pay and agrees to enter into a
14reasonable payment plan.
15    Notwithstanding the provisions of this subsection, the
16Department may not refuse to issue a license to a potential
17licensee who is an obligor because the obligor's child support
18arrearage equals or exceeds the amount of child support payable
19for 6 months. When an occupational license is issued to an
20applicant to this paragraph applies, the Department shall send
21a written notice to the obligor following the issuance of a
22license, advising the obligor that they obligor's license may
23be revoked or suspended unless within 30 days of the postmarked
24date of the notice, the obligor demonstrates an previous
25inability to pay and enters into a reasonable payment plan.
26    (d) The Department may refuse to issue or may suspend

 

 

HB5973- 43 -LRB099 19442 SMS 43834 b

1without hearing, as provided for in the Code of Civil
2Procedure, the license or registration of any person who fails
3to file a return, to pay a tax, penalty, or interest shown in a
4filed return, or to pay any final assessment of tax, penalty,
5or interest, as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (g) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois.
11    (e) The Department shall deny any application for a
12license, registration, or renewal, without hearing, to any
13person who has defaulted on an educational loan guaranteed by
14the Illinois Student Assistance Commission; however, the
15Department may issue a license, registration, or renewal if the
16person in default has established a satisfactory repayment
17record as determined by the Illinois Student Assistance
18Commission.
19    (f) The determination by a court that a licensee or
20registrant is subject to involuntary admission or judicial
21admission as provided in the Mental Health and Developmental
22Disabilities Code will result in the automatic suspension of
23his or her license or registration. The licensee or registrant
24shall be responsible for notifying the Department of the
25determination by the court that the licensee or registrant is
26subject to involuntary admission or judicial admission as

 

 

HB5973- 44 -LRB099 19442 SMS 43834 b

1provided in the Mental Health and Developmental Disabilities
2Code. The suspension shall end only upon a finding by a court
3that the patient is no longer subject to involuntary admission
4or judicial admission, the issuance of an order so finding and
5discharging the patient, and the filing of a petition for
6restoration demonstrating fitness to practice.
7    (g) In enforcing this Section, the Department, upon a
8showing of a possible violation, may compel, any licensee or
9registrant or any individual who has applied for licensure
10under this Act, to submit to a mental or physical examination
11and evaluation, or both, which may include a substance abuse or
12sexual offender evaluation, at the expense of the Department.
13The Department shall specifically designate the examining
14physician licensed to practice medicine in all of its branches
15or, if applicable, the multidisciplinary team involved in
16providing the mental or physical examination and evaluation, or
17both. The multidisciplinary team shall be led by a physician
18licensed to practice medicine in all of its branches and may
19consist of one or more or a combination of physicians licensed
20to practice medicine in all of its branches, licensed
21chiropractic physicians, licensed clinical psychologists,
22licensed clinical social workers, licensed clinical
23professional counselors, and other professional and
24administrative staff. Any examining physician or member of the
25multidisciplinary team may require any person ordered to submit
26to an examination and evaluation under this Section to submit

 

 

HB5973- 45 -LRB099 19442 SMS 43834 b

1to any additional supplemental testing deemed necessary to
2complete any examination or evaluation process, including, but
3not limited to, blood testing, urinalysis, psychological
4testing, or neuropsychological testing. The Department may
5order the examining physician or any member of the
6multidisciplinary team to provide to the Department any and all
7records, including business records, that relate to the
8examination and evaluation, including any supplemental testing
9performed. The Department may order the examining physician or
10any member of the multidisciplinary team to present testimony
11concerning this examination and evaluation of the licensee,
12registrant, or applicant, including testimony concerning any
13supplemental testing or documents relating to the examination
14and evaluation. No information, report, record, or other
15documents in any way related to the examination and evaluation
16shall be excluded by reason of any common law or statutory
17privilege relating to communication between the licensee,
18registrant, or applicant and the examining physician or any
19member of the multidisciplinary team. No authorization is
20necessary from the individual ordered to undergo an evaluation
21and examination for the examining physician or any member of
22the multidisciplinary team to provide information, reports,
23records, or other documents or to provide any testimony
24regarding the examination and evaluation.
25    The individual to be examined may have, at his or her own
26expense, another physician of his or her choice present during

 

 

HB5973- 46 -LRB099 19442 SMS 43834 b

1all aspects of the examination. Failure of any individual to
2submit to mental or physical examination and evaluation, or
3both, when directed, shall result in an automatic suspension,
4without hearing, until such time as the individual submits to
5the examination. If the Department finds a licensee,
6registrant, or applicant unable to practice because of the
7reasons set forth in this Section, the Department shall require
8such licensee, registrant, or applicant to submit to care,
9counseling, or treatment by physicians approved or designated
10by the Department, as a condition for continued, reinstated, or
11renewed licensure to practice.
12    When the Secretary immediately suspends a license or
13registration under this Section, a hearing upon such person's
14license or registration must be convened by the Department
15within 15 days after such suspension and completed without
16appreciable delay. The Department shall have the authority to
17review the subject's record of treatment and counseling
18regarding the impairment, to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21    Individuals licensed or registered under this Act,
22affected under this Section, shall be afforded an opportunity
23to demonstrate to the Department that they can resume practice
24in compliance with acceptable and prevailing standards under
25the provisions of their license or registration.
26(Source: P.A. 98-254, eff. 8-9-13.)
 

 

 

HB5973- 47 -LRB099 19442 SMS 43834 b

1    Section 25. The Real Estate License Act of 2000 is amended
2by changing Section 20-20 as follows:
 
3    (225 ILCS 454/20-20)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 20-20. Grounds for discipline.
6    (a) The Department may refuse to issue or renew a license,
7may place on probation, suspend, or revoke any license,
8reprimand, or take any other disciplinary or non-disciplinary
9action as the Department may deem proper and impose a fine not
10to exceed $25,000 upon any licensee or applicant under this Act
11or any person who holds himself or herself out as an applicant
12or licensee or against a licensee in handling his or her own
13property, whether held by deed, option, or otherwise, for any
14one or any combination of the following causes:
15        (1) Fraud or misrepresentation in applying for, or
16    procuring, a license under this Act or in connection with
17    applying for renewal of a license under this Act.
18        (2) The conviction of or plea of guilty or plea of nolo
19    contendere to a felony or misdemeanor in this State or any
20    other jurisdiction; or the entry of an administrative
21    sanction by a government agency in this State or any other
22    jurisdiction. Action taken under this paragraph (2) for a
23    misdemeanor or an administrative sanction is limited to a
24    misdemeanor or administrative sanction that has as an

 

 

HB5973- 48 -LRB099 19442 SMS 43834 b

1    essential element dishonesty or fraud or involves larceny,
2    embezzlement, or obtaining money, property, or credit by
3    false pretenses or by means of a confidence game and absent
4    mitigating factors and evidence of rehabilitation provided
5    in Section 5-25 of this Act.
6        (3) Inability to practice the profession with
7    reasonable judgment, skill, or safety as a result of a
8    physical illness, including, but not limited to,
9    deterioration through the aging process or loss of motor
10    skill, or a mental illness or disability.
11        (4) Practice under this Act as a licensee in a retail
12    sales establishment from an office, desk, or space that is
13    not separated from the main retail business by a separate
14    and distinct area within the establishment.
15        (5) Having been disciplined by another state, the
16    District of Columbia, a territory, a foreign nation, or a
17    governmental agency authorized to impose discipline if at
18    least one of the grounds for that discipline is the same as
19    or the equivalent of one of the grounds for which a
20    licensee may be disciplined under this Act. A certified
21    copy of the record of the action by the other state or
22    jurisdiction shall be prima facie evidence thereof.
23        (6) Engaging in the practice of real estate brokerage
24    without a license or after the licensee's license was
25    expired or while the license was inoperative.
26        (7) Cheating on or attempting to subvert the Real

 

 

HB5973- 49 -LRB099 19442 SMS 43834 b

1    Estate License Exam or continuing education exam.
2        (8) Aiding or abetting an applicant to subvert or cheat
3    on the Real Estate License Exam or continuing education
4    exam administered pursuant to this Act.
5        (9) Advertising that is inaccurate, misleading, or
6    contrary to the provisions of the Act.
7        (10) Making any substantial misrepresentation or
8    untruthful advertising.
9        (11) Making any false promises of a character likely to
10    influence, persuade, or induce.
11        (12) Pursuing a continued and flagrant course of
12    misrepresentation or the making of false promises through
13    licensees, employees, agents, advertising, or otherwise.
14        (13) Any misleading or untruthful advertising, or
15    using any trade name or insignia of membership in any real
16    estate organization of which the licensee is not a member.
17        (14) Acting for more than one party in a transaction
18    without providing written notice to all parties for whom
19    the licensee acts.
20        (15) Representing or attempting to represent a broker
21    other than the sponsoring broker.
22        (16) Failure to account for or to remit any moneys or
23    documents coming into his or her possession that belong to
24    others.
25        (17) Failure to maintain and deposit in a special
26    account, separate and apart from personal and other

 

 

HB5973- 50 -LRB099 19442 SMS 43834 b

1    business accounts, all escrow moneys belonging to others
2    entrusted to a licensee while acting as a broker, escrow
3    agent, or temporary custodian of the funds of others or
4    failure to maintain all escrow moneys on deposit in the
5    account until the transactions are consummated or
6    terminated, except to the extent that the moneys, or any
7    part thereof, shall be:
8            (A) disbursed prior to the consummation or
9        termination (i) in accordance with the written
10        direction of the principals to the transaction or their
11        duly authorized agents, (ii) in accordance with
12        directions providing for the release, payment, or
13        distribution of escrow moneys contained in any written
14        contract signed by the principals to the transaction or
15        their duly authorized agents, or (iii) pursuant to an
16        order of a court of competent jurisdiction; or
17            (B) deemed abandoned and transferred to the Office
18        of the State Treasurer to be handled as unclaimed
19        property pursuant to the Uniform Disposition of
20        Unclaimed Property Act. Escrow moneys may be deemed
21        abandoned under this subparagraph (B) only: (i) in the
22        absence of disbursement under subparagraph (A); (ii)
23        in the absence of notice of the filing of any claim in
24        a court of competent jurisdiction; and (iii) if 6
25        months have elapsed after the receipt of a written
26        demand for the escrow moneys from one of the principals

 

 

HB5973- 51 -LRB099 19442 SMS 43834 b

1        to the transaction or the principal's duly authorized
2        agent.
3    The account shall be noninterest bearing, unless the
4    character of the deposit is such that payment of interest
5    thereon is otherwise required by law or unless the
6    principals to the transaction specifically require, in
7    writing, that the deposit be placed in an interest bearing
8    account.
9        (18) Failure to make available to the Department all
10    escrow records and related documents maintained in
11    connection with the practice of real estate within 24 hours
12    of a request for those documents by Department personnel.
13        (19) Failing to furnish copies upon request of
14    documents relating to a real estate transaction to a party
15    who has executed that document.
16        (20) Failure of a sponsoring broker to timely provide
17    information, sponsor cards, or termination of licenses to
18    the Department.
19        (21) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (22) Commingling the money or property of others with
23    his or her own money or property.
24        (23) Employing any person on a purely temporary or
25    single deal basis as a means of evading the law regarding
26    payment of commission to nonlicensees on some contemplated

 

 

HB5973- 52 -LRB099 19442 SMS 43834 b

1    transactions.
2        (24) Permitting the use of his or her license as a
3    broker to enable a leasing agent or unlicensed person to
4    operate a real estate business without actual
5    participation therein and control thereof by the broker.
6        (25) Any other conduct, whether of the same or a
7    different character from that specified in this Section,
8    that constitutes dishonest dealing.
9        (26) Displaying a "for rent" or "for sale" sign on any
10    property without the written consent of an owner or his or
11    her duly authorized agent or advertising by any means that
12    any property is for sale or for rent without the written
13    consent of the owner or his or her authorized agent.
14        (27) Failing to provide information requested by the
15    Department, or otherwise respond to that request, within 30
16    days of the request.
17        (28) Advertising by means of a blind advertisement,
18    except as otherwise permitted in Section 10-30 of this Act.
19        (29) Offering guaranteed sales plans, as defined in
20    clause (A) of this subdivision (29), except to the extent
21    hereinafter set forth:
22            (A) A "guaranteed sales plan" is any real estate
23        purchase or sales plan whereby a licensee enters into a
24        conditional or unconditional written contract with a
25        seller, prior to entering into a brokerage agreement
26        with the seller, by the terms of which a licensee

 

 

HB5973- 53 -LRB099 19442 SMS 43834 b

1        agrees to purchase a property of the seller within a
2        specified period of time at a specific price in the
3        event the property is not sold in accordance with the
4        terms of a brokerage agreement to be entered into
5        between the sponsoring broker and the seller.
6            (B) A licensee offering a guaranteed sales plan
7        shall provide the details and conditions of the plan in
8        writing to the party to whom the plan is offered.
9            (C) A licensee offering a guaranteed sales plan
10        shall provide to the party to whom the plan is offered
11        evidence of sufficient financial resources to satisfy
12        the commitment to purchase undertaken by the broker in
13        the plan.
14            (D) Any licensee offering a guaranteed sales plan
15        shall undertake to market the property of the seller
16        subject to the plan in the same manner in which the
17        broker would market any other property, unless the
18        agreement with the seller provides otherwise.
19            (E) The licensee cannot purchase seller's property
20        until the brokerage agreement has ended according to
21        its terms or is otherwise terminated.
22            (F) Any licensee who fails to perform on a
23        guaranteed sales plan in strict accordance with its
24        terms shall be subject to all the penalties provided in
25        this Act for violations thereof and, in addition, shall
26        be subject to a civil fine payable to the party injured

 

 

HB5973- 54 -LRB099 19442 SMS 43834 b

1        by the default in an amount of up to $25,000.
2        (30) Influencing or attempting to influence, by any
3    words or acts, a prospective seller, purchaser, occupant,
4    landlord, or tenant of real estate, in connection with
5    viewing, buying, or leasing real estate, so as to promote
6    or tend to promote the continuance or maintenance of
7    racially and religiously segregated housing or so as to
8    retard, obstruct, or discourage racially integrated
9    housing on or in any street, block, neighborhood, or
10    community.
11        (31) Engaging in any act that constitutes a violation
12    of any provision of Article 3 of the Illinois Human Rights
13    Act, whether or not a complaint has been filed with or
14    adjudicated by the Human Rights Commission.
15        (32) Inducing any party to a contract of sale or lease
16    or brokerage agreement to break the contract of sale or
17    lease or brokerage agreement for the purpose of
18    substituting, in lieu thereof, a new contract for sale or
19    lease or brokerage agreement with a third party.
20        (33) Negotiating a sale, exchange, or lease of real
21    estate directly with any person if the licensee knows that
22    the person has an exclusive brokerage agreement with
23    another broker, unless specifically authorized by that
24    broker.
25        (34) When a licensee is also an attorney, acting as the
26    attorney for either the buyer or the seller in the same

 

 

HB5973- 55 -LRB099 19442 SMS 43834 b

1    transaction in which the licensee is acting or has acted as
2    a managing broker or broker.
3        (35) Advertising or offering merchandise or services
4    as free if any conditions or obligations necessary for
5    receiving the merchandise or services are not disclosed in
6    the same advertisement or offer. These conditions or
7    obligations include without limitation the requirement
8    that the recipient attend a promotional activity or visit a
9    real estate site. As used in this subdivision (35), "free"
10    includes terms such as "award", "prize", "no charge", "free
11    of charge", "without charge", and similar words or phrases
12    that reasonably lead a person to believe that he or she may
13    receive or has been selected to receive something of value,
14    without any conditions or obligations on the part of the
15    recipient.
16        (36) Disregarding or violating any provision of the
17    Land Sales Registration Act of 1989, the Illinois Real
18    Estate Time-Share Act, or the published rules promulgated
19    by the Department to enforce those Acts.
20        (37) Violating the terms of a disciplinary order issued
21    by the Department.
22        (38) Paying or failing to disclose compensation in
23    violation of Article 10 of this Act.
24        (39) Requiring a party to a transaction who is not a
25    client of the licensee to allow the licensee to retain a
26    portion of the escrow moneys for payment of the licensee's

 

 

HB5973- 56 -LRB099 19442 SMS 43834 b

1    commission or expenses as a condition for release of the
2    escrow moneys to that party.
3        (40) Disregarding or violating any provision of this
4    Act or the published rules promulgated by the Department to
5    enforce this Act or aiding or abetting any individual,
6    partnership, registered limited liability partnership,
7    limited liability company, or corporation in disregarding
8    any provision of this Act or the published rules
9    promulgated by the Department to enforce this Act.
10        (41) Failing to provide the minimum services required
11    by Section 15-75 of this Act when acting under an exclusive
12    brokerage agreement.
13        (42) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug
15    that results in a managing broker, broker, or leasing
16    agent's inability to practice with reasonable skill or
17    safety.
18        (43) Enabling, aiding, or abetting an auctioneer, as
19    defined in the Auction License Act, to conduct a real
20    estate auction in a manner that is in violation of this
21    Act.
22    (a-5) When issuing a license, the Department may consider
23an applicant's conviction or convictions but a prior conviction
24or convictions alone may not be the basis for refusing to issue
25a license unless the crime for which he or she was convicted
26substantially and directly relates to the occupation for which

 

 

HB5973- 57 -LRB099 19442 SMS 43834 b

1the license is sought.
2    If the conviction or convictions are used as a basis for
3rejection of an application, it must be in writing and
4specifically state the evidence presented and reasons for
5rejection, which must be substantially and directly related to
6the licensed activity. The Department must consider:
7        (1) the bearing, if any, the criminal offenses or
8    offenses for which the person was previously convicted will
9    have on his or her fitness or ability to perform one or
10    more such duties and responsibilities;
11        (2) the time which has elapsed since the occurrence of
12    the criminal offense or offenses;
13        (3) the age of the person at the time of occurrence of
14    the criminal offense or offenses;
15        (4) the seriousness of the offense or offenses; and
16        (5) any information produced by the person or produced
17    on his or her behalf in regard to his or her rehabilitation
18    and good conduct that creates a presumption of
19    rehabilitation.
20    For the purpose of issuance, renewal, or restoration of a
21license, completion of a sentence of imprisonment or discharge
22from probation, conditional discharge from probation, or
23periodic imprisonment shall be treated as evidence of
24rehabilitation so that all license rights and privileges
25granted under this Act, under consideration for issuance, or
26formerly revoked or suspended because of conviction of an

 

 

HB5973- 58 -LRB099 19442 SMS 43834 b

1offense are automatically restored unless the Department finds
2after investigation and consideration of guidelines provided
3in items (1) through (4) of this subsection (a-5) that
4restoration is not in the public interest.
5    The Department shall not consider non-conviction records,
6convictions that did not result in incarceration, or
7convictions unrelated to the capacity to serve the public.
8    (b) The Department may refuse to issue or renew or may
9suspend the license of any person who fails to file a return,
10pay the tax, penalty or interest shown in a filed return, or
11pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Department of
13Revenue, until such time as the requirements of that tax Act
14are satisfied in accordance with subsection (g) of Section
152105-15 of the Civil Administrative Code of Illinois.
16    (c) The Department shall deny a license or renewal
17authorized by this Act to a person who has defaulted on an
18educational loan or scholarship provided or guaranteed by the
19Illinois Student Assistance Commission or any governmental
20agency of this State in accordance with item (5) of subsection
21(a) of Section 2105-15 of the Civil Administrative Code of
22Illinois.
23    (d) In cases where the Department of Healthcare and Family
24Services (formerly Department of Public Aid) has previously
25determined that a licensee or a potential licensee is more than
2630 days delinquent in the payment of child support and has

 

 

HB5973- 59 -LRB099 19442 SMS 43834 b

1subsequently certified the delinquency to the Department may
2refuse to issue or renew or may revoke or suspend that person's
3license or may take other disciplinary action against that
4person based solely upon the certification of delinquency made
5by the Department of Healthcare and Family Services in
6accordance with item (5) of subsection (a) of Section 2105-15
7of the Civil Administrative Code of Illinois unless, upon
8notification, the licensee demonstrates an inability to pay and
9agrees to enter into a reasonable payment plan.
10    Notwithstanding the provisions of this subsection, the
11Department may not refuse to issue a license to a potential
12licensee who is an obligor because the obligor's child support
13arrearage equals or exceeds the amount of child support payable
14for 6 months. When an occupational license is issued to an
15applicant to whom this paragraph applies, the Department shall
16send a written notice to the obligor following the issuance of
17a license, advising the obligor that they obligor's license may
18be revoked or suspended unless within 30 days of the postmarked
19date of the notice, the obligor demonstrates an previous
20inability to pay and enters into a reasonable payment plan.
21    (e) In enforcing this Section, the Department or Board upon
22a showing of a possible violation may compel an individual
23licensed to practice under this Act, or who has applied for
24licensure under this Act, to submit to a mental or physical
25examination, or both, as required by and at the expense of the
26Department. The Department or Board may order the examining

 

 

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1physician to present testimony concerning the mental or
2physical examination of the licensee or applicant. No
3information shall be excluded by reason of any common law or
4statutory privilege relating to communications between the
5licensee or applicant and the examining physician. The
6examining physicians shall be specifically designated by the
7Board or Department. The individual to be examined may have, at
8his or her own expense, another physician of his or her choice
9present during all aspects of this examination. Failure of an
10individual to submit to a mental or physical examination, when
11directed, shall be grounds for suspension of his or her license
12until the individual submits to the examination if the
13Department finds, after notice and hearing, that the refusal to
14submit to the examination was without reasonable cause.
15    If the Department or Board finds an individual unable to
16practice because of the reasons set forth in this Section, the
17Department or Board may require that individual to submit to
18care, counseling, or treatment by physicians approved or
19designated by the Department or Board, as a condition, term, or
20restriction for continued, reinstated, or renewed licensure to
21practice; or, in lieu of care, counseling, or treatment, the
22Department may file, or the Board may recommend to the
23Department to file, a complaint to immediately suspend, revoke,
24or otherwise discipline the license of the individual. An
25individual whose license was granted, continued, reinstated,
26renewed, disciplined or supervised subject to such terms,

 

 

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1conditions, or restrictions, and who fails to comply with such
2terms, conditions, or restrictions, shall be referred to the
3Secretary for a determination as to whether the individual
4shall have his or her license suspended immediately, pending a
5hearing by the Department.
6    In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department within 30 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department or Board that he or she can resume practice in
18compliance with acceptable and prevailing standards under the
19provisions of his or her license.
20(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
2199-227, eff. 8-3-15.)