Illinois General Assembly - Full Text of SB2236
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Full Text of SB2236  99th General Assembly

SB2236sam001 99TH GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 3/2/2016

 

 


 

 


 
09900SB2236sam001LRB099 17046 SMS 44539 a

1
AMENDMENT TO SENATE BILL 2236

2    AMENDMENT NO. ______. Amend Senate Bill 2236 on page 24,
3immediately below line 3, by inserting the following:
 
4    "Section 23. The Illinois Athletic Trainers Practice Act is
5amended by changing Section 16 as follows:
 
6    (225 ILCS 5/16)  (from Ch. 111, par. 7616)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 16. Grounds for discipline.
9    (1) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary action as the Department may deem proper,
12including fines not to exceed $10,000 for each violation, with
13regard to any licensee for any one or combination of the
14following:
15        (A) Material misstatement in furnishing information to
16    the Department;

 

 

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1        (B) Violations of this Act, or of the rules or
2    regulations promulgated hereunder;
3        (C) Conviction of or plea of guilty to any crime under
4    the Criminal Code of 2012 or the laws of any jurisdiction
5    of the United States that is (i) a felony, (ii) a
6    misdemeanor, an essential element of which is dishonesty,
7    or (iii) of any crime that is directly related to the
8    practice of the profession;
9        (D) Fraud or any misrepresentation in applying for or
10    procuring a license under this Act, or in connection with
11    applying for renewal of a license under this Act;
12        (E) Professional incompetence or gross negligence;
13        (F) Malpractice;
14        (G) Aiding or assisting another person, firm,
15    partnership, or corporation in violating any provision of
16    this Act or rules;
17        (H) Failing, within 60 days, to provide information in
18    response to a written request made by the Department;
19        (I) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud or harm the public;
22        (J) Habitual or excessive use or abuse of drugs defined
23    in law as controlled substances, alcohol, or any other
24    substance that results in the inability to practice with
25    reasonable judgment, skill, or safety;
26        (K) Discipline by another state, unit of government,

 

 

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1    government agency, the District of Columbia, territory, or
2    foreign nation, if at least one of the grounds for the
3    discipline is the same or substantially equivalent to those
4    set forth herein;
5        (L) Directly or indirectly giving to or receiving from
6    any person, firm, corporation, partnership, or association
7    any fee, commission, rebate, or other form of compensation
8    for any professional services not actually or personally
9    rendered. Nothing in this subparagraph (L) affects any bona
10    fide independent contractor or employment arrangements
11    among health care professionals, health facilities, health
12    care providers, or other entities, except as otherwise
13    prohibited by law. Any employment arrangements may include
14    provisions for compensation, health insurance, pension, or
15    other employment benefits for the provision of services
16    within the scope of the licensee's practice under this Act.
17    Nothing in this subparagraph (L) shall be construed to
18    require an employment arrangement to receive professional
19    fees for services rendered;
20        (M) A finding by the Department that the licensee after
21    having his or her license disciplined has violated the
22    terms of probation;
23        (N) Abandonment of an athlete;
24        (O) Willfully making or filing false records or reports
25    in his or her practice, including but not limited to false
26    records filed with State agencies or departments;

 

 

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1        (P) Willfully failing to report an instance of
2    suspected child abuse or neglect as required by the Abused
3    and Neglected Child Reporting Act;
4        (Q) Physical illness, including but not limited to
5    deterioration through the aging process, or loss of motor
6    skill that results in the inability to practice the
7    profession with reasonable judgment, skill, or safety;
8        (R) Solicitation of professional services other than
9    by permitted institutional policy;
10        (S) The use of any words, abbreviations, figures or
11    letters with the intention of indicating practice as an
12    athletic trainer without a valid license as an athletic
13    trainer under this Act;
14        (T) The evaluation or treatment of ailments of human
15    beings other than by the practice of athletic training as
16    defined in this Act or the treatment of injuries of
17    athletes by a licensed athletic trainer except by the
18    referral of a physician, podiatric physician, or dentist;
19        (U) Willfully violating or knowingly assisting in the
20    violation of any law of this State relating to the use of
21    habit-forming drugs;
22        (V) Willfully violating or knowingly assisting in the
23    violation of any law of this State relating to the practice
24    of abortion;
25        (W) Continued practice by a person knowingly having an
26    infectious communicable or contagious disease;

 

 

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1        (X) Being named as a perpetrator in an indicated report
2    by the Department of Children and Family Services pursuant
3    to the Abused and Neglected Child Reporting Act and upon
4    proof by clear and convincing evidence that the licensee
5    has caused a child to be an abused child or neglected child
6    as defined in the Abused and Neglected Child Reporting Act;
7        (Y) (Blank);
8        (Z) Failure to fulfill continuing education
9    requirements;
10        (AA) Allowing one's license under this Act to be used
11    by an unlicensed person in violation of this Act;
12        (BB) Practicing under a false or, except as provided by
13    law, assumed name;
14        (CC) Promotion of the sale of drugs, devices,
15    appliances, or goods provided in any manner to exploit the
16    client for the financial gain of the licensee;
17        (DD) Gross, willful, or continued overcharging for
18    professional services;
19        (EE) Mental illness or disability that results in the
20    inability to practice under this Act with reasonable
21    judgment, skill, or safety; or
22        (FF) Cheating on or attempting to subvert the licensing
23    examination administered under this Act.
24    All fines imposed under this Section shall be paid within
2560 days after the effective date of the order imposing the fine
26or in accordance with the terms set forth in the order imposing

 

 

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1the fine.
2    (2) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission as
4provided in the Mental Health and Developmental Disabilities
5Code operates as an automatic suspension. Such suspension will
6end only upon a finding by a court that the licensee is no
7longer subject to involuntary admission or judicial admission
8and issuance of an order so finding and discharging the
9licensee.
10    (3) The Department may refuse to issue or may suspend
11without hearing, as provided for in the Code of Civil
12Procedure, the license of any person who fails to file a
13return, to pay the tax, penalty, or interest shown in a filed
14return, or to pay any final assessment of tax, penalty, or
15interest as required by any tax Act administered by the
16Illinois Department of Revenue, until such time as the
17requirements of any such tax Act are satisfied in accordance
18with subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
20Illinois.
21    (4) In enforcing this Section, the Department, upon a
22showing of a possible violation, may compel any individual who
23is licensed under this Act or any individual who has applied
24for licensure to submit to a mental or physical examination or
25evaluation, or both, which may include a substance abuse or
26sexual offender evaluation, at the expense of the Department.

 

 

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1The Department shall specifically designate the examining
2physician licensed to practice medicine in all of its branches
3or, if applicable, the multidisciplinary team involved in
4providing the mental or physical examination and evaluation.
5The multidisciplinary team shall be led by a physician licensed
6to practice medicine in all of its branches and may consist of
7one or more or a combination of physicians licensed to practice
8medicine in all of its branches, licensed chiropractic
9physicians, licensed clinical psychologists, licensed clinical
10social workers, licensed clinical professional counselors, and
11other professional and administrative staff. Any examining
12physician or member of the multidisciplinary team may require
13any person ordered to submit to an examination and evaluation
14pursuant to this Section to submit to any additional
15supplemental testing deemed necessary to complete any
16examination or evaluation process, including, but not limited
17to, blood testing, urinalysis, psychological testing, or
18neuropsychological testing.
19    The Department may order the examining physician or any
20member of the multidisciplinary team to provide to the
21Department any and all records, including business records,
22that relate to the examination and evaluation, including any
23supplemental testing performed. The Department may order the
24examining physician or any member of the multidisciplinary team
25to present testimony concerning this examination and
26evaluation of the licensee or applicant, including testimony

 

 

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1concerning any supplemental testing or documents relating to
2the examination and evaluation. No information, report,
3record, or other documents in any way related to the
4examination and evaluation shall be excluded by reason of any
5common law or statutory privilege relating to communication
6between the licensee or applicant and the examining physician
7or any member of the multidisciplinary team. No authorization
8is necessary from the licensee or applicant ordered to undergo
9an evaluation and examination for the examining physician or
10any member of the multidisciplinary team to provide
11information, reports, records, or other documents or to provide
12any testimony regarding the examination and evaluation. The
13individual to be examined may have, at his or her own expense,
14another physician of his or her choice present during all
15aspects of the examination.
16    Failure of any individual to submit to a mental or physical
17examination or evaluation, or both, when directed, shall result
18in an automatic suspension without hearing, until such time as
19the individual submits to the examination. If the Department
20finds a licensee unable to practice because of the reasons set
21forth in this Section, the Department shall require the
22licensee to submit to care, counseling, or treatment by
23physicians approved or designated by the Department as a
24condition for continued, reinstated, or renewed licensure.
25    When the Secretary immediately suspends a license under
26this Section, a hearing upon such person's license must be

 

 

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1convened by the Department within 15 days after the suspension
2and completed without appreciable delay. The Department shall
3have the authority to review the licensee's record of treatment
4and counseling regarding the impairment to the extent permitted
5by applicable federal statutes and regulations safeguarding
6the confidentiality of medical records.
7    Individuals licensed under this Act who are affected under
8this Section shall be afforded an opportunity to demonstrate to
9the Department that they can resume practice in compliance with
10acceptable and prevailing standards under the provisions of
11their license.
12    (5) (Blank) The Department shall deny a license or renewal
13authorized by this Act to a person who has defaulted on an
14educational loan or scholarship provided or guaranteed by the
15Illinois Student Assistance Commission or any governmental
16agency of this State in accordance with paragraph (5) of
17subsection (a) of Section 2105-15 of the Department of
18Professional Regulation Law of the Civil Administrative Code of
19Illinois.
20    (6) In cases where the Department of Healthcare and Family
21Services has previously determined a licensee or a potential
22licensee is more than 30 days delinquent in the payment of
23child support and has subsequently certified the delinquency to
24the Department, the Department may refuse to issue or renew or
25may revoke or suspend that person's license or may take other
26disciplinary action against that person based solely upon the

 

 

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1certification of delinquency made by the Department of
2Healthcare and Family Services in accordance with paragraph (5)
3of subsection (a) of Section 2105-15 of the Department of
4Professional Regulation Law of the Civil Administrative Code of
5Illinois.
6(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)"; and
 
7on page 158, immediately below line 21, by inserting the
8following:
 
9    "Section 113. The Illinois Roofing Industry Licensing Act
10is amended by changing Section 9.1 as follows:
 
11    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
12    (Section scheduled to be repealed on January 1, 2026)
13    Sec. 9.1. Grounds for disciplinary action.
14    (1) The Department may refuse to issue or to renew, or may
15revoke, suspend, place on probation, reprimand or take other
16disciplinary or non-disciplinary action as the Department may
17deem proper, including fines not to exceed $10,000 for each
18violation, with regard to any license for any one or
19combination of the following:
20        (a) violation of this Act or its rules;
21        (b) conviction or plea of guilty or nolo contendere,
22    finding of guilt, jury verdict, or entry of judgment or
23    sentencing of any crime, including, but not limited to,

 

 

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1    convictions, preceding sentences of supervision,
2    conditional discharge, or first offender probation, under
3    the laws of any jurisdiction of the United States that is
4    (i) a felony or (ii) a misdemeanor, an essential element of
5    which is dishonesty or that is directly related to the
6    practice of the profession;
7        (c) fraud or any misrepresentation in applying for or
8    procuring a license under this Act, or in connection with
9    applying for renewal of a license under this Act;
10        (d) professional incompetence or gross negligence in
11    the practice of roofing contracting, prima facie evidence
12    of which may be a conviction or judgment in any court of
13    competent jurisdiction against an applicant or licensee
14    relating to the practice of roofing contracting or the
15    construction of a roof or repair thereof that results in
16    leakage within 90 days after the completion of such work;
17        (e) (blank);
18        (f) aiding or assisting another person in violating any
19    provision of this Act or rules;
20        (g) failing, within 60 days, to provide information in
21    response to a written request made by the Department;
22        (h) engaging in dishonorable, unethical, or
23    unprofessional conduct of a character likely to deceive,
24    defraud, or harm the public;
25        (i) habitual or excessive use or abuse of controlled
26    substances, as defined by the Illinois Controlled

 

 

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1    Substances Act, alcohol, or any other substance that
2    results in the inability to practice with reasonable
3    judgment, skill, or safety;
4        (j) discipline by another state, unit of government, or
5    government agency, the District of Columbia, a territory,
6    or a foreign nation, if at least one of the grounds for the
7    discipline is the same or substantially equivalent to those
8    set forth in this Section;
9        (k) directly or indirectly giving to or receiving from
10    any person, firm, corporation, partnership, or association
11    any fee, commission, rebate, or other form of compensation
12    for any professional services not actually or personally
13    rendered;
14        (l) a finding by the Department that the licensee,
15    after having his or her license disciplined, has violated
16    the terms of the discipline;
17        (m) a finding by any court of competent jurisdiction,
18    either within or without this State, of any violation of
19    any law governing the practice of roofing contracting, if
20    the Department determines, after investigation, that such
21    person has not been sufficiently rehabilitated to warrant
22    the public trust;
23        (n) willfully making or filing false records or reports
24    in the practice of roofing contracting, including, but not
25    limited to, false records filed with the State agencies or
26    departments;

 

 

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1        (o) practicing, attempting to practice, or advertising
2    under a name other than the full name as shown on the
3    license or any other legally authorized name;
4        (p) gross and willful overcharging for professional
5    services including filing false statements for collection
6    of fees or monies for which services are not rendered;
7        (q) (blank);
8        (r) (blank);
9        (s) failure to continue to meet the requirements of
10    this Act shall be deemed a violation;
11        (t) physical or mental disability, including
12    deterioration through the aging process or loss of
13    abilities and skills that result in an inability to
14    practice the profession with reasonable judgment, skill,
15    or safety;
16        (u) material misstatement in furnishing information to
17    the Department or to any other State agency;
18        (v) (blank);
19        (w) advertising in any manner that is false,
20    misleading, or deceptive;
21        (x) taking undue advantage of a customer, which results
22    in the perpetration of a fraud;
23        (y) performing any act or practice that is a violation
24    of the Consumer Fraud and Deceptive Business Practices Act;
25        (z) engaging in the practice of roofing contracting, as
26    defined in this Act, with a suspended, revoked, or

 

 

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1    cancelled license;
2        (aa) treating any person differently to the person's
3    detriment because of race, color, creed, gender, age,
4    religion, or national origin;
5        (bb) knowingly making any false statement, oral,
6    written, or otherwise, of a character likely to influence,
7    persuade, or induce others in the course of obtaining or
8    performing roofing contracting services;
9        (cc) violation of any final administrative action of
10    the Secretary;
11        (dd) allowing the use of his or her roofing license by
12    an unlicensed roofing contractor for the purposes of
13    providing roofing or waterproofing services; or
14        (ee) (blank);
15        (ff) cheating or attempting to subvert a licensing
16    examination administered under this Act; or
17        (gg) use of a license to permit or enable an unlicensed
18    person to provide roofing contractor services.
19    (2) The determination by a circuit court that a license
20holder is subject to involuntary admission or judicial
21admission, as provided in the Mental Health and Developmental
22Disabilities Code, operates as an automatic suspension. Such
23suspension will end only upon a finding by a court that the
24patient is no longer subject to involuntary admission or
25judicial admission, an order by the court so finding and
26discharging the patient, and the recommendation of the Board to

 

 

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

 

 

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

 

 

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

 

 

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1    (9) (Blank) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with paragraph (5) of
6subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9    (10) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with paragraph (5)
18of subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
20Illinois.
21    The changes to this Act made by this amendatory Act of 1997
22apply only to disciplinary actions relating to events occurring
23after the effective date of this amendatory Act of 1997.
24(Source: P.A. 99-469, eff. 8-26-15.)".