Full Text of SB0232 98th General Assembly
SB0232enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Professional Regulation Law of | 5 | | the
Civil Administrative Code of Illinois is amended by adding | 6 | | Sections 2105-130 and 2105-135 as follows: | 7 | | (20 ILCS 2105/2105-130 new) | 8 | | Sec. 2105-130. Determination of disciplinary sanctions. | 9 | | (a) Following disciplinary proceedings as authorized in | 10 | | any licensing Act administered by the Department, upon a | 11 | | finding by the Department that a person has committed a | 12 | | violation of the licensing Act with regard to licenses, | 13 | | certificates, or authorities of persons exercising the | 14 | | respective professions, trades, or occupations, the Department | 15 | | may revoke, suspend, refuse to renew, place on probationary | 16 | | status, fine, or take any other disciplinary action as | 17 | | authorized in the licensing Act with regard to those licenses, | 18 | | certificates, or authorities. When making a determination of | 19 | | the appropriate disciplinary sanction to be imposed, the | 20 | | Department shall consider only evidence contained in the | 21 | | record. The Department shall consider any aggravating or | 22 | | mitigating factors contained in the record when determining the | 23 | | appropriate disciplinary sanction to be imposed. |
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| 1 | | (b) When making a determination of the appropriate | 2 | | disciplinary sanction to be imposed, the Department shall | 3 | | consider, but is not limited to, the following aggravating | 4 | | factors contained in the record: | 5 | | (1) the seriousness of the offenses; | 6 | | (2) the presence of multiple offenses; | 7 | | (3) prior disciplinary history, including actions | 8 | | taken by other agencies in this State, by other states or | 9 | | jurisdictions, hospitals, health care facilities, | 10 | | residency programs, employers, or professional liability | 11 | | insurance companies or by any of the armed forces of the | 12 | | United States or any state; | 13 | | (4) the impact of the offenses on any injured party; | 14 | | (5) the vulnerability of any injured party, including, | 15 | | but not limited to, consideration of the injured party's | 16 | | age, disability, or mental illness; | 17 | | (6) the motive for the offenses; | 18 | | (7) the lack of contrition for the offenses; | 19 | | (8) financial gain as a result of committing the | 20 | | offenses; and | 21 | | (9) the lack of cooperation with the Department or | 22 | | other investigative authorities. | 23 | | (c) When making a determination of the appropriate | 24 | | disciplinary sanction to be imposed, the Department shall | 25 | | consider, but is not limited to, the following mitigating | 26 | | factors contained in the record: |
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| 1 | | (1) the lack of prior disciplinary action by the | 2 | | Department or by other agencies in this State, by other | 3 | | states or jurisdictions, hospitals, health care | 4 | | facilities, residency programs, employers, insurance | 5 | | providers, or by any of the armed forces of the United | 6 | | States or any state; | 7 | | (2) contrition for the offenses; | 8 | | (3) cooperation with the Department or other | 9 | | investigative authorities; | 10 | | (4) restitution to injured parties; | 11 | | (5) whether the misconduct was self-reported; and | 12 | | (6) any voluntary remedial actions taken. | 13 | | (20 ILCS 2105/2105-135 new) | 14 | | Sec. 2105-135. Qualification for licensure or | 15 | | registration; good moral character. The practice of | 16 | | professions licensed or registered by the Department is hereby | 17 | | declared to affect the public health, safety, and welfare and | 18 | | to be subject to regulation and control in the public interest. | 19 | | It is further declared to be a matter of public interest and | 20 | | concern that persons who are licensed or registered to engage | 21 | | in any of the professions licensed or registered by the | 22 | | Department are of good moral character, which shall be a | 23 | | continuing requirement of licensure or registration so as to | 24 | | merit and receive the confidence and trust of the public. Upon | 25 | | a finding by the Department that a person has committed a |
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| 1 | | violation of the disciplinary grounds of any licensing Act | 2 | | administered by the Department with regard to licenses, | 3 | | certificates, or authorities of persons exercising the | 4 | | respective professions, trades, or occupations, the Department | 5 | | is authorized to revoke, suspend, refuse to renew, place on | 6 | | probationary status, fine, or take any other disciplinary | 7 | | action it deems warranted against any licensee or registrant | 8 | | whose conduct violates the continuing requirement of good moral | 9 | | character. |
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