Bill Amendment: IL SB2236 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PROF REG-STUDENT LOAN DEFAULT
Status: 2016-06-30 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [SB2236 Detail]
Download: Illinois-2015-SB2236-Senate_Amendment_001.html
Bill Title: PROF REG-STUDENT LOAN DEFAULT
Status: 2016-06-30 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [SB2236 Detail]
Download: Illinois-2015-SB2236-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2236
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2 | AMENDMENT NO. ______. Amend Senate Bill 2236 on page 24, | ||||||
3 | immediately below line 3, by inserting the following:
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4 | "Section 23. The Illinois Athletic Trainers Practice Act is | ||||||
5 | amended 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7 | (Section scheduled to be repealed on January 1, 2026)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 | ||||||
10 | revoke, suspend,
place on probation, reprimand, or take other | ||||||
11 | disciplinary
action as the Department may deem proper, | ||||||
12 | including fines not to exceed $10,000
for each violation, with | ||||||
13 | regard to any licensee for any one or
combination of the | ||||||
14 | following:
| ||||||
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;
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12 | (E) Professional incompetence or gross negligence;
| ||||||
13 | (F) Malpractice;
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14 | (G) Aiding or assisting another person, firm, | ||||||
15 | partnership, or corporation in violating any provision of | ||||||
16 | this
Act or rules;
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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;
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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;
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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;
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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;
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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;
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22 | (V) Willfully violating or knowingly assisting in the | ||||||
23 | violation of any
law
of this State relating to the practice | ||||||
24 | of abortion;
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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 | ||||||
25 | 60 days after the effective date of the order imposing the fine | ||||||
26 | or in accordance with the terms set forth in the order imposing |
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1 | the fine. | ||||||
2 | (2) The determination by a circuit court that a
licensee is | ||||||
3 | subject to
involuntary admission or judicial admission as | ||||||
4 | provided in the Mental Health
and Developmental Disabilities | ||||||
5 | Code operates as an automatic suspension. Such
suspension will | ||||||
6 | end only upon a finding by a court that the licensee is no | ||||||
7 | longer subject to involuntary admission or judicial
admission | ||||||
8 | and issuance of an order so finding and discharging the | ||||||
9 | licensee.
| ||||||
10 | (3) The Department may refuse to issue or may suspend | ||||||
11 | without hearing, as provided for in the Code of Civil | ||||||
12 | Procedure, the license of any person who fails to file a | ||||||
13 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
14 | return, or to pay any final assessment of tax, penalty, or | ||||||
15 | interest as required by any tax Act administered by the | ||||||
16 | Illinois Department of Revenue, until such time as the | ||||||
17 | requirements of any such tax Act are satisfied in accordance | ||||||
18 | with subsection (a) of Section 2105-15 of the Department of | ||||||
19 | Professional Regulation Law of the Civil Administrative Code of | ||||||
20 | Illinois. | ||||||
21 | (4) In enforcing this Section, the Department, upon a | ||||||
22 | showing of a possible violation, may compel any individual who | ||||||
23 | is licensed under this Act or any individual who has applied | ||||||
24 | for licensure to submit to a mental or physical examination or | ||||||
25 | evaluation, or both, which may include a substance abuse or | ||||||
26 | sexual offender evaluation, at the expense of the Department. |
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| |||||||
1 | The Department shall specifically designate the examining | ||||||
2 | physician licensed to practice medicine in all of its branches | ||||||
3 | or, if applicable, the multidisciplinary team involved in | ||||||
4 | providing the mental or physical examination and evaluation. | ||||||
5 | The multidisciplinary team shall be led by a physician licensed | ||||||
6 | to practice medicine in all of its branches and may consist of | ||||||
7 | one or more or a combination of physicians licensed to practice | ||||||
8 | medicine in all of its branches, licensed chiropractic | ||||||
9 | physicians, licensed clinical psychologists, licensed clinical | ||||||
10 | social workers, licensed clinical professional counselors, and | ||||||
11 | other professional and administrative staff. Any examining | ||||||
12 | physician or member of the multidisciplinary team may require | ||||||
13 | any person ordered to submit to an examination and evaluation | ||||||
14 | pursuant to this Section to submit to any additional | ||||||
15 | supplemental testing deemed necessary to complete any | ||||||
16 | examination or evaluation process, including, but not limited | ||||||
17 | to, blood testing, urinalysis, psychological testing, or | ||||||
18 | neuropsychological testing. | ||||||
19 | The Department may order the examining physician or any | ||||||
20 | member of the multidisciplinary team to provide to the | ||||||
21 | Department any and all records, including business records, | ||||||
22 | that relate to the examination and evaluation, including any | ||||||
23 | supplemental testing performed. The Department may order the | ||||||
24 | examining physician or any member of the multidisciplinary team | ||||||
25 | to present testimony concerning this examination and | ||||||
26 | evaluation of the licensee or applicant, including testimony |
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| |||||||
1 | concerning any supplemental testing or documents relating to | ||||||
2 | the examination and evaluation. No information, report, | ||||||
3 | record, or other documents in any way related to the | ||||||
4 | examination and evaluation shall be excluded by reason of any | ||||||
5 | common law or statutory privilege relating to communication | ||||||
6 | between the licensee or applicant and the examining physician | ||||||
7 | or any member of the multidisciplinary team. No authorization | ||||||
8 | is necessary from the licensee or applicant ordered to undergo | ||||||
9 | an evaluation and examination for the examining physician or | ||||||
10 | any member of the multidisciplinary team to provide | ||||||
11 | information, reports, records, or other documents or to provide | ||||||
12 | any testimony regarding the examination and evaluation. The | ||||||
13 | individual to be examined may have, at his or her own expense, | ||||||
14 | another physician of his or her choice present during all | ||||||
15 | aspects of the examination. | ||||||
16 | Failure of any individual to submit to a mental or physical | ||||||
17 | examination or evaluation, or both, when directed, shall result | ||||||
18 | in an automatic suspension without hearing, until such time as | ||||||
19 | the individual submits to the examination. If the Department | ||||||
20 | finds a licensee unable to practice because of the reasons set | ||||||
21 | forth in this Section, the Department shall require the | ||||||
22 | licensee to submit to care, counseling, or treatment by | ||||||
23 | physicians approved or designated by the Department as a | ||||||
24 | condition for continued, reinstated, or renewed licensure. | ||||||
25 | When the Secretary immediately suspends a license under | ||||||
26 | this Section, a hearing upon such person's license must be |
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| |||||||
1 | convened by the Department within 15 days after the suspension | ||||||
2 | and completed without appreciable delay. The Department shall | ||||||
3 | have the authority to review the licensee's record of treatment | ||||||
4 | and counseling regarding the impairment to the extent permitted | ||||||
5 | by applicable federal statutes and regulations safeguarding | ||||||
6 | the confidentiality of medical records. | ||||||
7 | Individuals licensed under this Act who are affected under | ||||||
8 | this Section shall be afforded an opportunity to demonstrate to | ||||||
9 | the Department that they can resume practice in compliance with | ||||||
10 | acceptable and prevailing standards under the provisions of | ||||||
11 | their license. | ||||||
12 | (5) (Blank) The Department shall deny a license or renewal | ||||||
13 | authorized by this Act to a person who has defaulted on an | ||||||
14 | educational loan or scholarship provided or guaranteed by the | ||||||
15 | Illinois Student Assistance Commission or any governmental | ||||||
16 | agency of this State in accordance with paragraph (5) of | ||||||
17 | subsection (a) of Section 2105-15 of the Department of | ||||||
18 | Professional Regulation Law of the Civil Administrative Code of | ||||||
19 | Illinois . | ||||||
20 | (6) In cases where the Department of Healthcare and Family | ||||||
21 | Services has previously determined a licensee or a potential | ||||||
22 | licensee is more than 30 days delinquent in the payment of | ||||||
23 | child support and has subsequently certified the delinquency to | ||||||
24 | the Department, the Department may refuse to issue or renew or | ||||||
25 | may revoke or suspend that person's license or may take other | ||||||
26 | disciplinary action against that person based solely upon the |
| |||||||
| |||||||
1 | certification of delinquency made by the Department of | ||||||
2 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
3 | of subsection (a) of Section 2105-15 of the Department of | ||||||
4 | Professional Regulation Law of the Civil Administrative Code of | ||||||
5 | Illinois. | ||||||
6 | (Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)"; and
| ||||||
7 | on page 158, immediately below line 21, by inserting the | ||||||
8 | following:
| ||||||
9 | "Section 113. The Illinois Roofing Industry Licensing Act | ||||||
10 | is 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 | ||||||
15 | revoke, suspend, place on probation, reprimand
or take other | ||||||
16 | disciplinary or non-disciplinary action as the Department may | ||||||
17 | deem proper,
including fines not to exceed $10,000 for each | ||||||
18 | violation, with regard to any
license for any one or | ||||||
19 | combination 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | holder is subject to involuntary admission or judicial | ||||||
21 | admission, as provided in the Mental Health and Developmental | ||||||
22 | Disabilities Code, operates as an automatic suspension. Such | ||||||
23 | suspension will end only upon a finding by a court that the | ||||||
24 | patient is no longer subject to involuntary admission or | ||||||
25 | judicial admission, an order by the court so finding and | ||||||
26 | discharging the patient, and the recommendation of the Board to |
| |||||||
| |||||||
1 | the Director that the license holder be allowed to resume his | ||||||
2 | or her practice. | ||||||
3 | (3) The Department may refuse to issue or take disciplinary | ||||||
4 | action concerning the license of any person who fails to file a | ||||||
5 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
6 | return, or to pay any final assessment of tax, penalty, or | ||||||
7 | interest as required by any tax Act administered by the | ||||||
8 | Department of Revenue, until such time as the requirements of | ||||||
9 | any such tax Act are satisfied as determined by the Department | ||||||
10 | of Revenue. | ||||||
11 | (4) In enforcing this Section, the Department, upon a | ||||||
12 | showing of a possible violation, may compel any individual who | ||||||
13 | is licensed under this Act or any individual who has applied | ||||||
14 | for licensure to submit to a mental or physical examination or | ||||||
15 | evaluation, or both, which may include a substance abuse or | ||||||
16 | sexual offender evaluation, at the expense of the Department. | ||||||
17 | The Department shall specifically designate the examining | ||||||
18 | physician licensed to practice medicine in all of its branches | ||||||
19 | or, if applicable, the multidisciplinary team involved in | ||||||
20 | providing the mental or physical examination and evaluation. | ||||||
21 | The multidisciplinary team shall be led by a physician licensed | ||||||
22 | to practice medicine in all of its branches and may consist of | ||||||
23 | one or more or a combination of physicians licensed to practice | ||||||
24 | medicine in all of its branches, licensed chiropractic | ||||||
25 | physicians, licensed clinical psychologists, licensed clinical | ||||||
26 | social workers, licensed clinical professional counselors, and |
| |||||||
| |||||||
1 | other professional and administrative staff. Any examining | ||||||
2 | physician or member of the multidisciplinary team may require | ||||||
3 | any person ordered to submit to an examination and evaluation | ||||||
4 | pursuant to this Section to submit to any additional | ||||||
5 | supplemental testing deemed necessary to complete any | ||||||
6 | examination or evaluation process, including, but not limited | ||||||
7 | to, blood testing, urinalysis, psychological testing, or | ||||||
8 | neuropsychological testing. | ||||||
9 | (5) The Department may order the examining physician or any | ||||||
10 | member of the multidisciplinary team to provide to the | ||||||
11 | Department any and all records, including business records, | ||||||
12 | that relate to the examination and evaluation, including any | ||||||
13 | supplemental testing performed. The Department may order the | ||||||
14 | examining physician or any member of the multidisciplinary team | ||||||
15 | to present testimony concerning this examination and | ||||||
16 | evaluation of the licensee or applicant, including testimony | ||||||
17 | concerning any supplemental testing or documents relating to | ||||||
18 | the examination and evaluation. No information, report, | ||||||
19 | record, or other documents in any way related to the | ||||||
20 | examination and evaluation shall be excluded by reason of any | ||||||
21 | common law or statutory privilege relating to communication | ||||||
22 | between the licensee or applicant and the examining physician | ||||||
23 | or any member of the multidisciplinary team. No authorization | ||||||
24 | is necessary from the licensee or applicant ordered to undergo | ||||||
25 | an evaluation and examination for the examining physician or | ||||||
26 | any member of the multidisciplinary team to provide |
| |||||||
| |||||||
1 | information, reports, records, or other documents or to provide | ||||||
2 | any testimony regarding the examination and evaluation. The | ||||||
3 | individual to be examined may have, at his or her own expense, | ||||||
4 | another physician of his or her choice present during all | ||||||
5 | aspects of the examination. | ||||||
6 | (6) Failure of any individual to submit to mental or | ||||||
7 | physical examination or evaluation, or both, when directed, | ||||||
8 | shall result in an automatic suspension without hearing until | ||||||
9 | such time as the individual submits to the examination. If the | ||||||
10 | Department finds a licensee unable to practice because of the | ||||||
11 | reasons set forth in this Section, the Department shall require | ||||||
12 | the licensee to submit to care, counseling, or treatment by | ||||||
13 | physicians approved or designated by the Department as a | ||||||
14 | condition for continued, reinstated, or renewed licensure. | ||||||
15 | (7) When the Secretary immediately suspends a license under | ||||||
16 | this Section, a hearing upon such person's license must be | ||||||
17 | convened by the Department within 15 days after the suspension | ||||||
18 | and completed without appreciable delay. The Department shall | ||||||
19 | have the authority to review the licensee's record of treatment | ||||||
20 | and counseling regarding the impairment to the extent permitted | ||||||
21 | by applicable federal statutes and regulations safeguarding | ||||||
22 | the confidentiality of medical records. | ||||||
23 | (8) Licensees affected under this Section shall be afforded | ||||||
24 | an opportunity to demonstrate to the Department that they can | ||||||
25 | resume practice in compliance with acceptable and prevailing | ||||||
26 | standards under the provisions of their license. |
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1 | (9) (Blank) The Department shall deny a license or renewal | ||||||
2 | authorized by this Act to a person who has defaulted on an | ||||||
3 | educational loan or scholarship provided or guaranteed by the | ||||||
4 | Illinois Student Assistance Commission or any governmental | ||||||
5 | agency of this State in accordance with paragraph (5) of | ||||||
6 | subsection (a) of Section 2105-15 of the Department of | ||||||
7 | Professional Regulation Law of the Civil Administrative Code of | ||||||
8 | Illinois . | ||||||
9 | (10) In cases where the Department of Healthcare and Family | ||||||
10 | Services has previously determined a licensee or a potential | ||||||
11 | licensee is more than 30 days delinquent in the payment of | ||||||
12 | child support and has subsequently certified the delinquency to | ||||||
13 | the Department, the Department may refuse to issue or renew or | ||||||
14 | may revoke or suspend that person's license or may take other | ||||||
15 | disciplinary action against that person based solely upon the | ||||||
16 | certification of delinquency made by the Department of | ||||||
17 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
18 | of subsection (a) of Section 2105-15 of the Department of | ||||||
19 | Professional Regulation Law of the Civil Administrative Code of | ||||||
20 | Illinois. | ||||||
21 | The changes to this Act made by this amendatory Act of 1997 | ||||||
22 | apply only
to disciplinary actions relating to events occurring | ||||||
23 | after the effective date
of
this amendatory Act of 1997. | ||||||
24 | (Source: P.A. 99-469, eff. 8-26-15.)".
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