|
| Public Act 102-0105
|
| HB0014 Enrolled | LRB102 02640 SPS 12643 b |
|
|
AN ACT concerning State government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Department of Professional Regulation Law |
of the
Civil Administrative Code of Illinois is amended by |
changing Sections 2105-131 and 2105-205 as follows:
|
(20 ILCS 2105/2105-131) |
Sec. 2105-131. Applicants with criminal convictions; |
notice of denial. |
(a) For the purposes of this Section, "mitigating factors" |
means any information, evidence, conduct, or circumstances |
before, during, or after the offense or offenses reviewed by |
the Department that may reflect on an applicant's request for |
licensure, registration, or certification through the |
Department, such as 3 years having passed since release from |
confinement. Mitigating factors are not a bar to licensure, |
instead they provide guidance for the Department when |
considering licensure, registration, or certification for an |
applicant with criminal history. |
Except as provided in Section 2105-165 of this Act |
regarding licensing restrictions based on enumerated offenses |
for health care workers as defined in the Health Care Worker |
Self-Referral Act and except as provided in any licensing Act |
|
administered by the Department in which convictions of certain |
enumerated offenses are a bar to licensure, the Department, |
upon a finding that an applicant for a license, certificate, |
or registration was previously convicted of a felony or |
misdemeanor that may be grounds for refusing to issue a |
license or certificate or to grant a registration, shall |
consider any mitigating factors and evidence of rehabilitation |
contained in the applicant's record, including the |
circumstances surrounding the offense or offenses and any of |
the following, to determine whether a prior conviction will |
impair the ability of the applicant to engage in the practice |
for which a license, certificate, or registration is sought: |
(1) the lack of direct relation of the offense for |
which the applicant was previously convicted to the |
duties, functions, and responsibilities of the position |
for which a license is sought; |
(2) any mitigating factors from the point of arrest or |
indictment when determined to be appropriate, unless |
otherwise specified and including, but not limited to, |
whether 5 years since a felony conviction or 3 years since |
release from confinement for the conviction, whichever is |
later, have passed without a subsequent conviction; |
(3) if the applicant was previously licensed or |
employed in this State or other states or jurisdictions, |
the lack of prior misconduct arising from or related to |
the licensed position or position of employment; |
|
(4) the age of the person at the time of the criminal |
offense; |
(4.5) if, due to the applicant's criminal conviction |
history, the applicant would be explicitly prohibited by |
federal rules or regulations from working in the position |
for which a license is sought; |
(5) successful completion of sentence and, for |
applicants serving a term of parole or probation, a |
progress report provided by the applicant's probation or |
parole officer that documents the applicant's compliance |
with conditions of supervision; |
(6) evidence of the applicant's present fitness and |
professional character; |
(7) evidence of rehabilitation or rehabilitative |
effort during or after incarceration, or during or after a |
term of supervision, including, but not limited to, a |
certificate of good conduct under Section 5-5.5-25 of the |
Unified Code of Corrections or certificate of relief from |
disabilities under Section 5-5.5-10 of the Unified Code of |
Corrections; and |
(8) any other mitigating factors that contribute to |
the person's potential and current ability to perform the |
job duties. |
(b) If the Department refuses to issue a license or |
certificate or grant registration to an applicant based upon a |
conviction or convictions, in whole or in part, the Department |
|
shall notify the applicant of the denial in writing with the |
following included in the notice of denial: |
(1) a statement about the decision to refuse to grant |
a license, certificate, or registration, including an |
explanation of how the conviction directly relates to and |
would prevent the person from effectively engaging in the |
position for which a license, registration, or certificate |
is sought; |
(2) a list of convictions that the Department |
determined will impair the applicant's ability to engage |
in the position for which a license, registration, or |
certificate is sought; |
(3) a list of convictions that formed the sole or |
partial basis for the refusal to issue a license or |
certificate or grant registration; and |
(4) a summary of the appeal process or the earliest |
the applicant may reapply for a license, certificate, or |
registration, whichever is applicable.
|
(c) The Department shall post on its website a list of all |
State licensing restrictions that would prohibit an applicant |
from working in a position for which a license is sought. |
(Source: P.A. 100-286, eff. 1-1-18; 101-388, eff. 1-1-20.)
|
(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)
|
Sec. 2105-205. Publication of disciplinary actions; annual |
report. |
|
(a) The
Department shall publish on its website, at least |
monthly, final disciplinary actions taken by
the Department |
against a licensee or applicant pursuant to any licensing Act |
administered by the Department. The specific disciplinary |
action and the name of the applicant or
licensee shall be |
listed.
|
(b) No later than May 1 of each year, the Department must |
prepare, publicly announce, and publish a report of summary |
statistical information relating to new license, |
certification, or registration applications during the |
preceding calendar year. Each report shall show at minimum: |
(1) the number of applicants for each new license, |
certificate, or registration administered by the |
Department in the previous calendar year; |
(2) the number of applicants for a new license, |
certificate, or registration within the previous calendar |
year who had any criminal conviction; |
(3) the number of applicants for a new license, |
certificate, or registration in the previous calendar year |
who were granted a license, registration, or certificate; |
(4) the number of applicants for a new license, |
certificate, or registration within the previous calendar |
year with a criminal conviction who were granted a |
license, certificate, or registration in the previous |
calendar year; |
(5) the number of applicants for a new license, |
|
certificate, or registration in the previous calendar year |
who were denied a license, registration, or certificate; |
(6) the number of applicants for new license, |
certificate, or registration in the previous calendar year |
with a criminal conviction who were denied a license, |
certificate, or registration in part or in whole because |
of such conviction, including the types of criminal |
convictions; |
(7) the number of licenses issued on probation within |
the previous calendar year to applicants with a criminal |
conviction; and |
(8) the number of licensees or certificate holders who |
were granted expungement for a record of discipline based |
on a conviction predating licensure, certification, or |
registration or a criminal charge, arrest, or conviction |
that was dismissed, sealed, or expunged or did not arise |
from the regulated activity, as a share of the total such |
expungement requests. |
(Source: P.A. 99-227, eff. 8-3-15; 100-286, eff. 1-1-18.)
|
