Bill Text: IL HB0806 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Boxing and Full-contact Martial Arts Act, the Cemetery Oversight Act, the Community Association Manager Licensing and Disciplinary Act, the Detection of Deception Examiners Act, the Home Inspector License Act, the Massage Therapy Practice Act, the Medical Practice Act of 1987, the Petroleum Equipment Contractors Licensing Act, the Radiation Protection Act of 1990, the Real Estate Appraiser Licensing Act of 2002, and the Registered Interior Designers Act from January 1, 2022 to January 1, 2027. Amends the Mercury Thermostat Collection Act to change the repeal date of the Act from January 1, 2022 to January 1, 2023. Amends the Boxing and Full-contact Martial Arts Act. Provides that, on and after January 1, 2023, a promoter for an amateur full-contact martial arts contest shall obtain a permit issued by the Department under the requirements and standards set forth in the Act and the rules of the Department of Financial and Professional Regulation and that the Department shall not approve a sanctioning body. Allows for electronic notice or delivery in various situations. Requires additional documentation to be submitted to the Department by a promoter. Provides that an applicant over age 35 who has not competed in a professional or amateur contest within the last 12 (rather than 36) months preceding the application may be required to appear before the Department to determine his or her fitness to participate in a contest. Increases from $35,000 to $50,000 the maximum amount of fees charged on amounts over $500,000 and increases the time in which to pay the fees to the Department. Makes changes related to addresses and email addresses of record, State of Illinois Athletic Board membership and terms, powers of the Board, powers and duties of the Department, restricted contests and events, licenses, discipline and sanctions, investigations and hearings, fines, fees for amateur full-contact martial arts events, violations of the Act, and medical suspensions. Repeals or reorganizes provisions relating to the Director of Professional Regulation, registration of amateurs, unlicensed practice, qualifications for registration, and others. Amends the Cemetery Oversight Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation. Provides that all information collected by the Department in the course of an investigation shall be maintained for the confidential use of the Department. Provides that the Secretary of Financial and Professional Regulation has the authority to appoint an attorney licensed in Illinois to serve as a hearing officer in specified actions. Makes changes in provisions concerning definitions; the powers and duties of the Department; application for original license; qualifications for licensure; certification; renewal, reinstatement, or restoration of a license; contracts; fees; exemptions; citations; grounds for disciplinary action; injunction and cease and desist orders; investigation, notice, and hearings; motions for rehearing; record of proceedings; restoration of licenses from discipline; administrative review; and unlicensed practice. Makes other changes. Repeals provisions concerning denial of license or exemption from licensure; findings and recommendations; rehearing; secretary, rehearing; certifications of record, costs; civil action and civil penalties; whistleblower protection; rules; roster; and the Cemetery Oversight Board. Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning the prohibited uses of roster information and board reports. Amends the Community Association Manager Licensing and Disciplinary Act. Makes various changes concerning definitions, licensing, exemptions from licensing, the Community Association Manager Licensing and Disciplinary Board, immunity from liability, the powers and duties of the Department of Financial and Professional Regulation, qualifications for licensure, examinations, insurance, licensing, the Community Association Manager Licensing and Disciplinary Fund, fines, endorsement, discipline, citations, violations, investigations, hearings, limitations, rights of action, home rule, and other matters. Amends the Detection of Deception Examiners Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record, and shall inform the Department of any change of address of record or email address of record within 14 days after such change. Repeals a provision authorizing the Secretary of Financial and Professional Regulation to appoint a Detection of Deception Examiners Act Coordinator to assist the Department in the administration of this Act (and makes conforming changes throughout the Act). Repeals a provision that requires the Department to maintain a roster of the names and addresses of all licensees and registrants and of all persons whose licenses have been suspended or revoked within the previous year. Removes language providing that exhibits shall be certified without cost as part of a judicial review proceeding. Amends the Home Inspector License Act. Makes various changes concerning definitions, licensing, endorsement, education, insurance, records, discipline, citations, investigations, review, fees, violations, education providers, and other matters. Amends the Massage Licensing Act. Changes the name of the Act to the Massage Therapy Practice Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address and email address of record. Authorizes certain notices to be emailed to the licensee's email address of record. Removes a provision that allows an applicant to satisfy licensure requirements by holding a current license from another jurisdiction having licensure requirements that include the completion of a massage therapy program of at least 500 hours. Provides that a massage therapist shall include the current license number issued by the Department on all advertisements and that failure to do so is grounds for discipline. Makes changes in provisions concerning exemptions under the Act. Provides that every displayed license shall have the license number visible. Makes other changes. Amends the Professional Service Corporation Act to make corresponding changes. Amends the Medical Practice Act of 1987. Creates the Illinois State Medical Board to carry out the duties of the Medical Disciplinary Board and the Medical Licensing Board under the Act (and makes conforming changes). Provides for membership of the Illinois State Medical Board. Provides that all members of the Medical Licensing Board and the Medical Disciplinary Board shall serve as members of the Medical Board. Requires that a majority of the Illinois State Medical Board members shall be appointed within 260 days after the effective date of the amendatory Act. Repeals provisions concerning the Medical Licensing Board and Medical Disciplinary Board one year after the effective date of the amendatory Act. Provides that the Department of Financial and Professional Regulation may close a complaint, after investigation and approval of the Chief Medical Coordinator, if certain standards are not met. Makes changes to provisions concerning definitions; withdrawal of applications; the Complaint Committee; findings and recommendations; and administrative review. Amends the Petroleum Equipment Contractors Licensing Act. Provides that, if a corporation or business entity does not have evidence of current registration, such as a Secretary of State issued Certificate of Good Standing, the Office of the State Fire Marshal has the authority to deny or revoke the license of such a corporation or business entity. Provides that a lapsed license may not be reinstated until an application (rather than a written application) is filed. Removes language providing that, if a license or certificate is lost, a duplicate shall be issued upon payment of the required fee. Removes language providing that licensees shall be subject to disciplinary action for being a habitual drunk or having a habitual addiction to the use of morphine, cocaine, controlled substances, or other habit-forming drugs. Allows the Office of the State Fire Marshal to adopt rules to permit the issuance of citations for certain violations of the Act or the rules adopted under the Act. Amends the Real Estate Appraiser Licensing Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation. Creates provisions concerning inactive licenses; citations; and illegal discrimination. Makes changes in provisions concerning private rights of action, necessity of license, use of title, exemptions; applications for State certified general real estate appraiser; application for State certified residential real estate appraiser; application for associate real estate trainee appraiser; duration of application; criminal history records checks; renewal of license; qualifying education requirements; scope of practice; standards of practice; unlicensed practice; grounds for disciplinary action; investigation, notice, and hearing; credit card charges; course approval; the Real Estate Appraisal Administration and Disciplinary Board; Department powers and duties; rules; and savings provisions. Repeals provisions concerning surveys and the Appraisal Administration Fund. Makes other changes. Amends the Appraisal Management Company Registration Act. Provides that nothing in the Act shall apply to a department or division of an entity that provides appraisal management services only to that entity. Makes changes to definitions. Makes amendatory changes to the Boxing and Full-contact Martial Arts Act, the Cemetery Oversight Act, the Community Association Manager Licensing and Disciplinary Act, the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, the Detection of Deception Examiners Act, the Home Inspector License Act, the Massage Licensing Act, the Medical Practice Act of 1987, the Petroleum Equipment Contractors Licensing Act, the Professional Service Corporation Act, the Radiation Protection Act of 1990, the Real Estate Appraiser Licensing Act of 2002, and the Registered Interior Designers Act. Amends the Registered Interior Designers Act. Provides that all applicants and registrants under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation, which shall serve as the address of record and email address of record. Provides that nothing in the Act shall authorize registered interior designers to advertise services that they are prohibited to perform, including architecture or engineering services. Makes changes in provisions concerning the Board of Registered Interior Design Professionals; board recommendations; investigations and notice of hearings; restoration of registrations; the Illinois Administrative Procedure Act; confidentiality of information; and the General Professions Dedicated Fund. Makes other changes. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act, the Department of Professional Regulation Law of the Civil Administrative Code of Illinois, and the Cemetery Oversight Act take effect immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0020 [HB0806 Detail]

Download: Illinois-2021-HB0806-Enrolled.html



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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 Regulatory Sunset Act is amended by
5changing Sections 4.32 and 4.37 as follows:
6 (5 ILCS 80/4.32)
7 Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9 The Boxing and Full-contact Martial Arts Act.
10 The Cemetery Oversight Act.
11 The Collateral Recovery Act.
12 The Community Association Manager Licensing and
13Disciplinary Act.
14 The Crematory Regulation Act.
15 The Detection of Deception Examiners Act.
16 The Home Inspector License Act.
17 The Illinois Health Information Exchange and Technology
18Act.
19 The Medical Practice Act of 1987.
20 The Registered Interior Designers Act.
21 The Massage Licensing Act.
22 The Petroleum Equipment Contractors Licensing Act.
23 The Radiation Protection Act of 1990.

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1 The Real Estate Appraiser Licensing Act of 2002.
2 The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
6 (5 ILCS 80/4.37)
7 Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8The following are repealed on January 1, 2027:
9 The Clinical Psychologist Licensing Act.
10 The Illinois Optometric Practice Act of 1987.
11 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13 The Boiler and Pressure Vessel Repairer Regulation Act.
14 The Marriage and Family Therapy Licensing Act.
15 The Boxing and Full-contact Martial Arts Act.
16 The Cemetery Oversight Act.
17 The Community Association Manager Licensing and
18Disciplinary Act.
19 The Detection of Deception Examiners Act.
20 The Home Inspector License Act.
21 The Massage Licensing Act.
22 The Medical Practice Act of 1987.
23 The Petroleum Equipment Contractors Licensing Act.
24 The Radiation Protection Act of 1990.
25 The Real Estate Appraiser Licensing Act of 2002.

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1 The Registered Interior Designers Act.
2(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
399-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
48-18-17; 100-372, eff. 8-25-17.)
5 Section 10. The Department of Professional Regulation Law
6of the Civil Administrative Code of Illinois is amended by
7changing Sections 2105-35 and 2105-120 as follows:
8 (20 ILCS 2105/2105-35)
9 Sec. 2105-35. Prohibited uses of roster of information.
10Notwithstanding any other provision of law to the contrary,
11any roster of information including, but not limited to, the
12licensee's name, address, and profession, shall not be used by
13a third party for the purpose of marketing goods or services
14not related to the licensee's profession. Rosters provided by
15the Department shall comply with the requirements set forth
16under the Freedom of Information Act.
17(Source: P.A. 96-978, eff. 7-2-10.)
18 (20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
19 Sec. 2105-120. Board's report; licensee's or applicant's
20motion for rehearing.
21 (a) The board shall present to the Secretary Director its
22written report of its findings and recommendations. A copy of
23the report shall be served upon the licensee or applicant,

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1either personally or by mail or email as provided in Section
22105-100 for the service of the notice. The Secretary may
3issue an order that deviates from the board's report and is not
4required to provide the board with an explanation of the
5deviation.
6 (b) Within 20 days after the service required under
7subsection (a), the licensee or applicant may present to the
8Department a motion in writing for a rehearing. The written
9motion shall specify the particular grounds for a rehearing.
10If the licensee or applicant orders and pays for a transcript
11of the record as provided in Section 2105-115, the time
12elapsing thereafter and before the transcript is ready for
13delivery to the licensee or applicant shall not be counted as
14part of the 20 days.
15(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
16 Section 15. The Massage Licensing Act is amended by
17changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by
18adding Section 12 as follows:
19 (225 ILCS 57/1)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 1. Short title. This Act may be cited as the Massage
22Therapy Practice Licensing Act.
23(Source: P.A. 92-860, eff. 6-1-03.)

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1 (225 ILCS 57/10)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 10. Definitions. As used in this Act:
4 "Address of Record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit. It is the duty of the applicant or
8licensee to inform the Department of any change of address and
9those changes must be made either through the Department's
10website or by contacting the Department.
11 "Approved massage school" means a facility which meets
12minimum standards for training and curriculum as determined by
13the Department.
14 "Board" means the Massage Licensing Board appointed by the
15Secretary.
16 "Compensation" means the payment, loan, advance, donation,
17contribution, deposit, or gift of money or anything of value.
18 "Department" means the Department of Financial and
19Professional Regulation.
20 "Email address of record" means the designated email
21address recorded by the Department in the applicant's
22application file or the licensee's license file, as maintained
23by the Department's licensure maintenance unit.
24 "Massage" or "massage therapy" means a system of
25structured palpation or movement of the soft tissue of the
26body. The system may include, but is not limited to,

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1techniques such as effleurage or stroking and gliding,
2petrissage or kneading, tapotement or percussion, friction,
3vibration, compression, and stretching activities as they
4pertain to massage therapy. These techniques may be applied by
5a licensed massage therapist with or without the aid of
6lubricants, salt or herbal preparations, hydromassage, thermal
7massage, or a massage device that mimics or enhances the
8actions possible by human hands. The purpose of the practice
9of massage, as licensed under this Act, is to enhance the
10general health and well-being of the mind and body of the
11recipient. "Massage" does not include the diagnosis of a
12specific pathology. "Massage" does not include those acts of
13physical therapy or therapeutic or corrective measures that
14are outside the scope of massage therapy practice as defined
15in this Section.
16 "Massage therapist" means a person who is licensed by the
17Department and administers massage for compensation.
18 "Professional massage or bodywork therapy association"
19means a state or nationally chartered organization that is
20devoted to the massage specialty and therapeutic approach and
21meets the following requirements:
22 (1) The organization requires that its members meet
23 minimum educational requirements. The educational
24 requirements must include anatomy, physiology, hygiene,
25 sanitation, ethics, technical theory, and application of
26 techniques.

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1 (2) The organization has an established code of ethics
2 and has procedures for the suspension and revocation of
3 membership of persons violating the code of ethics.
4 "Secretary" means the Secretary of Financial and
5Professional Regulation.
6(Source: P.A. 97-514, eff. 8-23-11.)
7 (225 ILCS 57/12 new)
8 Sec. 12. Address of record; email address of record. All
9applicants and licensees shall:
10 (1) provide a valid address and email address to the
11 Department, which shall serve as the address of record and
12 email address of record, respectively, at the time of
13 application for licensure or renewal of a license; and
14 (2) inform the Department of any change of address of
15 record or email address of record within 14 days after
16 such change either through the Department's website or by
17 contacting the Department's licensure maintenance unit.
18 (225 ILCS 57/15)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 15. Licensure requirements.
21 (a) Persons engaged in massage for compensation must be
22licensed by the Department. The Department shall issue a
23license to an individual who meets all of the following
24requirements:

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1 (1) The applicant has applied in writing on the
2 prescribed forms and has paid the required fees.
3 (2) The applicant is at least 18 years of age and of
4 good moral character. In determining good moral character,
5 the Department may take into consideration conviction of
6 any crime under the laws of the United States or any state
7 or territory thereof that is a felony or a misdemeanor or
8 any crime that is directly related to the practice of the
9 profession. Such a conviction shall not operate
10 automatically as a complete bar to a license, except in
11 the case of any conviction for prostitution, rape, or
12 sexual misconduct, or where the applicant is a registered
13 sex offender.
14 (3) The applicant has met one of the following
15 requirements: (A) has successfully completed a massage
16 therapy program approved by the Department that requires a
17 minimum of 500 hours, except applicants applying on or
18 after January 1, 2014 shall meet a minimum requirement of
19 600 hours, and has passed a competency examination
20 approved by the Department. ; (B) holds a current license
21 from another jurisdiction having licensure requirements
22 that include the completion of a massage therapy program
23 of at least 500 hours; or (C) (blank).
24 (b) Each applicant for licensure as a massage therapist
25shall have his or her fingerprints submitted to the Department
26of State Police in an electronic format that complies with the

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1form and manner for requesting and furnishing criminal history
2record information as prescribed by the Department of State
3Police. These fingerprints shall be checked against the
4Department of State Police and Federal Bureau of Investigation
5criminal history record databases now and hereafter filed. The
6Department of State Police shall charge applicants a fee for
7conducting the criminal history records check, which shall be
8deposited into the State Police Services Fund and shall not
9exceed the actual cost of the records check. The Department of
10State Police shall furnish, pursuant to positive
11identification, records of Illinois convictions to the
12Department. The Department may require applicants to pay a
13separate fingerprinting fee, either to the Department or to a
14vendor. The Department, in its discretion, may allow an
15applicant who does not have reasonable access to a designated
16vendor to provide his or her fingerprints in an alternative
17manner. The Department may adopt any rules necessary to
18implement this Section.
19(Source: P.A. 97-514, eff. 8-23-11.)
20 (225 ILCS 57/25)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 25. Exemptions.
23 (a) This Act does not prohibit a person licensed under any
24other Act in this State from engaging in the practice for which
25he or she is licensed.

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1 (b) Persons exempted under this Section include, but are
2not limited to, physicians, podiatric physicians, naprapaths,
3and physical therapists.
4 (c) Nothing in this Act prohibits qualified members of
5other professional groups, including but not limited to
6nurses, occupational therapists, cosmetologists, and
7estheticians, from performing massage in a manner consistent
8with their training and the code of ethics of their respective
9professions.
10 (d) Nothing in this Act prohibits a student of an approved
11massage school or program from performing massage, provided
12that the student does not hold himself or herself out as a
13licensed massage therapist and does not receive compensation,
14including tips, for massage therapy services.
15 (e) Nothing in this Act prohibits practitioners that do
16not involve intentional soft tissue manipulation, including
17but not limited to Alexander Technique, Feldenkrais, Reike,
18and Therapeutic Touch, from practicing.
19 (f) Practitioners of certain service marked bodywork
20approaches that do involve intentional soft tissue
21manipulation, including but not limited to Rolfing, Trager
22Approach, Polarity Therapy, and Orthobionomy, are exempt from
23this Act if they are approved by their governing body based on
24a minimum level of training, demonstration of competency, and
25adherence to ethical standards.
26 (g) Until January 1, 2024 2020, practitioners of Asian

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1bodywork approaches are exempt from this Act if they are
2members of the American Organization for of Bodywork Therapies
3of Asia are exempt from licensure under this Act as certified
4practitioners or if they are approved by an Asian bodywork
5organization based on a minimum level of training,
6demonstration of competency, and adherence to ethical
7standards set by their governing body.
8 (h) Practitioners of other forms of bodywork who restrict
9manipulation of soft tissue to the feet, hands, and ears, and
10who do not have the client disrobe, such as reflexology, are
11exempt from this Act.
12 (i) Nothing in this Act applies to massage therapists from
13other states or countries when providing educational programs
14or services for a period not exceeding 30 days within a
15calendar year.
16 (j) Nothing in this Act prohibits a person from treating
17ailments by spiritual means through prayer alone in accordance
18with the tenets and practices of a recognized church or
19religious denomination.
20 (k) Nothing in this Act applies to the practice of massage
21therapy by a person either actively licensed as a massage
22therapist in another state or currently certified by the
23National Certification Board of Therapeutic Massage and
24Bodywork or other national certifying body if said person's
25state does not license massage therapists, if he or she is
26performing his or her duties for a Department-approved

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1educational program for less than 30 days in a calendar year, a
2Department-approved continuing education program for less than
330 days in a calendar year, a non-Illinois based team or
4professional organization, or for a national athletic event
5held in this State, so long as he or she restricts his or her
6practice to his or her team or organization or to event
7participants during the course of his or her team's or
8organization's stay in this State or for the duration of the
9event.
10(Source: P.A. 101-421, eff. 8-16-19.)
11 (225 ILCS 57/32)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 32. Display. Every holder of a license shall display
14it, or a copy, in a conspicuous place in the holder's principal
15office or any other location where the holder renders massage
16therapy services. Every displayed license shall have the
17license number visible.
18(Source: P.A. 97-514, eff. 8-23-11.)
19 (225 ILCS 57/45)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 45. Grounds for discipline.
22 (a) The Department may refuse to issue or renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action, as the Department

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1considers appropriate, including the imposition of fines not
2to exceed $10,000 for each violation, with regard to any
3license or licensee for any one or more of the following:
4 (1) violations of this Act or of the rules adopted
5 under this Act;
6 (2) conviction by plea of guilty or nolo contendere,
7 finding of guilt, jury verdict, or entry of judgment or by
8 sentencing of any crime, including, but not limited to,
9 convictions, preceding sentences of supervision,
10 conditional discharge, or first offender probation, under
11 the laws of any jurisdiction of the United States: (i)
12 that is a felony; or (ii) that is a misdemeanor, an
13 essential element of which is dishonesty, or that is
14 directly related to the practice of the profession;
15 (3) professional incompetence;
16 (4) advertising in a false, deceptive, or misleading
17 manner, including failing to use the massage therapist's
18 own license number in an advertisement;
19 (5) aiding, abetting, assisting, procuring, advising,
20 employing, or contracting with any unlicensed person to
21 practice massage contrary to any rules or provisions of
22 this Act;
23 (6) engaging in immoral conduct in the commission of
24 any act, such as sexual abuse, sexual misconduct, or
25 sexual exploitation, related to the licensee's practice;
26 (7) engaging in dishonorable, unethical, or

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1 unprofessional conduct of a character likely to deceive,
2 defraud, or harm the public;
3 (8) practicing or offering to practice beyond the
4 scope permitted by law or accepting and performing
5 professional responsibilities which the licensee knows or
6 has reason to know that he or she is not competent to
7 perform;
8 (9) knowingly delegating professional
9 responsibilities to a person unqualified by training,
10 experience, or licensure to perform;
11 (10) failing to provide information in response to a
12 written request made by the Department within 60 days;
13 (11) having a habitual or excessive use of or
14 addiction to alcohol, narcotics, stimulants, or any other
15 chemical agent or drug which results in the inability to
16 practice with reasonable judgment, skill, or safety;
17 (12) having a pattern of practice or other behavior
18 that demonstrates incapacity or incompetence to practice
19 under this Act;
20 (13) discipline by another state, District of
21 Columbia, territory, or foreign nation, if at least one of
22 the grounds for the discipline is the same or
23 substantially equivalent to those set forth in this
24 Section;
25 (14) a finding by the Department that the licensee,
26 after having his or her license placed on probationary

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1 status, has violated the terms of probation;
2 (15) willfully making or filing false records or
3 reports in his or her practice, including, but not limited
4 to, false records filed with State agencies or
5 departments;
6 (16) making a material misstatement in furnishing
7 information to the Department or otherwise making
8 misleading, deceptive, untrue, or fraudulent
9 representations in violation of this Act or otherwise in
10 the practice of the profession;
11 (17) fraud or misrepresentation in applying for or
12 procuring a license under this Act or in connection with
13 applying for renewal of a license under this Act;
14 (18) inability to practice the profession with
15 reasonable judgment, skill, or safety as a result of
16 physical illness, including, but not limited to,
17 deterioration through the aging process, loss of motor
18 skill, or a mental illness or disability;
19 (19) charging for professional services not rendered,
20 including filing false statements for the collection of
21 fees for which services are not rendered;
22 (20) practicing under a false or, except as provided
23 by law, an assumed name; or
24 (21) cheating on or attempting to subvert the
25 licensing examination administered under this Act.
26 All fines shall be paid within 60 days of the effective

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1date of the order imposing the fine.
2 (b) A person not licensed under this Act and engaged in the
3business of offering massage therapy services through others,
4shall not aid, abet, assist, procure, advise, employ, or
5contract with any unlicensed person to practice massage
6therapy contrary to any rules or provisions of this Act. A
7person violating this subsection (b) shall be treated as a
8licensee for the purposes of disciplinary action under this
9Section and shall be subject to cease and desist orders as
10provided in Section 90 of this Act.
11 (c) The Department shall revoke any license issued under
12this Act of any person who is convicted of prostitution, rape,
13sexual misconduct, or any crime that subjects the licensee to
14compliance with the requirements of the Sex Offender
15Registration Act and any such conviction shall operate as a
16permanent bar in the State of Illinois to practice as a massage
17therapist.
18 (d) The Department may refuse to issue or may suspend the
19license of any person who fails to file a tax return, to pay
20the tax, penalty, or interest shown in a filed tax return, or
21to pay any final assessment of tax, penalty, or interest, as
22required by any tax Act administered by the Illinois
23Department of Revenue, until such time as the requirements of
24the tax Act are satisfied in accordance with subsection (g) of
25Section 2105-15 of the Civil Administrative Code of Illinois.
26 (e) (Blank).

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1 (f) In cases where the Department of Healthcare and Family
2Services has previously determined that a licensee or a
3potential licensee is more than 30 days delinquent in the
4payment of child support and has subsequently certified the
5delinquency to the Department, the Department may refuse to
6issue or renew or may revoke or suspend that person's license
7or may take other disciplinary action against that person
8based solely upon the certification of delinquency made by the
9Department of Healthcare and Family Services in accordance
10with item (5) of subsection (a) of Section 2105-15 of the Civil
11Administrative Code of Illinois.
12 (g) The determination by a circuit court that a licensee
13is subject to involuntary admission or judicial admission, as
14provided in the Mental Health and Developmental Disabilities
15Code, operates as an automatic suspension. The suspension will
16end only upon a finding by a court that the patient is no
17longer subject to involuntary admission or judicial admission
18and the issuance of a court order so finding and discharging
19the patient.
20 (h) In enforcing this Act, the Department or Board, upon a
21showing of a possible violation, may compel an individual
22licensed to practice under this Act, or who has applied for
23licensure under this Act, to submit to a mental or physical
24examination, or both, as required by and at the expense of the
25Department. The Department or Board may order the examining
26physician to present testimony concerning the mental or

HB0806 Enrolled- 18 -LRB102 02614 SPS 12617 b
1physical examination of the licensee or applicant. No
2information shall be excluded by reason of any common law or
3statutory privilege relating to communications between the
4licensee or applicant and the examining physician. The
5examining physicians shall be specifically designated by the
6Board or Department. The individual to be examined may have,
7at his or her own expense, another physician of his or her
8choice present during all aspects of this examination. The
9examination shall be performed by a physician licensed to
10practice medicine in all its branches. Failure of an
11individual to submit to a mental or physical examination, when
12directed, shall result in an automatic suspension without
13hearing.
14 A person holding a license under this Act or who has
15applied for a license under this Act who, because of a physical
16or mental illness or disability, including, but not limited
17to, deterioration through the aging process or loss of motor
18skill, is unable to practice the profession with reasonable
19judgment, skill, or safety, may be required by the Department
20to submit to care, counseling, or treatment by physicians
21approved or designated by the Department as a condition, term,
22or restriction for continued, reinstated, or renewed licensure
23to practice. Submission to care, counseling, or treatment as
24required by the Department shall not be considered discipline
25of a license. If the licensee refuses to enter into a care,
26counseling, or treatment agreement or fails to abide by the

HB0806 Enrolled- 19 -LRB102 02614 SPS 12617 b
1terms of the agreement, the Department may file a complaint to
2revoke, suspend, or otherwise discipline the license of the
3individual. The Secretary may order the license suspended
4immediately, pending a hearing by the Department. Fines shall
5not be assessed in disciplinary actions involving physical or
6mental illness or impairment.
7 In instances in which the Secretary immediately suspends a
8person's license under this Section, a hearing on that
9person's license must be convened by the Department within 15
10days after the suspension and completed without appreciable
11delay. The Department and Board shall have the authority to
12review the subject individual's record of treatment and
13counseling regarding the impairment to the extent permitted by
14applicable federal statutes and regulations safeguarding the
15confidentiality of medical records.
16 An individual licensed under this Act and affected under
17this Section shall be afforded an opportunity to demonstrate
18to the Department or Board that he or she can resume practice
19in compliance with acceptable and prevailing standards under
20the provisions of his or her license.
21(Source: P.A. 100-872, eff. 8-14-18.)
22 (225 ILCS 57/50)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 50. Advertising. It is a misdemeanor for any person,
25organization, or corporation to advertise massage services

HB0806 Enrolled- 20 -LRB102 02614 SPS 12617 b
1unless the person providing the service holds a valid license
2under this Act, except for those excluded licensed
3professionals who are allowed to include massage in their
4scope of practice. A massage therapist may not advertise
5unless he or she has a current license issued by this State. A
6massage therapist shall include the current license number
7issued by the Department on all advertisements in accordance
8with paragraph (4) of subsection (a) of Section 45.
9"Advertise" as used in this Section includes, but is not
10limited to, the issuance of any card, sign, or device to any
11person; the causing, permitting, or allowing of any sign or
12marking on or in any building, vehicle, or structure;
13advertising in any newspaper or magazine; any listing or
14advertising in any directory under a classification or heading
15that includes the words "massage", "massage therapist",
16"therapeutic massage", or "massage therapeutic"; or
17commercials broadcast by any means.
18(Source: P.A. 92-860, eff. 6-1-03.)
19 (225 ILCS 57/60)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 60. Illinois Administrative Procedure Act. The
22Illinois Administrative Procedure Act is hereby expressly
23adopted and incorporated herein as if all of the provisions of
24that Act were included in this Act, except that the provision
25of subsection (d) of Section 10-65 of the Illinois

HB0806 Enrolled- 21 -LRB102 02614 SPS 12617 b
1Administrative Procedure Act that provides that at hearings
2the licensee has the right to show compliance with all lawful
3requirements for retention, continuation, or renewal of the
4license is specifically excluded. For the purposes of this Act
5the notice required under Section 10-25 of the Illinois
6Administrative Procedure Act is deemed sufficient when mailed
7to the address of record or emailed to the email address of
8record of a party.
9(Source: P.A. 97-514, eff. 8-23-11.)
10 (225 ILCS 57/95)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 95. Investigations; notice and hearing. The
13Department may investigate the actions of any applicant or of
14any person or persons rendering or offering to render massage
15therapy services or any person holding or claiming to hold a
16license as a massage therapist. The Department shall, before
17refusing to issue or renew a license or to discipline a
18licensee under Section 45, at least 30 days prior to the date
19set for the hearing, (i) notify the accused in writing of the
20charges made and the time and place for the hearing on the
21charges, (ii) direct him or her to file a written answer with
22the Department under oath within 20 days after the service of
23the notice, and (iii) inform the applicant or licensee that
24failure to file an answer will result in a default judgment
25being entered against the applicant or licensee. At the time

HB0806 Enrolled- 22 -LRB102 02614 SPS 12617 b
1and place fixed in the notice, the Department shall proceed to
2hear the charges and the parties of their counsel shall be
3accorded ample opportunity to present any pertinent
4statements, testimony, evidence, and arguments. The Department
5may continue the hearing from time to time. In case the person,
6after receiving the notice, fails to file an answer, his or her
7license may, in the discretion of the Department, be revoked,
8suspended, placed on probationary status, or the Department
9may take whatever disciplinary actions considered proper,
10including limiting the scope, nature, or extent of the
11person's practice or the imposition of a fine, without a
12hearing, if the act or acts charged constitute sufficient
13grounds for that action under the Act. The written notice may
14be served by personal delivery, or by certified mail to the
15accused's address of record, or by email to the accused's
16email address of record.
17(Source: P.A. 97-514, eff. 8-23-11.)
18 Section 20. The Medical Practice Act of 1987 is amended by
19changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,
2022, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and
21by adding Sections 7.1 and 7.2 as follows:
22 (225 ILCS 60/2) (from Ch. 111, par. 4400-2)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 2. Definitions. For purposes of this Act, the

HB0806 Enrolled- 23 -LRB102 02614 SPS 12617 b
1following definitions shall have the following meanings,
2except where the context requires otherwise:
3 "Act" means the Medical Practice Act of 1987.
4 "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit.
8 "Chiropractic physician" means a person licensed to treat
9human ailments without the use of drugs and without operative
10surgery. Nothing in this Act shall be construed to prohibit a
11chiropractic physician from providing advice regarding the use
12of non-prescription products or from administering atmospheric
13oxygen. Nothing in this Act shall be construed to authorize a
14chiropractic physician to prescribe drugs.
15 "Department" means the Department of Financial and
16Professional Regulation.
17 "Disciplinary action" means revocation, suspension,
18probation, supervision, practice modification, reprimand,
19required education, fines or any other action taken by the
20Department against a person holding a license.
21 "Disciplinary Board" means the Medical Disciplinary Board.
22 "Email address of record" means the designated email
23address recorded by the Department in the applicant's
24application file or the licensee's license file, as maintained
25by the Department's licensure maintenance unit.
26 "Final determination" means the governing body's final

HB0806 Enrolled- 24 -LRB102 02614 SPS 12617 b
1action taken under the procedure followed by a health care
2institution, or professional association or society, against
3any person licensed under the Act in accordance with the
4bylaws or rules and regulations of such health care
5institution, or professional association or society.
6 "Fund" means the Illinois State Medical Disciplinary Fund.
7 "Impaired" means the inability to practice medicine with
8reasonable skill and safety due to physical or mental
9disabilities as evidenced by a written determination or
10written consent based on clinical evidence including
11deterioration through the aging process or loss of motor
12skill, or abuse of drugs or alcohol, of sufficient degree to
13diminish a person's ability to deliver competent patient care.
14 "Licensing Board" means the Medical Licensing Board.
15 "Medical Board" means the Illinois State Medical Board.
16 "Physician" means a person licensed under the Medical
17Practice Act to practice medicine in all of its branches or a
18chiropractic physician.
19 "Professional association" means an association or society
20of persons licensed under this Act, and operating within the
21State of Illinois, including but not limited to, medical
22societies, osteopathic organizations, and chiropractic
23organizations, but this term shall not be deemed to include
24hospital medical staffs.
25 "Program of care, counseling, or treatment" means a
26written schedule of organized treatment, care, counseling,

HB0806 Enrolled- 25 -LRB102 02614 SPS 12617 b
1activities, or education, satisfactory to the Medical
2Disciplinary Board, designed for the purpose of restoring an
3impaired person to a condition whereby the impaired person can
4practice medicine with reasonable skill and safety of a
5sufficient degree to deliver competent patient care.
6 "Reinstate" means to change the status of a license from
7inactive or nonrenewed status to active status.
8 "Restore" means to remove an encumbrance from a license
9due to probation, suspension, or revocation.
10 "Secretary" means the Secretary of the Department of
11Financial and Professional Regulation.
12(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
13 (225 ILCS 60/7) (from Ch. 111, par. 4400-7)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 7. Medical Disciplinary Board.
16 (A) There is hereby created the Illinois State Medical
17Disciplinary Board. The Disciplinary Board shall consist of 11
18members, to be appointed by the Governor by and with the advice
19and consent of the Senate. All members shall be residents of
20the State, not more than 6 of whom shall be members of the same
21political party. All members shall be voting members. Five
22members shall be physicians licensed to practice medicine in
23all of its branches in Illinois possessing the degree of
24doctor of medicine. One member shall be a physician licensed
25to practice medicine in all its branches in Illinois

HB0806 Enrolled- 26 -LRB102 02614 SPS 12617 b
1possessing the degree of doctor of osteopathy or osteopathic
2medicine. One member shall be a chiropractic physician
3licensed to practice in Illinois and possessing the degree of
4doctor of chiropractic. Four members shall be members of the
5public, who shall not be engaged in any way, directly or
6indirectly, as providers of health care.
7 (B) Members of the Disciplinary Board shall be appointed
8for terms of 4 years. Upon the expiration of the term of any
9member, their successor shall be appointed for a term of 4
10years by the Governor by and with the advice and consent of the
11Senate. The Governor shall fill any vacancy for the remainder
12of the unexpired term with the advice and consent of the
13Senate. Upon recommendation of the Board, any member of the
14Disciplinary Board may be removed by the Governor for
15misfeasance, malfeasance, or wilful neglect of duty, after
16notice, and a public hearing, unless such notice and hearing
17shall be expressly waived in writing. Each member shall serve
18on the Disciplinary Board until their successor is appointed
19and qualified. No member of the Disciplinary Board shall serve
20more than 2 consecutive 4 year terms.
21 In making appointments the Governor shall attempt to
22insure that the various social and geographic regions of the
23State of Illinois are properly represented.
24 In making the designation of persons to act for the
25several professions represented on the Disciplinary Board, the
26Governor shall give due consideration to recommendations by

HB0806 Enrolled- 27 -LRB102 02614 SPS 12617 b
1members of the respective professions and by organizations
2therein.
3 (C) The Disciplinary Board shall annually elect one of its
4voting members as chairperson and one as vice chairperson. No
5officer shall be elected more than twice in succession to the
6same office. Each officer shall serve until their successor
7has been elected and qualified.
8 (D) (Blank).
9 (E) Six voting members of the Disciplinary Board, at least
104 of whom are physicians, shall constitute a quorum. A vacancy
11in the membership of the Disciplinary Board shall not impair
12the right of a quorum to exercise all the rights and perform
13all the duties of the Disciplinary Board. Any action taken by
14the Disciplinary Board under this Act may be authorized by
15resolution at any regular or special meeting and each such
16resolution shall take effect immediately. The Disciplinary
17Board shall meet at least quarterly.
18 (F) Each member, and member-officer, of the Disciplinary
19Board shall receive a per diem stipend as the Secretary shall
20determine. Each member shall be paid their necessary expenses
21while engaged in the performance of their duties.
22 (G) The Secretary shall select a Chief Medical Coordinator
23and not less than 2 Deputy Medical Coordinators who shall not
24be members of the Disciplinary Board. Each medical coordinator
25shall be a physician licensed to practice medicine in all of
26its branches, and the Secretary shall set their rates of

HB0806 Enrolled- 28 -LRB102 02614 SPS 12617 b
1compensation. The Secretary shall assign at least one medical
2coordinator to a region composed of Cook County and such other
3counties as the Secretary may deem appropriate, and such
4medical coordinator or coordinators shall locate their office
5in Chicago. The Secretary shall assign at least one medical
6coordinator to a region composed of the balance of counties in
7the State, and such medical coordinator or coordinators shall
8locate their office in Springfield. The Chief Medical
9Coordinator shall be the chief enforcement officer of this
10Act. None of the functions, powers, or duties of the
11Department with respect to policies regarding enforcement or
12discipline under this Act, including the adoption of such
13rules as may be necessary for the administration of this Act,
14shall be exercised by the Department except upon review of the
15Disciplinary Board.
16 The Secretary shall employ, in conformity with the
17Personnel Code, investigators who are college graduates with
18at least 2 years of investigative experience or one year of
19advanced medical education. Upon the written request of the
20Disciplinary Board, the Secretary shall employ, in conformity
21with the Personnel Code, such other professional, technical,
22investigative, and clerical help, either on a full or
23part-time basis as the Disciplinary Board deems necessary for
24the proper performance of its duties.
25 (H) Upon the specific request of the Disciplinary Board,
26signed by either the chairperson, vice chairperson, or a

HB0806 Enrolled- 29 -LRB102 02614 SPS 12617 b
1medical coordinator of the Disciplinary Board, the Department
2of Human Services, the Department of Healthcare and Family
3Services, the Department of State Police, or any other law
4enforcement agency located in this State shall make available
5any and all information that they have in their possession
6regarding a particular case then under investigation by the
7Disciplinary Board.
8 (I) Members of the Disciplinary Board shall be immune from
9suit in any action based upon any disciplinary proceedings or
10other acts performed in good faith as members of the
11Disciplinary Board.
12 (J) The Disciplinary Board may compile and establish a
13statewide roster of physicians and other medical
14professionals, including the several medical specialties, of
15such physicians and medical professionals, who have agreed to
16serve from time to time as advisors to the medical
17coordinators. Such advisors shall assist the medical
18coordinators or the Disciplinary Board in their investigations
19and participation in complaints against physicians. Such
20advisors shall serve under contract and shall be reimbursed at
21a reasonable rate for the services provided, plus reasonable
22expenses incurred. While serving in this capacity, the
23advisor, for any act undertaken in good faith and in the
24conduct of his or her duties under this Section, shall be
25immune from civil suit.
26 (K) This Section is inoperative when a majority of the

HB0806 Enrolled- 30 -LRB102 02614 SPS 12617 b
1Medical Board is appointed. This Section is repealed one year
2after the effective date of this amendatory Act of the 102nd
3General Assembly.
4(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
5 (225 ILCS 60/7.1 new)
6 Sec. 7.1. Medical Board.
7 (A) There is hereby created the Illinois State Medical
8Board. The Medical Board shall consist of 17 members, to be
9appointed by the Governor by and with the advice and consent of
10the Senate. All members shall be residents of the State, not
11more than 8 of whom shall be members of the same political
12party. All members shall be voting members. Eight members
13shall be physicians licensed to practice medicine in all of
14its branches in Illinois possessing the degree of doctor of
15medicine. Two members shall be physicians licensed to practice
16medicine in all its branches in Illinois possessing the degree
17of doctor of osteopathy or osteopathic medicine. Two of the
18physician members shall be physicians who collaborate with
19physician assistants. Two members shall be chiropractic
20physicians licensed to practice in Illinois and possessing the
21degree of doctor of chiropractic. Two members shall be
22physician assistants licensed to practice in Illinois. Three
23members shall be members of the public, who shall not be
24engaged in any way, directly or indirectly, as providers of
25health care.

HB0806 Enrolled- 31 -LRB102 02614 SPS 12617 b
1 (B) Members of the Medical Board shall be appointed for
2terms of 4 years. Upon the expiration of the term of any
3member, their successor shall be appointed for a term of 4
4years by the Governor by and with the advice and consent of the
5Senate. The Governor shall fill any vacancy for the remainder
6of the unexpired term with the advice and consent of the
7Senate. Upon recommendation of the Medical Board, any member
8of the Medical Board may be removed by the Governor for
9misfeasance, malfeasance, or willful neglect of duty, after
10notice, and a public hearing, unless such notice and hearing
11shall be expressly waived in writing. Each member shall serve
12on the Medical Board until their successor is appointed and
13qualified. No member of the Medical Board shall serve more
14than 2 consecutive 4-year terms.
15 In making appointments the Governor shall attempt to
16ensure that the various social and geographic regions of the
17State of Illinois are properly represented.
18 In making the designation of persons to act for the
19several professions represented on the Medical Board, the
20Governor shall give due consideration to recommendations by
21members of the respective professions and by organizations
22therein.
23 (C) The Medical Board shall annually elect one of its
24voting members as chairperson and one as vice chairperson. No
25officer shall be elected more than twice in succession to the
26same office. Each officer shall serve until their successor

HB0806 Enrolled- 32 -LRB102 02614 SPS 12617 b
1has been elected and qualified.
2 (D) A majority of the Medical Board members currently
3appointed shall constitute a quorum. A vacancy in the
4membership of the Medical Board shall not impair the right of a
5quorum to exercise all the rights and perform all the duties of
6the Medical Board. Any action taken by the Medical Board under
7this Act may be authorized by resolution at any regular or
8special meeting and each such resolution shall take effect
9immediately. The Medical Board shall meet at least quarterly.
10 (E) Each member shall be paid their necessary expenses
11while engaged in the performance of their duties.
12 (F) The Secretary shall select a Chief Medical Coordinator
13and not less than 2 Deputy Medical Coordinators who shall not
14be members of the Medical Board. Each medical coordinator
15shall be a physician licensed to practice medicine in all of
16its branches, and the Secretary shall set their rates of
17compensation. The Secretary shall assign at least one medical
18coordinator to a region composed of Cook County and such other
19counties as the Secretary may deem appropriate, and such
20medical coordinator or coordinators shall locate their office
21in Chicago. The Secretary shall assign at least one medical
22coordinator to a region composed of the balance of counties in
23the State, and such medical coordinator or coordinators shall
24locate their office in Springfield. The Chief Medical
25Coordinator shall be the chief enforcement officer of this
26Act. None of the functions, powers, or duties of the

HB0806 Enrolled- 33 -LRB102 02614 SPS 12617 b
1Department with respect to policies regarding enforcement or
2discipline under this Act, including the adoption of such
3rules as may be necessary for the administration of this Act,
4shall be exercised by the Department except upon review of the
5Medical Board.
6 (G) The Secretary shall employ, in conformity with the
7Personnel Code, investigators who are college graduates with
8at least 2 years of investigative experience or one year of
9advanced medical education. Upon the written request of the
10Medical Board, the Secretary shall employ, in conformity with
11the Personnel Code, such other professional, technical,
12investigative, and clerical help, either on a full or
13part-time basis as the Medical Board deems necessary for the
14proper performance of its duties.
15 (H) Upon the specific request of the Medical Board, signed
16by either the chairperson, vice chairperson, or a medical
17coordinator of the Medical Board, the Department of Human
18Services, the Department of Healthcare and Family Services,
19the Department of State Police, or any other law enforcement
20agency located in this State shall make available any and all
21information that they have in their possession regarding a
22particular case then under investigation by the Medical Board.
23 (I) Members of the Medical Board shall be immune from suit
24in any action based upon any disciplinary proceedings or other
25acts performed in good faith as members of the Medical Board.
26 (J) The Medical Board may compile and establish a

HB0806 Enrolled- 34 -LRB102 02614 SPS 12617 b
1statewide roster of physicians and other medical
2professionals, including the several medical specialties, of
3such physicians and medical professionals, who have agreed to
4serve from time to time as advisors to the medical
5coordinators. Such advisors shall assist the medical
6coordinators or the Medical Board in their investigations and
7participation in complaints against physicians. Such advisors
8shall serve under contract and shall be reimbursed at a
9reasonable rate for the services provided, plus reasonable
10expenses incurred. While serving in this capacity, the
11advisor, for any act undertaken in good faith and in the
12conduct of his or her duties under this Section, shall be
13immune from civil suit.
14 (225 ILCS 60/7.2 new)
15 Sec. 7.2. Medical Board appointment. All members of the
16Medical Licensing Board and the Medical Disciplinary Board
17shall serve as members of the Medical Board. A majority of the
18Medical Board members shall be appointed within 260 days after
19the effective date of this amendatory Act of the 102nd General
20Assembly. The Medical Licensing Board and Medical Disciplinary
21Board shall exercise all functions, powers, and duties
22enumerated in this Act to the Medical Board. All functions,
23powers, and duties enumerated in this Act to the Medical
24Licensing Board and Medical Disciplinary Board shall dissolve
25at such time when a majority of the Medical Board is appointed.

HB0806 Enrolled- 35 -LRB102 02614 SPS 12617 b
1This Section is repealed one year after the effective date of
2this amendatory Act of the 102nd General Assembly.
3 (225 ILCS 60/7.5)
4 (Section scheduled to be repealed on January 1, 2022)
5 Sec. 7.5. Complaint Committee.
6 (a) There shall be a Complaint Committee of the Medical
7Disciplinary Board composed of at least one of the medical
8coordinators established by subsection (G) of Section 7 of
9this Act, the Chief of Medical Investigations (person employed
10by the Department who is in charge of investigating complaints
11against physicians and physician assistants), the Chief of
12Medical Prosecutions (the person employed by the Department
13who is in charge of prosecuting formal complaints against
14physicians and physician assistants), and at least 3 members
15of the Medical Disciplinary Board (at least 2 of whom shall be
16physicians) designated by the Chairperson of the Medical
17Disciplinary Board with the approval of the Medical
18Disciplinary Board.
19 (b) The Complaint Committee shall meet at least twice a
20month to exercise its functions and duties set forth in
21subsection (c) below. At least 2 members of the Medical
22Disciplinary Board shall be in attendance in order for any
23business to be transacted by the Complaint Committee. The
24Complaint Committee shall make every effort to consider
25expeditiously and take prompt action on each item on its

HB0806 Enrolled- 36 -LRB102 02614 SPS 12617 b
1agenda.
2 (c) The Complaint Committee shall have the following
3duties and functions:
4 (1) To recommend to the Medical Disciplinary Board
5 that a complaint file be closed.
6 (2) To refer a complaint file to the office of the
7 Chief of Medical Prosecutions for review.
8 (3) To make a decision in conjunction with the Chief
9 of Medical Prosecutions regarding action to be taken on a
10 complaint file.
11 (d) In determining what action to take or whether to
12proceed with prosecution of a complaint, the Complaint
13Committee shall consider, but not be limited to, the following
14factors: sufficiency of the evidence presented, prosecutorial
15merit under Section 22 of this Act, any recommendation made by
16the Department, and insufficient cooperation from complaining
17parties.
18 (e) Notwithstanding any provision of this Act, the
19Department may close a complaint, after investigation and
20approval of the Chief Medical Coordinator without review of
21the Complaint Committee, in which the allegations of the
22complaint if proven would not constitute a violation of the
23Act, there is insufficient evidence to prove a violation of
24the Act, or there is insufficient cooperation from complaining
25parties, as determined by the Department.
26(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)

HB0806 Enrolled- 37 -LRB102 02614 SPS 12617 b
1 (225 ILCS 60/8) (from Ch. 111, par. 4400-8)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 8. Medical Licensing Board.
4 (A) There is hereby created a Medical Licensing Board. The
5Licensing Board shall be composed of 7 members, to be
6appointed by the Governor by and with the advice and consent of
7the Senate; 5 of whom shall be reputable physicians licensed
8to practice medicine in all of its branches in Illinois,
9possessing the degree of doctor of medicine; one member shall
10be a reputable physician licensed in Illinois to practice
11medicine in all of its branches, possessing the degree of
12doctor of osteopathy or osteopathic medicine; and one member
13shall be a reputable chiropractic physician licensed to
14practice in Illinois and possessing the degree of doctor of
15chiropractic. Of the 5 members holding the degree of doctor of
16medicine, one shall be a full-time or part-time teacher of
17professorial rank in the clinical department of an Illinois
18school of medicine.
19 (B) Members of the Licensing Board shall be appointed for
20terms of 4 years, and until their successors are appointed and
21qualified. Appointments to fill vacancies shall be made in the
22same manner as original appointments, for the unexpired
23portion of the vacated term. No more than 4 members of the
24Licensing Board shall be members of the same political party
25and all members shall be residents of this State. No member of

HB0806 Enrolled- 38 -LRB102 02614 SPS 12617 b
1the Licensing Board may be appointed to more than 2 successive
24 year terms.
3 (C) Members of the Licensing Board shall be immune from
4suit in any action based upon any licensing proceedings or
5other acts performed in good faith as members of the Licensing
6Board.
7 (D) (Blank).
8 (E) The Licensing Board shall annually elect one of its
9members as chairperson and one as vice chairperson. No member
10shall be elected more than twice in succession to the same
11office. Each officer shall serve until his or her successor
12has been elected and qualified.
13 (F) None of the functions, powers or duties of the
14Department with respect to policies regarding licensure and
15examination under this Act, including the promulgation of such
16rules as may be necessary for the administration of this Act,
17shall be exercised by the Department except upon review of the
18Licensing Board.
19 (G) The Licensing Board shall receive the same
20compensation as the members of the Disciplinary Board, which
21compensation shall be paid out of the Illinois State Medical
22Disciplinary Fund.
23 (H) This Section is inoperative when a majority of the
24Medical Board is appointed. This Section is repealed one year
25after the effective date of this amendatory Act of the 102nd
26General Assembly.

HB0806 Enrolled- 39 -LRB102 02614 SPS 12617 b
1(Source: P.A. 97-622, eff. 11-23-11.)
2 (225 ILCS 60/8.1)
3 (Section scheduled to be repealed on January 1, 2022)
4 Sec. 8.1. Matters concerning advanced practice registered
5nurses. Any proposed rules, amendments, second notice
6materials and adopted rule or amendment materials, and policy
7statements concerning advanced practice registered nurses
8shall be presented to the Medical Licensing Board for review
9and comment. The recommendations of both the Board of Nursing
10and the Medical Licensing Board shall be presented to the
11Secretary for consideration in making final decisions.
12Whenever the Board of Nursing and the Medical Licensing Board
13disagree on a proposed rule or policy, the Secretary shall
14convene a joint meeting of the officers of each Board to
15discuss the resolution of any such disagreements.
16(Source: P.A. 100-513, eff. 1-1-18.)
17 (225 ILCS 60/9) (from Ch. 111, par. 4400-9)
18 (Section scheduled to be repealed on January 1, 2022)
19 Sec. 9. Application for license. Each applicant for a
20license shall:
21 (A) Make application on blank forms prepared and
22 furnished by the Department.
23 (B) Submit evidence satisfactory to the Department
24 that the applicant:

HB0806 Enrolled- 40 -LRB102 02614 SPS 12617 b
1 (1) is of good moral character. In determining
2 moral character under this Section, the Department may
3 take into consideration whether the applicant has
4 engaged in conduct or activities which would
5 constitute grounds for discipline under this Act. The
6 Department may also request the applicant to submit,
7 and may consider as evidence of moral character,
8 endorsements from 2 or 3 individuals licensed under
9 this Act;
10 (2) has the preliminary and professional education
11 required by this Act;
12 (3) (blank); and
13 (4) is physically, mentally, and professionally
14 capable of practicing medicine with reasonable
15 judgment, skill, and safety. In determining physical
16 and mental capacity under this Section, the Medical
17 Licensing Board may, upon a showing of a possible
18 incapacity or conduct or activities that would
19 constitute grounds for discipline under this Act,
20 compel any applicant to submit to a mental or physical
21 examination and evaluation, or both, as provided for
22 in Section 22 of this Act. The Medical Licensing Board
23 may condition or restrict any license, subject to the
24 same terms and conditions as are provided for the
25 Medical Disciplinary Board under Section 22 of this
26 Act. Any such condition of a restricted license shall

HB0806 Enrolled- 41 -LRB102 02614 SPS 12617 b
1 provide that the Chief Medical Coordinator or Deputy
2 Medical Coordinator shall have the authority to review
3 the subject physician's compliance with such
4 conditions or restrictions, including, where
5 appropriate, the physician's record of treatment and
6 counseling regarding the impairment, to the extent
7 permitted by applicable federal statutes and
8 regulations safeguarding the confidentiality of
9 medical records of patients.
10 In determining professional capacity under this
11 Section, an individual may be required to complete such
12 additional testing, training, or remedial education as the
13 Medical Licensing Board may deem necessary in order to
14 establish the applicant's present capacity to practice
15 medicine with reasonable judgment, skill, and safety. The
16 Medical Licensing Board may consider the following
17 criteria, as they relate to an applicant, as part of its
18 determination of professional capacity:
19 (1) Medical research in an established research
20 facility, hospital, college or university, or private
21 corporation.
22 (2) Specialized training or education.
23 (3) Publication of original work in learned,
24 medical, or scientific journals.
25 (4) Participation in federal, State, local, or
26 international public health programs or organizations.

HB0806 Enrolled- 42 -LRB102 02614 SPS 12617 b
1 (5) Professional service in a federal veterans or
2 military institution.
3 (6) Any other professional activities deemed to
4 maintain and enhance the clinical capabilities of the
5 applicant.
6 Any applicant applying for a license to practice
7 medicine in all of its branches or for a license as a
8 chiropractic physician who has not been engaged in the
9 active practice of medicine or has not been enrolled in a
10 medical program for 2 years prior to application must
11 submit proof of professional capacity to the Medical
12 Licensing Board.
13 Any applicant applying for a temporary license that
14 has not been engaged in the active practice of medicine or
15 has not been enrolled in a medical program for longer than
16 5 years prior to application must submit proof of
17 professional capacity to the Medical Licensing Board.
18 (C) Designate specifically the name, location, and
19 kind of professional school, college, or institution of
20 which the applicant is a graduate and the category under
21 which the applicant seeks, and will undertake, to
22 practice.
23 (D) Pay to the Department at the time of application
24 the required fees.
25 (E) Pursuant to Department rules, as required, pass an
26 examination authorized by the Department to determine the

HB0806 Enrolled- 43 -LRB102 02614 SPS 12617 b
1 applicant's fitness to receive a license.
2 (F) Complete the application process within 3 years
3 from the date of application. If the process has not been
4 completed within 3 years, the application shall expire,
5 application fees shall be forfeited, and the applicant
6 must reapply and meet the requirements in effect at the
7 time of reapplication.
8(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
9 (225 ILCS 60/9.3)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 9.3. Withdrawal of application. Any applicant
12applying for a license or permit under this Act may withdraw
13his or her application at any time. If an applicant withdraws
14his or her application after receipt of a written Notice of
15Intent to Deny License or Permit, then the withdrawal shall be
16reported to the Federation of State Medical Boards and the
17National Practitioner Data Bank.
18(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
19 (225 ILCS 60/17) (from Ch. 111, par. 4400-17)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 17. Temporary license. Persons holding the degree of
22Doctor of Medicine, persons holding the degree of Doctor of
23Osteopathy or Doctor of Osteopathic Medicine, and persons
24holding the degree of Doctor of Chiropractic or persons who

HB0806 Enrolled- 44 -LRB102 02614 SPS 12617 b
1have satisfied the requirements therefor and are eligible to
2receive such degree from a medical, osteopathic, or
3chiropractic school, who wish to pursue programs of graduate
4or specialty training in this State, may receive without
5examination, in the discretion of the Department, a 3-year
6temporary license. In order to receive a 3-year temporary
7license hereunder, an applicant shall submit evidence
8satisfactory to the Department that the applicant:
9 (A) Is of good moral character. In determining moral
10 character under this Section, the Department may take into
11 consideration whether the applicant has engaged in conduct
12 or activities which would constitute grounds for
13 discipline under this Act. The Department may also request
14 the applicant to submit, and may consider as evidence of
15 moral character, endorsements from 2 or 3 individuals
16 licensed under this Act;
17 (B) Has been accepted or appointed for specialty or
18 residency training by a hospital situated in this State or
19 a training program in hospitals or facilities maintained
20 by the State of Illinois or affiliated training facilities
21 which is approved by the Department for the purpose of
22 such training under this Act. The applicant shall indicate
23 the beginning and ending dates of the period for which the
24 applicant has been accepted or appointed;
25 (C) Has or will satisfy the professional education
26 requirements of Section 11 of this Act which are effective

HB0806 Enrolled- 45 -LRB102 02614 SPS 12617 b
1 at the date of application except for postgraduate
2 clinical training;
3 (D) Is physically, mentally, and professionally
4 capable of practicing medicine or treating human ailments
5 without the use of drugs and without operative surgery
6 with reasonable judgment, skill, and safety. In
7 determining physical, mental and professional capacity
8 under this Section, the Medical Licensing Board may, upon
9 a showing of a possible incapacity, compel an applicant to
10 submit to a mental or physical examination and evaluation,
11 or both, and may condition or restrict any temporary
12 license, subject to the same terms and conditions as are
13 provided for the Medical Disciplinary Board under Section
14 22 of this Act. Any such condition of restricted temporary
15 license shall provide that the Chief Medical Coordinator
16 or Deputy Medical Coordinator shall have the authority to
17 review the subject physician's compliance with such
18 conditions or restrictions, including, where appropriate,
19 the physician's record of treatment and counseling
20 regarding the impairment, to the extent permitted by
21 applicable federal statutes and regulations safeguarding
22 the confidentiality of medical records of patients.
23 Three-year temporary licenses issued pursuant to this
24Section shall be valid only for the period of time designated
25therein, and may be extended or renewed pursuant to the rules
26of the Department, and if a temporary license is thereafter

HB0806 Enrolled- 46 -LRB102 02614 SPS 12617 b
1extended, it shall not extend beyond completion of the
2residency program. The holder of a valid 3-year temporary
3license shall be entitled thereby to perform only such acts as
4may be prescribed by and incidental to his or her program of
5residency training; he or she shall not be entitled to
6otherwise engage in the practice of medicine in this State
7unless fully licensed in this State.
8 A 3-year temporary license may be revoked or suspended by
9the Department upon proof that the holder thereof has engaged
10in the practice of medicine in this State outside of the
11program of his or her residency or specialty training, or if
12the holder shall fail to supply the Department, within 10 days
13of its request, with information as to his or her current
14status and activities in his or her specialty training
15program. Such a revocation or suspension shall comply with the
16procedures set forth in subsection (d) of Section 37 of this
17Act.
18(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
19 (225 ILCS 60/18) (from Ch. 111, par. 4400-18)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 18. Visiting professor, physician, or resident
22permits.
23 (A) Visiting professor permit.
24 (1) A visiting professor permit shall entitle a person
25 to practice medicine in all of its branches or to practice

HB0806 Enrolled- 47 -LRB102 02614 SPS 12617 b
1 the treatment of human ailments without the use of drugs
2 and without operative surgery provided:
3 (a) the person maintains an equivalent
4 authorization to practice medicine in all of its
5 branches or to practice the treatment of human
6 ailments without the use of drugs and without
7 operative surgery in good standing in his or her
8 native licensing jurisdiction during the period of the
9 visiting professor permit;
10 (b) the person has received a faculty appointment
11 to teach in a medical, osteopathic or chiropractic
12 school in Illinois; and
13 (c) the Department may prescribe the information
14 necessary to establish an applicant's eligibility for
15 a permit. This information shall include without
16 limitation (i) a statement from the dean of the
17 medical school at which the applicant will be employed
18 describing the applicant's qualifications and (ii) a
19 statement from the dean of the medical school listing
20 every affiliated institution in which the applicant
21 will be providing instruction as part of the medical
22 school's education program and justifying any clinical
23 activities at each of the institutions listed by the
24 dean.
25 (2) Application for visiting professor permits shall
26 be made to the Department, in writing, on forms prescribed

HB0806 Enrolled- 48 -LRB102 02614 SPS 12617 b
1 by the Department and shall be accompanied by the required
2 fee established by rule, which shall not be refundable.
3 Any application shall require the information as, in the
4 judgment of the Department, will enable the Department to
5 pass on the qualifications of the applicant.
6 (3) A visiting professor permit shall be valid for no
7 longer than 2 years from the date of issuance or until the
8 time the faculty appointment is terminated, whichever
9 occurs first, and may be renewed only in accordance with
10 subdivision (A)(6) of this Section.
11 (4) The applicant may be required to appear before the
12 Medical Licensing Board for an interview prior to, and as
13 a requirement for, the issuance of the original permit and
14 the renewal.
15 (5) Persons holding a permit under this Section shall
16 only practice medicine in all of its branches or practice
17 the treatment of human ailments without the use of drugs
18 and without operative surgery in the State of Illinois in
19 their official capacity under their contract within the
20 medical school itself and any affiliated institution in
21 which the permit holder is providing instruction as part
22 of the medical school's educational program and for which
23 the medical school has assumed direct responsibility.
24 (6) After the initial renewal of a visiting professor
25 permit, a visiting professor permit shall be valid until
26 the last day of the next physician license renewal period,

HB0806 Enrolled- 49 -LRB102 02614 SPS 12617 b
1 as set by rule, and may only be renewed for applicants who
2 meet the following requirements:
3 (i) have obtained the required continuing
4 education hours as set by rule; and
5 (ii) have paid the fee prescribed for a license
6 under Section 21 of this Act.
7 For initial renewal, the visiting professor must
8successfully pass a general competency examination authorized
9by the Department by rule, unless he or she was issued an
10initial visiting professor permit on or after January 1, 2007,
11but prior to July 1, 2007.
12 (B) Visiting physician permit.
13 (1) The Department may, in its discretion, issue a
14 temporary visiting physician permit, without examination,
15 provided:
16 (a) (blank);
17 (b) that the person maintains an equivalent
18 authorization to practice medicine in all of its
19 branches or to practice the treatment of human
20 ailments without the use of drugs and without
21 operative surgery in good standing in his or her
22 native licensing jurisdiction during the period of the
23 temporary visiting physician permit;
24 (c) that the person has received an invitation or
25 appointment to study, demonstrate, or perform a

HB0806 Enrolled- 50 -LRB102 02614 SPS 12617 b
1 specific medical, osteopathic, chiropractic or
2 clinical subject or technique in a medical,
3 osteopathic, or chiropractic school, a state or
4 national medical, osteopathic, or chiropractic
5 professional association or society conference or
6 meeting, a hospital licensed under the Hospital
7 Licensing Act, a hospital organized under the
8 University of Illinois Hospital Act, or a facility
9 operated pursuant to the Ambulatory Surgical Treatment
10 Center Act; and
11 (d) that the temporary visiting physician permit
12 shall only permit the holder to practice medicine in
13 all of its branches or practice the treatment of human
14 ailments without the use of drugs and without
15 operative surgery within the scope of the medical,
16 osteopathic, chiropractic, or clinical studies, or in
17 conjunction with the state or national medical,
18 osteopathic, or chiropractic professional association
19 or society conference or meeting, for which the holder
20 was invited or appointed.
21 (2) The application for the temporary visiting
22 physician permit shall be made to the Department, in
23 writing, on forms prescribed by the Department, and shall
24 be accompanied by the required fee established by rule,
25 which shall not be refundable. The application shall
26 require information that, in the judgment of the

HB0806 Enrolled- 51 -LRB102 02614 SPS 12617 b
1 Department, will enable the Department to pass on the
2 qualification of the applicant, and the necessity for the
3 granting of a temporary visiting physician permit.
4 (3) A temporary visiting physician permit shall be
5 valid for no longer than (i) 180 days from the date of
6 issuance or (ii) until the time the medical, osteopathic,
7 chiropractic, or clinical studies are completed, or the
8 state or national medical, osteopathic, or chiropractic
9 professional association or society conference or meeting
10 has concluded, whichever occurs first. The temporary
11 visiting physician permit may be issued multiple times to
12 a visiting physician under this paragraph (3) as long as
13 the total number of days it is active do not exceed 180
14 days within a 365-day period.
15 (4) The applicant for a temporary visiting physician
16 permit may be required to appear before the Medical
17 Licensing Board for an interview prior to, and as a
18 requirement for, the issuance of a temporary visiting
19 physician permit.
20 (5) A limited temporary visiting physician permit
21 shall be issued to a physician licensed in another state
22 who has been requested to perform emergency procedures in
23 Illinois if he or she meets the requirements as
24 established by rule.
25 (C) Visiting resident permit.

HB0806 Enrolled- 52 -LRB102 02614 SPS 12617 b
1 (1) The Department may, in its discretion, issue a
2 temporary visiting resident permit, without examination,
3 provided:
4 (a) (blank);
5 (b) that the person maintains an equivalent
6 authorization to practice medicine in all of its
7 branches or to practice the treatment of human
8 ailments without the use of drugs and without
9 operative surgery in good standing in his or her
10 native licensing jurisdiction during the period of the
11 temporary visiting resident permit;
12 (c) that the applicant is enrolled in a
13 postgraduate clinical training program outside the
14 State of Illinois that is approved by the Department;
15 (d) that the individual has been invited or
16 appointed for a specific period of time to perform a
17 portion of that post graduate clinical training
18 program under the supervision of an Illinois licensed
19 physician in an Illinois patient care clinic or
20 facility that is affiliated with the out-of-State post
21 graduate training program; and
22 (e) that the temporary visiting resident permit
23 shall only permit the holder to practice medicine in
24 all of its branches or practice the treatment of human
25 ailments without the use of drugs and without
26 operative surgery within the scope of the medical,

HB0806 Enrolled- 53 -LRB102 02614 SPS 12617 b
1 osteopathic, chiropractic or clinical studies for
2 which the holder was invited or appointed.
3 (2) The application for the temporary visiting
4 resident permit shall be made to the Department, in
5 writing, on forms prescribed by the Department, and shall
6 be accompanied by the required fee established by rule.
7 The application shall require information that, in the
8 judgment of the Department, will enable the Department to
9 pass on the qualifications of the applicant.
10 (3) A temporary visiting resident permit shall be
11 valid for 180 days from the date of issuance or until the
12 time the medical, osteopathic, chiropractic, or clinical
13 studies are completed, whichever occurs first.
14 (4) The applicant for a temporary visiting resident
15 permit may be required to appear before the Medical
16 Licensing Board for an interview prior to, and as a
17 requirement for, the issuance of a temporary visiting
18 resident permit.
19(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
20 (225 ILCS 60/19) (from Ch. 111, par. 4400-19)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 19. Licensure by endorsement. The Department may, in
23its discretion, issue a license by endorsement to any person
24who is currently licensed to practice medicine in all of its
25branches, or a chiropractic physician, in any other state,

HB0806 Enrolled- 54 -LRB102 02614 SPS 12617 b
1territory, country or province, upon the following conditions
2and submitting evidence satisfactory to the Department of the
3following:
4 (A) (Blank);
5 (B) That the applicant is of good moral character. In
6 determining moral character under this Section, the
7 Department may take into consideration whether the
8 applicant has engaged in conduct or activities which would
9 constitute grounds for discipline under this Act. The
10 Department may also request the applicant to submit, and
11 may consider as evidence of moral character, endorsements
12 from 2 or 3 individuals licensed under this Act;
13 (C) That the applicant is physically, mentally and
14 professionally capable of practicing medicine with
15 reasonable judgment, skill and safety. In determining
16 physical, mental and professional capacity under this
17 Section the Medical Licensing Board may, upon a showing of
18 a possible incapacity, compel an applicant to submit to a
19 mental or physical examination and evaluation, or both, in
20 the same manner as provided in Section 22 and may
21 condition or restrict any license, subject to the same
22 terms and conditions as are provided for the Medical
23 Disciplinary Board under Section 22 of this Act.
24 (D) That if the applicant seeks to practice medicine
25 in all of its branches:
26 (1) if the applicant was licensed in another

HB0806 Enrolled- 55 -LRB102 02614 SPS 12617 b
1 jurisdiction prior to January 1, 1988, that the
2 applicant has satisfied the educational requirements
3 of paragraph (1) of subsection (A) or paragraph (2) of
4 subsection (A) of Section 11 of this Act; or
5 (2) if the applicant was licensed in another
6 jurisdiction after December 31, 1987, that the
7 applicant has satisfied the educational requirements
8 of paragraph (A)(2) of Section 11 of this Act; and
9 (3) the requirements for a license to practice
10 medicine in all of its branches in the particular
11 state, territory, country or province in which the
12 applicant is licensed are deemed by the Department to
13 have been substantially equivalent to the requirements
14 for a license to practice medicine in all of its
15 branches in force in this State at the date of the
16 applicant's license;
17 (E) That if the applicant seeks to treat human
18 ailments without the use of drugs and without operative
19 surgery:
20 (1) the applicant is a graduate of a chiropractic
21 school or college approved by the Department at the
22 time of their graduation;
23 (2) the requirements for the applicant's license
24 to practice the treatment of human ailments without
25 the use of drugs are deemed by the Department to have
26 been substantially equivalent to the requirements for

HB0806 Enrolled- 56 -LRB102 02614 SPS 12617 b
1 a license to practice in this State at the date of the
2 applicant's license;
3 (F) That the Department may, in its discretion, issue
4 a license by endorsement to any graduate of a medical or
5 osteopathic college, reputable and in good standing in the
6 judgment of the Department, who has passed an examination
7 for admission to the United States Public Health Service,
8 or who has passed any other examination deemed by the
9 Department to have been at least equal in all substantial
10 respects to the examination required for admission to any
11 such medical corps;
12 (G) That applications for licenses by endorsement
13 shall be filed with the Department, under oath, on forms
14 prepared and furnished by the Department, and shall set
15 forth, and applicants therefor shall supply such
16 information respecting the life, education, professional
17 practice, and moral character of applicants as the
18 Department may require to be filed for its use;
19 (H) That the applicant undergo the criminal background
20 check established under Section 9.7 of this Act.
21 In the exercise of its discretion under this Section, the
22Department is empowered to consider and evaluate each
23applicant on an individual basis. It may take into account,
24among other things: the extent to which the applicant will
25bring unique experience and skills to the State of Illinois or
26the extent to which there is or is not available to the

HB0806 Enrolled- 57 -LRB102 02614 SPS 12617 b
1Department authentic and definitive information concerning the
2quality of medical education and clinical training which the
3applicant has had. Under no circumstances shall a license be
4issued under the provisions of this Section to any person who
5has previously taken and failed the written examination
6conducted by the Department for such license. In the exercise
7of its discretion under this Section, the Department may
8require an applicant to successfully complete an examination
9as recommended by the Medical Licensing Board. The Department
10may also request the applicant to submit, and may consider as
11evidence of moral character, evidence from 2 or 3 individuals
12licensed under this Act. Applicants have 3 years from the date
13of application to complete the application process. If the
14process has not been completed within 3 years, the application
15shall be denied, the fees shall be forfeited, and the
16applicant must reapply and meet the requirements in effect at
17the time of reapplication.
18(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
19 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 21. License renewal; reinstatement; inactive status;
22disposition and collection of fees.
23 (A) Renewal. The expiration date and renewal period for
24each license issued under this Act shall be set by rule. The
25holder of a license may renew the license by paying the

HB0806 Enrolled- 58 -LRB102 02614 SPS 12617 b
1required fee. The holder of a license may also renew the
2license within 90 days after its expiration by complying with
3the requirements for renewal and payment of an additional fee.
4A license renewal within 90 days after expiration shall be
5effective retroactively to the expiration date.
6 The Department shall attempt to provide through electronic
7means to each licensee under this Act, at least 60 days in
8advance of the expiration date of his or her license, a renewal
9notice. No such license shall be deemed to have lapsed until 90
10days after the expiration date and after the Department has
11attempted to provide such notice as herein provided.
12 (B) Reinstatement. Any licensee who has permitted his or
13her license to lapse or who has had his or her license on
14inactive status may have his or her license reinstated by
15making application to the Department and filing proof
16acceptable to the Department of his or her fitness to have the
17license reinstated, including evidence certifying to active
18practice in another jurisdiction satisfactory to the
19Department, proof of meeting the continuing education
20requirements for one renewal period, and by paying the
21required reinstatement fee.
22 If the licensee has not maintained an active practice in
23another jurisdiction satisfactory to the Department, the
24Medical Licensing Board shall determine, by an evaluation
25program established by rule, the applicant's fitness to resume
26active status and may require the licensee to complete a

HB0806 Enrolled- 59 -LRB102 02614 SPS 12617 b
1period of evaluated clinical experience and may require
2successful completion of a practical examination specified by
3the Medical Licensing Board.
4 However, any registrant whose license has expired while he
5or she has been engaged (a) in Federal Service on active duty
6with the Army of the United States, the United States Navy, the
7Marine Corps, the Air Force, the Coast Guard, the Public
8Health Service or the State Militia called into the service or
9training of the United States of America, or (b) in training or
10education under the supervision of the United States
11preliminary to induction into the military service, may have
12his or her license reinstated without paying any lapsed
13renewal fees, if within 2 years after honorable termination of
14such service, training, or education, he or she furnishes to
15the Department with satisfactory evidence to the effect that
16he or she has been so engaged and that his or her service,
17training, or education has been so terminated.
18 (C) Inactive licenses. Any licensee who notifies the
19Department, in writing on forms prescribed by the Department,
20may elect to place his or her license on an inactive status and
21shall, subject to rules of the Department, be excused from
22payment of renewal fees until he or she notifies the
23Department in writing of his or her desire to resume active
24status.
25 Any licensee requesting reinstatement from inactive status
26shall be required to pay the current renewal fee, provide

HB0806 Enrolled- 60 -LRB102 02614 SPS 12617 b
1proof of meeting the continuing education requirements for the
2period of time the license is inactive not to exceed one
3renewal period, and shall be required to reinstate his or her
4license as provided in subsection (B).
5 Any licensee whose license is in an inactive status shall
6not practice in the State of Illinois.
7 (D) Disposition of monies collected. All monies collected
8under this Act by the Department shall be deposited in the
9Illinois State Medical Disciplinary Fund in the State
10Treasury, and used only for the following purposes: (a) by the
11Medical Disciplinary Board and Licensing Board in the exercise
12of its powers and performance of its duties, as such use is
13made by the Department with full consideration of all
14recommendations of the Medical Disciplinary Board and
15Licensing Board, (b) for costs directly related to persons
16licensed under this Act, and (c) for direct and allocable
17indirect costs related to the public purposes of the
18Department.
19 Moneys in the Fund may be transferred to the Professions
20Indirect Cost Fund as authorized under Section 2105-300 of the
21Department of Professional Regulation Law of the Civil
22Administrative Code of Illinois.
23 All earnings received from investment of monies in the
24Illinois State Medical Disciplinary Fund shall be deposited in
25the Illinois State Medical Disciplinary Fund and shall be used
26for the same purposes as fees deposited in such Fund.

HB0806 Enrolled- 61 -LRB102 02614 SPS 12617 b
1 (E) Fees. The following fees are nonrefundable.
2 (1) Applicants for any examination shall be required
3 to pay, either to the Department or to the designated
4 testing service, a fee covering the cost of determining
5 the applicant's eligibility and providing the examination.
6 Failure to appear for the examination on the scheduled
7 date, at the time and place specified, after the
8 applicant's application for examination has been received
9 and acknowledged by the Department or the designated
10 testing service, shall result in the forfeiture of the
11 examination fee.
12 (2) Before July 1, 2018, the fee for a license under
13 Section 9 of this Act is $700. Beginning on July 1, 2018,
14 the fee for a license under Section 9 of this Act is $500.
15 (3) Before July 1, 2018, the fee for a license under
16 Section 19 of this Act is $700. Beginning on July 1, 2018,
17 the fee for a license under Section 19 of this Act is $500.
18 (4) Before July 1, 2018, the fee for the renewal of a
19 license for a resident of Illinois shall be calculated at
20 the rate of $230 per year, and beginning on July 1, 2018
21 and until January 1, 2020, the fee for the renewal of a
22 license shall be $167, except for licensees who were
23 issued a license within 12 months of the expiration date
24 of the license, before July 1, 2018, the fee for the
25 renewal shall be $230, and beginning on July 1, 2018 and
26 until January 1, 2020 that fee will be $167. Before July 1,

HB0806 Enrolled- 62 -LRB102 02614 SPS 12617 b
1 2018, the fee for the renewal of a license for a
2 nonresident shall be calculated at the rate of $460 per
3 year, and beginning on July 1, 2018 and until January 1,
4 2020, the fee for the renewal of a license for a
5 nonresident shall be $250, except for licensees who were
6 issued a license within 12 months of the expiration date
7 of the license, before July 1, 2018, the fee for the
8 renewal shall be $460, and beginning on July 1, 2018 and
9 until January 1, 2020 that fee will be $250. Beginning on
10 January 1, 2020, the fee for renewal of a license for a
11 resident or nonresident is $181 per year.
12 (5) The fee for the reinstatement of a license other
13 than from inactive status, is $230. In addition, payment
14 of all lapsed renewal fees not to exceed $1,400 is
15 required.
16 (6) The fee for a 3-year temporary license under
17 Section 17 is $230.
18 (7) The fee for the issuance of a license with a change
19 of name or address other than during the renewal period is
20 $20. No fee is required for name and address changes on
21 Department records when no updated license is issued.
22 (8) The fee to be paid for a license record for any
23 purpose is $20.
24 (9) The fee to be paid to have the scoring of an
25 examination, administered by the Department, reviewed and
26 verified, is $20 plus any fees charged by the applicable

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1 testing service.
2 (F) Any person who delivers a check or other payment to the
3Department that is returned to the Department unpaid by the
4financial institution upon which it is drawn shall pay to the
5Department, in addition to the amount already owed to the
6Department, a fine of $50. The fines imposed by this Section
7are in addition to any other discipline provided under this
8Act for unlicensed practice or practice on a nonrenewed
9license. The Department shall notify the person that payment
10of fees and fines shall be paid to the Department by certified
11check or money order within 30 calendar days of the
12notification. If, after the expiration of 30 days from the
13date of the notification, the person has failed to submit the
14necessary remittance, the Department shall automatically
15terminate the license or permit or deny the application,
16without hearing. If, after termination or denial, the person
17seeks a license or permit, he or she shall apply to the
18Department for reinstatement or issuance of the license or
19permit and pay all fees and fines due to the Department. The
20Department may establish a fee for the processing of an
21application for reinstatement of a license or permit to pay
22all expenses of processing this application. The Secretary may
23waive the fines due under this Section in individual cases
24where the Secretary finds that the fines would be unreasonable
25or unnecessarily burdensome.
26(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)

HB0806 Enrolled- 64 -LRB102 02614 SPS 12617 b
1 (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 22. Disciplinary action.
4 (A) The Department may revoke, suspend, place on
5probation, reprimand, refuse to issue or renew, or take any
6other disciplinary or non-disciplinary action as the
7Department may deem proper with regard to the license or
8permit of any person issued under this Act, including imposing
9fines not to exceed $10,000 for each violation, upon any of the
10following grounds:
11 (1) (Blank).
12 (2) (Blank).
13 (3) A plea of guilty or nolo contendere, finding of
14 guilt, jury verdict, or entry of judgment or sentencing,
15 including, but not limited to, convictions, preceding
16 sentences of supervision, conditional discharge, or first
17 offender probation, under the laws of any jurisdiction of
18 the United States of any crime that is a felony.
19 (4) Gross negligence in practice under this Act.
20 (5) Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public.
23 (6) Obtaining any fee by fraud, deceit, or
24 misrepresentation.
25 (7) Habitual or excessive use or abuse of drugs

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1 defined in law as controlled substances, of alcohol, or of
2 any other substances which results in the inability to
3 practice with reasonable judgment, skill, or safety.
4 (8) Practicing under a false or, except as provided by
5 law, an assumed name.
6 (9) Fraud or misrepresentation in applying for, or
7 procuring, a license under this Act or in connection with
8 applying for renewal of a license under this Act.
9 (10) Making a false or misleading statement regarding
10 their skill or the efficacy or value of the medicine,
11 treatment, or remedy prescribed by them at their direction
12 in the treatment of any disease or other condition of the
13 body or mind.
14 (11) Allowing another person or organization to use
15 their license, procured under this Act, to practice.
16 (12) Adverse action taken by another state or
17 jurisdiction against a license or other authorization to
18 practice as a medical doctor, doctor of osteopathy, doctor
19 of osteopathic medicine or doctor of chiropractic, a
20 certified copy of the record of the action taken by the
21 other state or jurisdiction being prima facie evidence
22 thereof. This includes any adverse action taken by a State
23 or federal agency that prohibits a medical doctor, doctor
24 of osteopathy, doctor of osteopathic medicine, or doctor
25 of chiropractic from providing services to the agency's
26 participants.

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1 (13) Violation of any provision of this Act or of the
2 Medical Practice Act prior to the repeal of that Act, or
3 violation of the rules, or a final administrative action
4 of the Secretary, after consideration of the
5 recommendation of the Medical Disciplinary Board.
6 (14) Violation of the prohibition against fee
7 splitting in Section 22.2 of this Act.
8 (15) A finding by the Medical Disciplinary Board that
9 the registrant after having his or her license placed on
10 probationary status or subjected to conditions or
11 restrictions violated the terms of the probation or failed
12 to comply with such terms or conditions.
13 (16) Abandonment of a patient.
14 (17) Prescribing, selling, administering,
15 distributing, giving, or self-administering any drug
16 classified as a controlled substance (designated product)
17 or narcotic for other than medically accepted therapeutic
18 purposes.
19 (18) Promotion of the sale of drugs, devices,
20 appliances, or goods provided for a patient in such manner
21 as to exploit the patient for financial gain of the
22 physician.
23 (19) Offering, undertaking, or agreeing to cure or
24 treat disease by a secret method, procedure, treatment, or
25 medicine, or the treating, operating, or prescribing for
26 any human condition by a method, means, or procedure which

HB0806 Enrolled- 67 -LRB102 02614 SPS 12617 b
1 the licensee refuses to divulge upon demand of the
2 Department.
3 (20) Immoral conduct in the commission of any act
4 including, but not limited to, commission of an act of
5 sexual misconduct related to the licensee's practice.
6 (21) Willfully making or filing false records or
7 reports in his or her practice as a physician, including,
8 but not limited to, false records to support claims
9 against the medical assistance program of the Department
10 of Healthcare and Family Services (formerly Department of
11 Public Aid) under the Illinois Public Aid Code.
12 (22) Willful omission to file or record, or willfully
13 impeding the filing or recording, or inducing another
14 person to omit to file or record, medical reports as
15 required by law, or willfully failing to report an
16 instance of suspected abuse or neglect as required by law.
17 (23) Being named as a perpetrator in an indicated
18 report by the Department of Children and Family Services
19 under the Abused and Neglected Child Reporting Act, and
20 upon proof by clear and convincing evidence that the
21 licensee has caused a child to be an abused child or
22 neglected child as defined in the Abused and Neglected
23 Child Reporting Act.
24 (24) Solicitation of professional patronage by any
25 corporation, agents or persons, or profiting from those
26 representing themselves to be agents of the licensee.

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1 (25) Gross and willful and continued overcharging for
2 professional services, including filing false statements
3 for collection of fees for which services are not
4 rendered, including, but not limited to, filing such false
5 statements for collection of monies for services not
6 rendered from the medical assistance program of the
7 Department of Healthcare and Family Services (formerly
8 Department of Public Aid) under the Illinois Public Aid
9 Code.
10 (26) A pattern of practice or other behavior which
11 demonstrates incapacity or incompetence to practice under
12 this Act.
13 (27) Mental illness or disability which results in the
14 inability to practice under this Act with reasonable
15 judgment, skill, or safety.
16 (28) Physical illness, including, but not limited to,
17 deterioration through the aging process, or loss of motor
18 skill which results in a physician's inability to practice
19 under this Act with reasonable judgment, skill, or safety.
20 (29) Cheating on or attempt to subvert the licensing
21 examinations administered under this Act.
22 (30) Willfully or negligently violating the
23 confidentiality between physician and patient except as
24 required by law.
25 (31) The use of any false, fraudulent, or deceptive
26 statement in any document connected with practice under

HB0806 Enrolled- 69 -LRB102 02614 SPS 12617 b
1 this Act.
2 (32) Aiding and abetting an individual not licensed
3 under this Act in the practice of a profession licensed
4 under this Act.
5 (33) Violating state or federal laws or regulations
6 relating to controlled substances, legend drugs, or
7 ephedra as defined in the Ephedra Prohibition Act.
8 (34) Failure to report to the Department any adverse
9 final action taken against them by another licensing
10 jurisdiction (any other state or any territory of the
11 United States or any foreign state or country), by any
12 peer review body, by any health care institution, by any
13 professional society or association related to practice
14 under this Act, by any governmental agency, by any law
15 enforcement agency, or by any court for acts or conduct
16 similar to acts or conduct which would constitute grounds
17 for action as defined in this Section.
18 (35) Failure to report to the Department surrender of
19 a license or authorization to practice as a medical
20 doctor, a doctor of osteopathy, a doctor of osteopathic
21 medicine, or doctor of chiropractic in another state or
22 jurisdiction, or surrender of membership on any medical
23 staff or in any medical or professional association or
24 society, while under disciplinary investigation by any of
25 those authorities or bodies, for acts or conduct similar
26 to acts or conduct which would constitute grounds for

HB0806 Enrolled- 70 -LRB102 02614 SPS 12617 b
1 action as defined in this Section.
2 (36) Failure to report to the Department any adverse
3 judgment, settlement, or award arising from a liability
4 claim related to acts or conduct similar to acts or
5 conduct which would constitute grounds for action as
6 defined in this Section.
7 (37) Failure to provide copies of medical records as
8 required by law.
9 (38) Failure to furnish the Department, its
10 investigators or representatives, relevant information,
11 legally requested by the Department after consultation
12 with the Chief Medical Coordinator or the Deputy Medical
13 Coordinator.
14 (39) Violating the Health Care Worker Self-Referral
15 Act.
16 (40) Willful failure to provide notice when notice is
17 required under the Parental Notice of Abortion Act of
18 1995.
19 (41) Failure to establish and maintain records of
20 patient care and treatment as required by this law.
21 (42) Entering into an excessive number of written
22 collaborative agreements with licensed advanced practice
23 registered nurses resulting in an inability to adequately
24 collaborate.
25 (43) Repeated failure to adequately collaborate with a
26 licensed advanced practice registered nurse.

HB0806 Enrolled- 71 -LRB102 02614 SPS 12617 b
1 (44) Violating the Compassionate Use of Medical
2 Cannabis Program Act.
3 (45) Entering into an excessive number of written
4 collaborative agreements with licensed prescribing
5 psychologists resulting in an inability to adequately
6 collaborate.
7 (46) Repeated failure to adequately collaborate with a
8 licensed prescribing psychologist.
9 (47) Willfully failing to report an instance of
10 suspected abuse, neglect, financial exploitation, or
11 self-neglect of an eligible adult as defined in and
12 required by the Adult Protective Services Act.
13 (48) Being named as an abuser in a verified report by
14 the Department on Aging under the Adult Protective
15 Services Act, and upon proof by clear and convincing
16 evidence that the licensee abused, neglected, or
17 financially exploited an eligible adult as defined in the
18 Adult Protective Services Act.
19 (49) Entering into an excessive number of written
20 collaborative agreements with licensed physician
21 assistants resulting in an inability to adequately
22 collaborate.
23 (50) Repeated failure to adequately collaborate with a
24 physician assistant.
25 Except for actions involving the ground numbered (26), all
26proceedings to suspend, revoke, place on probationary status,

HB0806 Enrolled- 72 -LRB102 02614 SPS 12617 b
1or take any other disciplinary action as the Department may
2deem proper, with regard to a license on any of the foregoing
3grounds, must be commenced within 5 years next after receipt
4by the Department of a complaint alleging the commission of or
5notice of the conviction order for any of the acts described
6herein. Except for the grounds numbered (8), (9), (26), and
7(29), no action shall be commenced more than 10 years after the
8date of the incident or act alleged to have violated this
9Section. For actions involving the ground numbered (26), a
10pattern of practice or other behavior includes all incidents
11alleged to be part of the pattern of practice or other behavior
12that occurred, or a report pursuant to Section 23 of this Act
13received, within the 10-year period preceding the filing of
14the complaint. In the event of the settlement of any claim or
15cause of action in favor of the claimant or the reduction to
16final judgment of any civil action in favor of the plaintiff,
17such claim, cause of action, or civil action being grounded on
18the allegation that a person licensed under this Act was
19negligent in providing care, the Department shall have an
20additional period of 2 years from the date of notification to
21the Department under Section 23 of this Act of such settlement
22or final judgment in which to investigate and commence formal
23disciplinary proceedings under Section 36 of this Act, except
24as otherwise provided by law. The time during which the holder
25of the license was outside the State of Illinois shall not be
26included within any period of time limiting the commencement

HB0806 Enrolled- 73 -LRB102 02614 SPS 12617 b
1of disciplinary action by the Department.
2 The entry of an order or judgment by any circuit court
3establishing that any person holding a license under this Act
4is a person in need of mental treatment operates as a
5suspension of that license. That person may resume his or her
6their practice only upon the entry of a Departmental order
7based upon a finding by the Medical Disciplinary Board that
8the person has they have been determined to be recovered from
9mental illness by the court and upon the Medical Disciplinary
10Board's recommendation that the person they be permitted to
11resume his or her their practice.
12 The Department may refuse to issue or take disciplinary
13action concerning the license of any person who fails to file a
14return, or to pay the tax, penalty, or interest shown in a
15filed return, or to pay any final assessment of tax, penalty,
16or interest, as required by any tax Act administered by the
17Illinois Department of Revenue, until such time as the
18requirements of any such tax Act are satisfied as determined
19by the Illinois Department of Revenue.
20 The Department, upon the recommendation of the Medical
21Disciplinary Board, shall adopt rules which set forth
22standards to be used in determining:
23 (a) when a person will be deemed sufficiently
24 rehabilitated to warrant the public trust;
25 (b) what constitutes dishonorable, unethical, or
26 unprofessional conduct of a character likely to deceive,

HB0806 Enrolled- 74 -LRB102 02614 SPS 12617 b
1 defraud, or harm the public;
2 (c) what constitutes immoral conduct in the commission
3 of any act, including, but not limited to, commission of
4 an act of sexual misconduct related to the licensee's
5 practice; and
6 (d) what constitutes gross negligence in the practice
7 of medicine.
8 However, no such rule shall be admissible into evidence in
9any civil action except for review of a licensing or other
10disciplinary action under this Act.
11 In enforcing this Section, the Medical Disciplinary Board
12or the Licensing Board, upon a showing of a possible
13violation, may compel, in the case of the Disciplinary Board,
14any individual who is licensed to practice under this Act or
15holds a permit to practice under this Act, or, in the case of
16the Licensing Board, any individual who has applied for
17licensure or a permit pursuant to this Act, to submit to a
18mental or physical examination and evaluation, or both, which
19may include a substance abuse or sexual offender evaluation,
20as required by the Medical Licensing Board or Disciplinary
21Board and at the expense of the Department. The Medical
22Disciplinary Board or Licensing Board shall specifically
23designate the examining physician licensed to practice
24medicine in all of its branches or, if applicable, the
25multidisciplinary team involved in providing the mental or
26physical examination and evaluation, or both. The

HB0806 Enrolled- 75 -LRB102 02614 SPS 12617 b
1multidisciplinary team shall be led by a physician licensed to
2practice medicine in all of its branches and may consist of one
3or more or a combination of physicians licensed to practice
4medicine in all of its branches, licensed chiropractic
5physicians, licensed clinical psychologists, licensed clinical
6social workers, licensed clinical professional counselors, and
7other professional and administrative staff. Any examining
8physician or member of the multidisciplinary team may require
9any person ordered to submit to an examination and evaluation
10pursuant to this Section to submit to any additional
11supplemental testing deemed necessary to complete any
12examination or evaluation process, including, but not limited
13to, blood testing, urinalysis, psychological testing, or
14neuropsychological testing. The Medical Disciplinary Board,
15the Licensing Board, or the Department may order the examining
16physician or any member of the multidisciplinary team to
17provide to the Department, the Disciplinary Board, or the
18Medical Licensing Board any and all records, including
19business records, that relate to the examination and
20evaluation, including any supplemental testing performed. The
21Medical Disciplinary Board, the Licensing Board, or the
22Department may order the examining physician or any member of
23the multidisciplinary team to present testimony concerning
24this examination and evaluation of the licensee, permit
25holder, or applicant, including testimony concerning any
26supplemental testing or documents relating to the examination

HB0806 Enrolled- 76 -LRB102 02614 SPS 12617 b
1and evaluation. No information, report, record, or other
2documents in any way related to the examination and evaluation
3shall be excluded by reason of any common law or statutory
4privilege relating to communication between the licensee,
5permit holder, or applicant and the examining physician or any
6member of the multidisciplinary team. No authorization is
7necessary from the licensee, permit holder, or applicant
8ordered to undergo an evaluation and examination for the
9examining physician or any member of the multidisciplinary
10team to provide information, reports, records, or other
11documents or to provide any testimony regarding the
12examination and evaluation. The individual to be examined may
13have, at his or her own expense, another physician of his or
14her choice present during all aspects of the examination.
15Failure of any individual to submit to mental or physical
16examination and evaluation, or both, when directed, shall
17result in an automatic suspension, without hearing, until such
18time as the individual submits to the examination. If the
19Medical Disciplinary Board or Licensing Board finds a
20physician unable to practice following an examination and
21evaluation because of the reasons set forth in this Section,
22the Medical Disciplinary Board or Licensing Board shall
23require such physician to submit to care, counseling, or
24treatment by physicians, or other health care professionals,
25approved or designated by the Medical Disciplinary Board, as a
26condition for issued, continued, reinstated, or renewed

HB0806 Enrolled- 77 -LRB102 02614 SPS 12617 b
1licensure to practice. Any physician, whose license was
2granted pursuant to Sections 9, 17, or 19 of this Act, or,
3continued, reinstated, renewed, disciplined or supervised,
4subject to such terms, conditions, or restrictions who shall
5fail to comply with such terms, conditions, or restrictions,
6or to complete a required program of care, counseling, or
7treatment, as determined by the Chief Medical Coordinator or
8Deputy Medical Coordinators, shall be referred to the
9Secretary for a determination as to whether the licensee shall
10have his or her their license suspended immediately, pending a
11hearing by the Medical Disciplinary Board. In instances in
12which the Secretary immediately suspends a license under this
13Section, a hearing upon such person's license must be convened
14by the Medical Disciplinary Board within 15 days after such
15suspension and completed without appreciable delay. The
16Medical Disciplinary Board shall have the authority to review
17the subject physician's record of treatment and counseling
18regarding the impairment, to the extent permitted by
19applicable federal statutes and regulations safeguarding the
20confidentiality of medical records.
21 An individual licensed under this Act, affected under this
22Section, shall be afforded an opportunity to demonstrate to
23the Medical Disciplinary Board that he or she they can resume
24practice in compliance with acceptable and prevailing
25standards under the provisions of his or her their license.
26 The Department may promulgate rules for the imposition of

HB0806 Enrolled- 78 -LRB102 02614 SPS 12617 b
1fines in disciplinary cases, not to exceed $10,000 for each
2violation of this Act. Fines may be imposed in conjunction
3with other forms of disciplinary action, but shall not be the
4exclusive disposition of any disciplinary action arising out
5of conduct resulting in death or injury to a patient. Any funds
6collected from such fines shall be deposited in the Illinois
7State Medical Disciplinary Fund.
8 All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12 (B) The Department shall revoke the license or permit
13issued under this Act to practice medicine or a chiropractic
14physician who has been convicted a second time of committing
15any felony under the Illinois Controlled Substances Act or the
16Methamphetamine Control and Community Protection Act, or who
17has been convicted a second time of committing a Class 1 felony
18under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
19person whose license or permit is revoked under this
20subsection B shall be prohibited from practicing medicine or
21treating human ailments without the use of drugs and without
22operative surgery.
23 (C) The Department shall not revoke, suspend, place on
24probation, reprimand, refuse to issue or renew, or take any
25other disciplinary or non-disciplinary action against the
26license or permit issued under this Act to practice medicine

HB0806 Enrolled- 79 -LRB102 02614 SPS 12617 b
1to a physician:
2 (1) based solely upon the recommendation of the
3 physician to an eligible patient regarding, or
4 prescription for, or treatment with, an investigational
5 drug, biological product, or device; or
6 (2) for experimental treatment for Lyme disease or
7 other tick-borne diseases, including, but not limited to,
8 the prescription of or treatment with long-term
9 antibiotics.
10 (D) The Medical Disciplinary Board shall recommend to the
11Department civil penalties and any other appropriate
12discipline in disciplinary cases when the Medical Board finds
13that a physician willfully performed an abortion with actual
14knowledge that the person upon whom the abortion has been
15performed is a minor or an incompetent person without notice
16as required under the Parental Notice of Abortion Act of 1995.
17Upon the Medical Board's recommendation, the Department shall
18impose, for the first violation, a civil penalty of $1,000 and
19for a second or subsequent violation, a civil penalty of
20$5,000.
21(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
22100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
231-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
24eff. 8-9-19; revised 9-20-19.)
25 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)

HB0806 Enrolled- 80 -LRB102 02614 SPS 12617 b
1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 23. Reports relating to professional conduct and
3capacity.
4 (A) Entities required to report.
5 (1) Health care institutions. The chief administrator
6 or executive officer of any health care institution
7 licensed by the Illinois Department of Public Health shall
8 report to the Medical Disciplinary Board when any person's
9 clinical privileges are terminated or are restricted based
10 on a final determination made in accordance with that
11 institution's by-laws or rules and regulations that a
12 person has either committed an act or acts which may
13 directly threaten patient care or that a person may have a
14 mental or physical disability that may endanger patients
15 under that person's care. Such officer also shall report
16 if a person accepts voluntary termination or restriction
17 of clinical privileges in lieu of formal action based upon
18 conduct related directly to patient care or in lieu of
19 formal action seeking to determine whether a person may
20 have a mental or physical disability that may endanger
21 patients under that person's care. The Medical
22 Disciplinary Board shall, by rule, provide for the
23 reporting to it by health care institutions of all
24 instances in which a person, licensed under this Act, who
25 is impaired by reason of age, drug or alcohol abuse or
26 physical or mental impairment, is under supervision and,

HB0806 Enrolled- 81 -LRB102 02614 SPS 12617 b
1 where appropriate, is in a program of rehabilitation. Such
2 reports shall be strictly confidential and may be reviewed
3 and considered only by the members of the Medical
4 Disciplinary Board, or by authorized staff as provided by
5 rules of the Medical Disciplinary Board. Provisions shall
6 be made for the periodic report of the status of any such
7 person not less than twice annually in order that the
8 Medical Disciplinary Board shall have current information
9 upon which to determine the status of any such person.
10 Such initial and periodic reports of impaired physicians
11 shall not be considered records within the meaning of The
12 State Records Act and shall be disposed of, following a
13 determination by the Medical Disciplinary Board that such
14 reports are no longer required, in a manner and at such
15 time as the Medical Disciplinary Board shall determine by
16 rule. The filing of such reports shall be construed as the
17 filing of a report for purposes of subsection (C) of this
18 Section.
19 (1.5) Clinical training programs. The program director
20 of any post-graduate clinical training program shall
21 report to the Medical Disciplinary Board if a person
22 engaged in a post-graduate clinical training program at
23 the institution, including, but not limited to, a
24 residency or fellowship, separates from the program for
25 any reason prior to its conclusion. The program director
26 shall provide all documentation relating to the separation

HB0806 Enrolled- 82 -LRB102 02614 SPS 12617 b
1 if, after review of the report, the Medical Disciplinary
2 Board determines that a review of those documents is
3 necessary to determine whether a violation of this Act
4 occurred.
5 (2) Professional associations. The President or chief
6 executive officer of any association or society, of
7 persons licensed under this Act, operating within this
8 State shall report to the Medical Disciplinary Board when
9 the association or society renders a final determination
10 that a person has committed unprofessional conduct related
11 directly to patient care or that a person may have a mental
12 or physical disability that may endanger patients under
13 that person's care.
14 (3) Professional liability insurers. Every insurance
15 company which offers policies of professional liability
16 insurance to persons licensed under this Act, or any other
17 entity which seeks to indemnify the professional liability
18 of a person licensed under this Act, shall report to the
19 Medical Disciplinary Board the settlement of any claim or
20 cause of action, or final judgment rendered in any cause
21 of action, which alleged negligence in the furnishing of
22 medical care by such licensed person when such settlement
23 or final judgment is in favor of the plaintiff.
24 (4) State's Attorneys. The State's Attorney of each
25 county shall report to the Medical Disciplinary Board,
26 within 5 days, any instances in which a person licensed

HB0806 Enrolled- 83 -LRB102 02614 SPS 12617 b
1 under this Act is convicted of any felony or Class A
2 misdemeanor. The State's Attorney of each county may
3 report to the Medical Disciplinary Board through a
4 verified complaint any instance in which the State's
5 Attorney believes that a physician has willfully violated
6 the notice requirements of the Parental Notice of Abortion
7 Act of 1995.
8 (5) State agencies. All agencies, boards, commissions,
9 departments, or other instrumentalities of the government
10 of the State of Illinois shall report to the Medical
11 Disciplinary Board any instance arising in connection with
12 the operations of such agency, including the
13 administration of any law by such agency, in which a
14 person licensed under this Act has either committed an act
15 or acts which may be a violation of this Act or which may
16 constitute unprofessional conduct related directly to
17 patient care or which indicates that a person licensed
18 under this Act may have a mental or physical disability
19 that may endanger patients under that person's care.
20 (B) Mandatory reporting. All reports required by items
21(34), (35), and (36) of subsection (A) of Section 22 and by
22Section 23 shall be submitted to the Medical Disciplinary
23Board in a timely fashion. Unless otherwise provided in this
24Section, the reports shall be filed in writing within 60 days
25after a determination that a report is required under this
26Act. All reports shall contain the following information:

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1 (1) The name, address and telephone number of the
2 person making the report.
3 (2) The name, address and telephone number of the
4 person who is the subject of the report.
5 (3) The name and date of birth of any patient or
6 patients whose treatment is a subject of the report, if
7 available, or other means of identification if such
8 information is not available, identification of the
9 hospital or other healthcare facility where the care at
10 issue in the report was rendered, provided, however, no
11 medical records may be revealed.
12 (4) A brief description of the facts which gave rise
13 to the issuance of the report, including the dates of any
14 occurrences deemed to necessitate the filing of the
15 report.
16 (5) If court action is involved, the identity of the
17 court in which the action is filed, along with the docket
18 number and date of filing of the action.
19 (6) Any further pertinent information which the
20 reporting party deems to be an aid in the evaluation of the
21 report.
22 The Medical Disciplinary Board or Department may also
23exercise the power under Section 38 of this Act to subpoena
24copies of hospital or medical records in mandatory report
25cases alleging death or permanent bodily injury. Appropriate
26rules shall be adopted by the Department with the approval of

HB0806 Enrolled- 85 -LRB102 02614 SPS 12617 b
1the Medical Disciplinary Board.
2 When the Department has received written reports
3concerning incidents required to be reported in items (34),
4(35), and (36) of subsection (A) of Section 22, the licensee's
5failure to report the incident to the Department under those
6items shall not be the sole grounds for disciplinary action.
7 Nothing contained in this Section shall act to in any way,
8waive or modify the confidentiality of medical reports and
9committee reports to the extent provided by law. Any
10information reported or disclosed shall be kept for the
11confidential use of the Medical Disciplinary Board, the
12Medical Coordinators, the Medical Disciplinary Board's
13attorneys, the medical investigative staff, and authorized
14clerical staff, as provided in this Act, and shall be afforded
15the same status as is provided information concerning medical
16studies in Part 21 of Article VIII of the Code of Civil
17Procedure, except that the Department may disclose information
18and documents to a federal, State, or local law enforcement
19agency pursuant to a subpoena in an ongoing criminal
20investigation or to a health care licensing body or medical
21licensing authority of this State or another state or
22jurisdiction pursuant to an official request made by that
23licensing body or medical licensing authority. Furthermore,
24information and documents disclosed to a federal, State, or
25local law enforcement agency may be used by that agency only
26for the investigation and prosecution of a criminal offense,

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1or, in the case of disclosure to a health care licensing body
2or medical licensing authority, only for investigations and
3disciplinary action proceedings with regard to a license.
4Information and documents disclosed to the Department of
5Public Health may be used by that Department only for
6investigation and disciplinary action regarding the license of
7a health care institution licensed by the Department of Public
8Health.
9 (C) Immunity from prosecution. Any individual or
10organization acting in good faith, and not in a wilful and
11wanton manner, in complying with this Act by providing any
12report or other information to the Medical Disciplinary Board
13or a peer review committee, or assisting in the investigation
14or preparation of such information, or by voluntarily
15reporting to the Medical Disciplinary Board or a peer review
16committee information regarding alleged errors or negligence
17by a person licensed under this Act, or by participating in
18proceedings of the Medical Disciplinary Board or a peer review
19committee, or by serving as a member of the Medical
20Disciplinary Board or a peer review committee, shall not, as a
21result of such actions, be subject to criminal prosecution or
22civil damages.
23 (D) Indemnification. Members of the Medical Disciplinary
24Board, the Licensing Board, the Medical Coordinators, the
25Medical Disciplinary Board's attorneys, the medical
26investigative staff, physicians retained under contract to

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1assist and advise the medical coordinators in the
2investigation, and authorized clerical staff shall be
3indemnified by the State for any actions occurring within the
4scope of services on the Medical Disciplinary Board or
5Licensing Board, done in good faith and not wilful and wanton
6in nature. The Attorney General shall defend all such actions
7unless he or she determines either that there would be a
8conflict of interest in such representation or that the
9actions complained of were not in good faith or were wilful and
10wanton.
11 Should the Attorney General decline representation, the
12member shall have the right to employ counsel of his or her
13choice, whose fees shall be provided by the State, after
14approval by the Attorney General, unless there is a
15determination by a court that the member's actions were not in
16good faith or were wilful and wanton.
17 The member must notify the Attorney General within 7 days
18of receipt of notice of the initiation of any action involving
19services of the Medical Disciplinary Board. Failure to so
20notify the Attorney General shall constitute an absolute
21waiver of the right to a defense and indemnification.
22 The Attorney General shall determine within 7 days after
23receiving such notice, whether he or she will undertake to
24represent the member.
25 (E) Deliberations of Medical Disciplinary Board. Upon the
26receipt of any report called for by this Act, other than those

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1reports of impaired persons licensed under this Act required
2pursuant to the rules of the Medical Disciplinary Board, the
3Medical Disciplinary Board shall notify in writing, by
4certified mail or email, the person who is the subject of the
5report. Such notification shall be made within 30 days of
6receipt by the Medical Disciplinary Board of the report.
7 The notification shall include a written notice setting
8forth the person's right to examine the report. Included in
9such notification shall be the address at which the file is
10maintained, the name of the custodian of the reports, and the
11telephone number at which the custodian may be reached. The
12person who is the subject of the report shall submit a written
13statement responding, clarifying, adding to, or proposing the
14amending of the report previously filed. The person who is the
15subject of the report shall also submit with the written
16statement any medical records related to the report. The
17statement and accompanying medical records shall become a
18permanent part of the file and must be received by the Medical
19Disciplinary Board no more than 30 days after the date on which
20the person was notified by the Medical Disciplinary Board of
21the existence of the original report.
22 The Medical Disciplinary Board shall review all reports
23received by it, together with any supporting information and
24responding statements submitted by persons who are the subject
25of reports. The review by the Medical Disciplinary Board shall
26be in a timely manner but in no event, shall the Medical

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1Disciplinary Board's initial review of the material contained
2in each disciplinary file be less than 61 days nor more than
3180 days after the receipt of the initial report by the Medical
4Disciplinary Board.
5 When the Medical Disciplinary Board makes its initial
6review of the materials contained within its disciplinary
7files, the Medical Disciplinary Board shall, in writing, make
8a determination as to whether there are sufficient facts to
9warrant further investigation or action. Failure to make such
10determination within the time provided shall be deemed to be a
11determination that there are not sufficient facts to warrant
12further investigation or action.
13 Should the Medical Disciplinary Board find that there are
14not sufficient facts to warrant further investigation, or
15action, the report shall be accepted for filing and the matter
16shall be deemed closed and so reported to the Secretary. The
17Secretary shall then have 30 days to accept the Medical
18Disciplinary Board's decision or request further
19investigation. The Secretary shall inform the Medical Board of
20the decision to request further investigation, including the
21specific reasons for the decision. The individual or entity
22filing the original report or complaint and the person who is
23the subject of the report or complaint shall be notified in
24writing by the Secretary of any final action on their report or
25complaint. The Department shall disclose to the individual or
26entity who filed the original report or complaint, on request,

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1the status of the Medical Disciplinary Board's review of a
2specific report or complaint. Such request may be made at any
3time, including prior to the Medical Disciplinary Board's
4determination as to whether there are sufficient facts to
5warrant further investigation or action.
6 (F) Summary reports. The Medical Disciplinary Board shall
7prepare, on a timely basis, but in no event less than once
8every other month, a summary report of final disciplinary
9actions taken upon disciplinary files maintained by the
10Medical Disciplinary Board. The summary reports shall be made
11available to the public upon request and payment of the fees
12set by the Department. This publication may be made available
13to the public on the Department's website. Information or
14documentation relating to any disciplinary file that is closed
15without disciplinary action taken shall not be disclosed and
16shall be afforded the same status as is provided by Part 21 of
17Article VIII of the Code of Civil Procedure.
18 (G) Any violation of this Section shall be a Class A
19misdemeanor.
20 (H) If any such person violates the provisions of this
21Section an action may be brought in the name of the People of
22the State of Illinois, through the Attorney General of the
23State of Illinois, for an order enjoining such violation or
24for an order enforcing compliance with this Section. Upon
25filing of a verified petition in such court, the court may
26issue a temporary restraining order without notice or bond and

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1may preliminarily or permanently enjoin such violation, and if
2it is established that such person has violated or is
3violating the injunction, the court may punish the offender
4for contempt of court. Proceedings under this paragraph shall
5be in addition to, and not in lieu of, all other remedies and
6penalties provided for by this Section.
7(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
8 (225 ILCS 60/24) (from Ch. 111, par. 4400-24)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 24. Report of violations; medical associations.
11 (a) Any physician licensed under this Act, the Illinois
12State Medical Society, the Illinois Association of Osteopathic
13Physicians and Surgeons, the Illinois Chiropractic Society,
14the Illinois Prairie State Chiropractic Association, or any
15component societies of any of these 4 groups, and any other
16person, may report to the Medical Disciplinary Board any
17information the physician, association, society, or person may
18have that appears to show that a physician is or may be in
19violation of any of the provisions of Section 22 of this Act.
20 (b) The Department may enter into agreements with the
21Illinois State Medical Society, the Illinois Association of
22Osteopathic Physicians and Surgeons, the Illinois Prairie
23State Chiropractic Association, or the Illinois Chiropractic
24Society to allow these organizations to assist the Medical
25Disciplinary Board in the review of alleged violations of this

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1Act. Subject to the approval of the Department, any
2organization party to such an agreement may subcontract with
3other individuals or organizations to assist in review.
4 (c) Any physician, association, society, or person
5participating in good faith in the making of a report under
6this Act or participating in or assisting with an
7investigation or review under this Act shall have immunity
8from any civil, criminal, or other liability that might result
9by reason of those actions.
10 (d) The medical information in the custody of an entity
11under contract with the Department participating in an
12investigation or review shall be privileged and confidential
13to the same extent as are information and reports under the
14provisions of Part 21 of Article VIII of the Code of Civil
15Procedure.
16 (e) Upon request by the Department after a mandatory
17report has been filed with the Department, an attorney for any
18party seeking to recover damages for injuries or death by
19reason of medical, hospital, or other healing art malpractice
20shall provide patient records related to the physician
21involved in the disciplinary proceeding to the Department
22within 30 days of the Department's request for use by the
23Department in any disciplinary matter under this Act. An
24attorney who provides patient records to the Department in
25accordance with this requirement shall not be deemed to have
26violated any attorney-client privilege. Notwithstanding any

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1other provision of law, consent by a patient shall not be
2required for the provision of patient records in accordance
3with this requirement.
4 (f) For the purpose of any civil or criminal proceedings,
5the good faith of any physician, association, society or
6person shall be presumed.
7(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
8 (225 ILCS 60/25) (from Ch. 111, par. 4400-25)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 25. The Secretary of the Department may, upon receipt
11of a written communication from the Secretary of Human
12Services, the Director of Healthcare and Family Services
13(formerly Director of Public Aid), or the Director of Public
14Health that continuation of practice of a person licensed
15under this Act constitutes an immediate danger to the public,
16and after consultation with the Chief Medical Coordinator or
17Deputy Medical Coordinator, immediately suspend the license of
18such person without a hearing. In instances in which the
19Secretary immediately suspends a license under this Section, a
20hearing upon such person's license must be convened by the
21Medical Disciplinary Board within 15 days after such
22suspension and completed without appreciable delay. Such
23hearing is to be held to determine whether to recommend to the
24Secretary that the person's license be revoked, suspended,
25placed on probationary status or reinstated, or whether such

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1person should be subject to other disciplinary action. In the
2hearing, the written communication and any other evidence
3submitted therewith may be introduced as evidence against such
4person; provided however, the person, or their counsel, shall
5have the opportunity to discredit, impeach and submit evidence
6rebutting such evidence.
7(Source: P.A. 97-622, eff. 11-23-11.)
8 (225 ILCS 60/35) (from Ch. 111, par. 4400-35)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 35. The Secretary shall have the authority to appoint
11an attorney duly licensed to practice law in the State of
12Illinois to serve as the hearing officer in any action to
13suspend, revoke, place on probationary status, or take any
14other disciplinary action with regard to a license. The
15hearing officer shall have full authority to conduct the
16hearing. The hearing officer shall report his findings and
17recommendations to the Medical Disciplinary Board or Licensing
18Board within 30 days of the receipt of the record. The Medical
19Disciplinary Board or Licensing Board shall have 60 days from
20receipt of the report to review the report of the hearing
21officer and present their findings of fact, conclusions of law
22and recommendations to the Secretary.
23(Source: P.A. 100-429, eff. 8-25-17.)
24 (225 ILCS 60/36) (from Ch. 111, par. 4400-36)

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1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 36. Investigation; notice.
3 (a) Upon the motion of either the Department or the
4Medical Disciplinary Board or upon the verified complaint in
5writing of any person setting forth facts which, if proven,
6would constitute grounds for suspension or revocation under
7Section 22 of this Act, the Department shall investigate the
8actions of any person, so accused, who holds or represents
9that he or she holds a license. Such person is hereinafter
10called the accused.
11 (b) The Department shall, before suspending, revoking,
12placing on probationary status, or taking any other
13disciplinary action as the Department may deem proper with
14regard to any license at least 30 days prior to the date set
15for the hearing, notify the accused in writing of any charges
16made and the time and place for a hearing of the charges before
17the Medical Disciplinary Board, direct him or her to file his
18or her written answer thereto to the Medical Disciplinary
19Board under oath within 20 days after the service on him or her
20of such notice and inform him or her that if he or she fails to
21file such answer default will be taken against him or her and
22his or her license may be suspended, revoked, placed on
23probationary status, or have other disciplinary action,
24including limiting the scope, nature or extent of his or her
25practice, as the Department may deem proper taken with regard
26thereto. The Department shall, at least 14 days prior to the

HB0806 Enrolled- 96 -LRB102 02614 SPS 12617 b
1date set for the hearing, notify in writing any person who
2filed a complaint against the accused of the time and place for
3the hearing of the charges against the accused before the
4Medical Disciplinary Board and inform such person whether he
5or she may provide testimony at the hearing.
6 (c) (Blank).
7 (d) Such written notice and any notice in such proceedings
8thereafter may be served by personal delivery, email to the
9respondent's email address of record, or mail to the
10respondent's address of record.
11 (e) All information gathered by the Department during its
12investigation including information subpoenaed under Section
1323 or 38 of this Act and the investigative file shall be kept
14for the confidential use of the Secretary, the Medical
15Disciplinary Board, the Medical Coordinators, persons employed
16by contract to advise the Medical Coordinator or the
17Department, the Medical Disciplinary Board's attorneys, the
18medical investigative staff, and authorized clerical staff, as
19provided in this Act and shall be afforded the same status as
20is provided information concerning medical studies in Part 21
21of Article VIII of the Code of Civil Procedure, except that the
22Department may disclose information and documents to a
23federal, State, or local law enforcement agency pursuant to a
24subpoena in an ongoing criminal investigation to a health care
25licensing body of this State or another state or jurisdiction
26pursuant to an official request made by that licensing body.

HB0806 Enrolled- 97 -LRB102 02614 SPS 12617 b
1Furthermore, information and documents disclosed to a federal,
2State, or local law enforcement agency may be used by that
3agency only for the investigation and prosecution of a
4criminal offense or, in the case of disclosure to a health care
5licensing body, only for investigations and disciplinary
6action proceedings with regard to a license issued by that
7licensing body.
8(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
9revised 9-20-19.)
10 (225 ILCS 60/37) (from Ch. 111, par. 4400-37)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 37. Disciplinary actions.
13 (a) At the time and place fixed in the notice, the Medical
14Disciplinary Board provided for in this Act shall proceed to
15hear the charges, and the accused person shall be accorded
16ample opportunity to present in person, or by counsel, such
17statements, testimony, evidence and argument as may be
18pertinent to the charges or to any defense thereto. The
19Medical Disciplinary Board may continue such hearing from time
20to time. If the Medical Disciplinary Board is not sitting at
21the time and place fixed in the notice or at the time and place
22to which the hearing has been continued, the Department shall
23continue such hearing for a period not to exceed 30 days.
24 (b) In case the accused person, after receiving notice,
25fails to file an answer, their license may, in the discretion

HB0806 Enrolled- 98 -LRB102 02614 SPS 12617 b
1of the Secretary, having received first the recommendation of
2the Medical Disciplinary Board, be suspended, revoked or
3placed on probationary status, or the Secretary may take
4whatever disciplinary action as he or she may deem proper,
5including limiting the scope, nature, or extent of said
6person's practice, without a hearing, if the act or acts
7charged constitute sufficient grounds for such action under
8this Act.
9 (c) The Medical Disciplinary Board has the authority to
10recommend to the Secretary that probation be granted or that
11other disciplinary or non-disciplinary action, including the
12limitation of the scope, nature or extent of a person's
13practice, be taken as it deems proper. If disciplinary or
14non-disciplinary action, other than suspension or revocation,
15is taken the Medical Disciplinary Board may recommend that the
16Secretary impose reasonable limitations and requirements upon
17the accused registrant to ensure insure compliance with the
18terms of the probation or other disciplinary action including,
19but not limited to, regular reporting by the accused to the
20Department of their actions, placing themselves under the care
21of a qualified physician for treatment, or limiting their
22practice in such manner as the Secretary may require.
23 (d) The Secretary, after consultation with the Chief
24Medical Coordinator or Deputy Medical Coordinator, may
25temporarily suspend the license of a physician without a
26hearing, simultaneously with the institution of proceedings

HB0806 Enrolled- 99 -LRB102 02614 SPS 12617 b
1for a hearing provided under this Section if the Secretary
2finds that evidence in his or her possession indicates that a
3physician's continuation in practice would constitute an
4immediate danger to the public. In the event that the
5Secretary suspends, temporarily, the license of a physician
6without a hearing, a hearing by the Medical Disciplinary Board
7shall be held within 15 days after such suspension has
8occurred and shall be concluded without appreciable delay.
9(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
10 (225 ILCS 60/38) (from Ch. 111, par. 4400-38)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 38. Subpoena; oaths.
13 (a) The Medical Disciplinary Board or Department has power
14to subpoena and bring before it any person in this State and to
15take testimony either orally or by deposition, or both, with
16the same fees and mileage and in the same manner as is
17prescribed by law for judicial procedure in civil cases.
18 (b) The Medical Disciplinary Board or Department, upon a
19determination that probable cause exists that a violation of
20one or more of the grounds for discipline listed in Section 22
21has occurred or is occurring, may subpoena the medical and
22hospital records of individual patients of physicians licensed
23under this Act, provided, that prior to the submission of such
24records to the Medical Disciplinary Board, all information
25indicating the identity of the patient shall be removed and

HB0806 Enrolled- 100 -LRB102 02614 SPS 12617 b
1deleted. Notwithstanding the foregoing, the Medical
2Disciplinary Board and Department shall possess the power to
3subpoena copies of hospital or medical records in mandatory
4report cases under Section 23 alleging death or permanent
5bodily injury when consent to obtain records is not provided
6by a patient or legal representative. Prior to submission of
7the records to the Medical Disciplinary Board, all information
8indicating the identity of the patient shall be removed and
9deleted. All medical records and other information received
10pursuant to subpoena shall be confidential and shall be
11afforded the same status as is proved information concerning
12medical studies in Part 21 of Article VIII of the Code of Civil
13Procedure. The use of such records shall be restricted to
14members of the Medical Disciplinary Board, the medical
15coordinators, and appropriate staff of the Department
16designated by the Medical Disciplinary Board for the purpose
17of determining the existence of one or more grounds for
18discipline of the physician as provided for by Section 22 of
19this Act. Any such review of individual patients' records
20shall be conducted by the Medical Disciplinary Board in strict
21confidentiality, provided that such patient records shall be
22admissible in a disciplinary hearing, before the Medical
23Disciplinary Board, when necessary to substantiate the grounds
24for discipline alleged against the physician licensed under
25this Act, and provided further, that nothing herein shall be
26deemed to supersede the provisions of Part 21 of Article VIII

HB0806 Enrolled- 101 -LRB102 02614 SPS 12617 b
1of the "Code of Civil Procedure", as now or hereafter amended,
2to the extent applicable.
3 (c) The Secretary, hearing officer, and any member of the
4Medical Disciplinary Board each have power to administer oaths
5at any hearing which the Medical Disciplinary Board or
6Department is authorized by law to conduct.
7 (d) The Medical Disciplinary Board, upon a determination
8that probable cause exists that a violation of one or more of
9the grounds for discipline listed in Section 22 has occurred
10or is occurring on the business premises of a physician
11licensed under this Act, may issue an order authorizing an
12appropriately qualified investigator employed by the
13Department to enter upon the business premises with due
14consideration for patient care of the subject of the
15investigation so as to inspect the physical premises and
16equipment and furnishings therein. No such order shall include
17the right of inspection of business, medical, or personnel
18records located on the premises. For purposes of this Section,
19"business premises" is defined as the office or offices where
20the physician conducts the practice of medicine. Any such
21order shall expire and become void five business days after
22its issuance by the Medical Disciplinary Board. The execution
23of any such order shall be valid only during the normal
24business hours of the facility or office to be inspected.
25(Source: P.A. 101-316, eff. 8-9-19.)

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1 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 39. Certified shorthand reporter; record. The
4Department, at its expense, shall provide a certified
5shorthand reporter to take down the testimony and preserve a
6record of all proceedings at the hearing of any case wherein a
7license may be revoked, suspended, placed on probationary
8status, or other disciplinary action taken with regard thereto
9in accordance with Section 2105-115 of the Department of
10Professional Regulation Law of the Civil Administrative Code
11of Illinois. The notice of hearing, complaint and all other
12documents in the nature of pleadings and written motions filed
13in the proceedings, the transcript of testimony, the report of
14the hearing officer, exhibits, the report of the Medical
15Board, and the orders of the Department constitute the record
16of the proceedings.
17(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
18 (225 ILCS 60/40) (from Ch. 111, par. 4400-40)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 40. Findings and recommendations; rehearing.
21 (a) The Medical Disciplinary Board shall present to the
22Secretary a written report of its findings and
23recommendations. A copy of such report shall be served upon
24the accused person, either personally or by mail or email.
25Within 20 days after such service, the accused person may

HB0806 Enrolled- 103 -LRB102 02614 SPS 12617 b
1present to the Department his or her motion, in writing, for a
2rehearing, which written motion shall specify the particular
3ground therefor. If the accused person orders and pays for a
4transcript of the record as provided in Section 39, the time
5elapsing thereafter and before such transcript is ready for
6delivery to them shall not be counted as part of such 20 days.
7 (b) At the expiration of the time allowed for filing a
8motion for rehearing, the Secretary may take the action
9recommended by the Medical Disciplinary Board. Upon the
10suspension, revocation, placement on probationary status, or
11the taking of any other disciplinary action, including the
12limiting of the scope, nature, or extent of one's practice,
13deemed proper by the Department, with regard to the license or
14permit, the accused shall surrender his or her license or
15permit to the Department, if ordered to do so by the
16Department, and upon his or her failure or refusal so to do,
17the Department may seize the same.
18 (c) Each order of revocation, suspension, or other
19disciplinary action shall contain a brief, concise statement
20of the ground or grounds upon which the Department's action is
21based, as well as the specific terms and conditions of such
22action. This document shall be retained as a permanent record
23by the Department Disciplinary Board and the Secretary.
24 (d) (Blank). The Department shall at least annually
25publish a list of the names of all persons disciplined under
26this Act in the preceding 12 months. Such lists shall be

HB0806 Enrolled- 104 -LRB102 02614 SPS 12617 b
1available by the Department on its website.
2 (e) In those instances where an order of revocation,
3suspension, or other disciplinary action has been rendered by
4virtue of a physician's physical illness, including, but not
5limited to, deterioration through the aging process, or loss
6of motor skill which results in a physician's inability to
7practice medicine with reasonable judgment, skill, or safety,
8the Department shall only permit this document, and the record
9of the hearing incident thereto, to be observed, inspected,
10viewed, or copied pursuant to court order.
11(Source: P.A. 101-316, eff. 8-9-19.)
12 (225 ILCS 60/41) (from Ch. 111, par. 4400-41)
13 (Section scheduled to be repealed on January 1, 2022)
14 Sec. 41. Administrative review; certification of record.
15 (a) All final administrative decisions of the Department
16are subject to judicial review pursuant to the Administrative
17Review Law and its rules. The term "administrative decision"
18is defined as in Section 3-101 of the Code of Civil Procedure.
19 (b) Proceedings for judicial review shall be commenced in
20the circuit court of the county in which the party applying for
21review resides; but if the party is not a resident of this
22State, the venue shall be in Sangamon County.
23 (c) The Department shall not be required to certify any
24record to the court, to file an answer in court, or to
25otherwise appear in any court in a judicial review proceeding

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1unless and until the Department has received from the
2plaintiff payment of the costs of furnishing and certifying
3the record, which costs shall be determined by the Department.
4Exhibits shall be certified without cost. Failure on the part
5of the plaintiff to file a receipt in court shall be grounds
6for dismissal of the action. During the pendency and hearing
7of any and all judicial proceedings incident to the
8disciplinary action the sanctions imposed upon the accused by
9the Department because of acts or omissions related to the
10delivery of direct patient care as specified in the
11Department's final administrative decision, shall as a matter
12of public policy remain in full force and effect in order to
13protect the public pending final resolution of any of the
14proceedings.
15(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
16 (225 ILCS 60/42) (from Ch. 111, par. 4400-42)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 42. An order of revocation, suspension, placing the
19license on probationary status, or other formal disciplinary
20action as the Department may deem proper, or a certified copy
21thereof, over the seal of the Department and purporting to be
22signed by the Secretary, is prima facie proof that:
23 (a) Such signature is the genuine signature of the
24 Secretary;
25 (b) The Secretary is duly appointed and qualified; and

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1 (c) The Medical Disciplinary Board and the members
2 thereof are qualified.
3 Such proof may be rebutted.
4(Source: P.A. 97-622, eff. 11-23-11.)
5 (225 ILCS 60/44) (from Ch. 111, par. 4400-44)
6 (Section scheduled to be repealed on January 1, 2022)
7 Sec. 44. None of the disciplinary functions, powers and
8duties enumerated in this Act shall be exercised by the
9Department except upon the action and report in writing of the
10Medical Disciplinary Board.
11 In all instances, under this Act, in which the Medical
12Disciplinary Board has rendered a recommendation to the
13Secretary with respect to a particular physician, the
14Secretary may take action contrary to the recommendation of
15the Medical Board. In shall, in the event that the Secretary he
16or she disagrees with or takes action contrary to the
17recommendation of the Medical Disciplinary Board, file with
18the Medical Disciplinary Board his or her specific written
19reasons of disagreement with the Medical Disciplinary Board.
20Such reasons shall be filed within 30 days of the occurrence of
21the Secretary's contrary position having been taken.
22 The action and report in writing of a majority of the
23Medical Disciplinary Board designated is sufficient authority
24upon which the Secretary may act.
25 Whenever the Secretary is satisfied that substantial

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1justice has not been done either in an examination, or in a
2formal disciplinary action, or refusal to restore a license,
3he or she may order a reexamination or rehearing by the same or
4other examiners.
5(Source: P.A. 97-622, eff. 11-23-11.)
6 (225 ILCS 60/47) (from Ch. 111, par. 4400-47)
7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 47. Administrative Procedure Act. The Illinois
9Administrative Procedure Act is hereby expressly adopted and
10incorporated herein as if all of the provisions of that Act
11were included in this Act, except that the provision of
12subsection (d) of Section 10-65 of the Illinois Administrative
13Procedure Act that provides that at hearings the licensee has
14the right to show compliance with all lawful requirements for
15retention, continuation or renewal of the license is
16specifically excluded. For the purposes of this Act the notice
17required under Section 10-25 of the Illinois Administrative
18Procedure Act is deemed sufficient when mailed or emailed to
19the address of record of a party.
20(Source: P.A. 97-622, eff. 11-23-11.)
21 Section 25. The Boxing and Full-contact Martial Arts Act
22is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
2313, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,
2422, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and

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12.5 as follows:
2 (225 ILCS 105/1) (from Ch. 111, par. 5001)
3 (Section scheduled to be repealed on January 1, 2022)
4 Sec. 1. Short title and definitions.
5 (a) This Act may be cited as the Boxing and Full-contact
6Martial Arts Act.
7 (b) As used in this Act:
8 "Department" means the Department of Financial and
9 Professional Regulation.
10 "Secretary" means the Secretary of Financial and
11 Professional Regulation or a person authorized by the
12 Secretary to act in the Secretary's stead.
13 "Board" means the State of Illinois Athletic Board
14 established pursuant to this Act.
15 "License" means the license issued for promoters,
16 professionals, amateurs, or officials in accordance with
17 this Act.
18 "Contest Professional contest" means a boxing or
19 full-contact martial arts competition in which all of the
20 participants competing against one another are
21 professionals or amateurs and where the public is able to
22 attend or a fee is charged.
23 "Permit" means the authorization from the Department
24 to a promoter to conduct professional or amateur contests,
25 or a combination of both.

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1 "Promoter" means a person who is licensed and who
2 holds a permit to conduct professional or amateur
3 contests, or a combination of both.
4 Unless the context indicates otherwise, "person"
5 includes, but is not limited to, an individual,
6 association, organization, business entity, gymnasium, or
7 club.
8 "Judge" means a person licensed by the Department who
9 is located at ringside or adjacent to the fighting area
10 during a professional contest and who has the
11 responsibility of scoring the performance of the
12 participants in that professional or amateur contest.
13 "Referee" means a person licensed by the Department
14 who has the general supervision of and is present inside
15 of the ring or fighting area during a professional or
16 amateur contest.
17 "Amateur" means a person licensed registered by the
18 Department who is not competing for, and has never
19 received or competed for, any purse or other article of
20 value, directly or indirectly, either for participating in
21 any contest or for the expenses of training therefor,
22 other than a non-monetary prize that does not exceed $50
23 in value.
24 "Professional" means a person licensed by the
25 Department who competes for a money prize, purse, or other
26 type of compensation in a professional contest held in

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1 Illinois.
2 "Second" means a person licensed by the Department who
3 is present at any professional or amateur contest to
4 provide assistance or advice to a professional during the
5 contest.
6 "Matchmaker" means a person licensed by the Department
7 who brings together professionals or amateurs to compete
8 in contests.
9 "Manager" means a person licensed by the Department
10 who is not a promoter and who, under contract, agreement,
11 or other arrangement, undertakes to, directly or
12 indirectly, control or administer the affairs of
13 contestants professionals.
14 "Timekeeper" means a person licensed by the Department
15 who is the official timer of the length of rounds and the
16 intervals between the rounds.
17 "Purse" means the financial guarantee or any other
18 remuneration for which contestants are participating in a
19 professional contest.
20 "Physician" means a person licensed to practice
21 medicine in all its branches under the Medical Practice
22 Act of 1987.
23 "Martial arts" means a discipline or combination of
24 different disciplines that utilizes sparring techniques
25 without the intent to injure, disable, or incapacitate
26 one's opponent, such as, but not limited to, Karate, Kung

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1 Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.
2 "Full-contact martial arts" means the use of a
3 singular discipline or a combination of techniques from
4 different disciplines of the martial arts, including,
5 without limitation, full-force grappling, kicking, and
6 striking with the intent to injure, disable, or
7 incapacitate one's opponent.
8 "Amateur contest" means a boxing or full-contact
9 martial arts competition in which all of the participants
10 competing against one another are amateurs and where the
11 public is able to attend or a fee is charged.
12 "Contestant" means a person who competes in either a
13 boxing or full-contact martial arts contest.
14 "Address of record" means the designated address
15 recorded by the Department in the applicant's or
16 licensee's application file or , license file, or
17 registration file as maintained by the Department's
18 licensure maintenance unit. It is the duty of the
19 applicant or licensee to inform the Department of any
20 change of address and those changes must be made either
21 through the Department's website or by contacting the
22 Department.
23 "Bout" means one match between 2 contestants.
24 "Sanctioning body" means an organization approved by
25 the Department under the requirements and standards stated
26 in this Act and the rules adopted under this Act to act as

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1 a governing body that sanctions professional or amateur
2 full-contact martial arts contests.
3 "Email address of record" means the designated email
4 address recorded by the Department in the applicant's
5 application file or the licensee's license file as
6 maintained by the Department's licensure maintenance unit.
7(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
897-1123, eff. 8-27-12.)
9 (225 ILCS 105/1.4 new)
10 Sec. 1.4. Address of record; email address of record. All
11applicants and licensees shall:
12 (1) provide a valid address and email address to the
13 Department, which shall serve as the address of record and
14 email address of record, respectively, at the time of
15 application for licensure or renewal of a license; and
16 (2) inform the Department of any change of address of
17 record or email address of record within 14 days after
18 such change either through the Department's website or by
19 contacting the Department's licensure maintenance unit.
20 (225 ILCS 105/2) (from Ch. 111, par. 5002)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 2. State of Illinois Athletic Board.
23 (a) The Secretary shall appoint members to the State of
24Illinois Athletic Board. The Board shall consist of 7 members

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1who shall serve in an advisory capacity to the Secretary.
2There is created the State of Illinois Athletic Board
3consisting of 6 persons who shall be appointed by and shall
4serve in an advisory capacity to the Secretary, and the State
5Professional Boxing Board shall be disbanded. One member of
6the Board shall be a physician licensed to practice medicine
7in all of its branches. One member of the Board shall be a
8member of the full-contact martial arts community. One and one
9member of the Board shall be a member of either the
10full-contact martial arts community or the boxing community.
11The Secretary shall appoint each member to serve for a term of
123 years and until his or her successor is appointed and
13qualified. One member of the board shall be designated as the
14Chairperson and one member shall be designated as the
15Vice-chairperson. No member shall be appointed to the Board
16for a term which would cause continuous service to be more than
179 years. Each member of the board shall receive compensation
18for each day he or she is engaged in transacting the business
19of the board and, in addition, shall be reimbursed for his or
20her authorized and approved expenses necessarily incurred in
21relation to such service in accordance with the travel
22regulations applicable to the Department at the time the
23expenses are incurred.
24 (b) Board members shall serve 5-year terms and until their
25successors are appointed and qualified.
26 (c) In appointing members to the Board, the Secretary

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1shall give due consideration to recommendations by members and
2organizations of the martial arts and boxing industry.
3 (d) The membership of the Board should reasonably reflect
4representation from the geographic areas in this State.
5 (e) No member shall be appointed to the Board for a term
6that would cause his or her continuous service on the Board to
7be longer than 2 consecutive 5-year terms.
8 (f) The Secretary may terminate the appointment of any
9member for cause that in the opinion of the Secretary
10reasonably justified such termination, which may include, but
11is not limited to, a Board member who does not attend 2
12consecutive meetings.
13 (g) Appointments to fill vacancies shall be made in the
14same manner as original appointments, for the unexpired
15portion of the vacated term.
16 (h) Four members of the Board shall constitute a quorum. A
17quorum is required for Board decisions.
18 (i) Members of the Board shall have no liability in any
19action based upon activity performed in good faith as members
20of the Board.
21 (j) Members of the Board may be reimbursed for all
22legitimate, necessary, and authorized expenses.
23 Four members shall constitute a quorum.
24 The members of the Board shall be immune from suit in any
25action based upon any disciplinary proceedings or other acts
26performed in good faith as members of the Board.

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1 The Secretary may remove any member of the Board for
2misconduct, incapacity, or neglect of duty. The Secretary
3shall reduce to writing any causes for removal.
4(Source: P.A. 97-119, eff. 7-14-11.)
5 (225 ILCS 105/2.5 new)
6 Sec. 2.5. Powers and duties of the Board.
7 (a) Subject to the provisions of this Act, the Board shall
8exercise the following functions, powers, and duties:
9 (1) The Board shall hold at least one meeting each
10 year.
11 (2) The Board shall elect a chairperson and a vice
12 chairperson.
13 (b) The Department may, at any time, seek the expert
14advice and knowledge of the Board on any matter relating to the
15enforcement of this Act.
16 (225 ILCS 105/5) (from Ch. 111, par. 5005)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 5. Powers and duties of the Department. The
19Department shall, subject to the provisions of this Act,
20exercise the following functions, powers, and duties:
21 (1) Ascertain the qualifications and fitness of
22 applicants for license and permits.
23 (2) Adopt rules required for the administration of
24 this Act.

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1 (3) Conduct hearings on proceedings to refuse to
2 issue, renew, or restore licenses and revoke, suspend,
3 place on probation, or reprimand those licensed under the
4 provisions of this Act.
5 (4) Issue licenses to those who meet the
6 qualifications of this Act and its rules.
7 (5) Conduct investigations related to possible
8 violations of this Act.
9The Department shall exercise, but subject to the provisions
10of this Act, the following functions, powers, and duties: (a)
11to ascertain the qualifications and fitness of applicants for
12licenses and permits; (b) to prescribe rules and regulations
13for the administration of the Act; (c) to conduct hearings on
14proceedings to refuse to issue, refuse to renew, revoke,
15suspend, or subject to reprimand licenses or permits under
16this Act; and (d) to revoke, suspend, or refuse issuance or
17renewal of such licenses or permits.
18(Source: P.A. 92-499, eff. 1-1-02.)
19 (225 ILCS 105/6) (from Ch. 111, par. 5006)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 6. Restricted contests and events.
22 (a) All professional and amateur contests, or a
23combination of both, in which physical contact is made are
24prohibited in Illinois unless authorized by the Department
25pursuant to the requirements and standards stated in this Act

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1and the rules adopted pursuant to this Act. This subsection
2(a) does not apply to any of the following:
3 (1) Amateur boxing or full-contact martial arts
4 contests conducted by accredited secondary schools,
5 colleges, or universities, although a fee may be charged.
6 (2) Amateur boxing contests that are sanctioned by USA
7 Boxing or any other sanctioning organization approved by
8 the Department as determined by rule Association of Boxing
9 Commissions.
10 (3) Amateur boxing or full-contact martial arts
11 contests conducted by a State, county, or municipal
12 entity, including those events held by any agency
13 organized under these entities.
14 (4) Amateur martial arts contests that are not defined
15 as full-contact martial arts contests under this Act,
16 including, but not limited to, Karate, Kung Fu, Judo,
17 Jujutsu, Tae Kwon Do, and Kyuki-Do.
18 (5) Full-contact martial arts contests, as defined by
19 this Act, that are recognized by the International Olympic
20 Committee or are contested in the Olympic Games and are
21 not conducted in an enclosed fighting area or ring.
22 No other amateur boxing or full-contact martial arts
23contests shall be permitted unless authorized by the
24Department.
25 (b) The Department shall have the authority to determine
26whether a professional or amateur contest is exempt for

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1purposes of this Section.
2(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
397-1123, eff. 8-27-12.)
4 (225 ILCS 105/7) (from Ch. 111, par. 5007)
5 (Section scheduled to be repealed on January 1, 2022)
6 Sec. 7. Authorization to conduct contests; sanctioning
7bodies.
8 (a) In order to conduct a professional contest or,
9beginning 6 months after the adoption of rules pertaining to
10an amateur contest, an amateur contest, or a combination of
11both, in this State, a promoter shall obtain a permit issued by
12the Department in accordance with this Act and the rules and
13regulations adopted pursuant thereto. This permit shall
14authorize one or more professional or amateur contests, or a
15combination of both.
16 (b) Before January 1, 2023, amateur Amateur full-contact
17martial arts contests must be registered and sanctioned by a
18sanctioning body approved by the Department for that purpose
19under the requirements and standards stated in this Act and
20the rules adopted under this Act.
21 (c) On and after January 1, 2023, a promoter for an amateur
22full-contact martial arts contest shall obtain a permit issued
23by the Department under the requirements and standards set
24forth in this Act and the rules adopted under this Act.
25 (d) On and after January 1, 2023, the Department shall not

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1approve any sanctioning body. A sanctioning body's approval by
2the Department that was received before January 1, 2023 is
3withdrawn on January 1, 2023.
4 (e) A permit issued under this Act is not transferable.
5(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
6 (225 ILCS 105/8) (from Ch. 111, par. 5008)
7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 8. Permits.
9 (a) A promoter who desires to obtain a permit to conduct a
10professional or amateur contest, or a combination of both,
11shall apply to the Department at least 30 calendar 20 days
12prior to the event, in writing or electronically, on forms
13prescribed furnished by the Department. The application shall
14be accompanied by the required fee and shall contain, but not
15be limited to, the following information to be submitted at
16times specified by rule:
17 (1) the legal names and addresses of the promoter;
18 (2) the name of the matchmaker;
19 (3) the time and exact location of the professional or
20 amateur contest, or a combination of both. It is the
21 responsibility of the promoter to ensure that the building
22 to be used for the event complies with all laws,
23 ordinances, and regulations in the city, town, village, or
24 county where the contest is to be held;
25 (4) the signed and executed copy of the event venue

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1 lease agreement; and proof of adequate security measures,
2 as determined by Department rule, to ensure the protection
3 of the safety of contestants and the general public while
4 attending professional or amateur contests, or a
5 combination of both;
6 (5) proof of adequate medical supervision, as
7 determined by Department rule, to ensure the protection of
8 the health and safety of professionals' or amateurs' while
9 participating in the contest;
10 (5) (6) the initial list of names of the professionals
11 or amateurs competing subject to Department approval. ;
12 (7) proof of insurance for not less than $50,000 as
13 further defined by rule for each professional or amateur
14 participating in a professional or amateur contest, or a
15 combination of both; insurance required under this
16 paragraph (7) shall cover (i) hospital, medication,
17 physician, and other such expenses as would accrue in the
18 treatment of an injury as a result of the professional or
19 amateur contest; (ii) payment to the estate of the
20 professional or amateur in the event of his or her death as
21 a result of his or her participation in the professional
22 or amateur contest; and (iii) accidental death and
23 dismemberment; the terms of the insurance coverage must
24 not require the contestant to pay a deductible. The
25 promoter may not carry an insurance policy with a
26 deductible in an amount greater than $500 for the medical,

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1 surgical, or hospital care for injuries a contestant
2 sustains while engaged in a contest, and if a licensed or
3 registered contestant pays for the medical, surgical, or
4 hospital care, the insurance proceeds must be paid to the
5 contestant or his or her beneficiaries as reimbursement
6 for such payment;
7 (8) the amount of the purses to be paid to the
8 professionals for the event; the Department shall adopt
9 rules for payment of the purses;
10 (9) organizational or internationally accepted rules,
11 per discipline, for professional or amateur full-contact
12 martial arts contests where the Department does not
13 provide the rules;
14 (10) proof of contract indicating the requisite
15 registration and sanctioning by a Department approved
16 sanctioning body for any full-contact martial arts contest
17 with scheduled amateur bouts; and
18 (11) any other information that the Department may
19 require to determine whether a permit shall be issued.
20 (b) The Department may issue a permit to any promoter who
21meets the requirements of this Act and the rules. The permit
22shall only be issued for a specific date and location of a
23professional or amateur contest, or a combination of both, and
24shall not be transferable. The Department may allow a promoter
25to amend a permit application to hold a professional or
26amateur contest, or a combination of both, in a different

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1location other than the application specifies if all
2requirements of this Section are met, waiving the 30-day
3provision of subsection (a) and may allow the promoter to
4substitute professionals or amateurs, respectively.
5 (c) The Department shall be responsible for assigning the
6judges, timekeepers, referees, and physicians, for a
7professional contest, an amateur contest, or a combination of
8both. Compensation shall be determined by the Department, and
9it shall be the responsibility of the promoter to pay the
10individuals utilized.
11 (d) The promoter shall submit the following documents to
12the Department at times specified by rule:
13 (1) proof of adequate security measures, as determined
14 by rule, to ensure the protection of the safety of
15 contestants and the general public while attending
16 professional contests, amateur contests, or a combination
17 of both;
18 (2) proof of adequate medical supervision, as
19 determined by rule, to ensure the protection of the health
20 and safety of professionals or amateurs while
21 participating in contests;
22 (3) the complete and final list of names of the
23 professionals or amateurs competing, subject to Department
24 approval, which shall be submitted up to 48 hours prior to
25 the event date specified in the permit;
26 (4) proof of insurance for not less than $50,000 as

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1 further defined by rule for each professional or amateur
2 participating in a professional or amateur contest, or a
3 combination of both; insurance required under this
4 paragraph shall cover: (i) hospital, medication,
5 physician, and other such expenses as would accrue in the
6 treatment of an injury as a result of the professional or
7 amateur contest; (ii) payment to the estate of the
8 professional or amateur in the event of his or her death as
9 a result of his or her participation in the professional
10 or amateur contest; and (iii) accidental death and
11 dismemberment; the terms of the insurance coverage shall
12 require the promoter, not the licensed contestant, to pay
13 the policy deductible for the medical, surgical, or
14 hospital care of a contestant for injuries a contestant
15 sustained while engaged in a contest; if a licensed
16 contestant pays for the medical, surgical, or hospital
17 care, the insurance proceeds shall be paid to the
18 contestant or his or her beneficiaries as reimbursement
19 for such payment;
20 (5) the amount of the purses to be paid to the
21 professionals for the event as determined by rule;
22 (6) organizational or internationally accepted rules,
23 per discipline, for professional or amateur full-contact
24 martial arts contests if the Department does not provide
25 the rules for Department approval; and
26 (7) any other information the Department may require,

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1 as determined by rule, to issue a permit.
2 (e) If the accuracy, relevance, or sufficiency of any
3submitted documentation is questioned by the Department
4because of lack of information, discrepancies, or conflicts in
5information given or a need for clarification, the promoter
6seeking a permit may be required to provide additional
7information.
8(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
9 (225 ILCS 105/10) (from Ch. 111, par. 5010)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 10. Who must be licensed.
12 (a) In order to participate in professional contests the
13following persons must each be licensed and in good standing
14with the Department: (a) professionals and amateurs, (b)
15seconds, (c) referees, (d) judges, (e) managers, (f)
16matchmakers, and (g) timekeepers.
17 (b) In order to participate in professional or amateur
18contests or a combination of both, promoters must be licensed
19and in good standing with the Department.
20 (c) Announcers may participate in professional or amateur
21contests, or a combination of both, without being licensed
22under this Act. It shall be the responsibility of the promoter
23to ensure that announcers comply with the Act, and all rules
24and regulations promulgated pursuant to this Act.
25 (d) A licensed promoter may not act as, and cannot be

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1licensed as, a second, professional, referee, timekeeper,
2judge, or manager. If he or she is so licensed, he or she must
3relinquish any of these licenses to the Department for
4cancellation. A person possessing a valid promoter's license
5may act as a matchmaker.
6 (e) Participants in amateur full-contact martial arts
7contests taking place before January 1, 2023 are not required
8to obtain licenses by the Department, except for promoters of
9amateur contests.
10(Source: P.A. 97-119, eff. 7-14-11.)
11 (225 ILCS 105/11) (from Ch. 111, par. 5011)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 11. Qualifications for license. The Department shall
14grant licenses to the following persons if the following
15qualifications are met:
16 (1) An applicant for licensure as a professional or
17 amateur must: (1) be 18 years old, (2) be of good moral
18 character, (3) file an application stating the applicant's
19 legal name (and no assumed or ring name may be used unless
20 such name is registered with the Department along with the
21 applicant's legal name), date and place of birth, place of
22 current residence, and a sworn statement that he or she is
23 not currently in violation of any federal, State or local
24 laws or rules governing boxing or full-contact martial
25 arts, (4) file a certificate from a physician licensed to

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1 practice medicine in all of its branches which attests
2 that the applicant is physically fit and qualified to
3 participate in professional or amateur contests, and (5)
4 pay the required fee and meet any other requirements as
5 determined by rule. Applicants over age 35 who have not
6 competed in a professional or amateur contest within the
7 12 last 36 months preceding their application for
8 licensure or have insufficient experience to participate
9 in a professional or amateur contest may be required to
10 appear before the Department to determine their fitness to
11 participate in a professional or amateur contest. A
12 picture identification card shall be issued to all
13 professionals licensed by the Department who are residents
14 of Illinois or who are residents of any jurisdiction,
15 state, or country that does not regulate professional
16 boxing or full-contact martial arts. The identification
17 card shall be presented to the Department or its
18 representative upon request at weigh-ins.
19 (2) An applicant for licensure as a referee, judge,
20 manager, second, matchmaker, or timekeeper must: (1) be of
21 good moral character, (2) file an application stating the
22 applicant's name, date and place of birth, and place of
23 current residence along with a certifying statement that
24 he or she is not currently in violation of any federal,
25 State, or local laws or rules governing boxing, or
26 full-contact martial arts, (3) have had satisfactory

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1 experience in his or her field as defined by rule, (4) pay
2 the required fee, and (5) meet any other requirements as
3 determined by rule.
4 (3) An applicant for licensure as a promoter must: (1)
5 be of good moral character, (2) file an application with
6 the Department stating the applicant's name, date and
7 place of birth, place of current residence along with a
8 certifying statement that he or she is not currently in
9 violation of any federal, State, or local laws or rules
10 governing boxing or full-contact martial arts, (3) pay the
11 required fee and meet any other requirements as
12 established by rule, and (4) in addition to the foregoing,
13 an applicant for licensure as a promoter of professional
14 or amateur contests or a combination of both professional
15 and amateur bouts in one contest shall also provide (i)
16 proof of a surety bond of no less than $5,000 to cover
17 financial obligations under this Act, payable to the
18 Department and conditioned for the payment of the tax
19 imposed by this Act and compliance with this Act, and the
20 rules adopted under this Act, and (ii) a financial
21 statement, prepared by a certified public accountant,
22 showing liquid working capital of $10,000 or more, or a
23 $10,000 performance bond guaranteeing payment of all
24 obligations relating to the promotional activities payable
25 to the Department and conditioned for the payment of the
26 tax imposed by this Act and its rules.

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1 (4) All applicants shall submit an application to the
2 Department, in writing or electronically, on forms
3 prescribed provided by the Department, containing such
4 information as determined by rule.
5 In determining good moral character, the Department may
6take into consideration any violation of any of the provisions
7of Section 16 of this Act as to referees, judges, managers,
8matchmakers, timekeepers, or promoters and any felony
9conviction of the applicant, but such a conviction shall not
10operate as a bar to licensure. No license issued under this Act
11is transferable.
12 The Department may issue temporary licenses as provided by
13rule.
14(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
15 (225 ILCS 105/12) (from Ch. 111, par. 5012)
16 (Section scheduled to be repealed on January 1, 2022)
17 Sec. 12. Professional or amateur contests.
18 (a) The professional or amateur contest, or a combination
19of both, shall be held in an area where adequate neurosurgical
20facilities are immediately available for skilled emergency
21treatment of an injured professional or amateur.
22 (b) Each professional or amateur shall be examined before
23the contest and promptly after each bout by a physician. The
24physician shall determine, prior to the contest, if each
25professional or amateur is physically fit to compete in the

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1contest. After the bout the physician shall examine the
2professional or amateur to determine possible injury. If the
3professional's or amateur's physical condition so indicates,
4the physician shall recommend to the Department immediate
5medical suspension. The physician or a licensed paramedic must
6check the vital signs of all contestants as established by
7rule.
8 (c) The physician may, at any time during the professional
9or amateur bout, stop the professional or amateur bout to
10examine a professional or amateur contestant and may direct
11the referee to terminate the bout when, in the physician's
12opinion, continuing the bout could result in serious injury to
13the professional or amateur. If the professional's or
14amateur's physical condition so indicates, the physician shall
15recommend to the Department immediate medical suspension. The
16physician shall certify to the condition of the professional
17or amateur in writing, over his or her signature on forms
18prescribed provided by the Department. Such reports shall be
19submitted to the Department in a timely manner.
20 (d) No professional or amateur contest, or a combination
21of both, shall be allowed to begin or be held unless at least
22one physician, at least one EMT and one paramedic, and one
23ambulance have been contracted with solely for the care of
24professionals or amateurs who are competing as defined by
25rule.
26 (e) No professional boxing bout shall be more than 12

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1rounds in length. The rounds shall not be more than 3 minutes
2each with a minimum one-minute one minute interval between
3them, and no professional boxer shall be allowed to
4participate in more than one contest within a 7-day period.
5 The number and length of rounds for all other professional
6or amateur boxing or full-contact martial arts contests, or a
7combination of both, shall be determined by rule.
8 (f) The number and types of officials required for each
9professional or amateur contest, or a combination of both,
10shall be determined by rule.
11 (g) The Department or its representative shall have
12discretion to declare a price, remuneration, or purse or any
13part of it belonging to the professional withheld if in the
14judgment of the Department or its representative the
15professional is not honestly competing.
16 (h) The Department shall have the authority to prevent a
17professional or amateur contest, or a combination of both,
18from being held and shall have the authority to stop a
19professional or amateur contest, or a combination of both, for
20noncompliance with any part of this Act or rules or when, in
21the judgment of the Department, or its representative,
22continuation of the event would endanger the health, safety,
23and welfare of the professionals or amateurs or spectators.
24The Department's authority to stop a contest on the basis that
25the professional or amateur contest, or a combination of both,
26would endanger the health, safety, and welfare of the

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1professionals or amateurs or spectators shall extend to any
2professional or amateur contest, or a combination of both,
3regardless of whether that amateur contest is exempted from
4the prohibition in Section 6 of this Act. Department staff, or
5its representative, may be present at any full-contact martial
6arts contest with scheduled amateur bouts.
7 (i) A professional shall only compete against another
8professional. An amateur shall only compete against another
9amateur.
10(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
11 (225 ILCS 105/13) (from Ch. 111, par. 5013)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 13. Tickets; tax. Tickets to professional or amateur
14contests, or a combination of both, shall be printed in such
15form as the Department shall prescribe. A certified inventory
16of all tickets printed for any professional or amateur
17contest, or a combination of both, shall be mailed to the
18Department by the promoter not less than 7 days before the
19contest. The total number of tickets sold printed shall not
20exceed the total seating capacity of the premises in which the
21professional or amateur contest, or a combination of both, is
22to be held. No tickets of admission to any professional or
23amateur contest, or a combination of both, shall be sold
24except those declared on an official ticket inventory as
25described in this Section.

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1 A promoter who conducts a professional contest, an amateur
2contest, or a combination of both a professional and amateur
3contest under this Act shall, within 7 business days 24 hours
4after such a contest:
5 (1) furnish to the Department a written or electronic
6 report verified by the promoter or his or her authorized
7 designee showing the number of tickets sold for such a
8 contest or the actual ticket stubs of tickets sold and the
9 amount of the gross proceeds thereof; and
10 (2) pay to the Department a tax of 5% of gross receipts
11 from the sale of admission tickets, not to exceed $75,000
12 $52,500, to be collected by the Department and placed in
13 the General Professions Dedicated Athletics Supervision
14 and Regulation Fund, a special fund created in the State
15 Treasury to be administered by the Department.
16 Moneys in the General Professions Dedicated Athletics
17Supervision and Regulation Fund shall be used by the
18Department, subject to appropriation, for expenses incurred in
19administering this Act. Moneys in the Fund may be transferred
20to the Professions Indirect Cost Fund, as authorized under
21Section 2105-300 of the Department of Professional Regulation
22Law.
23 In addition to the payment of any other taxes and money due
24under this Section, every promoter of a professional or a
25combination of a professional and amateur contest shall pay to
26the Department 3% of the first $500,000 and 4% thereafter,

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1which shall not exceed $50,000 $35,000 in total from the total
2gross receipts from the sale, lease, or other exploitation of
3broadcasting, including, but not limited to, Internet, cable,
4television, and motion picture rights for that professional
5contest, amateur contest, or professional and amateur
6combination of both, contest or exhibition without any
7deductions for commissions, brokerage fees, distribution fees,
8advertising, professional contestants' purses, or any other
9expenses or charges. These fees shall be paid to the
10Department within 7 business days 72 hours after the
11conclusion of the broadcast of the contest and placed in the
12General Professions Dedicated Athletics Supervision and
13Regulation Fund.
14(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
15 (225 ILCS 105/15) (from Ch. 111, par. 5015)
16 (Section scheduled to be repealed on January 1, 2022)
17 Sec. 15. Inspectors. The Secretary may appoint inspectors
18to assist the Department staff in the administration of the
19Act. Each inspector appointed by the Secretary shall receive
20compensation for each day he or she is engaged in the
21transacting of business of the Department. Each inspector
22shall carry a card issued by the Department to authorize him or
23her to act in such capacity. The inspector or inspectors shall
24supervise each professional contest, amateur contest, or
25combination of both and, at the Department's discretion, may

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1supervise any contest to ensure that the provisions of the Act
2are strictly enforced.
3(Source: P.A. 97-119, eff. 7-14-11.)
4 (225 ILCS 105/16) (from Ch. 111, par. 5016)
5 (Section scheduled to be repealed on January 1, 2022)
6 Sec. 16. Discipline and sanctions.
7 (a) The Department may refuse to issue a permit or ,
8license, or registration, refuse to renew, suspend, revoke,
9reprimand, place on probation, or take such other disciplinary
10or non-disciplinary action as the Department may deem proper,
11including the imposition of fines not to exceed $10,000 for
12each violation, with regard to any permit or , license, or
13registration for one or any combination of the following
14reasons:
15 (1) gambling, betting, or wagering on the result of or
16 a contingency connected with a professional or amateur
17 contest, or a combination of both, or permitting such
18 activity to take place;
19 (2) participating in or permitting a sham or fake
20 professional or amateur contest, or a combination of both;
21 (3) holding the professional or amateur contest, or a
22 combination of both, at any other time or place than is
23 stated on the permit application;
24 (4) permitting any professional or amateur other than
25 those stated on the permit application to participate in a

HB0806 Enrolled- 135 -LRB102 02614 SPS 12617 b
1 professional or amateur contest, or a combination of both,
2 except as provided in Section 9;
3 (5) violation or aiding in the violation of any of the
4 provisions of this Act or any rules or regulations
5 promulgated thereto;
6 (6) violation of any federal, State or local laws of
7 the United States or other jurisdiction governing
8 professional or amateur contests or any regulation
9 promulgated pursuant thereto;
10 (7) charging a greater rate or rates of admission than
11 is specified on the permit application;
12 (8) failure to obtain all the necessary permits,
13 registrations, or licenses as required under this Act;
14 (9) failure to file the necessary bond or to pay the
15 gross receipts or broadcast tax as required by this Act;
16 (10) engaging in dishonorable, unethical or
17 unprofessional conduct of a character likely to deceive,
18 defraud or harm the public, or which is detrimental to
19 honestly conducted contests;
20 (11) employment of fraud, deception or any unlawful
21 means in applying for or securing a permit or license
22 under this Act;
23 (12) permitting a physician making the physical
24 examination to knowingly certify falsely to the physical
25 condition of a professional or amateur;
26 (13) permitting professionals or amateurs of widely

HB0806 Enrolled- 136 -LRB102 02614 SPS 12617 b
1 disparate weights or abilities to engage in professional
2 or amateur contests, respectively;
3 (14) participating in a professional contest as a
4 professional while under medical suspension in this State
5 or in any other state, territory or country;
6 (15) physical illness, including, but not limited to,
7 deterioration through the aging process, or loss of motor
8 skills which results in the inability to participate in
9 contests with reasonable judgment, skill, or safety;
10 (16) allowing one's license or permit issued under
11 this Act to be used by another person;
12 (17) failing, within a reasonable time, to provide any
13 information requested by the Department as a result of a
14 formal or informal complaint;
15 (18) professional incompetence;
16 (19) failure to file a return, or to pay the tax,
17 penalty or interest shown in a filed return, or to pay any
18 final assessment of tax, penalty or interest, as required
19 by any tax Act administered by the Illinois Department of
20 Revenue, until such time as the requirements of any such
21 tax Act are satisfied;
22 (20) (blank);
23 (21) habitual or excessive use or addiction to
24 alcohol, narcotics, stimulants, or any other chemical
25 agent or drug that results in an inability to participate
26 in an event;

HB0806 Enrolled- 137 -LRB102 02614 SPS 12617 b
1 (22) failure to stop a professional or amateur
2 contest, or a combination of both, when requested to do so
3 by the Department;
4 (23) failure of a promoter to adequately supervise and
5 enforce this Act and its rules as applicable to amateur
6 contests, as set forth in rule; or
7 (24) a finding by the Department that the licensee,
8 after having his or her license placed on probationary
9 status, has violated the terms of probation.
10 (b) The determination by a circuit court that a licensee
11is subject to involuntary admission or judicial admission as
12provided in the Mental Health and Developmental Disabilities
13Code operates as an automatic suspension. The suspension will
14end only upon a finding by a court that the licensee is no
15longer subject to involuntary admission or judicial admission,
16issuance of an order so finding and discharging the licensee.
17 (c) In enforcing this Section, the Department, upon a
18showing of a possible violation, may compel any individual
19licensed to practice under this Act, or who has applied for
20licensure pursuant to this Act, to submit to a mental or
21physical examination, or both, as required by and at the
22expense of the Department. The examining physicians or
23clinical psychologists shall be those specifically designated
24by the Department. The Department may order the examining
25physician or clinical psychologist to present testimony
26concerning this mental or physical examination of the licensee

HB0806 Enrolled- 138 -LRB102 02614 SPS 12617 b
1or applicant. No information shall be excluded by reason of
2any common law or statutory privilege relating to
3communications between the licensee or applicant and the
4examining physician or clinical psychologist. Eye examinations
5may be provided by a physician licensed to practice medicine
6in all of its branches or a licensed and certified therapeutic
7optometrist. The individual to be examined may have, at his or
8her own expense, another physician of his or her choice
9present during all aspects of the examination. Failure of any
10individual to submit to a mental or physical examination, when
11directed, shall be grounds for suspension or revocation of a
12license.
13 (d) A contestant who tests positive for a banned
14substance, as defined by rule, shall have his or her license
15immediately suspended. The license shall be subject to other
16discipline as authorized in this Section.
17(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
18 (225 ILCS 105/17) (from Ch. 111, par. 5017)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 17. Administrative Procedure Act. The Illinois
21Administrative Procedure Act is hereby expressly adopted and
22incorporated herein as if all of the provisions of that Act
23were included in this Act. The Department shall not be
24required to annually verify email addresses as specified in
25paragraph (2) subsection (a) of Section 10-75 of the Illinois

HB0806 Enrolled- 139 -LRB102 02614 SPS 12617 b
1Administrative Procedure Act. For the purposes of this Act the
2notice required under Section 10-25 of the Illinois
3Administrative Procedure Act is deemed sufficient when mailed
4to the last known address of record or emailed to the email
5address of record a party.
6(Source: P.A. 88-45.)
7 (225 ILCS 105/17.7)
8 (Section scheduled to be repealed on January 1, 2022)
9 Sec. 17.7. Restoration of license from discipline.
10 (a) At any time after the successful completion of a term
11of indefinite probation, suspension, or revocation of a
12license under this Act, the Department may restore the license
13to the licensee unless, after an investigation and a hearing,
14the Secretary determines that restoration is not in the public
15interest.
16 (b) If circumstances of suspension or revocation so
17indicate, the Department may require an examination of the
18licensee prior to restoring his or her license.
19 (c) No person whose license has been revoked as authorized
20in this Act may apply for restoration of that license until
21allowed under the Civil Administrative Code of Illinois.
22 (d) A license that has been suspended or revoked shall be
23considered nonrenewed for purposes of restoration under this
24Section and a licensee restoring his or her license from
25suspension or revocation must comply with the requirements for

HB0806 Enrolled- 140 -LRB102 02614 SPS 12617 b
1renewal as set forth in this Act and its rules.
2At any time after the successful completion of a term of
3indefinite probation, suspension, or revocation of a license,
4the Department may restore the license to the licensee, unless
5after an investigation and hearing the Secretary determines
6that restoration is not in the public interest. No person or
7entity whose license, certificate, or authority has been
8revoked as authorized in this Act may apply for restoration of
9that license, certification, or authority until such time as
10provided for in the Civil Administrative Code of Illinois.
11(Source: P.A. 97-119, eff. 7-14-11.)
12 (225 ILCS 105/17.8)
13 (Section scheduled to be repealed on January 1, 2022)
14 Sec. 17.8. Surrender of license. Upon the revocation or
15suspension of a license or registration, the licensee shall
16immediately surrender his or her license to the Department. If
17the licensee fails to do so, the Department has the right to
18seize the license.
19(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
20 (225 ILCS 105/17.9)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 17.9. Summary suspension of a license or
23registration. The Secretary may summarily suspend a license or
24registration without a hearing if the Secretary finds that

HB0806 Enrolled- 141 -LRB102 02614 SPS 12617 b
1evidence in the Secretary's possession indicates that the
2continuation of practice would constitute an imminent danger
3to the public, participants, including any professional
4contest officials, or the individual involved or cause harm to
5the profession. If the Secretary summarily suspends the
6license without a hearing, a hearing must be commenced within
730 days after the suspension has occurred and concluded as
8expeditiously as practical.
9(Source: P.A. 97-119, eff. 7-14-11.)
10 (225 ILCS 105/18) (from Ch. 111, par. 5018)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 18. Investigations; notice and hearing.
13 (a) The Department may investigate the actions of any
14applicant or of any person or entity holding or claiming to
15hold a license under this Act.
16 (b) The Department shall, before disciplining an applicant
17or licensee, at least 30 days prior to the date set for the
18hearing: (i) notify, in writing, the accused of the charges
19made and the time and place for the hearing on the charges;
20(ii) direct him or her to file a written answer to the charges,
21under oath, within 20 days after service of the notice; and
22(iii) inform the applicant or licensee that failure to file an
23answer will result in a default being entered against the
24applicant or licensee.
25 (c) Written or electronic notice, and any notice in the

HB0806 Enrolled- 142 -LRB102 02614 SPS 12617 b
1subsequent proceedings, may be served by personal delivery, by
2email, or by mail to the applicant or licensee at his or her
3address of record or email address of record.
4 (d) At the time and place fixed in the notice, the hearing
5officer appointed by the Secretary shall proceed to hear the
6charges, and the parties or their counsel shall be accorded
7ample opportunity to present any statement, testimony,
8evidence, and argument as may be pertinent to the charges or to
9their defense. The hearing officer may continue the hearing
10from time to time.
11 (e) If the licensee or applicant, after receiving the
12notice, fails to file an answer, his or her license may, in the
13discretion of the Secretary, be suspended, revoked, or placed
14on probationary status or be subject to whatever disciplinary
15action the Secretary considers proper, including limiting the
16scope, nature, or extent of the person's practice or
17imposition of a fine, without hearing, if the act or acts
18charged constitute sufficient grounds for the action under
19this Act.
20The Department may investigate the actions of any applicant or
21of any person or persons promoting or participating in a
22professional or amateur contest or any person holding or
23claiming to hold a license. The Department shall, before
24revoking, suspending, placing on probation, reprimanding, or
25taking any other disciplinary action under this Act, at least
2630 days before the date set for the hearing, (i) notify the

HB0806 Enrolled- 143 -LRB102 02614 SPS 12617 b
1accused in writing of the charges made and the time and place
2for the hearing on the charges, (ii) direct him or her to file
3a written answer to the charges with the Department under oath
4within 20 days after the service on him or her of the notice,
5and (iii) inform the accused that, if he or she fails to
6answer, default will be taken against him or her or that his or
7her license may be suspended, revoked, or placed on
8probationary status or that other disciplinary action may be
9taken with regard to the license, including limiting the
10scope, nature, or extent of his or her practice, as the
11Department may consider proper. At the time and place fixed in
12the notice, the hearing officer shall proceed to hear the
13charges, and the parties or their counsel shall be accorded
14ample opportunity to present any pertinent statements,
15testimony, evidence, and arguments. The hearing officer may
16continue the hearing from time to time. In case the person,
17after receiving the notice, fails to file an answer, his or her
18license may, in the discretion of the Department, be
19suspended, revoked, or placed on probationary status or the
20Department may take whatever disciplinary action considered
21proper, including limiting the scope, nature, or extent of the
22person's practice or the imposition of a fine, without a
23hearing, if the act or acts charged constitute sufficient
24grounds for that action under this Act. The written notice may
25be served by personal delivery or by certified mail to the
26person's address of record.

HB0806 Enrolled- 144 -LRB102 02614 SPS 12617 b
1(Source: P.A. 97-119, eff. 7-14-11.)
2 (225 ILCS 105/19) (from Ch. 111, par. 5019)
3 (Section scheduled to be repealed on January 1, 2022)
4 Sec. 19. Hearing; Motion for rehearing Findings and
5recommendations.
6 (a) The hearing officer appointed by the Secretary shall
7hear evidence in support of the formal charges and evidence
8produced by the applicant or licensee. At the conclusion of
9the hearing, the hearing officer shall present to the
10Secretary a written report of his or her findings of fact,
11conclusions of law, and recommendations.
12 (b) A copy of the hearing officer's report shall be served
13upon the applicant or licensee, either personally or as
14provided in this Act for the service of the notice of hearing.
15Within 20 calendar days after such service, the applicant or
16licensee may present to the Department a motion, in writing,
17for a rehearing that shall specify the particular grounds for
18rehearing. The Department may respond to the motion for
19rehearing within 20 calendar days after its service on the
20Department. If no motion for rehearing is filed, then upon the
21expiration of the time specified for filing such a motion, or
22upon denial of a motion for rehearing, the Secretary may enter
23an order in accordance with the recommendations of the hearing
24officer. If the applicant or licensee orders from the
25reporting service and pays for a transcript of the record

HB0806 Enrolled- 145 -LRB102 02614 SPS 12617 b
1within the time for filing a motion for rehearing, the 20
2calendar day period within which a motion may be filed shall
3commence upon delivery of the transcript to the applicant or
4licensee.
5 (c) If the Secretary disagrees in any regard with the
6report of the hearing officer, the Secretary may issue an
7order contrary to the report.
8 (d) Whenever the Secretary is not satisfied that
9substantial justice has been done, the Secretary may order a
10hearing by the same or another hearing officer.
11 (e) At any point in any investigation or disciplinary
12proceeding provided for in this Act, both parties may agree to
13a negotiated consent order. The consent order shall be final
14upon signature of the Secretary.
15At the conclusion of the hearing, the hearing officer shall
16present to the Secretary a written report of its findings,
17conclusions of law, and recommendations. The report shall
18contain a finding of whether the accused person violated this
19Act or its rules or failed to comply with the conditions
20required in this Act or its rules. The hearing officer shall
21specify the nature of any violations or failure to comply and
22shall make its recommendations to the Secretary. In making
23recommendations for any disciplinary actions, the hearing
24officer may take into consideration all facts and
25circumstances bearing upon the reasonableness of the conduct
26of the accused and the potential for future harm to the public

HB0806 Enrolled- 146 -LRB102 02614 SPS 12617 b
1including, but not limited to, previous discipline of the
2accused by the Department, intent, degree of harm to the
3public and likelihood of harm in the future, any restitution
4made by the accused, and whether the incident or incidents
5contained in the complaint appear to be isolated or represent
6a continuing pattern of conduct. In making its recommendations
7for discipline, the hearing officer shall endeavor to ensure
8that the severity of the discipline recommended is reasonably
9related to the severity of the violation.
10 The report of findings of fact, conclusions of law, and
11recommendation of the hearing officer shall be the basis for
12the Department's order refusing to issue, restore, or renew a
13license, or otherwise disciplining a licensee. If the
14Secretary disagrees with the recommendations of the hearing
15officer, the Secretary may issue an order in contravention of
16the hearing officer's recommendations. The finding is not
17admissible in evidence against the person in a criminal
18prosecution brought for a violation of this Act, but the
19hearing and finding are not a bar to a criminal prosecution
20brought for a violation of this Act.
21(Source: P.A. 97-119, eff. 7-14-11.)
22 (225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 19.1. Hearing officer Appointment of a hearing
25officer. Notwithstanding any provision of this Act, the

HB0806 Enrolled- 147 -LRB102 02614 SPS 12617 b
1Secretary has the authority to appoint an attorney duly
2licensed to practice law in the State of Illinois to serve as
3the hearing officer in any action for refusal to issue or renew
4a license or discipline a license. The hearing officer shall
5have full authority to conduct the hearing. The hearing
6officer shall report his or her findings of fact, conclusions
7of law, and recommendations to the Secretary The Secretary has
8the authority to appoint any attorney duly licensed to
9practice law in the State of Illinois to serve as the hearing
10officer in any action for refusal to issue, restore, or renew a
11license or discipline of a licensee. The hearing officer has
12full authority to conduct the hearing. The hearing officer
13shall report his or her findings of fact, conclusions of law,
14and recommendations to the Secretary. If the Secretary
15determines that the hearing officer's report is contrary to
16the manifest weight of the evidence, he may issue an order in
17contravention of the recommendation.
18(Source: P.A. 97-119, eff. 7-14-11.)
19 (225 ILCS 105/19.5)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 19.5. Order or certified copy; prima facie proof. An
22order or certified copy thereof, over the seal of the
23Department and purporting to be signed by the Secretary, is
24prima facie proof that:
25 (1) the signature is the genuine signature of the

HB0806 Enrolled- 148 -LRB102 02614 SPS 12617 b
1 Secretary; and
2 (2) the Secretary is duly appointed and qualified;
3 and .
4 (3) the hearing officer is qualified to act.
5(Source: P.A. 97-119, eff. 7-14-11.)
6 (225 ILCS 105/20) (from Ch. 111, par. 5020)
7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 20. Record of proceeding Stenographer; transcript.
9 (a) The Department, at its expense, shall provide a
10certified shorthand reporter to take down the testimony and
11preserve a record of all proceedings at the hearing of any case
12in which a licensee may be revoked, suspended, placed on
13probationary status, reprimanded, fined, or subjected to other
14disciplinary action with reference to the license when a
15disciplinary action is authorized under this Act and rules.
16The notice of hearing, complaint, and all other documents in
17the nature of pleadings and written portions filed in the
18proceedings, the transcript of the testimony, the report of
19the hearing officer, and the orders of the Department shall be
20the record of the proceedings. The record may be made
21available to any person interested in the hearing upon payment
22of the fee required by Section 2105-115 of the Department of
23Professional Regulation Law of the Civil Administrative Code
24of Illinois.
25 (b) The Department may contract for court reporting

HB0806 Enrolled- 149 -LRB102 02614 SPS 12617 b
1services, and, if it does so, the Department shall provide the
2name and contact information for the certified shorthand
3reporter who transcribed the testimony at a hearing to any
4person interested, who may obtain a copy of the transcript of
5any proceedings at a hearing upon payment of the fee specified
6by the certified shorthand reporter.
7The Department, at its expense, shall provide a stenographer
8to take down the testimony and preserve a record of all
9proceedings at the hearing of any case wherein a license or
10permit is subjected to disciplinary action. The notice of
11hearing, complaint and all other documents in the nature of
12pleadings and written motions filed in the proceedings, the
13transcript of testimony, the report of the hearing officer and
14the orders of the Department shall be the record of the
15proceedings. The Department shall furnish a transcript of the
16record to any person interested in the hearing upon payment of
17the fee required under Section 2105-115 of the Department of
18Professional Regulation Law (20 ILCS 2105/2105-115).
19(Source: P.A. 97-119, eff. 7-14-11.)
20 (225 ILCS 105/21) (from Ch. 111, par. 5021)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 21. Injunctive action; cease and desist order.
23 (a) If a person violates the provisions of this Act, the
24Secretary Director, in the name of the People of the State of
25Illinois, through the Attorney General or the State's Attorney

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1of the county in which the violation is alleged to have
2occurred, may petition for an order enjoining the violation or
3for an order enforcing compliance with this Act. Upon the
4filing of a verified petition, the court with appropriate
5jurisdiction may issue a temporary restraining order, without
6notice or bond, and may preliminarily and permanently enjoin
7the violation. If it is established that the person has
8violated or is violating the injunction, the court may punish
9the offender for contempt of court. Proceedings under this
10Section are in addition to, and not in lieu of, all other
11remedies and penalties provided by this Act.
12 (b) Whenever, in the opinion of the Department, a person
13violates any provision of this Act, the Department may issue a
14rule to show cause why an order to cease and desist should not
15be entered against that person. The rule shall clearly set
16forth the grounds relied upon by the Department and shall
17allow at least 7 days from the date of the rule to file an
18answer satisfactory to the Department. Failure to answer to
19the satisfaction of the Department shall cause an order to
20cease and desist to be issued.
21(Source: P.A. 91-408, eff. 1-1-00.)
22 (225 ILCS 105/22) (from Ch. 111, par. 5022)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 22. The expiration date and renewal period for each
25license issued under this Act shall be set by rule. The holder

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1of a license may renew such license during the month preceding
2the expiration date thereof by paying the required fee and
3meeting additional requirements as determined by rule.
4(Source: P.A. 82-522.)
5 (225 ILCS 105/23) (from Ch. 111, par. 5023)
6 (Section scheduled to be repealed on January 1, 2022)
7 Sec. 23. Fees.
8 (a) The fees for the administration and enforcement of
9this Act including, but not limited to, original licensure,
10renewal, and restoration shall be set by rule. The fees shall
11not be refundable. All Beginning July 1, 2003, all of the fees,
12taxes, and fines collected under this Act shall be deposited
13into the General Professions Dedicated Fund.
14 (b) Before January 1, 2023, there shall be no fees for
15amateur full-contact martial arts events; except that until
16January 1, 2023, the applicant fees for promoters of amateur
17events where only amateur bouts are held shall be $300.
18(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
19eff. 7-1-03.)
20 (225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 23.1. Returned checks; fines. Any person who delivers
23a check or other payment to the Department that is returned to
24the Department unpaid by the financial institution upon which

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1it is drawn shall pay to the Department, in addition to the
2amount already owed to the Department, a fine of $50. The fines
3imposed by this Section are in addition to any other
4discipline provided under this Act for unlicensed practice or
5practice on a nonrenewed license. The Department shall notify
6the person that payment of fees and fines shall be paid to the
7Department by certified check or money order within 30
8calendar days of the notification. If, after the expiration of
930 days from the date of the notification, the person has
10failed to submit the necessary remittance, the Department
11shall automatically terminate the license or deny the
12application, without hearing. If, after termination or denial,
13the person seeks a license, he or she shall apply to the
14Department for restoration or issuance of the license and pay
15all fees and fines due to the Department. The Department may
16establish a fee for the processing of an application for
17restoration of a license to pay all expenses of processing
18this application. The Secretary Director may waive the fines
19due under this Section in individual cases where the Secretary
20Director finds that the fines would be unreasonable or
21unnecessarily burdensome.
22(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
23 (225 ILCS 105/24) (from Ch. 111, par. 5024)
24 (Section scheduled to be repealed on January 1, 2022)
25 Sec. 24. Unlicensed practice; violations; civil penalty.

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1 (a) Any person who practices, offers to practice, attempts
2to practice, or holds himself or herself out as being able to
3engage in practices requiring a license under this Act without
4being licensed or exempt under this Act shall, in addition to
5any other penalty provided by law, pay a civil penalty to the
6Department in an amount not to exceed $10,000 for each
7offense, as determined by the Department. The civil penalty
8shall be assessed by the Department after a hearing is held in
9accordance with the provision set forth in this Act regarding
10the provision of a hearing for the discipline of a licensee.
11 (b) The Department may investigate any actual, alleged, or
12suspected unlicensed activity.
13 (c) The civil penalty shall be paid within 60 days after
14the effective date of the order imposing the civil penalty.
15The order shall constitute a judgment and may be filed and
16executed thereon in the same manner as any judgment from any
17court of record.
18 (d) A person or entity not licensed under this Act who has
19violated any provision of this Act or its rules is guilty of a
20Class A misdemeanor for the first offense and a Class 4 felony
21for a second and subsequent offenses.
22A person who violates a provision of this Act is guilty of a
23Class A Misdemeanor. On conviction of a second or subsequent
24offense the violator shall be guilty of a Class 4 felony.
25(Source: P.A. 86-615.)

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1 (225 ILCS 105/24.5)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 24.5. Confidentiality. All information collected by
4the Department in the course of an examination or
5investigation of a licensee, registrant, or applicant,
6including, but not limited to, any complaint against a
7licensee or registrant filed with the Department and
8information collected to investigate any such complaint, shall
9be maintained for the confidential use of the Department and
10shall not be disclosed. The Department may not disclose such
11information to anyone other than law enforcement officials,
12other regulatory agencies that have an appropriate regulatory
13interest as determined by the Secretary, or a party presenting
14a lawful subpoena to the Department. Information and documents
15disclosed to a federal, State, county, or local law
16enforcement agency shall not be disclosed by the agency for
17any purpose to any other agency or person. A formal complaint
18filed against a licensee or registrant by the Department or
19any order issued by the Department against a licensee,
20registrant, or applicant shall be a public record, except as
21otherwise prohibited by law.
22(Source: P.A. 97-119, eff. 7-14-11.)
23 (225 ILCS 105/25.1)
24 (Section scheduled to be repealed on January 1, 2022)
25 Sec. 25.1. Medical Suspension.

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1 (a) A licensee or registrant who is determined by the
2examining physician or Department to be unfit to compete or
3officiate shall be prohibited from participating in a contest
4in Illinois and, if actively licensed, shall be medically
5suspended immediately suspended until it is shown that he or
6she is fit for further competition or officiating. If the
7licensee or registrant disagrees with a medical suspension set
8at the discretion of the ringside physician, he or she may
9request a hearing to show proof of fitness. The hearing shall
10be provided at the earliest opportunity after the Department
11receives a written request from the licensee.
12 (b) If the referee has stopped the bout or rendered a
13decision of technical knockout against a professional or
14amateur or if the professional or amateur is knocked out other
15than by a blow to the head, the professional or amateur shall
16be medically immediately suspended immediately for a period of
17not less than 30 days.
18 (c) In a full-contact martial arts contest, if the
19professional or amateur has tapped out, or has submitted, or
20the referee has stopped the bout, shall stop the professional
21or amateur contest and the ringside physician shall determine
22the length of suspension.
23 (d) If the professional or amateur has been knocked
24unconscious out by a blow to the head, he or she shall be
25medically suspended immediately for a period of not less than
2645 days.

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1 (e) A licensee may receive a medical suspension for any
2injury sustained as a result of a bout that shall not be less
3than 7 days.
4 (f) A licensee may receive additional terms and conditions
5for a medical suspension beyond a prescribed passage of time
6as authorized under this Section.
7 (g) If a licensee receives a medical suspension that
8includes terms and conditions in addition to the prescribed
9passage of time as authorized under this Section, before the
10removal of the medical suspension, a licensee shall:
11 (1) satisfactorily pass a medical examination;
12 (2) provide those examination results to the
13 Department;
14 (3) provide any additional requested documentation as
15 directed by the licensee's examining physician or
16 Department where applicable; and
17 (4) if the licensee's examining physician requires any
18 necessary additional medical procedures during the
19 examination related to the injury that resulted in the
20 medical suspension, those results shall be provided to the
21 Department.
22 (h) Any medical suspension imposed as authorized under
23this Act against a licensee shall be reported to the
24Department's record keeper as determined by rule.
25 (i) A medical suspension as authorized under this Section
26shall not be considered a suspension under Section 16 of this

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1Act. A violation of the terms of a medical suspension
2authorized under this Section shall subject a licensee to
3discipline under Section 16 of this Act.
4 (j) A professional or amateur contestant who has been
5placed on medical suspension under the laws of another state,
6the District of Columbia, or a territory of the United States
7for substantially similar reasons as this Section shall be
8prohibited from participating in a contest as authorized under
9this Act until the requirements of subsection (g) of this
10Section have been met or the medical suspension has been
11removed by that jurisdiction.
12 (k) A medical suspension authorized under this Section
13shall begin the day after the bout a licensee participated in.
14 Prior to reinstatement, any professional or amateur
15suspended for his or her medical protection shall
16satisfactorily pass a medical examination upon the direction
17of the Department. The examining physician may require any
18necessary medical procedures during the examination.
19(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
20 (225 ILCS 105/0.10 rep.)
21 (225 ILCS 105/10.1 rep.)
22 (225 ILCS 105/10.5 rep.)
23 (225 ILCS 105/11.5 rep.)
24 (225 ILCS 105/17.11 rep.)
25 (225 ILCS 105/17.12 rep.)

HB0806 Enrolled- 158 -LRB102 02614 SPS 12617 b
1 (225 ILCS 105/19.4 rep.)
2 Section 30. The Boxing and Full-contact Martial Arts Act
3is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
417.11, 17.12, and 19.4.
5 Section 35. The Registered Interior Designers Act is
6amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
729, 30 and by adding Section 3.1 as follows:
8 (225 ILCS 310/3) (from Ch. 111, par. 8203)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 3. Definitions. As used in this Act:
11 "Address of record" means the designated address recorded
12by the Department in the applicant's application file or the
13registrant's registration file as maintained by the
14Department's licensure maintenance unit.
15 "Board" means the Board of Registered Interior Design
16Professionals established under Section 6 of this Act.
17 "Department" means the Department of Financial and
18Professional Regulation.
19 "Email address of record" means the designated email
20address recorded by the Department in the applicant's
21application file or the registrant's registration file as
22maintained by the Department's licensure maintenance unit.
23 "The profession of interior design", within the meaning
24and intent of this Act, refers to persons qualified by

HB0806 Enrolled- 159 -LRB102 02614 SPS 12617 b
1education, experience, and examination, who administer
2contracts for fabrication, procurement, or installation in the
3implementation of designs, drawings, and specifications for
4any interior design project and offer or furnish professional
5services, such as consultations, studies, drawings, and
6specifications in connection with the location of lighting
7fixtures, lamps and specifications of ceiling finishes as
8shown in reflected ceiling plans, space planning, furnishings,
9or the fabrication of non-loadbearing structural elements
10within and surrounding interior spaces of buildings but
11specifically excluding mechanical and electrical systems,
12except for specifications of fixtures and their location
13within interior spaces.
14 "Public member" means a person who is not an interior
15designer, educator in the field, architect, structural
16engineer, or professional engineer. For purposes of board
17membership, any person with a significant financial interest
18in the design or construction service or profession is not a
19public member.
20 "Registered interior designer" means a person who has
21received registration under Section 8 of this Act. A person
22represents himself or herself to be a "registered interior
23designer" within the meaning of this Act if he or she holds
24himself or herself out to the public by any title
25incorporating the words "registered interior designer" or any
26title that includes the words "registered interior design".

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1 "Secretary" means the Secretary of Financial and
2Professional Regulation.
3(Source: P.A. 100-920, eff. 8-17-18.)
4 (225 ILCS 310/3.1 new)
5 Sec. 3.1. Address of record; email address of record. All
6applicants and registrants shall:
7 (1) provide a valid address and email address to the
8 Department, which shall serve as the address of record and
9 email address of record, respectively, at the time of
10 application for registration or renewal of a registration;
11 and
12 (2) inform the Department of any change of address of
13 record or email address of record within 14 days after
14 such change either through the Department's website or by
15 contacting the Department's licensure maintenance unit.
16 (225 ILCS 310/4) (from Ch. 111, par. 8204)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 4. Title; application of Act.
19 (a) No individual shall, without a valid registration as
20an interior designer issued by the Department, in any manner
21hold himself or herself out to the public as a registered
22interior designer or attach the title "registered interior
23designer" or any other name or designation which would in any
24way imply that he or she is able to use the title "registered

HB0806 Enrolled- 161 -LRB102 02614 SPS 12617 b
1interior designer" as defined in this Act.
2 (a-5) Nothing in this Act shall be construed as preventing
3or restricting the services offered or advertised by an
4interior designer who is registered under this Act.
5 (b) Nothing in this Act shall prevent the employment, by a
6registered interior designer association, partnership, or a
7corporation furnishing interior design services for
8remuneration, of persons not registered as interior designers
9to perform services in various capacities as needed, provided
10that the persons do not represent themselves as, or use the
11title of, "registered interior designer".
12 (c) Nothing in this Act shall be construed to limit the
13activities and use of the title "interior designer" on the
14part of a person not registered under this Act who is a
15graduate of an interior design program and a full-time
16employee of a duly chartered institution of higher education
17insofar as such person engages in public speaking, with or
18without remuneration, provided that such person does not
19represent himself or herself to be a registered interior
20designer or use the title "registered interior designer".
21 (d) Nothing contained in this Act shall restrict any
22person not registered under this Act from carrying out any of
23the activities listed in the definition of "the profession of
24interior design" in Section 3 if such person does not
25represent himself or herself or his or her services in any
26manner prohibited by this Act.

HB0806 Enrolled- 162 -LRB102 02614 SPS 12617 b
1 (e) Nothing in this Act shall be construed as preventing
2or restricting the practice, services, or activities of any
3person licensed in this State under any other law from
4engaging in the profession or occupation for which he or she is
5licensed.
6 (f) Nothing in this Act shall be construed as preventing
7or restricting the practice, services, or activities of
8engineers licensed under the Professional Engineering Practice
9Act of 1989 or the Structural Engineering Practice Act of
101989; architects licensed pursuant to the Illinois
11Architectural Practice Act of 1989; any interior decorator or
12individual offering interior decorating services including,
13but not limited to, the selection of surface materials, window
14treatments, wall coverings, furniture, accessories, paint,
15floor coverings, and lighting fixtures; or builders, home
16furnishings salespersons, and similar purveyors of goods and
17services relating to homemaking.
18 (g) Nothing in this Act or any other Act shall prevent a
19licensed architect from practicing interior design services.
20Nothing in this Act shall be construed as requiring the
21services of a registered interior designer for the interior
22designing of a single family residence.
23 (h) Nothing in this Act shall authorize registered
24interior designers to perform services, including life safety
25services that they are prohibited from performing, or any
26practice (i) that is restricted in the Illinois Architecture

HB0806 Enrolled- 163 -LRB102 02614 SPS 12617 b
1Practice Act of 1989, the Professional Engineering Practice
2Act of 1989, or the Structural Engineering Practice Act of
31989, or (ii) that they are not authorized to perform under the
4Environmental Barriers Act.
5 (i) Nothing in this Act shall authorize registered
6interior designers to advertise services that they are
7prohibited to perform, including architecture or engineering
8services, nor to use the title "architect" in any form.
9(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
10 (225 ILCS 310/4.5)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 4.5. Unregistered practice; violation; civil penalty.
13 (a) Any person who holds himself or herself out to be a
14registered interior designer without being registered under
15this Act shall, in addition to any other penalty provided by
16law, pay a civil penalty to the Department in an amount not to
17exceed $5,000 for each offense as determined by the
18Department. The civil penalty shall be assessed by the
19Department after a hearing is held in accordance with the
20provisions set forth in this Act regarding the provision of a
21hearing for the discipline of a registrant licensee.
22 (b) The Department has the authority and power to
23investigate any illegal use of the title of registered
24interior designer.
25 (c) The civil penalty shall be paid within 60 days after

HB0806 Enrolled- 164 -LRB102 02614 SPS 12617 b
1the effective date of the order imposing the civil penalty.
2The order shall constitute a judgment and may be filed and
3execution had thereon in the same manner as any judgment from
4any court of record.
5(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
6 (225 ILCS 310/6) (from Ch. 111, par. 8206)
7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 6. Board of Registered Interior Design Professionals.
9The Secretary shall appoint a Board of Registered Interior
10Design Professionals consisting of 5 members who shall serve
11in an advisory capacity to the Secretary. All members of the
12Board shall be residents of Illinois. Four members shall (i)
13hold a valid registration as an interior designer in Illinois
14and have held the registration under this Act for the
15preceding 10 years; and (ii) not have been disciplined within
16the preceding 10 years under this Act. In addition to the 4
17registered interior designer members, there shall be one
18public member. The public member shall be a voting member and
19shall not be licensed or registered under this Act or any other
20design profession licensing Act that the Department
21administers.
22 Board members shall serve 5-year terms and until their
23successors are appointed and qualified. In appointing members
24to the Board, the Secretary shall give due consideration to
25recommendations by members and organizations of the interior

HB0806 Enrolled- 165 -LRB102 02614 SPS 12617 b
1design profession.
2 The membership of the Board should reasonably reflect
3representation from the geographic areas in this State.
4 No member shall be reappointed to the Board for a term that
5would cause his or her continuous service on the Board to be
6longer than 2 consecutive 5-year terms.
7 Appointments to fill vacancies shall be made in the same
8manner as original appointments for the unexpired portion of
9the vacated term.
10 Three members of the Board shall constitute a quorum. A
11quorum is required for Board decisions.
12 The Secretary may remove any member of the Board for
13misconduct, incompetence, or neglect of duty or for reasons
14prescribed by law for removal of State officials.
15 The Secretary may remove a member of the Board who does not
16attend 2 consecutive meetings.
17 Notice of proposed rulemaking may be transmitted to the
18Board and the Department may review the response of the Board
19and any recommendations made therein. The Department may, at
20any time, seek the expert advice and knowledge of the Board on
21any matter relating to the administration or enforcement of
22this Act.
23 Members of the Board are not liable for damages in any
24action or proceeding as a result of activities performed as
25members of the Board, except upon proof of actual malice.
26 Members of the Board shall be reimbursed for all

HB0806 Enrolled- 166 -LRB102 02614 SPS 12617 b
1legitimate, necessary, and authorized expenses.
2 There is created a Board of Registered Interior Design
3Professionals to be composed of persons designated from time
4to time by the Director, as follows:
5 (a) For the first year, 5 persons, 4 of whom have been
6 interior designers for a period of 5 years or more who
7 would qualify upon application to the Department under
8 this Act to be registered interior designers, and one
9 public member. After the initial appointments, each
10 interior design member shall hold a valid registration as
11 a registered interior designer. The Board shall annually
12 elect a chairman.
13 (b) Terms for all members shall be 3 years. For
14 initial appointments, one member shall be appointed to
15 serve for one year, 2 shall be appointed to serve for 2
16 years, and the remaining shall be appointed to serve for 3
17 years and until their successors are appointed and
18 qualified. Initial terms shall begin on the effective date
19 of this Act. Partial terms over 2 years in length shall be
20 considered as full terms. A member may be reappointed for
21 a successive term, but no member shall serve more than 2
22 full terms.
23 (c) The membership of the Board should reasonably
24 reflect representation from the various geographic areas
25 of the State.
26 (d) In making appointments to the Board, the Director

HB0806 Enrolled- 167 -LRB102 02614 SPS 12617 b
1 shall give due consideration to recommendations by
2 national and state organizations of the interior design
3 profession and shall promptly give due notice to such
4 organizations of any vacancy in the membership of the
5 Board. The Director may terminate the appointment of any
6 member for any cause, which in the opinion of the
7 Director, reasonably justifies such termination.
8 (e) Three members shall constitute a quorum. A quorum
9 is required for all Board decisions.
10 (f) The members of the Board shall each receive as
11 compensation a reasonable sum as determined by the
12 Director for each day actually engaged in the duties of
13 the office, and all legitimate and necessary expenses
14 incurred in attending the meeting of the Board.
15 (g) Members of the Board shall be immune from suit in
16 any action based upon any disciplinary proceedings or
17 other activities performed in good faith as members of the
18 Board.
19(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
20 (225 ILCS 310/7) (from Ch. 111, par. 8207)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 7. Board recommendations. The Secretary Director
23shall consider the recommendations of the Board in
24establishing guidelines for professional conduct, for the
25conduct of formal disciplinary proceedings brought under this

HB0806 Enrolled- 168 -LRB102 02614 SPS 12617 b
1Act, and for establishing guidelines for qualifications of
2applicants. Notice of proposed rulemaking may shall be
3transmitted to the Board and the Department shall review the
4response of the Board and any recommendations made in their
5response. The Department, at any time, may seek the expert
6advice and knowledge of the Board on any matter relating to the
7administration or enforcement of this Act.
8(Source: P.A. 86-1404.)
9 (225 ILCS 310/11) (from Ch. 111, par. 8211)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 11. Fees. The Department shall provide by rule for a
12schedule of fees for the administration and enforcement of
13this Act, including but not limited to original registration
14licensure, renewal, and restoration. The fees shall be
15nonrefundable.
16 All fees collected under this Act shall be deposited into
17the General Professions Dedicated Fund and shall be
18appropriated to the Department for the ordinary and contingent
19expenses of the Department in the administration of this Act.
20(Source: P.A. 91-454, eff. 1-1-00.)
21 (225 ILCS 310/14) (from Ch. 111, par. 8214)
22 (Section scheduled to be repealed on January 1, 2022)
23 Sec. 14. Investigations; Notice of hearing. Upon the
24motion of either the Department or the Board, or upon the

HB0806 Enrolled- 169 -LRB102 02614 SPS 12617 b
1verified complaint in writing of any person setting forth
2facts which, if proven, would constitute grounds for refusal,
3suspension, or revocation of registration under this Act, the
4Board shall investigate the actions of any person, hereinafter
5called the "registrant", who holds or represents that he holds
6a certificate of registration. All such motions or complaints
7shall be brought to the Board.
8 The Director shall, before suspending, revoking, placing
9on probationary status, or taking any other disciplinary
10action as the Director may deem proper with regard to any
11registration, at least 30 days prior to the date set for the
12hearing, notify the registrant in writing of any charges made
13and the time and place for a hearing on the charges before the
14Board. The Board shall also direct the registrant to file his
15written answer to the charges with the Board under oath within
1620 days after the service on him of such notice, and inform him
17that if he fails to file such answer, his certificate of
18registration may be suspended, revoked, placed on probationary
19status or other disciplinary action may be taken with regard
20thereto, as the Director may deem proper.
21 The written notice and any notice in such proceeding may
22be served by delivery personally to the registrant, by email,
23or by registered or certified mail to the address specified by
24the registrant in his last notification to the Director.
25 The Department, at its expense, shall preserve a record of
26all proceedings at the formal hearing of any case involving

HB0806 Enrolled- 170 -LRB102 02614 SPS 12617 b
1the refusal to issue or renew a registration, or discipline of
2a registrant. The notice of hearing, complaint, and all other
3documents in the nature of pleadings and written motions filed
4in the proceedings, the transcript of testimony, the report of
5the Board, and the orders of the Department shall be the record
6of such proceedings.
7(Source: P.A. 86-1404.)
8 (225 ILCS 310/20) (from Ch. 111, par. 8220)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 20. Restoration. At any time after suspension,
11revocation, placement on probationary status, or the taking of
12any other disciplinary action with regard to any registration,
13the Department may restore the certificate of registration, or
14take any other action to reinstate the registration to good
15standing, without further examination, upon the written
16recommendation of the Board.
17(Source: P.A. 86-1404.)
18 (225 ILCS 310/23) (from Ch. 111, par. 8223)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 23. Confidentiality. Confidential information;
21Disclosure. All information collected by the Department in the
22course of an examination or investigation of a registrant or
23applicant, including, but not limited to, any complaint
24against a registrant filed with the Department and information

HB0806 Enrolled- 171 -LRB102 02614 SPS 12617 b
1collected to investigate any such complaint, shall be
2maintained for the confidential use of the Department and may
3not be disclosed. The Department may not disclose the
4information to anyone other than law enforcement officials,
5other regulatory agencies that have an appropriate regulatory
6interest as determined by the Secretary, or a party presenting
7a lawful subpoena to the Department. Information and documents
8disclosed to a federal, State, county, or local law
9enforcement agency may not be disclosed by the agency for any
10purpose to any other agency or person. A formal complaint
11filed by the Department against a registrant or applicant is a
12public record, except as otherwise prohibited by law. In
13hearings conducted under this Act, information presented into
14evidence that was acquired by an interior designer in serving
15any individual in a professional capacity, and necessary to
16professionally serve such individual, shall be deemed strictly
17confidential and shall only be made available either as part
18of the record of a hearing hereunder or otherwise:
19 (a) when the record is required, in its entirety, for
20purposes of judicial review;
21 (b) upon the express written consent of the individual
22served, or in the case of his or her death or disability, the
23consent of his or her personal representative.
24(Source: P.A. 86-1404.)
25 (225 ILCS 310/29) (from Ch. 111, par. 8229)

HB0806 Enrolled- 172 -LRB102 02614 SPS 12617 b
1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 29. Illinois Administrative Procedure Act. The
3Illinois Administrative Procedure Act is hereby expressly
4adopted and incorporated herein as if all of the provisions of
5that Act were included in this Act, except that the provision
6of subsection (d) of Section 10-65 of the Illinois
7Administrative Procedure Act that provides that at hearings
8the registrant has the right to show compliance with all
9lawful requirements for retention, continuation, or renewal of
10the registration is specifically excluded. For the purposes of
11this Act, the notice required under Section 10-25 of the
12Illinois Administrative Procedure Act is deemed sufficient
13when mailed or emailed to the last known address of a party.
14(Source: P.A. 91-357, eff. 7-29-99.)
15 (225 ILCS 310/30) (from Ch. 111, par. 8230)
16 (Section scheduled to be repealed on January 1, 2022)
17 Sec. 30. Fund; appropriations; investments; audits
18Interior Design Administration and Investigation Fund. All of
19the fees collected pursuant to this Act shall be deposited
20into the General Professions Dedicated Fund.
21 On January 1, 2000 the State Comptroller shall transfer
22the balance of the monies in the Interior Design
23Administration and Investigation Fund into the General
24Professions Dedicated Fund. Amounts appropriated for fiscal
25year 2000 out of the Interior Design Administration and

HB0806 Enrolled- 173 -LRB102 02614 SPS 12617 b
1Investigation Fund may be paid out of the General Professions
2Dedicated Fund.
3 The moneys monies deposited in the General Professions
4Dedicated Fund may be used for the expenses of the Department
5in the administration of this Act.
6 Moneys from the Fund may also be used for direct and
7allocable indirect costs related to the public purposes of the
8Department of Professional Regulation. Moneys in the Fund may
9be transferred to the Professions Indirect Cost Fund as
10authorized by Section 2105-300 of the Department of
11Professional Regulation Law (20 ILCS 2105/2105-300).
12 Upon the completion of any audit of the Department as
13prescribed by the Illinois State Auditing Act that includes an
14audit of the General Professions Dedicated Fund Interior
15Design Administration and Investigation Fund, the Department
16shall make the audit open to inspection by any interested
17person. The copy of the audit report required to be submitted
18to the Department by this Section is in addition to copies of
19audit reports required to be submitted to other State officers
20and agencies by Section 3-14 of the Illinois State Auditing
21Act.
22(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
23eff. 6-28-01.)
24 Section 40. The Cemetery Oversight Act is amended by
25changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,

HB0806 Enrolled- 174 -LRB102 02614 SPS 12617 b
110-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
225-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
3and by adding Sections 5-16, 5-26, and 25-26 as follows:
4 (225 ILCS 411/5-15)
5 (Section scheduled to be repealed on January 1, 2022)
6 Sec. 5-15. Definitions. In this Act:
7 "Address of record" means the designated address recorded
8by the Department in the applicant's or licensee's application
9file or license file. It is the duty of the applicant or
10licensee to inform the Department of any change of address
11within 14 days either through the Department's website or by
12contacting the Department's licensure maintenance unit. The
13address of record for a cemetery authority shall be the
14permanent street address of the cemetery.
15 "Applicant" means a person applying for licensure under
16this Act as a cemetery authority, cemetery manager, or
17customer service employee. Any applicant or any person who
18holds himself or herself out as an applicant is considered a
19licensee for purposes of enforcement, investigation, hearings,
20and the Illinois Administrative Procedure Act.
21 "Burial permit" means a permit provided by a licensed
22funeral director for the disposition of a dead human body.
23 "Care" means the maintenance of a cemetery and of the
24lots, graves, crypts, niches, family mausoleums, memorials,
25and markers therein, including: (i) the cutting and trimming

HB0806 Enrolled- 175 -LRB102 02614 SPS 12617 b
1of lawn, shrubs, and trees at reasonable intervals; (ii)
2keeping in repair the drains, water lines, roads, buildings,
3fences, and other structures, in keeping with a
4well-maintained cemetery as provided for in Section 20-5 of
5this Act and otherwise as required by rule; (iii) maintenance
6of machinery, tools, and equipment for such care; (iv)
7compensation of cemetery workers, any discretionary payment of
8insurance premiums, and any reasonable payments for workers'
9pension and other benefits plans; and (v) the payment of
10expenses necessary for such purposes and for maintaining
11necessary records of lot ownership, transfers, and burials.
12 "Cemetery" means any land or structure in this State
13dedicated to and used, or intended to be used, for the
14interment, inurnment, or entombment of human remains.
15 "Cemetery authority" means any individual or legal entity
16that owns or controls cemetery lands or property.
17 "Cemetery manager" means an individual directly
18responsible or holding himself or herself directly responsible
19for the operation, maintenance, development, or improvement of
20a cemetery that is or shall be licensed under this Act or shall
21be licensed pursuant to Section 10-39 of this Act,
22irrespective of whether the individual is paid by the licensed
23cemetery authority or a third party. This definition does not
24include a volunteer who receives no compensation, either
25directly or indirectly, for his or her work as a cemetery
26manager.

HB0806 Enrolled- 176 -LRB102 02614 SPS 12617 b
1 "Cemetery merchandise" means items of personal property
2normally sold by a cemetery authority not covered under the
3Illinois Funeral or Burial Funds Act, including, but not
4limited to: (1) memorials, (2) markers, (3) monuments, (4)
5foundations and installations, and (5) outer burial
6containers.
7 "Cemetery operation" means to engage in any or all of the
8following, whether on behalf of, or in the absence of, a
9cemetery authority: (i) the interment, entombment, or
10inurnment of human remains, (ii) the sale of interment,
11entombment, or inurnment rights, cemetery merchandise, or
12cemetery services, (iii) the maintenance of interment rights
13ownership records, (iv) the maintenance of or reporting of
14interment, entombment, or inurnment records, (v) the
15maintenance of cemetery property, (vi) the development or
16improvement of cemetery grounds, or (vii) the maintenance and
17execution of business documents, including State and federal
18government reporting and the payment of taxes, for a cemetery
19business entity.
20 "Cemetery Oversight Database" means a database certified
21by the Department as effective in tracking the interment,
22entombment, or inurnment of human remains.
23 "Cemetery services" means those services customarily
24performed by cemetery personnel in connection with the
25interment, entombment, or inurnment of a dead human body.
26 "Certificate of organization" means the document received

HB0806 Enrolled- 177 -LRB102 02614 SPS 12617 b
1by a cemetery association from the Secretary of State that
2indicates that the cemetery association shall be deemed fully
3organized as a body corporate under the name adopted and in its
4corporate name may sue and be sued.
5 "Comptroller" means the Comptroller of the State of
6Illinois.
7 "Confidential information" means unique identifiers,
8including a person's Social Security number, home address,
9home phone number, personal phone number, personal email
10address, personal financial information, and any other
11information protected by law.
12 "Consumer" means an individual who purchases or who is
13considering purchasing cemetery, burial, or cremation products
14or services from a cemetery authority, whether for themselves
15or for another person.
16 "Customer service employee" means an individual who has
17direct contact with consumers to explain cemetery merchandise,
18services, and interment rights and to execute the sale of
19those items to consumers, whether at the cemetery or an
20off-site location, irrespective of whether compensation is
21paid by the cemetery authority or a third party. This
22definition does not include a volunteer who receives no
23compensation, either directly or indirectly, for his or her
24work as a customer service employee.
25 "Department" means the Department of Financial and
26Professional Regulation.

HB0806 Enrolled- 178 -LRB102 02614 SPS 12617 b
1 "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the licensee's license file as maintained
4by the Department's licensure maintenance unit.
5 "Employee" means an individual who works for a cemetery
6authority where the cemetery authority has the right to
7control what work is performed and the details of how the work
8is performed regardless of whether federal or State payroll
9taxes are withheld.
10 "Entombment right" means the right to place individual
11human remains or individual cremated human remains in a
12specific mausoleum crypt or lawn crypt selected by a consumer
13for use as a final resting place.
14 "Family burying ground" means a cemetery in which no lots,
15crypts, or niches are sold to the public and in which
16interments, inurnments, and entombments are restricted to the
17immediate family or a group of individuals related to each
18other by blood or marriage.
19 "Full exemption" means an exemption granted to a cemetery
20authority pursuant to subsection (a) of Section 5-20.
21 "Funeral director" means a funeral director as defined by
22the Funeral Directors and Embalmers Licensing Code.
23 "Grave" means a space of ground in a cemetery used or
24intended to be used for burial.
25 "Green burial or cremation disposition" means burial or
26cremation practices that reduce the greenhouse gas emissions,

HB0806 Enrolled- 179 -LRB102 02614 SPS 12617 b
1waste, and toxic chemicals ordinarily created in burial or
2cremation or, in the case of greenhouse gas emissions,
3mitigate or offset emissions. Such practices include any
4standards or method for burial or cremation that the
5Department may name by rule.
6 "Immediate family" means the designated agent of a person
7or the persons given priority for the disposition of a
8person's remains under the Disposition of Remains Act and
9shall include a person's spouse, parents, grandparents,
10children, grandchildren and siblings.
11 "Individual" means a natural person.
12 "Interment right" means the right to place individual
13human remains or cremated human remains in a specific
14underground location selected by a consumer for use as a final
15resting place.
16 "Inurnment right" means the right to place individual
17cremated human remains in a specific niche selected by the
18consumer for use as a final resting place.
19 "Lawn crypt" means a permanent underground crypt installed
20in multiple units for the entombment of human remains.
21 "Licensee" means a person licensed under this Act as a
22cemetery authority, cemetery manager, or customer service
23employee. Anyone who holds himself or herself out as a
24licensee or who is accused of unlicensed practice is
25considered a licensee for purposes of enforcement,
26investigation, hearings, and the Illinois Administrative

HB0806 Enrolled- 180 -LRB102 02614 SPS 12617 b
1Procedure Act.
2 "Mausoleum crypt" means a grouping of spaces constructed
3of reinforced concrete or similar material constructed or
4assembled above the ground for entombing remains.
5 "Niche" means a space in a columbarium or mausoleum used,
6or intended to be used, for inurnment of cremated human
7remains.
8 "Partial exemption" means an exemption granted to a
9cemetery authority pursuant to subsection (b) of Section 5-20.
10 "Parcel identification number" means a unique number
11assigned by the Cemetery Oversight Database to a grave, plot,
12crypt, or niche that enables the Department to ascertain the
13precise location of a decedent's remains interred, entombed,
14or inurned after the effective date of this Act.
15 "Person" means any individual, firm, partnership,
16association, corporation, limited liability company, trustee,
17government or political subdivision, or other entity.
18 "Public cemetery" means a cemetery owned, operated,
19controlled, or managed by the federal government, by any
20state, county, city, village, incorporated town, township,
21multi-township, public cemetery district, or other municipal
22corporation, political subdivision, or instrumentality thereof
23authorized by law to own, operate, or manage a cemetery.
24 "Religious burying ground" means a cemetery in which no
25lots, crypts, or niches are sold and in which interments,
26inurnments, and entombments are restricted to a group of

HB0806 Enrolled- 181 -LRB102 02614 SPS 12617 b
1individuals all belonging to a religious order or granted
2burial rights by special consideration of the religious order.
3 "Religious cemetery" means a cemetery owned, operated,
4controlled, and managed by any recognized church, religious
5society, association, or denomination, or by any cemetery
6authority or any corporation administering, or through which
7is administered, the temporalities of any recognized church,
8religious society, association, or denomination.
9 "Secretary" means the Secretary of Financial and
10Professional Regulation or a person authorized by the
11Secretary to act in the Secretary's stead.
12 "Term burial" means a right of interment sold to a
13consumer in which the cemetery authority retains the right to
14disinter and relocate the remains, subject to the provisions
15of subsection (d) of Section 35-15 of this Act.
16 "Trustee" means any person authorized to hold funds under
17this Act.
18 "Unique personal identifier" means the parcel
19identification number in addition to the term of burial in
20years; the numbered level or depth in the grave, plot, crypt,
21or niche; and the year of death for human remains interred,
22entombed, or inurned after the effective date of this Act. The
23unique personal identifier is assigned by the Cemetery
24Oversight Database.
25(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

HB0806 Enrolled- 182 -LRB102 02614 SPS 12617 b
1 (225 ILCS 411/5-16 new)
2 Sec. 5-16. Address of record; email address of record. All
3applicants and licensees shall:
4 (1) provide a valid address and email address to the
5 Department, which shall serve as the address of record and
6 email address of record, respectively, at the time of
7 application for licensure or renewal of a license; and
8 (2) inform the Department of any change of address of
9 record or email address of record within 14 days after
10 such change either through the Department's website or by
11 contacting the Department's licensure maintenance unit.
12 (225 ILCS 411/5-20)
13 (Section scheduled to be repealed on January 1, 2022)
14 Sec. 5-20. Exemptions.
15 (a) Full exemption. Except as provided in this subsection,
16this Act does not apply to (1) any cemetery authority
17operating as a family burying ground or religious burying
18ground, (2) any cemetery authority that has not engaged in an
19interment, inurnment, or entombment of human remains within
20the last 10 years, or (3) any cemetery authority that is less
21than 3 acres. For purposes of determining the applicability of
22this subsection, the number of interments, inurnments, and
23entombments shall be aggregated for each calendar year. A
24cemetery authority claiming a full exemption shall apply for
25exempt status as provided for in Section 10-20 of this Act. A

HB0806 Enrolled- 183 -LRB102 02614 SPS 12617 b
1cemetery authority claiming a full exemption shall be subject
2to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
3authority that performs activities that would disqualify it
4from a full exemption is required to apply for licensure
5within one year following the date on which its activities
6would disqualify it for a full exemption. A cemetery authority
7that previously qualified for and maintained a full exemption
8that fails to timely apply for licensure shall be deemed to
9have engaged in unlicensed practice and shall be subject to
10discipline in accordance with Article 25 of this Act.
11 (b) Partial exemption. If a cemetery authority does not
12qualify for a full exemption and (1) engages in 25 or fewer
13interments, inurnments, or entombments of human remains for
14each of the preceding 2 calendar years, (2) operates as a
15public cemetery, or (3) operates as a religious cemetery, then
16the cemetery authority is partially exempt from this Act but
17shall be required to comply with Sections 10-23, 10-40, 10-55,
1810-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
19(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
2020-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
21Cemetery authorities claiming a partial exemption shall apply
22for the partial exemption as provided in Section 10-20 of this
23Act. A cemetery authority that changes to a status that would
24disqualify it from a partial exemption is required to apply
25for licensure within one year following the date on which it
26changes its status. A cemetery authority that maintains a

HB0806 Enrolled- 184 -LRB102 02614 SPS 12617 b
1partial exemption that fails to timely apply for licensure
2shall be deemed to have engaged in unlicensed practice and
3shall be subject to discipline in accordance with Article 25
4of this Act.
5 (c) Nothing in this Act applies to the City of Chicago in
6its exercise of its powers under the O'Hare Modernization Act
7or limits the authority of the City of Chicago to acquire
8property or otherwise exercise its powers under the O'Hare
9Modernization Act, or requires the City of Chicago, or any
10person acting on behalf of the City of Chicago, to comply with
11the licensing, regulation, or investigation, or mediation
12requirements of this Act in exercising its powers under the
13O'Hare Modernization Act.
14 (d) A cemetery manager and customer service employee
15license may be in active status only during the period that
16such a licensee is employed by a cemetery authority that is
17licensed under this Act. In the event that a cemetery manager
18or customer service employee commences work for a cemetery
19granted an exemption under this Section, it shall be a duty of
20both the cemetery authority and the individual licensee to
21immediately notify the Department so that the license may be
22placed on inactive status. During the period that a license is
23in inactive status, the involved person may not hold himself
24or herself out as licensed. Upon returning to employment by a
25cemetery licensed under this Act, such a cemetery manager or
26customer service employee may reinstate the license to active

HB0806 Enrolled- 185 -LRB102 02614 SPS 12617 b
1status simply by notifying the Department and paying the
2applicable fee.
3(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
4 (225 ILCS 411/5-25)
5 (Section scheduled to be repealed on January 1, 2022)
6 Sec. 5-25. Powers and duties of the Department. The
7Department shall, subject Subject to the provisions of this
8Act, the Department may exercise the following functions,
9powers, and duties:
10 (1) Authorize certification programs to ascertain the
11 qualifications and fitness of applicants for licensing as
12 a licensed cemetery manager or as a customer service
13 employee to ascertain whether they possess the requisite
14 level of knowledge for such position.
15 (2) Examine a licensed cemetery authority's records
16 from any year or any other aspects of cemetery operation
17 as the Department deems appropriate.
18 (3) Investigate any and all cemetery operations.
19 (4) Conduct hearings on proceedings to refuse to
20 issue, or renew, or restore licenses or to revoke,
21 suspend, place on probation, or reprimand, or otherwise
22 discipline a licensee license under this Act or take other
23 non-disciplinary action.
24 (5) Adopt reasonable rules required for the
25 administration of this Act.

HB0806 Enrolled- 186 -LRB102 02614 SPS 12617 b
1 (6) Prescribe forms to be issued for the
2 administration and enforcement of this Act.
3 (7) (Blank). Maintain rosters of the names and
4 addresses of all licensees and all persons whose licenses
5 have been suspended, revoked, denied renewal, or otherwise
6 disciplined within the previous calendar year. These
7 rosters shall be available upon written request and
8 payment of the required fee as established by rule.
9 (8) Work with the Office of the Comptroller and the
10 Department of Public Health, Division of Vital Records to
11 exchange information and request additional information
12 relating to a licensed cemetery authority.
13 (9) Investigate cemetery contracts, grounds, or
14 employee records.
15 (10) Issue licenses to those who meet the requirements
16 of this Act.
17 (11) Conduct investigations related to possible
18 violations of this Act.
19 If the Department exercises its authority to conduct
20investigations under this Section, the Department shall
21provide the cemetery authority with information sufficient to
22challenge the allegation. If the complainant consents, then
23the Department shall provide the cemetery authority with the
24identity of and contact information for the complainant so as
25to allow the cemetery authority and the complainant to resolve
26the complaint directly. Except as otherwise provided in this

HB0806 Enrolled- 187 -LRB102 02614 SPS 12617 b
1Act, any complaint received by the Department and any
2information collected to investigate the complaint shall be
3maintained by the Department for the confidential use of the
4Department and shall not be disclosed. The Department may not
5disclose the information to anyone other than law enforcement
6officials or other regulatory agencies or persons that have an
7appropriate regulatory interest, as determined by the
8Secretary, or to a party presenting a lawful subpoena to the
9Department. Information and documents disclosed to a federal,
10state, county, or local law enforcement agency shall not be
11disclosed by the agency for any purpose to any other agency or
12person. A formal complaint filed against a licensee by the
13Department or any order issued by the Department against a
14licensee or applicant shall be a public record, except as
15otherwise prohibited by law.
16(Source: P.A. 99-78, eff. 7-20-15.)
17 (225 ILCS 411/5-26 new)
18 Sec. 5-26. Confidentiality. All information collected by
19the Department in the course of an examination or
20investigation of a licensee or applicant, including, but not
21limited to, any complaint against a licensee filed with the
22Department and information collected to investigate any such
23complaint, shall be maintained for the confidential use of the
24Department and shall not be disclosed. The Department may not
25disclose the information to anyone other than law enforcement

HB0806 Enrolled- 188 -LRB102 02614 SPS 12617 b
1officials, other regulatory agencies that have an appropriate
2regulatory interest as determined by the Secretary, or a party
3presenting a lawful subpoena to the Department. Information
4and documents disclosed to a federal, State, county, or local
5law enforcement agency shall not be disclosed by the agency
6for any purpose to any other agency or person. A formal
7complaint filed against a licensee by the Department or any
8order issued by the Department against a licensee or applicant
9shall be a public record, except as otherwise prohibited by
10law.
11 (225 ILCS 411/10-20)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 10-20. Application for original license or exemption.
14 (a) Applications for original licensure as a cemetery
15authority, cemetery manager, or customer service employee
16authorized by this Act, or application for exemption from
17licensure as a cemetery authority, shall be made to the
18Department in writing on forms or electronically as prescribed
19by the Department, which shall include the applicant's Social
20Security number or FEIN number, or both, and shall be
21accompanied by the required fee that shall not be refundable.
22as set by Section 10-55 of this Act and further refined by
23rule. Applications for partial or full exemption from
24licensure as a cemetery authority shall be submitted to the
25Department within 6 months after the Department adopts rules

HB0806 Enrolled- 189 -LRB102 02614 SPS 12617 b
1under this Act. If the person fails to submit the application
2for partial or full exemption within this period, the person
3shall be subject to discipline in accordance with Article 25
4of this Act. The process for renewing a full or partial
5exemption shall be set by rule. If a cemetery authority seeks
6to practice at more than one location, it shall meet all
7licensure requirements at each location as required by this
8Act and by rule, including submission of an application and
9fee. All applications shall contain information that, in the
10judgment of the Department, will enable the Department to pass
11on the qualifications of the applicant for a license under
12this Act.
13 (b) (Blank).
14 (c) After initial licensure, if any person comes to obtain
15at least 51% of the ownership over the licensed cemetery
16authority, then the cemetery authority shall have to apply for
17a new license and receive licensure in the required time as set
18by rule. The current license remains in effect until the
19Department takes action on the application for a new license.
20 (d) (Blank). All applications shall contain the
21information that, in the judgment of the Department, will
22enable the Department to pass on the qualifications of the
23applicant for an exemption from licensure or for a license to
24practice as a cemetery authority, cemetery manager, or
25customer service employee as set by rule.
26(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)

HB0806 Enrolled- 190 -LRB102 02614 SPS 12617 b
1 (225 ILCS 411/10-21)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 10-21. Qualifications for licensure.
4 (a) A cemetery authority shall apply for licensure on
5forms prescribed by the Department and pay the required fee.
6An applicant is qualified for licensure as a cemetery
7authority if the applicant meets all of the following
8qualifications:
9 (1) The applicant has not committed any act or offense
10 in any jurisdiction that would constitute the basis for
11 discipline under this Act. When considering such license,
12 the Department shall take into consideration the
13 following:
14 (A) the applicant's record of compliance with the
15 Code of Professional Conduct and Ethics, and whether
16 the applicant has been found to have engaged in any
17 unethical or dishonest practices in the cemetery
18 business;
19 (B) whether the applicant has been adjudicated,
20 civilly or criminally, to have committed fraud or to
21 have violated any law of any state involving unfair
22 trade or business practices, has been convicted of a
23 misdemeanor of which fraud is an essential element or
24 which involves any aspect of the cemetery business, or
25 has been convicted of any felony;

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1 (C) whether the applicant has willfully violated
2 any provision of this Act or a predecessor law or any
3 regulations relating thereto;
4 (D) whether the applicant has been permanently or
5 temporarily suspended, enjoined, or barred by any
6 court of competent jurisdiction in any state from
7 engaging in or continuing any conduct or practice
8 involving any aspect of the cemetery or funeral
9 business; and
10 (E) whether the applicant has ever had any license
11 to practice any profession or occupation suspended,
12 denied, fined, or otherwise acted against or
13 disciplined by the applicable licensing authority.
14 If the applicant is a corporation, limited liability
15 company, partnership, or other entity permitted by law,
16 then the Department shall determine whether each
17 principal, owner, member, officer, and shareholder holding
18 25% or more of corporate stock has met the requirements of
19 this item (1) of subsection (a) of this Section.
20 (2) The applicant must provide a statement of its
21 assets and liabilities to the Department.
22 (3) The applicant has not, within the preceding 10
23 years, been convicted of or entered a plea of guilty or
24 nolo contendere to (i) a Class X felony or (ii) a felony,
25 an essential element of which was fraud or dishonesty
26 under the laws of this State, another state, the United

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1 States, or a foreign jurisdiction that is directly related
2 to the practice of cemetery operations. If the applicant
3 is a corporation, limited liability company, partnership,
4 or other entity permitted by law, then each principal,
5 owner, member, officer, and shareholder holding 25% or
6 more of corporate stock has not, within the preceding 10
7 years, been convicted of or entered a plea of guilty or
8 nolo contendere to (i) a Class X felony or (ii) a felony,
9 an essential element of which was fraud or dishonesty
10 under the laws of this State, another state, the United
11 States, or a foreign jurisdiction that is directly related
12 to the practice of cemetery operations.
13 (4) The applicant shall authorize the Department to
14 conduct a criminal background check that does not involve
15 fingerprinting.
16 (5) In the case of a person or entity applying for
17 renewal of his, her, or its license, the applicant has
18 complied with all other requirements of this Act and the
19 rules adopted for the implementation of this Act.
20 (b) The cemetery manager and customer service employees of
21a licensed cemetery authority shall apply for licensure as a
22cemetery manager or customer service employee on forms
23prescribed by the Department and pay the required fee. A
24person is qualified for licensure as a cemetery manager or
25customer service employee if he or she meets all of the
26following requirements:

HB0806 Enrolled- 193 -LRB102 02614 SPS 12617 b
1 (1) Is at least 18 years of age.
2 (2) Has acted in an ethical manner as set forth in
3 Section 10-23 of this Act. In determining qualifications
4 of licensure, the Department shall take into consideration
5 the factors outlined in item (1) of subsection (a) of this
6 Section.
7 (3) Submits proof of successful completion of a high
8 school education or its equivalent as established by rule.
9 (4) The applicant shall authorize the Department to
10 conduct a criminal background check that does not involve
11 fingerprinting.
12 (5) Has not committed a violation of this Act or any
13 rules adopted under this Act that, in the opinion of the
14 Department, renders the applicant unqualified to be a
15 cemetery manager.
16 (6) Submits proof of successful completion of a
17 certification course recognized by the Department for a
18 cemetery manager or customer service employee, whichever
19 the case may be.
20 (7) Has not, within the preceding 10 years, been
21 convicted of or entered a plea of guilty or nolo
22 contendere to (i) a Class X felony or (ii) a felony, an
23 essential element of which was fraud or dishonesty under
24 the laws of this State, another state, the United States,
25 or a foreign jurisdiction that is directly related to the
26 practice of cemetery operations.

HB0806 Enrolled- 194 -LRB102 02614 SPS 12617 b
1 (8) (Blank).
2 (9) In the case of a person applying for renewal of his
3 or her license, has complied with all other requirements
4 of this Act and the rules adopted for implementation of
5 this Act.
6 (c) Each applicant for a cemetery authority, cemetery
7manager, or customer service employee license shall authorize
8the Department to conduct a criminal background check that
9does not involve fingerprinting. The Department must, in turn,
10conduct the criminal background check on each applicant. The
11Department shall adopt rules to implement this subsection (c),
12but in no event shall the Department impose a fee upon the
13applicant for the background check.
14(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
15 (225 ILCS 411/10-25)
16 (Section scheduled to be repealed on January 1, 2022)
17 Sec. 10-25. Certification.
18 (a) The Department shall authorize certification programs
19for cemetery manager and customer service employee applicants.
20The certification programs must consist of education and
21training in cemetery ethics, cemetery law, and cemetery
22practices. Cemetery ethics shall include, without limitation,
23the Code of Professional Conduct and Ethics as set forth in
24Section 10-23 of this Act. Cemetery law shall include, without
25limitation, the Cemetery Oversight Act, the Cemetery Care Act,

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1the Disposition of Remains Act, and the Cemetery Protection
2Act. Cemetery practices shall include, without limitation,
3treating the dead and their family members with dignity and
4respect. The certification program shall include an
5examination administered by the entity providing the
6certification.
7 (a-5) An entity seeking to offer a certification program
8to cemetery manager applicants and customer service employee
9applicants must receive approval of its program from the
10Department in a manner and form prescribed by the Department
11by rule. As part of this process, the entity must submit to the
12Department the examination it offers or intends to offer as
13part of its certification program.
14 (a-10) A cemetery manager applicant or customer service
15employee applicant may choose any entity that has been
16approved by the Department from which to obtain certification.
17 (b) Cemetery manager applicants and customer service
18employee applicants shall pay the fee for the certification
19program directly to the entity offering the program.
20 (c) If the cemetery manager applicant or customer service
21employee applicant neglects, fails, or refuses to become
22certified within one year after filing an application, then
23the application shall be denied. However, the applicant may
24thereafter submit a new application accompanied by the
25required fee. The applicant shall meet the requirements in
26force at the time of making the new application.

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1 (d) A cemetery manager applicant or customer service
2employee applicant who has completed a certification program
3offered by an entity that has not received the Department's
4approval as required by this Section has not met the
5qualifications for licensure as set forth in Section 10-21 of
6this Act.
7 (e) The Department may approve shall recognize any
8certification program that is conducted by a death care trade
9association in Illinois that has been in existence for more
10than 5 years that, in the determination of the Department,
11provides adequate education and training in cemetery law,
12cemetery ethics, and cemetery practices and administers an
13examination covering the same.
14 (f) The Department may, without a hearing, summarily
15withdraw its approval of a certification program that, in the
16judgment of the Department, fails to meet the requirements of
17this Act or the rules adopted under this Act. A certification
18program that has had its approval withdrawn by the Department
19may reapply for approval, but shall provide such additional
20information as may be required by the Department, including,
21but not limited to, evidence to the Department's satisfaction
22that the program is in compliance with this Act and the rules
23adopted under this Act.
24(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
25 (225 ILCS 411/10-40)

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1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 10-40. Renewal, reinstatement, or restoration of
3license Expiration and renewal of license.
4 (a) The expiration date and renewal period for each
5license issued under this Act shall be set by rule. The holder
6of a license may renew such license during the month preceding
7the expiration date thereof by paying the required fee.
8 (b) A licensee under this Act who has permitted his or her
9license to expire or has had his or her license placed on
10inactive status may have his or her license restored by making
11application to the Department and filing proof acceptable to
12the Department of his or her fitness of having his or her
13license restored, including, but not limited to, sworn
14evidence certifying to active practice in another jurisdiction
15satisfactory to the Department, and by paying the required fee
16as determined by rule. Every cemetery authority, cemetery
17manager, and customer service employee license shall expire
18every 2 years. Every registration as a fully exempt cemetery
19authority or partially exempt cemetery authority shall expire
20every 4 years. The expiration date, renewal period, and other
21requirements for each license and registration shall be
22further refined by rule.
23(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
24 (225 ILCS 411/10-55)
25 (Section scheduled to be repealed on January 1, 2022)

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1 Sec. 10-55. Fees.
2 (a) Except as provided in this Section, the fees for the
3administration and enforcement of this Act shall be set by the
4Department by rule. The fees shall be reasonable and shall not
5be refundable.
6 (b) Cemetery manager applicants and customer service
7employee applicants shall pay any certification program or
8continuing education program fee directly to the entity
9offering the program.
10 (c) The Department may waive fees based upon hardship.
11 (d) Nothing shall prohibit a cemetery authority from
12paying, on behalf of its cemetery managers or customer service
13employees, their application, renewal, or restoration fees.
14 (e) All fees and other moneys collected under this Act
15shall be deposited in the Cemetery Oversight Licensing and
16Disciplinary Fund.
17 (f) The fee for application as a cemetery authority
18seeking a full exemption is $0.
19 (g) The fee to renew registration as a fully exempt
20cemetery authority is $0. As provided in Section 10-40 of this
21Act and as further refined by rule, each registration as a
22fully exempt cemetery authority shall expire every 4 years.
23 (h) The fee for application as a cemetery authority
24seeking a partial exemption is $150.
25 (i) The fee to renew registration as a partially exempt
26cemetery authority is $150. As provided in Section 10-40 of

HB0806 Enrolled- 199 -LRB102 02614 SPS 12617 b
1this Act and as further refined by rule, each registration as a
2partially exempt cemetery authority shall expire every 4
3years.
4 (j) The fee for original licensure, renewal, and
5restoration as a cemetery authority not seeking a full or
6partial exemption is $75. As provided in Section 10-40 of this
7Act and as further refined by rule, each cemetery authority
8license shall expire every 2 years.
9 (k) The fee for original licensure, renewal, and
10restoration as a cemetery manager is $25. As provided in
11Section 10-40 of this Act and as further refined by rule, each
12cemetery manager license shall expire every 2 years.
13 (l) The fee for original licensure, renewal, and
14restoration as a customer service employee is $25. As provided
15in Section 10-40 of this Act and as further refined by rule,
16each customer service employee license shall expire every 2
17years.
18(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
19 (225 ILCS 411/20-10)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 20-10. Contract. At the time cemetery arrangements
22are made and prior to rendering the cemetery services, a
23cemetery authority shall create a completed written contract
24to be provided to the consumer, signed by both parties by their
25actual written signatures on either paper or electronic form,

HB0806 Enrolled- 200 -LRB102 02614 SPS 12617 b
1that shall contain: (i) the date on which the arrangements
2were made; (ii) the price of the service selected and the
3services and merchandise included for that price; (iii) the
4supplemental items of service and merchandise requested and
5the price of each item; (iv) the terms or method of payment
6agreed upon; and (v) a statement as to any monetary advances
7made on behalf of the family. The cemetery authority shall
8maintain a copy of such written contract in its permanent
9records.
10(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
11 (225 ILCS 411/25-3)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 25-3. Exemption, investigation, mediation. All
14cemetery authorities maintaining a partial exemption must
15submit to the following investigation and mediation procedure
16by the Department in the event of a consumer complaint:
17 (a) Complaints to cemetery:
18 (1) the cemetery authority shall make every effort
19 to first resolve a consumer complaint; and
20 (2) if the complaint is not resolved, then the
21 cemetery authority shall advise the consumer of his or
22 her right to file a complaint with seek investigation
23 and mediation by the Department.
24 (b) Complaints to the Department:
25 (1) if the Department receives a complaint, the

HB0806 Enrolled- 201 -LRB102 02614 SPS 12617 b
1 Department shall make an initial determination as to
2 whether the complaint has a reasonable basis and
3 pertains to this Act;
4 (2) if the Department determines that the
5 complaint has a reasonable basis and pertains to this
6 Act, it shall inform the cemetery authority of the
7 complaint and give it 30 days to tender a response;
8 (3) upon receiving the cemetery authority's
9 response, or after the 30 days provided in subsection
10 (2) of this subsection, whichever comes first, the
11 Department shall attempt to resolve the complaint
12 telephonically with the parties involved;
13 (4) if the complaint still is not resolved, then
14 the Department shall conduct an investigation and
15 mediate the complaint as provided for by rule;
16 (5) if the Department conducts an on-site
17 investigation and face-to-face mediation with the
18 parties, then it may charge the cemetery authority a
19 single investigation and mediation fee, which fee
20 shall be set by rule and shall be calculated on an
21 hourly basis; and
22 (6) if all attempts to resolve the consumer
23 complaint as provided for in paragraphs (1) through
24 (5) fail, then the cemetery authority may be subject
25 to proceedings for penalties and discipline under this
26 Article when it is determined by the Department that

HB0806 Enrolled- 202 -LRB102 02614 SPS 12617 b
1 the cemetery authority may have engaged in any of the
2 following: (i) gross malpractice; (ii) dishonorable,
3 unethical, or unprofessional conduct of a character
4 likely to deceive, defraud, or harm the public; (iii)
5 gross, willful, or continued overcharging for
6 services; (iv) incompetence; (v) unjustified failure
7 to honor its contracts; or (vi) failure to adequately
8 maintain its premises. The Department may issue a
9 citation or institute disciplinary action and cause
10 the matter to be prosecuted and may thereafter issue
11 and enforce its final order as provided in this Act.
12(Source: P.A. 96-863, eff. 3-1-10.)
13 (225 ILCS 411/25-5)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 25-5. Citations.
16 (a) The Department may adopt rules to permit the issuance
17of citations for non-frivolous complaints. The citation shall
18be issued to the licensee and shall contain the licensee's
19name and address, the licensee's license number, a brief
20factual statement, the Sections of the law allegedly violated,
21and the penalty imposed. The citation must clearly state that
22the licensee may choose, in lieu of accepting the citation, to
23request a hearing. If the licensee does not dispute the matter
24in the citation with the Department within 30 days after the
25citation is served, then the citation shall become a final

HB0806 Enrolled- 203 -LRB102 02614 SPS 12617 b
1order and shall constitute discipline. The penalty shall be a
2fine or other conditions as established by rule.
3 (b) The Department shall adopt rules designating
4violations for which a citation may be issued. Such rules
5shall designate as citation violations those violations for
6which there is no substantial threat to the public health,
7safety, and welfare. Citations shall not be utilized if there
8was any significant consumer harm resulting from the
9violation.
10 (c) A citation must be issued within 6 months after the
11reporting of a violation that is the basis for the citation.
12 (d) Service of a citation may be made by personal service,
13regular mail, or email or certified mail to the licensee at the
14licensee's address of record.
15(Source: P.A. 96-863, eff. 3-1-10.)
16 (225 ILCS 411/25-10)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 25-10. Grounds for disciplinary action.
19 (a) The Department may refuse to issue or renew a license
20or may revoke, suspend, place on probation, reprimand, or take
21other disciplinary or non-disciplinary action as the
22Department may deem appropriate, including imposing fines not
23to exceed $10,000 $8,000 for each violation, with regard to
24any license under this Act, for any one or combination of the
25following:

HB0806 Enrolled- 204 -LRB102 02614 SPS 12617 b
1 (1) Material misstatement in furnishing information to
2 the Department.
3 (2) Violations of this Act, except for Section 20-8,
4 or of the rules adopted under this Act.
5 (3) Conviction of or entry of a plea of guilty or nolo
6 contendere, finding of guilt, jury verdict, or entry of
7 judgment or sentencing, including, but not limited to,
8 convictions, preceding sentences of supervision,
9 conditional discharge, or first offender probation under
10 the law of any jurisdiction of the United States that is
11 (i) a Class X felony or (ii) a felony, an essential element
12 of which is fraud or dishonesty that is directly related
13 to the practice of cemetery operations. Conviction of, or
14 entry of a plea of guilty or nolo contendere to, any crime
15 within the last 10 years that is a Class X felony or higher
16 or is a felony involving fraud and dishonesty under the
17 laws of the United States or any state or territory
18 thereof.
19 (4) Fraud or any misrepresentation in applying for or
20 procuring a license under this Act or in connection with
21 applying for renewal. Making any misrepresentation for the
22 purpose of obtaining licensure or violating any provision
23 of this Act or the rules adopted under this Act.
24 (5) Incompetence or misconduct in the practice of
25 cemetery operations. Professional incompetence.
26 (6) Gross malpractice.

HB0806 Enrolled- 205 -LRB102 02614 SPS 12617 b
1 (7) Aiding or assisting another person in violating
2 any provision of this Act or rules adopted under this Act.
3 (8) Failing, within 10 business days, to provide
4 information in response to a written request made by the
5 Department.
6 (9) Engaging in dishonorable, unethical, or
7 unprofessional conduct of a character likely to deceive,
8 defraud, or harm the public.
9 (10) Habitual or excessive use or abuse of drugs
10 defined in law as controlled substances, alcohol,
11 narcotics, stimulants, or any other substances that
12 results in the inability to practice pursuant to the
13 provisions of this Act with reasonable judgment, skill, or
14 safety while acting under the provisions of this Act.
15 Inability to practice with reasonable judgment, skill, or
16 safety as a result of habitual or excessive use of
17 alcohol, narcotics, stimulants, or any other chemical
18 agent or drug.
19 (11) Discipline by another agency, state, territory,
20 foreign country, the District of Columbia, the United
21 States government territory, or any other government
22 agency foreign nation, if at least one of the grounds for
23 the discipline is the same or substantially equivalent to
24 those set forth in this Act Section.
25 (12) Directly or indirectly giving to or receiving
26 from any person, firm, corporation, partnership, or

HB0806 Enrolled- 206 -LRB102 02614 SPS 12617 b
1 association any fee, commission, rebate, or other form of
2 compensation for professional services not actually or
3 personally rendered.
4 (13) A finding by the Department that the licensee,
5 after having his or her license placed on probationary
6 status, has violated the terms of probation or failed to
7 comply with such terms.
8 (14) Willfully making or filing false records or
9 reports in his or her practice, including, but not limited
10 to, false records filed with any governmental agency or
11 department.
12 (15) Inability to practice the profession with
13 reasonable judgment, skill, or safety as a result of
14 physical illness, including, but not limited to, loss of
15 motor skill, mental illness, or disability.
16 (16) Failure to comply with an order, decision, or
17 finding of the Department made pursuant to this Act.
18 (17) Directly or indirectly receiving compensation for
19 any professional services not actually performed.
20 (18) Practicing under a false or, except as provided
21 by law, an assumed name.
22 (19) Using or attempting to use an expired, inactive,
23 suspended, or revoked license or impersonating another
24 licensee. Fraud or misrepresentation in applying for, or
25 procuring, a license under this Act or in connection with
26 applying for renewal of a license under this Act.

HB0806 Enrolled- 207 -LRB102 02614 SPS 12617 b
1 (20) A finding by the Department that an applicant or
2 licensee has failed to pay a fine imposed by the
3 Department. Cheating on or attempting to subvert the
4 licensing examination administered under this Act.
5 (21) Unjustified failure to honor its contracts.
6 (22) Negligent supervision of a cemetery manager,
7 customer service employee, employee, or independent
8 contractor.
9 (23) (Blank). A pattern of practice or other behavior
10 which demonstrates incapacity or incompetence to practice
11 under this Act.
12 (24) (Blank). Allowing an individual who is not, but
13 is required to be, licensed under this Act to perform work
14 for the cemetery authority.
15 (25) (Blank).
16 (b) No action may be taken under this Act against a person
17licensed under this Act for an occurrence or alleged
18occurrence that predates the enactment of this Act unless the
19action is commenced within 5 years after the occurrence of the
20alleged violations, except for a violation of item (3) of
21subsection (a) of this Section. If a person licensed under
22this Act violates item (3) of subsection (a) of this Section,
23then the action may commence within 10 years after the
24occurrence of the alleged violation. A continuing violation
25shall be deemed to have occurred on the date when the
26circumstances last existed that give rise to the alleged

HB0806 Enrolled- 208 -LRB102 02614 SPS 12617 b
1violation.
2 (c) In enforcing this Section, the Department, upon a
3showing of a possible violation, may order a licensee or
4applicant to submit to a mental or physical examination, or
5both, at the expense of the Department. The Department may
6order the examining physician to present testimony concerning
7his or her examination of the licensee or applicant. No
8information shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician. The
11examining physicians shall be specifically designated by the
12Department. The licensee or applicant may have, at his or her
13own expense, another physician of his or her choice present
14during all aspects of the examination. Failure of a licensee
15or applicant to submit to any such examination when directed,
16without reasonable cause, shall be grounds for either
17immediate suspending of his or her license or immediate denial
18of his or her application.
19 (1) If the Secretary immediately suspends the license
20 of a licensee for his or her failure to submit to a mental
21 or physical examination when directed, a hearing must be
22 convened by the Department within 15 days after the
23 suspension and completed without appreciable delay.
24 (2) If the Secretary otherwise suspends a license
25 pursuant to the results of the licensee's mental or
26 physical examination, a hearing must be convened by the

HB0806 Enrolled- 209 -LRB102 02614 SPS 12617 b
1 Department within 15 days after the suspension and
2 completed without appreciable delay. The Department shall
3 have the authority to review the licensee's record of
4 treatment and counseling regarding the relevant impairment
5 or impairments to the extent permitted by applicable
6 federal statutes and regulations safeguarding the
7 confidentiality of medical records.
8 (3) Any licensee suspended under this subsection shall
9 be afforded an opportunity to demonstrate to the
10 Department that he or she can resume practice in
11 compliance with the acceptable and prevailing standards
12 under the provisions of his or her license.
13 (d) The determination by a circuit court that a licensee
14is subject to involuntary admission or judicial admission, as
15provided in the Mental Health and Developmental Disabilities
16Code, operates as an automatic suspension. Such suspension may
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission,
19the issuance of an order so finding and discharging the
20patient, and the filing of a petition for restoration
21demonstrating fitness to practice.
22 (e) In cases where the Department of Healthcare and Family
23Services has previously determined that a licensee or a
24potential licensee is more than 30 days delinquent in the
25payment of child support and has subsequently certified the
26delinquency to the Department, the Department shall refuse to

HB0806 Enrolled- 210 -LRB102 02614 SPS 12617 b
1issue or renew or shall revoke or suspend that person's
2license or shall take other disciplinary action against that
3person based solely upon the certification of delinquency made
4by the Department of Healthcare and Family Services under
5paragraph (5) of subsection (a) of Section 2105-15 of the
6Department of Professional Regulation Law of the Civil
7Administrative Code of Illinois.
8 (f) The Department shall refuse to issue or renew or shall
9revoke or suspend a person's license or shall take other
10disciplinary action against that person for his or her failure
11to file a return, to pay the tax, penalty, or interest shown in
12a filed return, or to pay any final assessment of tax, penalty,
13or interest as required by any tax Act administered by the
14Department of Revenue, until the requirements of the tax Act
15are satisfied in accordance with subsection (g) of Section
162105-15 of the Department of Professional Regulation Law of
17the Civil Administrative Code of Illinois.
18(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
19 (225 ILCS 411/25-15)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 25-15. Injunction; cease Cease and desist order.
22 (a) If any person or entity violates a provision of this
23Act, the Secretary may, in the name of the People of the State
24of Illinois, through the Attorney General of the State of
25Illinois, petition for an order enjoining such violation or

HB0806 Enrolled- 211 -LRB102 02614 SPS 12617 b
1for an order enforcing compliance with this Act. Upon the
2filing of a verified petition in such court, the court may
3issue a temporary restraining order, without notice or bond,
4and may preliminarily and permanently enjoin such violation.
5If it is established that such person or entity has violated or
6is violating the injunction, the court may punish the offender
7for contempt of court. Proceedings under this Section are in
8addition to, and not in lieu of, all other remedies and
9penalties provided by this Act. The Secretary may issue an
10order to cease and desist to any licensee or other person doing
11business without the required license when, in the opinion of
12the Secretary, the licensee or other person is violating or is
13about to violate any provision of this Act or any rule or
14requirement imposed in writing by the Department.
15 (b) Whenever in the opinion of the Department any person
16or entity violates any provision of this Act, the Department
17may issue a rule to show cause why an order to cease and desist
18should not be entered against them. The rule shall clearly set
19forth the grounds relied upon by the Department and shall
20provide a period of 7 days from the date of the rule to file an
21answer to the satisfaction of the Department. Failure to
22answer to the satisfaction of the Department shall cause an
23order to cease and desist to be issued immediately. The
24Secretary may issue an order to cease and desist prior to a
25hearing and such order shall be in full force and effect until
26a final administrative order is entered.

HB0806 Enrolled- 212 -LRB102 02614 SPS 12617 b
1 (c) The Secretary shall serve notice of his or her action,
2designated as an order to cease and desist made pursuant to
3this Section, including a statement of the reasons for the
4action, either personally or by certified mail, return receipt
5requested. Service by certified mail shall be deemed completed
6when the notice is deposited in the United States mail and sent
7to the address of record or, in the case of unlicensed
8activity, the address known to the Department.
9 (d) Within 15 days after service of the order to cease and
10desist, the licensee or other person may request, in writing,
11a hearing.
12 (e) The Secretary shall schedule a hearing within 30 days
13after the request for a hearing unless otherwise agreed to by
14the parties.
15 (f) The Secretary shall have the authority to prescribe
16rules for the administration of this Section.
17 (g) If, after hearing, it is determined that the Secretary
18has the authority to issue the order to cease and desist, he or
19she may issue such orders as may be reasonably necessary to
20correct, eliminate, or remedy such conduct.
21 (h) The powers vested in the Secretary by this Section are
22additional to any and all other powers and remedies vested in
23the Secretary by law and nothing in this Section shall be
24construed as requiring that the Secretary shall employ the
25power conferred in this Section instead of or as a condition
26precedent to the exercise of any other power or remedy vested

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1in the Secretary.
2(Source: P.A. 96-863, eff. 3-1-10.)
3 (225 ILCS 411/25-25)
4 (Section scheduled to be repealed on January 1, 2022)
5 Sec. 25-25. Investigations, notice, hearings.
6 (a) The Department may investigate the actions of any
7applicant or of any person or entity holding or claiming to
8hold a license under this Act. The Department may at any time
9investigate the actions of any applicant or of any person or
10persons rendering or offering to render services as a cemetery
11authority, cemetery manager, or customer service employee of
12or any person holding or claiming to hold a license as a
13licensed cemetery authority, cemetery manager, or customer
14service employee. If it appears to the Department that a
15person has engaged in, is engaging in, or is about to engage in
16any practice declared to be unlawful by this Act, then the
17Department may: (1) require that person to file on such terms
18as the Department prescribes a statement or report in writing,
19under oath or otherwise, containing all information the
20Department may consider necessary to ascertain whether a
21licensee is in compliance with this Act, or whether an
22unlicensed person is engaging in activities for which a
23license is required; (2) examine under oath any individual in
24connection with the books and records pertaining to or having
25an impact upon the operation of a cemetery; (3) examine any

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1books and records of the licensee that the Department may
2consider necessary to ascertain compliance with this Act; and
3(4) require the production of a copy of any record, book,
4document, account, or paper that is produced in accordance
5with this Act and retain it in his or her possession until the
6completion of all proceedings in connection with which it is
7produced.
8 (b) The Department shall, before disciplining an applicant
9or licensee, at least 30 days prior to the date set for the
10hearing: (i) notify, in writing, the accused of the charges
11made and the time and place for the hearing on the charges,
12(ii) direct him or her to file a written answer to the charges
13under oath within 20 days after service of the notice, and
14(iii) inform the applicant or licensee that failure to file an
15answer will result in a default being entered against the
16applicant or licensee. The Secretary may, after 10 days notice
17by certified mail with return receipt requested to the
18licensee at the address of record or to the last known address
19of any other person stating the contemplated action and in
20general the grounds therefor, fine such licensee an amount not
21exceeding $10,000 per violation or revoke, suspend, refuse to
22renew, place on probation, or reprimand any license issued
23under this Act if he or she finds that:
24 (1) the licensee has failed to comply with any
25 provision of this Act or any order, decision, finding,
26 rule, regulation, or direction of the Secretary lawfully

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1 made pursuant to the authority of this Act; or
2 (2) any fact or condition exists which, if it had
3 existed at the time of the original application for the
4 license, clearly would have warranted the Secretary in
5 refusing to issue the license.
6 (c) Written or electronic notice, and any notice in the
7subsequent proceedings, may be served by personal delivery, by
8email, or by mail to the applicant or licensee at his or her
9address of record or email address of record. The Secretary
10may fine, revoke, suspend, refuse to renew, place on
11probation, reprimand, or take any other disciplinary action as
12to the particular license with respect to which grounds for
13the fine, revocation, suspension, refuse to renew, probation,
14or reprimand, or other disciplinary action occur or exist, but
15if the Secretary finds that grounds for revocation are of
16general application to all offices or to more than one office
17of the licensee, the Secretary shall fine, revoke, suspend,
18refuse to renew, place on probation, reprimand, or otherwise
19discipline every license to which such grounds apply.
20 (d) At the time and place fixed in the notice, the hearing
21officer appointed by the Secretary shall proceed to hear the
22charges and the parties or their counsel shall be accorded
23ample opportunity to present any statement, testimony,
24evidence, and argument as may be pertinent to the charges or to
25their defense. The hearing officer may continue the hearing
26from time to time. In every case in which a license is revoked,

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1suspended, placed on probation, reprimanded, or otherwise
2disciplined, the Secretary shall serve the licensee with
3notice of his or her action, including a statement of the
4reasons for his or her actions, either personally or by
5certified mail, return receipt requested. Service by certified
6mail shall be deemed completed when the notice is deposited in
7the United States mail and sent to the address of record.
8 (e) In case the licensee or applicant, after receiving the
9notice, fails to file an answer, his or her license may, in the
10discretion of the Secretary, be suspended, revoked, or placed
11on probationary status, or be subject to whatever disciplinary
12action the Secretary considers proper, including limiting the
13scope, nature, or extent of the person's practice or
14imposition of a fine, without hearing, if the act or acts
15charged constitute sufficient grounds for the action under
16this Act. An order assessing a fine, an order revoking,
17suspending, placing on probation, or reprimanding a license
18or, an order denying renewal of a license shall take effect
19upon service of the order unless the licensee requests, in
20writing, within 20 days after the date of service, a hearing.
21In the event a hearing is requested, an order issued under this
22Section shall be stayed until a final administrative order is
23entered.
24 (f) If the licensee requests a hearing, then the Secretary
25shall schedule a hearing within 30 days after the request for a
26hearing unless otherwise agreed to by the parties. The

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1Secretary shall have the authority to appoint an attorney duly
2licensed to practice law in the State of Illinois to serve as
3the hearing officer in any disciplinary action with regard to
4a license. The hearing officer shall have full authority to
5conduct the hearing.
6 (g) The hearing shall be held at the time and place
7designated by the Secretary.
8 (h) The Secretary shall have the authority to prescribe
9rules for the administration of this Section.
10 (i) Fines imposed and any costs assessed shall be paid
11within 60 days.
12(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
13 (225 ILCS 411/25-26 new)
14 Sec. 25-26. Hearing officer. Notwithstanding any provision
15of this Act, the Secretary has the authority to appoint an
16attorney licensed to practice law in the State of Illinois to
17serve as the hearing officer in any action for refusal to issue
18or renew a license or discipline a license. The hearing
19officer shall have full authority to conduct the hearing. The
20hearing officer shall report his or her findings of fact,
21conclusions of law, and recommendations to the Secretary.
22 (225 ILCS 411/25-30)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 25-30. Hearing; motion for rehearing Consent order.

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1 (a) The hearing officer appointed by the Secretary shall
2hear evidence in support of the formal charges and evidence
3produced by the licensee. At the conclusion of the hearing,
4the hearing officer shall present to the Secretary a written
5report of his or her findings of fact, conclusions of law, and
6recommendations.
7 (b) At the conclusion of the hearing, a copy of the hearing
8officer's report shall be served upon the applicant or
9licensee, either personally or as provided in this Act for the
10service of the notice of hearing. Within 20 calendar days
11after such service, the applicant or licensee may present to
12the Department a motion, in writing, for a rehearing which
13shall specify the particular grounds for rehearing. The
14Department may respond to the motion for rehearing within 20
15calendar days after its service on the Department. If no
16motion for rehearing is filed, then upon the expiration of the
17time specified for filing such a motion, or upon denial of a
18motion for rehearing, the Secretary may enter an order in
19accordance with the recommendations of the hearing officer. If
20the applicant or licensee orders from the reporting service
21and pays for a transcript of the record within the time for
22filing a motion for rehearing, the 20 calendar day period
23within which a motion may be filed shall commence upon
24delivery of the transcript to the applicant or licensee.
25 (c) If the Secretary disagrees in any regard with the
26report of the hearing officer, the Secretary may issue an

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1order contrary to the report.
2 (d) Whenever the Secretary is not satisfied that
3substantial justice has been done, the Secretary may order a
4hearing by the same or another hearing officer.
5 (e) At any point in any investigation or disciplinary
6proceeding provided for in this Act, both parties may agree to
7a negotiated consent order. The consent order shall be final
8upon signature of the Secretary.
9At any point in any investigation or disciplinary proceeding
10provided for in this Act, both parties may agree to a
11negotiated consent order. The consent order shall be final
12upon signature of the Secretary.
13(Source: P.A. 96-863, eff. 3-1-10.)
14 (225 ILCS 411/25-35)
15 (Section scheduled to be repealed on January 1, 2022)
16 Sec. 25-35. Record of proceedings; transcript.
17 (a) The Department, at its expense, shall provide a
18certified shorthand reporter to take down the testimony and
19preserve a record of all proceedings at the hearing of any case
20in which a licensee may be revoked, suspended, placed on
21probationary status, reprimanded, fined, or subjected to other
22disciplinary action with reference to the license when a
23disciplinary action is authorized under this Act and rules.
24The notice of hearing, complaint, and all other documents in
25the nature of pleadings and written portions filed in the

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1proceedings, the transcript of the testimony, the report of
2the hearing officer, and the orders of the Department shall be
3the record of the proceedings. The record may be made
4available to any person interested in the hearing upon payment
5of the fee required by Section 2105-115 of the Department of
6Professional Regulation Law shall preserve a record of all
7proceedings at the formal hearing of any case. Any notice, all
8documents in the nature of pleadings, written motions filed in
9the proceedings, the transcripts of testimony, and orders of
10the Department shall be in the record of the proceeding.
11 (b) The Department may contract for court reporting
12services, and, if it does so, the Department shall provide the
13name and contact information for the certified shorthand
14reporter who transcribed the testimony at a hearing to any
15person interested, who may obtain a copy of the transcript of
16any proceedings at a hearing upon payment of the fee specified
17by the certified shorthand reporter.
18(Source: P.A. 96-863, eff. 3-1-10.)
19 (225 ILCS 411/25-90)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 25-90. Restoration of license from discipline.
22 (a) At any time after the successful completion of a term
23of indefinite probation, suspension, or revocation of a
24license under this Act, the Department may restore the license
25to the licensee, unless after an investigation and a hearing

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1the Secretary determines that restoration is not in the public
2interest.
3 (b) Where circumstances of suspension or revocation so
4indicate, the Department may require an examination of the
5licensee prior to restoring his or her license.
6 (c) No person whose license has been revoked as authorized
7in this Act may apply for restoration of that license until
8such time as provided for in the Civil Administrative Code of
9Illinois.
10 (d) A license that has been suspended or revoked shall be
11considered non-renewed for purposes of restoration and a
12licensee restoring his or her license from suspension or
13revocation must comply with the requirements for restoration
14as set forth in Section 10-40.
15(Source: P.A. 96-863, eff. 3-1-10.)
16 (225 ILCS 411/25-95)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 25-95. Administrative review; venue.
19 (a) All final administrative decisions of the Department
20are subject to judicial review under the Administrative Review
21Law and its rules. The term "administrative decision" is
22defined as in Section 3-101 of the Code of Civil Procedure.
23 (b) Proceedings for judicial review shall be commenced in
24the circuit court of the county in which the party applying for
25review resides, but if the party is not a resident of Illinois,

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1the venue shall be in Sangamon County.
2 (c) The Department shall not be required to certify any
3record to the court or file any answer in court, or to
4otherwise appear in any court in a judicial review proceeding,
5unless and until the Department has received from the
6plaintiff payment of the costs of furnishing and certifying
7the record, which costs shall be determined by the Department.
8 (d) Failure on the part of the plaintiff to file a receipt
9in court shall be grounds for dismissal of the action.
10(Source: P.A. 96-863, eff. 3-1-10.)
11 (225 ILCS 411/25-105)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 25-105. Unlicensed practice; violations; civil
14penalty Violations.
15 (a) Any person who practices, offers to practice, attempts
16to practice, or hold himself or herself out as a cemetery
17manager or customer service employee as provided in this Act
18without being licensed or exempt under this Act shall, in
19addition to any other penalty provided by law, pay a civil
20penalty to the Department in an amount not to exceed $10,000
21for each offense, as determined by the Department. The civil
22penalty shall be assessed by the Department after a hearing is
23held in accordance with the provision set forth in this Act
24regarding the provision of a hearing for the discipline of a
25licensee.

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1 (b) The De