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


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-Chaptered.html



Public Act 102-0020
HB0806 EnrolledLRB102 02614 SPS 12617 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.32 and 4.37 as follows:
(5 ILCS 80/4.32)
Sec. 4.32. Acts repealed on January 1, 2022. The following
Acts are repealed on January 1, 2022:
The Boxing and Full-contact Martial Arts Act.
The Cemetery Oversight Act.
The Collateral Recovery Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Crematory Regulation Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Illinois Health Information Exchange and Technology
Act.
The Medical Practice Act of 1987.
The Registered Interior Designers Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Radiation Protection Act of 1990.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
(5 ILCS 80/4.37)
Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following are repealed on January 1, 2027:
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
The Marriage and Family Therapy Licensing Act.
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 Licensing 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.
The Registered Interior Designers Act.
(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
99-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
8-18-17; 100-372, eff. 8-25-17.)
Section 10. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-35 and 2105-120 as follows:
(20 ILCS 2105/2105-35)
Sec. 2105-35. Prohibited uses of roster of information.
Notwithstanding any other provision of law to the contrary,
any roster of information including, but not limited to, the
licensee's name, address, and profession, shall not be used by
a third party for the purpose of marketing goods or services
not related to the licensee's profession. Rosters provided by
the Department shall comply with the requirements set forth
under the Freedom of Information Act.
(Source: P.A. 96-978, eff. 7-2-10.)
(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)
Sec. 2105-120. Board's report; licensee's or applicant's
motion for rehearing.
(a) The board shall present to the Secretary Director its
written report of its findings and recommendations. A copy of
the report shall be served upon the licensee or applicant,
either personally or by mail or email as provided in Section
2105-100 for the service of the notice. The Secretary may
issue an order that deviates from the board's report and is not
required to provide the board with an explanation of the
deviation.
(b) Within 20 days after the service required under
subsection (a), the licensee or applicant may present to the
Department a motion in writing for a rehearing. The written
motion shall specify the particular grounds for a rehearing.
If the licensee or applicant orders and pays for a transcript
of the record as provided in Section 2105-115, the time
elapsing thereafter and before the transcript is ready for
delivery to the licensee or applicant shall not be counted as
part of the 20 days.
(Source: P.A. 99-227, eff. 8-3-15; 100-262, eff. 8-22-17.)
Section 15. The Massage Licensing Act is amended by
changing Sections 1, 10, 15, 25, 32, 45, 50, 60, and 95 and by
adding Section 12 as follows:
(225 ILCS 57/1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1. Short title. This Act may be cited as the Massage
Therapy Practice Licensing Act.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10. Definitions. As used in this Act:
"Address of Record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address and
those changes must be made either through the Department's
website or by contacting the Department.
"Approved massage school" means a facility which meets
minimum standards for training and curriculum as determined by
the Department.
"Board" means the Massage Licensing Board appointed by the
Secretary.
"Compensation" means the payment, loan, advance, donation,
contribution, deposit, or gift of money or anything of value.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Massage" or "massage therapy" means a system of
structured palpation or movement of the soft tissue of the
body. The system may include, but is not limited to,
techniques such as effleurage or stroking and gliding,
petrissage or kneading, tapotement or percussion, friction,
vibration, compression, and stretching activities as they
pertain to massage therapy. These techniques may be applied by
a licensed massage therapist with or without the aid of
lubricants, salt or herbal preparations, hydromassage, thermal
massage, or a massage device that mimics or enhances the
actions possible by human hands. The purpose of the practice
of massage, as licensed under this Act, is to enhance the
general health and well-being of the mind and body of the
recipient. "Massage" does not include the diagnosis of a
specific pathology. "Massage" does not include those acts of
physical therapy or therapeutic or corrective measures that
are outside the scope of massage therapy practice as defined
in this Section.
"Massage therapist" means a person who is licensed by the
Department and administers massage for compensation.
"Professional massage or bodywork therapy association"
means a state or nationally chartered organization that is
devoted to the massage specialty and therapeutic approach and
meets the following requirements:
(1) The organization requires that its members meet
minimum educational requirements. The educational
requirements must include anatomy, physiology, hygiene,
sanitation, ethics, technical theory, and application of
techniques.
(2) The organization has an established code of ethics
and has procedures for the suspension and revocation of
membership of persons violating the code of ethics.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/12 new)
Sec. 12. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or a misdemeanor or
any crime that is directly related to the practice of the
profession. Such a conviction shall not operate
automatically as a complete bar to a license, except in
the case of any conviction for prostitution, rape, or
sexual misconduct, or where the applicant is a registered
sex offender.
(3) The applicant has met one of the following
requirements: (A) has successfully completed a massage
therapy program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement of
600 hours, and has passed a competency examination
approved by the Department. ; (B) holds a current license
from another jurisdiction having licensure requirements
that include the completion of a massage therapy program
of at least 500 hours; or (C) (blank).
(b) Each applicant for licensure as a massage therapist
shall have his or her fingerprints submitted to the Department
of State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Department of State
Police. These fingerprints shall be checked against the
Department of State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed. The
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department, in its discretion, may allow an
applicant who does not have reasonable access to a designated
vendor to provide his or her fingerprints in an alternative
manner. The Department may adopt any rules necessary to
implement this Section.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25. Exemptions.
(a) This Act does not prohibit a person licensed under any
other Act in this State from engaging in the practice for which
he or she is licensed.
(b) Persons exempted under this Section include, but are
not limited to, physicians, podiatric physicians, naprapaths,
and physical therapists.
(c) Nothing in this Act prohibits qualified members of
other professional groups, including but not limited to
nurses, occupational therapists, cosmetologists, and
estheticians, from performing massage in a manner consistent
with their training and the code of ethics of their respective
professions.
(d) Nothing in this Act prohibits a student of an approved
massage school or program from performing massage, provided
that the student does not hold himself or herself out as a
licensed massage therapist and does not receive compensation,
including tips, for massage therapy services.
(e) Nothing in this Act prohibits practitioners that do
not involve intentional soft tissue manipulation, including
but not limited to Alexander Technique, Feldenkrais, Reike,
and Therapeutic Touch, from practicing.
(f) Practitioners of certain service marked bodywork
approaches that do involve intentional soft tissue
manipulation, including but not limited to Rolfing, Trager
Approach, Polarity Therapy, and Orthobionomy, are exempt from
this Act if they are approved by their governing body based on
a minimum level of training, demonstration of competency, and
adherence to ethical standards.
(g) Until January 1, 2024 2020, practitioners of Asian
bodywork approaches are exempt from this Act if they are
members of the American Organization for of Bodywork Therapies
of Asia are exempt from licensure under this Act as certified
practitioners or if they are approved by an Asian bodywork
organization based on a minimum level of training,
demonstration of competency, and adherence to ethical
standards set by their governing body.
(h) Practitioners of other forms of bodywork who restrict
manipulation of soft tissue to the feet, hands, and ears, and
who do not have the client disrobe, such as reflexology, are
exempt from this Act.
(i) Nothing in this Act applies to massage therapists from
other states or countries when providing educational programs
or services for a period not exceeding 30 days within a
calendar year.
(j) Nothing in this Act prohibits a person from treating
ailments by spiritual means through prayer alone in accordance
with the tenets and practices of a recognized church or
religious denomination.
(k) Nothing in this Act applies to the practice of massage
therapy by a person either actively licensed as a massage
therapist in another state or currently certified by the
National Certification Board of Therapeutic Massage and
Bodywork or other national certifying body if said person's
state does not license massage therapists, if he or she is
performing his or her duties for a Department-approved
educational program for less than 30 days in a calendar year, a
Department-approved continuing education program for less than
30 days in a calendar year, a non-Illinois based team or
professional organization, or for a national athletic event
held in this State, so long as he or she restricts his or her
practice to his or her team or organization or to event
participants during the course of his or her team's or
organization's stay in this State or for the duration of the
event.
(Source: P.A. 101-421, eff. 8-16-19.)
(225 ILCS 57/32)
(Section scheduled to be repealed on January 1, 2022)
Sec. 32. Display. Every holder of a license shall display
it, or a copy, in a conspicuous place in the holder's principal
office or any other location where the holder renders massage
therapy services. Every displayed license shall have the
license number visible.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner, including failing to use the massage therapist's
own license number in an advertisement;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that he or she is not competent to
perform;
(9) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided
by law, an assumed name; or
(21) cheating on or attempting to subvert the
licensing examination administered under this Act.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage
therapy contrary to any rules or provisions of this Act. A
person violating this subsection (b) shall be treated as a
licensee for the purposes of disciplinary action under this
Section and shall be subject to cease and desist orders as
provided in Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to
revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 57/50)
(Section scheduled to be repealed on January 1, 2022)
Sec. 50. Advertising. It is a misdemeanor for any person,
organization, or corporation to advertise massage services
unless the person providing the service holds a valid license
under this Act, except for those excluded licensed
professionals who are allowed to include massage in their
scope of practice. A massage therapist may not advertise
unless he or she has a current license issued by this State. A
massage therapist shall include the current license number
issued by the Department on all advertisements in accordance
with paragraph (4) of subsection (a) of Section 45.
"Advertise" as used in this Section includes, but is not
limited to, the issuance of any card, sign, or device to any
person; the causing, permitting, or allowing of any sign or
marking on or in any building, vehicle, or structure;
advertising in any newspaper or magazine; any listing or
advertising in any directory under a classification or heading
that includes the words "massage", "massage therapist",
"therapeutic massage", or "massage therapeutic"; or
commercials broadcast by any means.
(Source: P.A. 92-860, eff. 6-1-03.)
(225 ILCS 57/60)
(Section scheduled to be repealed on January 1, 2022)
Sec. 60. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings
the licensee has the right to show compliance with all lawful
requirements for retention, continuation, or renewal of the
license is specifically excluded. For the purposes of this Act
the notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the address of record or emailed to the email address of
record of a party.
(Source: P.A. 97-514, eff. 8-23-11.)
(225 ILCS 57/95)
(Section scheduled to be repealed on January 1, 2022)
Sec. 95. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or of
any person or persons rendering or offering to render massage
therapy services or any person holding or claiming to hold a
license as a massage therapist. The Department shall, before
refusing to issue or renew a license or to discipline a
licensee under Section 45, at least 30 days prior to the date
set for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer with
the Department under oath within 20 days after the service of
the notice, and (iii) inform the applicant or licensee that
failure to file an answer will result in a default judgment
being entered against the applicant or licensee. At the time
and place fixed in the notice, the Department shall proceed to
hear the charges and the parties of their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Department
may continue the hearing from time to time. In case the person,
after receiving the notice, fails to file an answer, his or her
license may, in the discretion of the Department, be revoked,
suspended, placed on probationary status, or the Department
may take whatever disciplinary actions considered proper,
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under the Act. The written notice may
be served by personal delivery, or by certified mail to the
accused's address of record, or by email to the accused's
email address of record.
(Source: P.A. 97-514, eff. 8-23-11.)
Section 20. The Medical Practice Act of 1987 is amended by
changing Sections 2, 7, 7.5, 8, 8.1, 9, 9.3, 17, 18, 19, 21,
22, 23, 24, 25, 35, 36, 37, 38, 39, 40, 41, 42, 44, and 47 and
by adding Sections 7.1 and 7.2 as follows:
(225 ILCS 60/2) (from Ch. 111, par. 4400-2)
(Section scheduled to be repealed on January 1, 2022)
Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
"Act" means the Medical Practice Act of 1987.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit.
"Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
"Department" means the Department of Financial and
Professional Regulation.
"Disciplinary action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
"Disciplinary Board" means the Medical Disciplinary Board.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Final determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the
bylaws or rules and regulations of such health care
institution, or professional association or society.
"Fund" means the Illinois State Medical Disciplinary Fund.
"Impaired" means the inability to practice medicine with
reasonable skill and safety due to physical or mental
disabilities as evidenced by a written determination or
written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree to
diminish a person's ability to deliver competent patient care.
"Licensing Board" means the Medical Licensing Board.
"Medical Board" means the Illinois State Medical Board.
"Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
"Professional association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including but not limited to, medical
societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.
"Program of care, counseling, or treatment" means a
written schedule of organized treatment, care, counseling,
activities, or education, satisfactory to the Medical
Disciplinary Board, designed for the purpose of restoring an
impaired person to a condition whereby the impaired person can
practice medicine with reasonable skill and safety of a
sufficient degree to deliver competent patient care.
"Reinstate" means to change the status of a license from
inactive or nonrenewed status to active status.
"Restore" means to remove an encumbrance from a license
due to probation, suspension, or revocation.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 99-933, eff. 1-27-17; 100-429, eff. 8-25-17.)
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board. The Disciplinary Board shall consist of 11
members, to be appointed by the Governor by and with the advice
and consent of the Senate. All members shall be residents of
the State, not more than 6 of whom shall be members of the same
political party. All members shall be voting members. Five
members shall be physicians licensed to practice medicine in
all of its branches in Illinois possessing the degree of
doctor of medicine. One member shall be a physician licensed
to practice medicine in all its branches in Illinois
possessing the degree of doctor of osteopathy or osteopathic
medicine. One member shall be a chiropractic physician
licensed to practice in Illinois and possessing the degree of
doctor of chiropractic. Four members shall be members of the
public, who shall not be engaged in any way, directly or
indirectly, as providers of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of any
member, their successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of the
Senate. The Governor shall fill any vacancy for the remainder
of the unexpired term with the advice and consent of the
Senate. Upon recommendation of the Board, any member of the
Disciplinary Board may be removed by the Governor for
misfeasance, malfeasance, or wilful neglect of duty, after
notice, and a public hearing, unless such notice and hearing
shall be expressly waived in writing. Each member shall serve
on the Disciplinary Board until their successor is appointed
and qualified. No member of the Disciplinary Board shall serve
more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Disciplinary Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Disciplinary Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor
has been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least
4 of whom are physicians, shall constitute a quorum. A vacancy
in the membership of the Disciplinary Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Disciplinary Board. Any action taken by
the Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Disciplinary
Board shall meet at least quarterly.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Secretary shall
determine. Each member shall be paid their necessary expenses
while engaged in the performance of their duties.
(G) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Disciplinary Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. The Chief Medical
Coordinator shall be the chief enforcement officer of this
Act. None of the functions, powers, or duties of the
Department with respect to policies regarding enforcement or
discipline under this Act, including the adoption of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Disciplinary Board.
The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with
at least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Disciplinary Board, the Secretary shall employ, in conformity
with the Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Disciplinary Board deems necessary for
the proper performance of its duties.
(H) Upon the specific request of the Disciplinary Board,
signed by either the chairperson, vice chairperson, or a
medical coordinator of the Disciplinary Board, the Department
of Human Services, the Department of Healthcare and Family
Services, the Department of State Police, or any other law
enforcement agency located in this State shall make available
any and all information that they have in their possession
regarding a particular case then under investigation by the
Disciplinary Board.
(I) Members of the Disciplinary Board shall be immune from
suit in any action based upon any disciplinary proceedings or
other acts performed in good faith as members of the
Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations
and participation in complaints against physicians. Such
advisors shall serve under contract and shall be reimbursed at
a reasonable rate for the services provided, plus reasonable
expenses incurred. While serving in this capacity, the
advisor, for any act undertaken in good faith and in the
conduct of his or her duties under this Section, shall be
immune from civil suit.
(K) This Section is inoperative when a majority of the
Medical Board is appointed. This Section is repealed one year
after the effective date of this amendatory Act of the 102nd
General Assembly.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/7.1 new)
Sec. 7.1. Medical Board.
(A) There is hereby created the Illinois State Medical
Board. The Medical Board shall consist of 17 members, to be
appointed by the Governor by and with the advice and consent of
the Senate. All members shall be residents of the State, not
more than 8 of whom shall be members of the same political
party. All members shall be voting members. Eight members
shall be physicians licensed to practice medicine in all of
its branches in Illinois possessing the degree of doctor of
medicine. Two members shall be physicians licensed to practice
medicine in all its branches in Illinois possessing the degree
of doctor of osteopathy or osteopathic medicine. Two of the
physician members shall be physicians who collaborate with
physician assistants. Two members shall be chiropractic
physicians licensed to practice in Illinois and possessing the
degree of doctor of chiropractic. Two members shall be
physician assistants licensed to practice in Illinois. Three
members shall be members of the public, who shall not be
engaged in any way, directly or indirectly, as providers of
health care.
(B) Members of the Medical Board shall be appointed for
terms of 4 years. Upon the expiration of the term of any
member, their successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of the
Senate. The Governor shall fill any vacancy for the remainder
of the unexpired term with the advice and consent of the
Senate. Upon recommendation of the Medical Board, any member
of the Medical Board may be removed by the Governor for
misfeasance, malfeasance, or willful neglect of duty, after
notice, and a public hearing, unless such notice and hearing
shall be expressly waived in writing. Each member shall serve
on the Medical Board until their successor is appointed and
qualified. No member of the Medical Board shall serve more
than 2 consecutive 4-year terms.
In making appointments the Governor shall attempt to
ensure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Medical Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Medical Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor
has been elected and qualified.
(D) A majority of the Medical Board members currently
appointed shall constitute a quorum. A vacancy in the
membership of the Medical Board shall not impair the right of a
quorum to exercise all the rights and perform all the duties of
the Medical Board. Any action taken by the Medical Board under
this Act may be authorized by resolution at any regular or
special meeting and each such resolution shall take effect
immediately. The Medical Board shall meet at least quarterly.
(E) Each member shall be paid their necessary expenses
while engaged in the performance of their duties.
(F) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Medical Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. The Chief Medical
Coordinator shall be the chief enforcement officer of this
Act. None of the functions, powers, or duties of the
Department with respect to policies regarding enforcement or
discipline under this Act, including the adoption of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Medical Board.
(G) The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with
at least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Medical Board, the Secretary shall employ, in conformity with
the Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Medical Board deems necessary for the
proper performance of its duties.
(H) Upon the specific request of the Medical Board, signed
by either the chairperson, vice chairperson, or a medical
coordinator of the Medical Board, the Department of Human
Services, the Department of Healthcare and Family Services,
the Department of State Police, or any other law enforcement
agency located in this State shall make available any and all
information that they have in their possession regarding a
particular case then under investigation by the Medical Board.
(I) Members of the Medical Board shall be immune from suit
in any action based upon any disciplinary proceedings or other
acts performed in good faith as members of the Medical Board.
(J) The Medical Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Medical Board in their investigations and
participation in complaints against physicians. Such advisors
shall serve under contract and shall be reimbursed at a
reasonable rate for the services provided, plus reasonable
expenses incurred. While serving in this capacity, the
advisor, for any act undertaken in good faith and in the
conduct of his or her duties under this Section, shall be
immune from civil suit.
(225 ILCS 60/7.2 new)
Sec. 7.2. Medical Board appointment. All members of the
Medical Licensing Board and the Medical Disciplinary Board
shall serve as members of the Medical Board. A majority of the
Medical Board members shall be appointed within 260 days after
the effective date of this amendatory Act of the 102nd General
Assembly. The Medical Licensing Board and Medical Disciplinary
Board shall exercise all functions, powers, and duties
enumerated in this Act to the Medical Board. All functions,
powers, and duties enumerated in this Act to the Medical
Licensing Board and Medical Disciplinary Board shall dissolve
at such time when a majority of the Medical Board is appointed.
This Section is repealed one year after the effective date of
this amendatory Act of the 102nd General Assembly.
(225 ILCS 60/7.5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7.5. Complaint Committee.
(a) There shall be a Complaint Committee of the Medical
Disciplinary Board composed of at least one of the medical
coordinators established by subsection (G) of Section 7 of
this Act, the Chief of Medical Investigations (person employed
by the Department who is in charge of investigating complaints
against physicians and physician assistants), the Chief of
Medical Prosecutions (the person employed by the Department
who is in charge of prosecuting formal complaints against
physicians and physician assistants), and at least 3 members
of the Medical Disciplinary Board (at least 2 of whom shall be
physicians) designated by the Chairperson of the Medical
Disciplinary Board with the approval of the Medical
Disciplinary Board.
(b) The Complaint Committee shall meet at least twice a
month to exercise its functions and duties set forth in
subsection (c) below. At least 2 members of the Medical
Disciplinary Board shall be in attendance in order for any
business to be transacted by the Complaint Committee. The
Complaint Committee shall make every effort to consider
expeditiously and take prompt action on each item on its
agenda.
(c) The Complaint Committee shall have the following
duties and functions:
(1) To recommend to the Medical Disciplinary Board
that a complaint file be closed.
(2) To refer a complaint file to the office of the
Chief of Medical Prosecutions for review.
(3) To make a decision in conjunction with the Chief
of Medical Prosecutions regarding action to be taken on a
complaint file.
(d) In determining what action to take or whether to
proceed with prosecution of a complaint, the Complaint
Committee shall consider, but not be limited to, the following
factors: sufficiency of the evidence presented, prosecutorial
merit under Section 22 of this Act, any recommendation made by
the Department, and insufficient cooperation from complaining
parties.
(e) Notwithstanding any provision of this Act, the
Department may close a complaint, after investigation and
approval of the Chief Medical Coordinator without review of
the Complaint Committee, in which the allegations of the
complaint if proven would not constitute a violation of the
Act, there is insufficient evidence to prove a violation of
the Act, or there is insufficient cooperation from complaining
parties, as determined by the Department.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/8) (from Ch. 111, par. 4400-8)
(Section scheduled to be repealed on January 1, 2022)
Sec. 8. Medical Licensing Board.
(A) There is hereby created a Medical Licensing Board. The
Licensing Board shall be composed of 7 members, to be
appointed by the Governor by and with the advice and consent of
the Senate; 5 of whom shall be reputable physicians licensed
to practice medicine in all of its branches in Illinois,
possessing the degree of doctor of medicine; one member shall
be a reputable physician licensed in Illinois to practice
medicine in all of its branches, possessing the degree of
doctor of osteopathy or osteopathic medicine; and one member
shall be a reputable chiropractic physician licensed to
practice in Illinois and possessing the degree of doctor of
chiropractic. Of the 5 members holding the degree of doctor of
medicine, one shall be a full-time or part-time teacher of
professorial rank in the clinical department of an Illinois
school of medicine.
(B) Members of the Licensing Board shall be appointed for
terms of 4 years, and until their successors are appointed and
qualified. Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired
portion of the vacated term. No more than 4 members of the
Licensing Board shall be members of the same political party
and all members shall be residents of this State. No member of
the Licensing Board may be appointed to more than 2 successive
4 year terms.
(C) Members of the Licensing Board shall be immune from
suit in any action based upon any licensing proceedings or
other acts performed in good faith as members of the Licensing
Board.
(D) (Blank).
(E) The Licensing Board shall annually elect one of its
members as chairperson and one as vice chairperson. No member
shall be elected more than twice in succession to the same
office. Each officer shall serve until his or her successor
has been elected and qualified.
(F) None of the functions, powers or duties of the
Department with respect to policies regarding licensure and
examination under this Act, including the promulgation of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Licensing Board.
(G) The Licensing Board shall receive the same
compensation as the members of the Disciplinary Board, which
compensation shall be paid out of the Illinois State Medical
Disciplinary Fund.
(H) This Section is inoperative when a majority of the
Medical Board is appointed. This Section is repealed one year
after the effective date of this amendatory Act of the 102nd
General Assembly.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/8.1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 8.1. Matters concerning advanced practice registered
nurses. Any proposed rules, amendments, second notice
materials and adopted rule or amendment materials, and policy
statements concerning advanced practice registered nurses
shall be presented to the Medical Licensing Board for review
and comment. The recommendations of both the Board of Nursing
and the Medical Licensing Board shall be presented to the
Secretary for consideration in making final decisions.
Whenever the Board of Nursing and the Medical Licensing Board
disagree on a proposed rule or policy, the Secretary shall
convene a joint meeting of the officers of each Board to
discuss the resolution of any such disagreements.
(Source: P.A. 100-513, eff. 1-1-18.)
(225 ILCS 60/9) (from Ch. 111, par. 4400-9)
(Section scheduled to be repealed on January 1, 2022)
Sec. 9. Application for license. Each applicant for a
license shall:
(A) Make application on blank forms prepared and
furnished by the Department.
(B) Submit evidence satisfactory to the Department
that the applicant:
(1) is of good moral character. In determining
moral character under this Section, the Department may
take into consideration whether the applicant has
engaged in conduct or activities which would
constitute grounds for discipline under this Act. The
Department may also request the applicant to submit,
and may consider as evidence of moral character,
endorsements from 2 or 3 individuals licensed under
this Act;
(2) has the preliminary and professional education
required by this Act;
(3) (blank); and
(4) is physically, mentally, and professionally
capable of practicing medicine with reasonable
judgment, skill, and safety. In determining physical
and mental capacity under this Section, the Medical
Licensing Board may, upon a showing of a possible
incapacity or conduct or activities that would
constitute grounds for discipline under this Act,
compel any applicant to submit to a mental or physical
examination and evaluation, or both, as provided for
in Section 22 of this Act. The Medical Licensing Board
may condition or restrict any license, subject to the
same terms and conditions as are provided for the
Medical Disciplinary Board under Section 22 of this
Act. Any such condition of a restricted license shall
provide that the Chief Medical Coordinator or Deputy
Medical Coordinator shall have the authority to review
the subject physician's compliance with such
conditions or restrictions, including, where
appropriate, the physician's record of treatment and
counseling regarding the impairment, to the extent
permitted by applicable federal statutes and
regulations safeguarding the confidentiality of
medical records of patients.
In determining professional capacity under this
Section, an individual may be required to complete such
additional testing, training, or remedial education as the
Medical Licensing Board may deem necessary in order to
establish the applicant's present capacity to practice
medicine with reasonable judgment, skill, and safety. The
Medical Licensing Board may consider the following
criteria, as they relate to an applicant, as part of its
determination of professional capacity:
(1) Medical research in an established research
facility, hospital, college or university, or private
corporation.
(2) Specialized training or education.
(3) Publication of original work in learned,
medical, or scientific journals.
(4) Participation in federal, State, local, or
international public health programs or organizations.
(5) Professional service in a federal veterans or
military institution.
(6) Any other professional activities deemed to
maintain and enhance the clinical capabilities of the
applicant.
Any applicant applying for a license to practice
medicine in all of its branches or for a license as a
chiropractic physician who has not been engaged in the
active practice of medicine or has not been enrolled in a
medical program for 2 years prior to application must
submit proof of professional capacity to the Medical
Licensing Board.
Any applicant applying for a temporary license that
has not been engaged in the active practice of medicine or
has not been enrolled in a medical program for longer than
5 years prior to application must submit proof of
professional capacity to the Medical Licensing Board.
(C) Designate specifically the name, location, and
kind of professional school, college, or institution of
which the applicant is a graduate and the category under
which the applicant seeks, and will undertake, to
practice.
(D) Pay to the Department at the time of application
the required fees.
(E) Pursuant to Department rules, as required, pass an
examination authorized by the Department to determine the
applicant's fitness to receive a license.
(F) Complete the application process within 3 years
from the date of application. If the process has not been
completed within 3 years, the application shall expire,
application fees shall be forfeited, and the applicant
must reapply and meet the requirements in effect at the
time of reapplication.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/9.3)
(Section scheduled to be repealed on January 1, 2022)
Sec. 9.3. Withdrawal of application. Any applicant
applying for a license or permit under this Act may withdraw
his or her application at any time. If an applicant withdraws
his or her application after receipt of a written Notice of
Intent to Deny License or Permit, then the withdrawal shall be
reported to the Federation of State Medical Boards and the
National Practitioner Data Bank.
(Source: P.A. 98-601, eff. 12-30-13; 98-1140, eff. 12-30-14.)
(225 ILCS 60/17) (from Ch. 111, par. 4400-17)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17. Temporary license. Persons holding the degree of
Doctor of Medicine, persons holding the degree of Doctor of
Osteopathy or Doctor of Osteopathic Medicine, and persons
holding the degree of Doctor of Chiropractic or persons who
have satisfied the requirements therefor and are eligible to
receive such degree from a medical, osteopathic, or
chiropractic school, who wish to pursue programs of graduate
or specialty training in this State, may receive without
examination, in the discretion of the Department, a 3-year
temporary license. In order to receive a 3-year temporary
license hereunder, an applicant shall submit evidence
satisfactory to the Department that the applicant:
(A) Is of good moral character. In determining moral
character under this Section, the Department may take into
consideration whether the applicant has engaged in conduct
or activities which would constitute grounds for
discipline under this Act. The Department may also request
the applicant to submit, and may consider as evidence of
moral character, endorsements from 2 or 3 individuals
licensed under this Act;
(B) Has been accepted or appointed for specialty or
residency training by a hospital situated in this State or
a training program in hospitals or facilities maintained
by the State of Illinois or affiliated training facilities
which is approved by the Department for the purpose of
such training under this Act. The applicant shall indicate
the beginning and ending dates of the period for which the
applicant has been accepted or appointed;
(C) Has or will satisfy the professional education
requirements of Section 11 of this Act which are effective
at the date of application except for postgraduate
clinical training;
(D) Is physically, mentally, and professionally
capable of practicing medicine or treating human ailments
without the use of drugs and without operative surgery
with reasonable judgment, skill, and safety. In
determining physical, mental and professional capacity
under this Section, the Medical Licensing Board may, upon
a showing of a possible incapacity, compel an applicant to
submit to a mental or physical examination and evaluation,
or both, and may condition or restrict any temporary
license, subject to the same terms and conditions as are
provided for the Medical Disciplinary Board under Section
22 of this Act. Any such condition of restricted temporary
license shall provide that the Chief Medical Coordinator
or Deputy Medical Coordinator shall have the authority to
review the subject physician's compliance with such
conditions or restrictions, including, where appropriate,
the physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding
the confidentiality of medical records of patients.
Three-year temporary licenses issued pursuant to this
Section shall be valid only for the period of time designated
therein, and may be extended or renewed pursuant to the rules
of the Department, and if a temporary license is thereafter
extended, it shall not extend beyond completion of the
residency program. The holder of a valid 3-year temporary
license shall be entitled thereby to perform only such acts as
may be prescribed by and incidental to his or her program of
residency training; he or she shall not be entitled to
otherwise engage in the practice of medicine in this State
unless fully licensed in this State.
A 3-year temporary license may be revoked or suspended by
the Department upon proof that the holder thereof has engaged
in the practice of medicine in this State outside of the
program of his or her residency or specialty training, or if
the holder shall fail to supply the Department, within 10 days
of its request, with information as to his or her current
status and activities in his or her specialty training
program. Such a revocation or suspension shall comply with the
procedures set forth in subsection (d) of Section 37 of this
Act.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/18) (from Ch. 111, par. 4400-18)
(Section scheduled to be repealed on January 1, 2022)
Sec. 18. Visiting professor, physician, or resident
permits.
(A) Visiting professor permit.
(1) A visiting professor permit shall entitle a person
to practice medicine in all of its branches or to practice
the treatment of human ailments without the use of drugs
and without operative surgery provided:
(a) the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in his or her
native licensing jurisdiction during the period of the
visiting professor permit;
(b) the person has received a faculty appointment
to teach in a medical, osteopathic or chiropractic
school in Illinois; and
(c) the Department may prescribe the information
necessary to establish an applicant's eligibility for
a permit. This information shall include without
limitation (i) a statement from the dean of the
medical school at which the applicant will be employed
describing the applicant's qualifications and (ii) a
statement from the dean of the medical school listing
every affiliated institution in which the applicant
will be providing instruction as part of the medical
school's education program and justifying any clinical
activities at each of the institutions listed by the
dean.
(2) Application for visiting professor permits shall
be made to the Department, in writing, on forms prescribed
by the Department and shall be accompanied by the required
fee established by rule, which shall not be refundable.
Any application shall require the information as, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A visiting professor permit shall be valid for no
longer than 2 years from the date of issuance or until the
time the faculty appointment is terminated, whichever
occurs first, and may be renewed only in accordance with
subdivision (A)(6) of this Section.
(4) The applicant may be required to appear before the
Medical Licensing Board for an interview prior to, and as
a requirement for, the issuance of the original permit and
the renewal.
(5) Persons holding a permit under this Section shall
only practice medicine in all of its branches or practice
the treatment of human ailments without the use of drugs
and without operative surgery in the State of Illinois in
their official capacity under their contract within the
medical school itself and any affiliated institution in
which the permit holder is providing instruction as part
of the medical school's educational program and for which
the medical school has assumed direct responsibility.
(6) After the initial renewal of a visiting professor
permit, a visiting professor permit shall be valid until
the last day of the next physician license renewal period,
as set by rule, and may only be renewed for applicants who
meet the following requirements:
(i) have obtained the required continuing
education hours as set by rule; and
(ii) have paid the fee prescribed for a license
under Section 21 of this Act.
For initial renewal, the visiting professor must
successfully pass a general competency examination authorized
by the Department by rule, unless he or she was issued an
initial visiting professor permit on or after January 1, 2007,
but prior to July 1, 2007.
(B) Visiting physician permit.
(1) The Department may, in its discretion, issue a
temporary visiting physician permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in his or her
native licensing jurisdiction during the period of the
temporary visiting physician permit;
(c) that the person has received an invitation or
appointment to study, demonstrate, or perform a
specific medical, osteopathic, chiropractic or
clinical subject or technique in a medical,
osteopathic, or chiropractic school, a state or
national medical, osteopathic, or chiropractic
professional association or society conference or
meeting, a hospital licensed under the Hospital
Licensing Act, a hospital organized under the
University of Illinois Hospital Act, or a facility
operated pursuant to the Ambulatory Surgical Treatment
Center Act; and
(d) that the temporary visiting physician permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without
operative surgery within the scope of the medical,
osteopathic, chiropractic, or clinical studies, or in
conjunction with the state or national medical,
osteopathic, or chiropractic professional association
or society conference or meeting, for which the holder
was invited or appointed.
(2) The application for the temporary visiting
physician permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule,
which shall not be refundable. The application shall
require information that, in the judgment of the
Department, will enable the Department to pass on the
qualification of the applicant, and the necessity for the
granting of a temporary visiting physician permit.
(3) A temporary visiting physician permit shall be
valid for no longer than (i) 180 days from the date of
issuance or (ii) until the time the medical, osteopathic,
chiropractic, or clinical studies are completed, or the
state or national medical, osteopathic, or chiropractic
professional association or society conference or meeting
has concluded, whichever occurs first. The temporary
visiting physician permit may be issued multiple times to
a visiting physician under this paragraph (3) as long as
the total number of days it is active do not exceed 180
days within a 365-day period.
(4) The applicant for a temporary visiting physician
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
physician permit.
(5) A limited temporary visiting physician permit
shall be issued to a physician licensed in another state
who has been requested to perform emergency procedures in
Illinois if he or she meets the requirements as
established by rule.
(C) Visiting resident permit.
(1) The Department may, in its discretion, issue a
temporary visiting resident permit, without examination,
provided:
(a) (blank);
(b) that the person maintains an equivalent
authorization to practice medicine in all of its
branches or to practice the treatment of human
ailments without the use of drugs and without
operative surgery in good standing in his or her
native licensing jurisdiction during the period of the
temporary visiting resident permit;
(c) that the applicant is enrolled in a
postgraduate clinical training program outside the
State of Illinois that is approved by the Department;
(d) that the individual has been invited or
appointed for a specific period of time to perform a
portion of that post graduate clinical training
program under the supervision of an Illinois licensed
physician in an Illinois patient care clinic or
facility that is affiliated with the out-of-State post
graduate training program; and
(e) that the temporary visiting resident permit
shall only permit the holder to practice medicine in
all of its branches or practice the treatment of human
ailments without the use of drugs and without
operative surgery within the scope of the medical,
osteopathic, chiropractic or clinical studies for
which the holder was invited or appointed.
(2) The application for the temporary visiting
resident permit shall be made to the Department, in
writing, on forms prescribed by the Department, and shall
be accompanied by the required fee established by rule.
The application shall require information that, in the
judgment of the Department, will enable the Department to
pass on the qualifications of the applicant.
(3) A temporary visiting resident permit shall be
valid for 180 days from the date of issuance or until the
time the medical, osteopathic, chiropractic, or clinical
studies are completed, whichever occurs first.
(4) The applicant for a temporary visiting resident
permit may be required to appear before the Medical
Licensing Board for an interview prior to, and as a
requirement for, the issuance of a temporary visiting
resident permit.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/19) (from Ch. 111, par. 4400-19)
(Section scheduled to be repealed on January 1, 2022)
Sec. 19. Licensure by endorsement. The Department may, in
its discretion, issue a license by endorsement to any person
who is currently licensed to practice medicine in all of its
branches, or a chiropractic physician, in any other state,
territory, country or province, upon the following conditions
and submitting evidence satisfactory to the Department of the
following:
(A) (Blank);
(B) That the applicant is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or activities which would
constitute grounds for discipline under this Act. The
Department may also request the applicant to submit, and
may consider as evidence of moral character, endorsements
from 2 or 3 individuals licensed under this Act;
(C) That the applicant is physically, mentally and
professionally capable of practicing medicine with
reasonable judgment, skill and safety. In determining
physical, mental and professional capacity under this
Section the Medical Licensing Board may, upon a showing of
a possible incapacity, compel an applicant to submit to a
mental or physical examination and evaluation, or both, in
the same manner as provided in Section 22 and may
condition or restrict any license, subject to the same
terms and conditions as are provided for the Medical
Disciplinary Board under Section 22 of this Act.
(D) That if the applicant seeks to practice medicine
in all of its branches:
(1) if the applicant was licensed in another
jurisdiction prior to January 1, 1988, that the
applicant has satisfied the educational requirements
of paragraph (1) of subsection (A) or paragraph (2) of
subsection (A) of Section 11 of this Act; or
(2) if the applicant was licensed in another
jurisdiction after December 31, 1987, that the
applicant has satisfied the educational requirements
of paragraph (A)(2) of Section 11 of this Act; and
(3) the requirements for a license to practice
medicine in all of its branches in the particular
state, territory, country or province in which the
applicant is licensed are deemed by the Department to
have been substantially equivalent to the requirements
for a license to practice medicine in all of its
branches in force in this State at the date of the
applicant's license;
(E) That if the applicant seeks to treat human
ailments without the use of drugs and without operative
surgery:
(1) the applicant is a graduate of a chiropractic
school or college approved by the Department at the
time of their graduation;
(2) the requirements for the applicant's license
to practice the treatment of human ailments without
the use of drugs are deemed by the Department to have
been substantially equivalent to the requirements for
a license to practice in this State at the date of the
applicant's license;
(F) That the Department may, in its discretion, issue
a license by endorsement to any graduate of a medical or
osteopathic college, reputable and in good standing in the
judgment of the Department, who has passed an examination
for admission to the United States Public Health Service,
or who has passed any other examination deemed by the
Department to have been at least equal in all substantial
respects to the examination required for admission to any
such medical corps;
(G) That applications for licenses by endorsement
shall be filed with the Department, under oath, on forms
prepared and furnished by the Department, and shall set
forth, and applicants therefor shall supply such
information respecting the life, education, professional
practice, and moral character of applicants as the
Department may require to be filed for its use;
(H) That the applicant undergo the criminal background
check established under Section 9.7 of this Act.
In the exercise of its discretion under this Section, the
Department is empowered to consider and evaluate each
applicant on an individual basis. It may take into account,
among other things: the extent to which the applicant will
bring unique experience and skills to the State of Illinois or
the extent to which there is or is not available to the
Department authentic and definitive information concerning the
quality of medical education and clinical training which the
applicant has had. Under no circumstances shall a license be
issued under the provisions of this Section to any person who
has previously taken and failed the written examination
conducted by the Department for such license. In the exercise
of its discretion under this Section, the Department may
require an applicant to successfully complete an examination
as recommended by the Medical Licensing Board. The Department
may also request the applicant to submit, and may consider as
evidence of moral character, evidence from 2 or 3 individuals
licensed under this Act. Applicants have 3 years from the date
of application to complete the application process. If the
process has not been completed within 3 years, the application
shall be denied, the fees shall be forfeited, and the
applicant must reapply and meet the requirements in effect at
the time of reapplication.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/21) (from Ch. 111, par. 4400-21)
(Section scheduled to be repealed on January 1, 2022)
Sec. 21. License renewal; reinstatement; inactive status;
disposition and collection of fees.
(A) Renewal. The expiration date and renewal period for
each license issued under this Act shall be set by rule. The
holder of a license may renew the license by paying the
required fee. The holder of a license may also renew the
license within 90 days after its expiration by complying with
the requirements for renewal and payment of an additional fee.
A license renewal within 90 days after expiration shall be
effective retroactively to the expiration date.
The Department shall attempt to provide through electronic
means to each licensee under this Act, at least 60 days in
advance of the expiration date of his or her license, a renewal
notice. No such license shall be deemed to have lapsed until 90
days after the expiration date and after the Department has
attempted to provide such notice as herein provided.
(B) Reinstatement. Any licensee who has permitted his or
her license to lapse or who has had his or her license on
inactive status may have his or her license reinstated by
making application to the Department and filing proof
acceptable to the Department of his or her fitness to have the
license reinstated, including evidence certifying to active
practice in another jurisdiction satisfactory to the
Department, proof of meeting the continuing education
requirements for one renewal period, and by paying the
required reinstatement fee.
If the licensee has not maintained an active practice in
another jurisdiction satisfactory to the Department, the
Medical Licensing Board shall determine, by an evaluation
program established by rule, the applicant's fitness to resume
active status and may require the licensee to complete a
period of evaluated clinical experience and may require
successful completion of a practical examination specified by
the Medical Licensing Board.
However, any registrant whose license has expired while he
or she has been engaged (a) in Federal Service on active duty
with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, the Public
Health Service or the State Militia called into the service or
training of the United States of America, or (b) in training or
education under the supervision of the United States
preliminary to induction into the military service, may have
his or her license reinstated without paying any lapsed
renewal fees, if within 2 years after honorable termination of
such service, training, or education, he or she furnishes to
the Department with satisfactory evidence to the effect that
he or she has been so engaged and that his or her service,
training, or education has been so terminated.
(C) Inactive licenses. Any licensee who notifies the
Department, in writing on forms prescribed by the Department,
may elect to place his or her license on an inactive status and
shall, subject to rules of the Department, be excused from
payment of renewal fees until he or she notifies the
Department in writing of his or her desire to resume active
status.
Any licensee requesting reinstatement from inactive status
shall be required to pay the current renewal fee, provide
proof of meeting the continuing education requirements for the
period of time the license is inactive not to exceed one
renewal period, and shall be required to reinstate his or her
license as provided in subsection (B).
Any licensee whose license is in an inactive status shall
not practice in the State of Illinois.
(D) Disposition of monies collected. All monies collected
under this Act by the Department shall be deposited in the
Illinois State Medical Disciplinary Fund in the State
Treasury, and used only for the following purposes: (a) by the
Medical Disciplinary Board and Licensing Board in the exercise
of its powers and performance of its duties, as such use is
made by the Department with full consideration of all
recommendations of the Medical Disciplinary Board and
Licensing Board, (b) for costs directly related to persons
licensed under this Act, and (c) for direct and allocable
indirect costs related to the public purposes of the
Department.
Moneys in the Fund may be transferred to the Professions
Indirect Cost Fund as authorized under Section 2105-300 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
All earnings received from investment of monies in the
Illinois State Medical Disciplinary Fund shall be deposited in
the Illinois State Medical Disciplinary Fund and shall be used
for the same purposes as fees deposited in such Fund.
(E) Fees. The following fees are nonrefundable.
(1) Applicants for any examination shall be required
to pay, either to the Department or to the designated
testing service, a fee covering the cost of determining
the applicant's eligibility and providing the examination.
Failure to appear for the examination on the scheduled
date, at the time and place specified, after the
applicant's application for examination has been received
and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the
examination fee.
(2) Before July 1, 2018, the fee for a license under
Section 9 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 9 of this Act is $500.
(3) Before July 1, 2018, the fee for a license under
Section 19 of this Act is $700. Beginning on July 1, 2018,
the fee for a license under Section 19 of this Act is $500.
(4) Before July 1, 2018, the fee for the renewal of a
license for a resident of Illinois shall be calculated at
the rate of $230 per year, and beginning on July 1, 2018
and until January 1, 2020, the fee for the renewal of a
license shall be $167, except for licensees who were
issued a license within 12 months of the expiration date
of the license, before July 1, 2018, the fee for the
renewal shall be $230, and beginning on July 1, 2018 and
until January 1, 2020 that fee will be $167. Before July 1,
2018, the fee for the renewal of a license for a
nonresident shall be calculated at the rate of $460 per
year, and beginning on July 1, 2018 and until January 1,
2020, the fee for the renewal of a license for a
nonresident shall be $250, except for licensees who were
issued a license within 12 months of the expiration date
of the license, before July 1, 2018, the fee for the
renewal shall be $460, and beginning on July 1, 2018 and
until January 1, 2020 that fee will be $250. Beginning on
January 1, 2020, the fee for renewal of a license for a
resident or nonresident is $181 per year.
(5) The fee for the reinstatement of a license other
than from inactive status, is $230. In addition, payment
of all lapsed renewal fees not to exceed $1,400 is
required.
(6) The fee for a 3-year temporary license under
Section 17 is $230.
(7) The fee for the issuance of a license with a change
of name or address other than during the renewal period is
$20. No fee is required for name and address changes on
Department records when no updated license is issued.
(8) The fee to be paid for a license record for any
purpose is $20.
(9) The fee to be paid to have the scoring of an
examination, administered by the Department, reviewed and
verified, is $20 plus any fees charged by the applicable
testing service.
(F) Any person who delivers a check or other payment to the
Department that is returned to the Department unpaid by the
financial institution upon which it is drawn shall pay to the
Department, in addition to the amount already owed to the
Department, a fine of $50. The fines imposed by this Section
are in addition to any other discipline provided under this
Act for unlicensed practice or practice on a nonrenewed
license. The Department shall notify the person that payment
of fees and fines shall be paid to the Department by certified
check or money order within 30 calendar days of the
notification. If, after the expiration of 30 days from the
date of the notification, the person has failed to submit the
necessary remittance, the Department shall automatically
terminate the license or permit or deny the application,
without hearing. If, after termination or denial, the person
seeks a license or permit, he or she shall apply to the
Department for reinstatement or issuance of the license or
permit and pay all fees and fines due to the Department. The
Department may establish a fee for the processing of an
application for reinstatement of a license or permit to pay
all expenses of processing this application. The Secretary may
waive the fines due under this Section in individual cases
where the Secretary finds that the fines would be unreasonable
or unnecessarily burdensome.
(Source: P.A. 101-316, eff. 8-9-19; 101-603, eff. 1-1-20.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the
following grounds:
(1) (Blank).
(2) (Blank).
(3) A plea of guilty or nolo contendere, finding of
guilt, jury verdict, or entry of judgment or sentencing,
including, but not limited to, convictions, preceding
sentences of supervision, conditional discharge, or first
offender probation, under the laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,
treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Disciplinary Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Disciplinary Board that
the registrant after having his or her license placed on
probationary status or subjected to conditions or
restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of
Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which
demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempt to subvert the licensing
examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the
United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,
legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of
1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents
alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
their practice only upon the entry of a Departmental order
based upon a finding by the Medical Disciplinary Board that
the person has they have been determined to be recovered from
mental illness by the court and upon the Medical Disciplinary
Board's recommendation that the person they be permitted to
resume his or her their practice.
The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Disciplinary Board, shall adopt rules which set forth
standards to be used in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Disciplinary Board
or the Licensing Board, upon a showing of a possible
violation, may compel, in the case of the Disciplinary Board,
any individual who is licensed to practice under this Act or
holds a permit to practice under this Act, or, in the case of
the Licensing Board, any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Licensing Board or Disciplinary
Board and at the expense of the Department. The Medical
Disciplinary Board or Licensing Board shall specifically
designate the examining physician licensed to practice
medicine in all of its branches or, if applicable, the
multidisciplinary team involved in providing the mental or
physical examination and evaluation, or both. The
multidisciplinary team shall be led by a physician licensed to
practice medicine in all of its branches and may consist of one
or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing. The Medical Disciplinary Board,
the Licensing Board, or the Department may order the examining
physician or any member of the multidisciplinary team to
provide to the Department, the Disciplinary Board, or the
Medical Licensing Board any and all records, including
business records, that relate to the examination and
evaluation, including any supplemental testing performed. The
Medical Disciplinary Board, the Licensing Board, or the
Department may order the examining physician or any member of
the multidisciplinary team to present testimony concerning
this examination and evaluation of the licensee, permit
holder, or applicant, including testimony concerning any
supplemental testing or documents relating to the examination
and evaluation. No information, report, record, or other
documents in any way related to the examination and evaluation
shall be excluded by reason of any common law or statutory
privilege relating to communication between the licensee,
permit holder, or applicant and the examining physician or any
member of the multidisciplinary team. No authorization is
necessary from the licensee, permit holder, or applicant
ordered to undergo an evaluation and examination for the
examining physician or any member of the multidisciplinary
team to provide information, reports, records, or other
documents or to provide any testimony regarding the
examination and evaluation. The individual to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of the examination.
Failure of any individual to submit to mental or physical
examination and evaluation, or both, when directed, shall
result in an automatic suspension, without hearing, until such
time as the individual submits to the examination. If the
Medical Disciplinary Board or Licensing Board finds a
physician unable to practice following an examination and
evaluation because of the reasons set forth in this Section,
the Medical Disciplinary Board or Licensing Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Disciplinary Board, as a
condition for issued, continued, reinstated, or renewed
licensure to practice. Any physician, whose license was
granted pursuant to Sections 9, 17, or 19 of this Act, or,
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions, or restrictions who shall
fail to comply with such terms, conditions, or restrictions,
or to complete a required program of care, counseling, or
treatment, as determined by the Chief Medical Coordinator or
Deputy Medical Coordinators, shall be referred to the
Secretary for a determination as to whether the licensee shall
have his or her their license suspended immediately, pending a
hearing by the Medical Disciplinary Board. In instances in
which the Secretary immediately suspends a license under this
Section, a hearing upon such person's license must be convened
by the Medical Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. The
Medical Disciplinary Board shall have the authority to review
the subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Disciplinary Board that he or she they can resume
practice in compliance with acceptable and prevailing
standards under the provisions of his or her their license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this
subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Medical Board finds
that a physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of 1995.
Upon the Medical Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and
for a second or subsequent violation, a civil penalty of
$5,000.
(Source: P.A. 100-429, eff. 8-25-17; 100-513, eff. 1-1-18;
100-605, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1137, eff.
1-1-19; 101-13, eff. 6-12-19; 101-81, eff. 7-12-19; 101-363,
eff. 8-9-19; revised 9-20-19.)
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on January 1, 2022)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Medical Disciplinary Board when any person's
clinical privileges are terminated or are restricted based
on a final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may endanger patients
under that person's care. Such officer also shall report
if a person accepts voluntary termination or restriction
of clinical privileges in lieu of formal action based upon
conduct related directly to patient care or in lieu of
formal action seeking to determine whether a person may
have a mental or physical disability that may endanger
patients under that person's care. The Medical
Disciplinary Board shall, by rule, provide for the
reporting to it by health care institutions of all
instances in which a person, licensed under this Act, who
is impaired by reason of age, drug or alcohol abuse or
physical or mental impairment, is under supervision and,
where appropriate, is in a program of rehabilitation. Such
reports shall be strictly confidential and may be reviewed
and considered only by the members of the Medical
Disciplinary Board, or by authorized staff as provided by
rules of the Medical Disciplinary Board. Provisions shall
be made for the periodic report of the status of any such
person not less than twice annually in order that the
Medical Disciplinary Board shall have current information
upon which to determine the status of any such person.
Such initial and periodic reports of impaired physicians
shall not be considered records within the meaning of The
State Records Act and shall be disposed of, following a
determination by the Medical Disciplinary Board that such
reports are no longer required, in a manner and at such
time as the Medical Disciplinary Board shall determine by
rule. The filing of such reports shall be construed as the
filing of a report for purposes of subsection (C) of this
Section.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Medical Disciplinary Board if a person
engaged in a post-graduate clinical training program at
the institution, including, but not limited to, a
residency or fellowship, separates from the program for
any reason prior to its conclusion. The program director
shall provide all documentation relating to the separation
if, after review of the report, the Medical Disciplinary
Board determines that a review of those documents is
necessary to determine whether a violation of this Act
occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of
persons licensed under this Act, operating within this
State shall report to the Medical Disciplinary Board when
the association or society renders a final determination
that a person has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability that may endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other
entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Medical Disciplinary Board the settlement of any claim or
cause of action, or final judgment rendered in any cause
of action, which alleged negligence in the furnishing of
medical care by such licensed person when such settlement
or final judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Medical Disciplinary Board,
within 5 days, any instances in which a person licensed
under this Act is convicted of any felony or Class A
misdemeanor. The State's Attorney of each county may
report to the Medical Disciplinary Board through a
verified complaint any instance in which the State's
Attorney believes that a physician has willfully violated
the notice requirements of the Parental Notice of Abortion
Act of 1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Medical
Disciplinary Board any instance arising in connection with
the operations of such agency, including the
administration of any law by such agency, in which a
person licensed under this Act has either committed an act
or acts which may be a violation of this Act or which may
constitute unprofessional conduct related directly to
patient care or which indicates that a person licensed
under this Act may have a mental or physical disability
that may endanger patients under that person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Medical Disciplinary
Board in a timely fashion. Unless otherwise provided in this
Section, the reports shall be filed in writing within 60 days
after a determination that a report is required under this
Act. All reports shall contain the following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at
issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise
to the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the
report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Medical Disciplinary Board or Department may also
exercise the power under Section 38 of this Act to subpoena
copies of hospital or medical records in mandatory report
cases alleging death or permanent bodily injury. Appropriate
rules shall be adopted by the Department with the approval of
the Medical Disciplinary Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to in any way,
waive or modify the confidentiality of medical reports and
committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Medical Disciplinary Board, the
Medical Coordinators, the Medical Disciplinary Board's
attorneys, the medical investigative staff, and authorized
clerical staff, as provided in this Act, and shall be afforded
the same status as is provided information concerning medical
studies in Part 21 of Article VIII of the Code of Civil
Procedure, except that the Department may disclose information
and documents to a federal, State, or local law enforcement
agency pursuant to a subpoena in an ongoing criminal
investigation or to a health care licensing body or medical
licensing authority of this State or another state or
jurisdiction pursuant to an official request made by that
licensing body or medical licensing authority. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense,
or, in the case of disclosure to a health care licensing body
or medical licensing authority, only for investigations and
disciplinary action proceedings with regard to a license.
Information and documents disclosed to the Department of
Public Health may be used by that Department only for
investigation and disciplinary action regarding the license of
a health care institution licensed by the Department of Public
Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Medical Disciplinary Board
or a peer review committee, or assisting in the investigation
or preparation of such information, or by voluntarily
reporting to the Medical Disciplinary Board or a peer review
committee information regarding alleged errors or negligence
by a person licensed under this Act, or by participating in
proceedings of the Medical Disciplinary Board or a peer review
committee, or by serving as a member of the Medical
Disciplinary Board or a peer review committee, shall not, as a
result of such actions, be subject to criminal prosecution or
civil damages.
(D) Indemnification. Members of the Medical Disciplinary
Board, the Licensing Board, the Medical Coordinators, the
Medical Disciplinary Board's attorneys, the medical
investigative staff, physicians retained under contract to
assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Medical Disciplinary Board or
Licensing Board, done in good faith and not wilful and wanton
in nature. The Attorney General shall defend all such actions
unless he or she determines either that there would be a
conflict of interest in such representation or that the
actions complained of were not in good faith or were wilful and
wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Medical Disciplinary Board. Failure to so
notify the Attorney General shall constitute an absolute
waiver of the right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Medical Disciplinary Board. Upon the
receipt of any report called for by this Act, other than those
reports of impaired persons licensed under this Act required
pursuant to the rules of the Medical Disciplinary Board, the
Medical Disciplinary Board shall notify in writing, by
certified mail or email, the person who is the subject of the
report. Such notification shall be made within 30 days of
receipt by the Medical Disciplinary Board of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the Medical
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Medical Disciplinary Board of
the existence of the original report.
The Medical Disciplinary Board shall review all reports
received by it, together with any supporting information and
responding statements submitted by persons who are the subject
of reports. The review by the Medical Disciplinary Board shall
be in a timely manner but in no event, shall the Medical
Disciplinary Board's initial review of the material contained
in each disciplinary file be less than 61 days nor more than
180 days after the receipt of the initial report by the Medical
Disciplinary Board.
When the Medical Disciplinary Board makes its initial
review of the materials contained within its disciplinary
files, the Medical Disciplinary Board shall, in writing, make
a determination as to whether there are sufficient facts to
warrant further investigation or action. Failure to make such
determination within the time provided shall be deemed to be a
determination that there are not sufficient facts to warrant
further investigation or action.
Should the Medical Disciplinary Board find that there are
not sufficient facts to warrant further investigation, or
action, the report shall be accepted for filing and the matter
shall be deemed closed and so reported to the Secretary. The
Secretary shall then have 30 days to accept the Medical
Disciplinary Board's decision or request further
investigation. The Secretary shall inform the Medical Board of
the decision to request further investigation, including the
specific reasons for the decision. The individual or entity
filing the original report or complaint and the person who is
the subject of the report or complaint shall be notified in
writing by the Secretary of any final action on their report or
complaint. The Department shall disclose to the individual or
entity who filed the original report or complaint, on request,
the status of the Medical Disciplinary Board's review of a
specific report or complaint. Such request may be made at any
time, including prior to the Medical Disciplinary Board's
determination as to whether there are sufficient facts to
warrant further investigation or action.
(F) Summary reports. The Medical Disciplinary Board shall
prepare, on a timely basis, but in no event less than once
every other month, a summary report of final disciplinary
actions taken upon disciplinary files maintained by the
Medical Disciplinary Board. The summary reports shall be made
available to the public upon request and payment of the fees
set by the Department. This publication may be made available
to the public on the Department's website. Information or
documentation relating to any disciplinary file that is closed
without disciplinary action taken shall not be disclosed and
shall be afforded the same status as is provided by Part 21 of
Article VIII of the Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or
for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such person has violated or is
violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15.)
(225 ILCS 60/24) (from Ch. 111, par. 4400-24)
(Section scheduled to be repealed on January 1, 2022)
Sec. 24. Report of violations; medical associations.
(a) Any physician licensed under this Act, the Illinois
State Medical Society, the Illinois Association of Osteopathic
Physicians and Surgeons, the Illinois Chiropractic Society,
the Illinois Prairie State Chiropractic Association, or any
component societies of any of these 4 groups, and any other
person, may report to the Medical Disciplinary Board any
information the physician, association, society, or person may
have that appears to show that a physician is or may be in
violation of any of the provisions of Section 22 of this Act.
(b) The Department may enter into agreements with the
Illinois State Medical Society, the Illinois Association of
Osteopathic Physicians and Surgeons, the Illinois Prairie
State Chiropractic Association, or the Illinois Chiropractic
Society to allow these organizations to assist the Medical
Disciplinary Board in the review of alleged violations of this
Act. Subject to the approval of the Department, any
organization party to such an agreement may subcontract with
other individuals or organizations to assist in review.
(c) Any physician, association, society, or person
participating in good faith in the making of a report under
this Act or participating in or assisting with an
investigation or review under this Act shall have immunity
from any civil, criminal, or other liability that might result
by reason of those actions.
(d) The medical information in the custody of an entity
under contract with the Department participating in an
investigation or review shall be privileged and confidential
to the same extent as are information and reports under the
provisions of Part 21 of Article VIII of the Code of Civil
Procedure.
(e) Upon request by the Department after a mandatory
report has been filed with the Department, an attorney for any
party seeking to recover damages for injuries or death by
reason of medical, hospital, or other healing art malpractice
shall provide patient records related to the physician
involved in the disciplinary proceeding to the Department
within 30 days of the Department's request for use by the
Department in any disciplinary matter under this Act. An
attorney who provides patient records to the Department in
accordance with this requirement shall not be deemed to have
violated any attorney-client privilege. Notwithstanding any
other provision of law, consent by a patient shall not be
required for the provision of patient records in accordance
with this requirement.
(f) For the purpose of any civil or criminal proceedings,
the good faith of any physician, association, society or
person shall be presumed.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/25) (from Ch. 111, par. 4400-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25. The Secretary of the Department may, upon receipt
of a written communication from the Secretary of Human
Services, the Director of Healthcare and Family Services
(formerly Director of Public Aid), or the Director of Public
Health that continuation of practice of a person licensed
under this Act constitutes an immediate danger to the public,
and after consultation with the Chief Medical Coordinator or
Deputy Medical Coordinator, immediately suspend the license of
such person without a hearing. In instances in which the
Secretary immediately suspends a license under this Section, a
hearing upon such person's license must be convened by the
Medical Disciplinary Board within 15 days after such
suspension and completed without appreciable delay. Such
hearing is to be held to determine whether to recommend to the
Secretary that the person's license be revoked, suspended,
placed on probationary status or reinstated, or whether such
person should be subject to other disciplinary action. In the
hearing, the written communication and any other evidence
submitted therewith may be introduced as evidence against such
person; provided however, the person, or their counsel, shall
have the opportunity to discredit, impeach and submit evidence
rebutting such evidence.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/35) (from Ch. 111, par. 4400-35)
(Section scheduled to be repealed on January 1, 2022)
Sec. 35. The Secretary shall have the authority to appoint
an attorney duly licensed to practice law in the State of
Illinois to serve as the hearing officer in any action to
suspend, revoke, place on probationary status, or take any
other disciplinary action with regard to a license. The
hearing officer shall have full authority to conduct the
hearing. The hearing officer shall report his findings and
recommendations to the Medical Disciplinary Board or Licensing
Board within 30 days of the receipt of the record. The Medical
Disciplinary Board or Licensing Board shall have 60 days from
receipt of the report to review the report of the hearing
officer and present their findings of fact, conclusions of law
and recommendations to the Secretary.
(Source: P.A. 100-429, eff. 8-25-17.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on January 1, 2022)
Sec. 36. Investigation; notice.
(a) Upon the motion of either the Department or the
Medical Disciplinary Board or upon the verified complaint in
writing of any person setting forth facts which, if proven,
would constitute grounds for suspension or revocation under
Section 22 of this Act, the Department shall investigate the
actions of any person, so accused, who holds or represents
that he or she holds a license. Such person is hereinafter
called the accused.
(b) The Department shall, before suspending, revoking,
placing on probationary status, or taking any other
disciplinary action as the Department may deem proper with
regard to any license at least 30 days prior to the date set
for the hearing, notify the accused in writing of any charges
made and the time and place for a hearing of the charges before
the Medical Disciplinary Board, direct him or her to file his
or her written answer thereto to the Medical Disciplinary
Board under oath within 20 days after the service on him or her
of such notice and inform him or her that if he or she fails to
file such answer default will be taken against him or her and
his or her license may be suspended, revoked, placed on
probationary status, or have other disciplinary action,
including limiting the scope, nature or extent of his or her
practice, as the Department may deem proper taken with regard
thereto. The Department shall, at least 14 days prior to the
date set for the hearing, notify in writing any person who
filed a complaint against the accused of the time and place for
the hearing of the charges against the accused before the
Medical Disciplinary Board and inform such person whether he
or she may provide testimony at the hearing.
(c) (Blank).
(d) Such written notice and any notice in such proceedings
thereafter may be served by personal delivery, email to the
respondent's email address of record, or mail to the
respondent's address of record.
(e) All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, the Medical
Disciplinary Board, the Medical Coordinators, persons employed
by contract to advise the Medical Coordinator or the
Department, the Medical Disciplinary Board's attorneys, the
medical investigative staff, and authorized clerical staff, as
provided in this Act and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a
federal, State, or local law enforcement agency pursuant to a
subpoena in an ongoing criminal investigation to a health care
licensing body of this State or another state or jurisdiction
pursuant to an official request made by that licensing body.
Furthermore, information and documents disclosed to a federal,
State, or local law enforcement agency may be used by that
agency only for the investigation and prosecution of a
criminal offense or, in the case of disclosure to a health care
licensing body, only for investigations and disciplinary
action proceedings with regard to a license issued by that
licensing body.
(Source: P.A. 101-13, eff. 6-12-19; 101-316, eff. 8-9-19;
revised 9-20-19.)
(225 ILCS 60/37) (from Ch. 111, par. 4400-37)
(Section scheduled to be repealed on January 1, 2022)
Sec. 37. Disciplinary actions.
(a) At the time and place fixed in the notice, the Medical
Disciplinary Board provided for in this Act shall proceed to
hear the charges, and the accused person shall be accorded
ample opportunity to present in person, or by counsel, such
statements, testimony, evidence and argument as may be
pertinent to the charges or to any defense thereto. The
Medical Disciplinary Board may continue such hearing from time
to time. If the Medical Disciplinary Board is not sitting at
the time and place fixed in the notice or at the time and place
to which the hearing has been continued, the Department shall
continue such hearing for a period not to exceed 30 days.
(b) In case the accused person, after receiving notice,
fails to file an answer, their license may, in the discretion
of the Secretary, having received first the recommendation of
the Medical Disciplinary Board, be suspended, revoked or
placed on probationary status, or the Secretary may take
whatever disciplinary action as he or she may deem proper,
including limiting the scope, nature, or extent of said
person's practice, without a hearing, if the act or acts
charged constitute sufficient grounds for such action under
this Act.
(c) The Medical Disciplinary Board has the authority to
recommend to the Secretary that probation be granted or that
other disciplinary or non-disciplinary action, including the
limitation of the scope, nature or extent of a person's
practice, be taken as it deems proper. If disciplinary or
non-disciplinary action, other than suspension or revocation,
is taken the Medical Disciplinary Board may recommend that the
Secretary impose reasonable limitations and requirements upon
the accused registrant to ensure insure compliance with the
terms of the probation or other disciplinary action including,
but not limited to, regular reporting by the accused to the
Department of their actions, placing themselves under the care
of a qualified physician for treatment, or limiting their
practice in such manner as the Secretary may require.
(d) The Secretary, after consultation with the Chief
Medical Coordinator or Deputy Medical Coordinator, may
temporarily suspend the license of a physician without a
hearing, simultaneously with the institution of proceedings
for a hearing provided under this Section if the Secretary
finds that evidence in his or her possession indicates that a
physician's continuation in practice would constitute an
immediate danger to the public. In the event that the
Secretary suspends, temporarily, the license of a physician
without a hearing, a hearing by the Medical Disciplinary Board
shall be held within 15 days after such suspension has
occurred and shall be concluded without appreciable delay.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/38) (from Ch. 111, par. 4400-38)
(Section scheduled to be repealed on January 1, 2022)
Sec. 38. Subpoena; oaths.
(a) The Medical Disciplinary Board or Department has power
to subpoena and bring before it any person in this State and to
take testimony either orally or by deposition, or both, with
the same fees and mileage and in the same manner as is
prescribed by law for judicial procedure in civil cases.
(b) The Medical Disciplinary Board or Department, upon a
determination that probable cause exists that a violation of
one or more of the grounds for discipline listed in Section 22
has occurred or is occurring, may subpoena the medical and
hospital records of individual patients of physicians licensed
under this Act, provided, that prior to the submission of such
records to the Medical Disciplinary Board, all information
indicating the identity of the patient shall be removed and
deleted. Notwithstanding the foregoing, the Medical
Disciplinary Board and Department shall possess the power to
subpoena copies of hospital or medical records in mandatory
report cases under Section 23 alleging death or permanent
bodily injury when consent to obtain records is not provided
by a patient or legal representative. Prior to submission of
the records to the Medical Disciplinary Board, all information
indicating the identity of the patient shall be removed and
deleted. All medical records and other information received
pursuant to subpoena shall be confidential and shall be
afforded the same status as is proved information concerning
medical studies in Part 21 of Article VIII of the Code of Civil
Procedure. The use of such records shall be restricted to
members of the Medical Disciplinary Board, the medical
coordinators, and appropriate staff of the Department
designated by the Medical Disciplinary Board for the purpose
of determining the existence of one or more grounds for
discipline of the physician as provided for by Section 22 of
this Act. Any such review of individual patients' records
shall be conducted by the Medical Disciplinary Board in strict
confidentiality, provided that such patient records shall be
admissible in a disciplinary hearing, before the Medical
Disciplinary Board, when necessary to substantiate the grounds
for discipline alleged against the physician licensed under
this Act, and provided further, that nothing herein shall be
deemed to supersede the provisions of Part 21 of Article VIII
of the "Code of Civil Procedure", as now or hereafter amended,
to the extent applicable.
(c) The Secretary, hearing officer, and any member of the
Medical Disciplinary Board each have power to administer oaths
at any hearing which the Medical Disciplinary Board or
Department is authorized by law to conduct.
(d) The Medical Disciplinary Board, upon a determination
that probable cause exists that a violation of one or more of
the grounds for discipline listed in Section 22 has occurred
or is occurring on the business premises of a physician
licensed under this Act, may issue an order authorizing an
appropriately qualified investigator employed by the
Department to enter upon the business premises with due
consideration for patient care of the subject of the
investigation so as to inspect the physical premises and
equipment and furnishings therein. No such order shall include
the right of inspection of business, medical, or personnel
records located on the premises. For purposes of this Section,
"business premises" is defined as the office or offices where
the physician conducts the practice of medicine. Any such
order shall expire and become void five business days after
its issuance by the Medical Disciplinary Board. The execution
of any such order shall be valid only during the normal
business hours of the facility or office to be inspected.
(Source: P.A. 101-316, eff. 8-9-19.)
(225 ILCS 60/39) (from Ch. 111, par. 4400-39)
(Section scheduled to be repealed on January 1, 2022)
Sec. 39. Certified shorthand reporter; record. The
Department, at its expense, shall provide a certified
shorthand reporter to take down the testimony and preserve a
record of all proceedings at the hearing of any case wherein a
license may be revoked, suspended, placed on probationary
status, or other disciplinary action taken with regard thereto
in accordance with Section 2105-115 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of
the hearing officer, exhibits, the report of the Medical
Board, and the orders of the Department constitute the record
of the proceedings.
(Source: P.A. 100-429, eff. 8-25-17; 101-316, eff. 8-9-19.)
(225 ILCS 60/40) (from Ch. 111, par. 4400-40)
(Section scheduled to be repealed on January 1, 2022)
Sec. 40. Findings and recommendations; rehearing.
(a) The Medical Disciplinary Board shall present to the
Secretary a written report of its findings and
recommendations. A copy of such report shall be served upon
the accused person, either personally or by mail or email.
Within 20 days after such service, the accused person may
present to the Department his or her motion, in writing, for a
rehearing, which written motion shall specify the particular
ground therefor. If the accused person orders and pays for a
transcript of the record as provided in Section 39, the time
elapsing thereafter and before such transcript is ready for
delivery to them shall not be counted as part of such 20 days.
(b) At the expiration of the time allowed for filing a
motion for rehearing, the Secretary may take the action
recommended by the Medical Disciplinary Board. Upon the
suspension, revocation, placement on probationary status, or
the taking of any other disciplinary action, including the
limiting of the scope, nature, or extent of one's practice,
deemed proper by the Department, with regard to the license or
permit, the accused shall surrender his or her license or
permit to the Department, if ordered to do so by the
Department, and upon his or her failure or refusal so to do,
the Department may seize the same.
(c) Each order of revocation, suspension, or other
disciplinary action shall contain a brief, concise statement
of the ground or grounds upon which the Department's action is
based, as well as the specific terms and conditions of such
action. This document shall be retained as a permanent record
by the Department Disciplinary Board and the Secretary.
(d) (Blank). The Department shall at least annually
publish a list of the names of all persons disciplined under
this Act in the preceding 12 months. Such lists shall be
available by the Department on its website.
(e) In those instances where an order of revocation,
suspension, or other disciplinary action has been rendered by
virtue of a physician's physical illness, including, but not
limited to, deterioration through the aging process, or loss
of motor skill which results in a physician's inability to
practice medicine with reasonable judgment, skill, or safety,
the Department shall only permit this document, and the record
of the hearing incident thereto, to be observed, inspected,
viewed, or copied pursuant to court order.
(Source: P.A. 101-316, eff. 8-9-19.)
(225 ILCS 60/41) (from Ch. 111, par. 4400-41)
(Section scheduled to be repealed on January 1, 2022)
Sec. 41. Administrative review; certification of record.
(a) All final administrative decisions of the Department
are subject to judicial review pursuant to the Administrative
Review Law and its rules. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides; but if the party is not a resident of this
State, the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court, to file an answer in court, or to
otherwise appear in any court in a judicial review proceeding
unless and until the Department has received from the
plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department.
Exhibits shall be certified without cost. Failure on the part
of the plaintiff to file a receipt in court shall be grounds
for dismissal of the action. During the pendency and hearing
of any and all judicial proceedings incident to the
disciplinary action the sanctions imposed upon the accused by
the Department because of acts or omissions related to the
delivery of direct patient care as specified in the
Department's final administrative decision, shall as a matter
of public policy remain in full force and effect in order to
protect the public pending final resolution of any of the
proceedings.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/42) (from Ch. 111, par. 4400-42)
(Section scheduled to be repealed on January 1, 2022)
Sec. 42. An order of revocation, suspension, placing the
license on probationary status, or other formal disciplinary
action as the Department may deem proper, or a certified copy
thereof, over the seal of the Department and purporting to be
signed by the Secretary, is prima facie proof that:
(a) Such signature is the genuine signature of the
Secretary;
(b) The Secretary is duly appointed and qualified; and
(c) The Medical Disciplinary Board and the members
thereof are qualified.
Such proof may be rebutted.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/44) (from Ch. 111, par. 4400-44)
(Section scheduled to be repealed on January 1, 2022)
Sec. 44. None of the disciplinary functions, powers and
duties enumerated in this Act shall be exercised by the
Department except upon the action and report in writing of the
Medical Disciplinary Board.
In all instances, under this Act, in which the Medical
Disciplinary Board has rendered a recommendation to the
Secretary with respect to a particular physician, the
Secretary may take action contrary to the recommendation of
the Medical Board. In shall, in the event that the Secretary he
or she disagrees with or takes action contrary to the
recommendation of the Medical Disciplinary Board, file with
the Medical Disciplinary Board his or her specific written
reasons of disagreement with the Medical Disciplinary Board.
Such reasons shall be filed within 30 days of the occurrence of
the Secretary's contrary position having been taken.
The action and report in writing of a majority of the
Medical Disciplinary Board designated is sufficient authority
upon which the Secretary may act.
Whenever the Secretary is satisfied that substantial
justice has not been done either in an examination, or in a
formal disciplinary action, or refusal to restore a license,
he or she may order a reexamination or rehearing by the same or
other examiners.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/47) (from Ch. 111, par. 4400-47)
(Section scheduled to be repealed on January 1, 2022)
Sec. 47. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation or renewal of the license is
specifically excluded. For the purposes of this Act the notice
required under Section 10-25 of the Illinois Administrative
Procedure Act is deemed sufficient when mailed or emailed to
the address of record of a party.
(Source: P.A. 97-622, eff. 11-23-11.)
Section 25. The Boxing and Full-contact Martial Arts Act
is amended by changing Sections 1, 2, 5, 6, 7, 8, 10, 11, 12,
13, 15, 16, 17, 17.7, 17.8, 17.9, 18, 19, 19.1, 19.5, 20, 21,
22, 23, 23.1, 24, 24.5, and 25.1 and by adding Sections 1.4 and
2.5 as follows:
(225 ILCS 105/1) (from Ch. 111, par. 5001)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1. Short title and definitions.
(a) This Act may be cited as the Boxing and Full-contact
Martial Arts Act.
(b) As used in this Act:
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation or a person authorized by the
Secretary to act in the Secretary's stead.
"Board" means the State of Illinois Athletic Board
established pursuant to this Act.
"License" means the license issued for promoters,
professionals, amateurs, or officials in accordance with
this Act.
"Contest Professional contest" means a boxing or
full-contact martial arts competition in which all of the
participants competing against one another are
professionals or amateurs and where the public is able to
attend or a fee is charged.
"Permit" means the authorization from the Department
to a promoter to conduct professional or amateur contests,
or a combination of both.
"Promoter" means a person who is licensed and who
holds a permit to conduct professional or amateur
contests, or a combination of both.
Unless the context indicates otherwise, "person"
includes, but is not limited to, an individual,
association, organization, business entity, gymnasium, or
club.
"Judge" means a person licensed by the Department who
is located at ringside or adjacent to the fighting area
during a professional contest and who has the
responsibility of scoring the performance of the
participants in that professional or amateur contest.
"Referee" means a person licensed by the Department
who has the general supervision of and is present inside
of the ring or fighting area during a professional or
amateur contest.
"Amateur" means a person licensed registered by the
Department who is not competing for, and has never
received or competed for, any purse or other article of
value, directly or indirectly, either for participating in
any contest or for the expenses of training therefor,
other than a non-monetary prize that does not exceed $50
in value.
"Professional" means a person licensed by the
Department who competes for a money prize, purse, or other
type of compensation in a professional contest held in
Illinois.
"Second" means a person licensed by the Department who
is present at any professional or amateur contest to
provide assistance or advice to a professional during the
contest.
"Matchmaker" means a person licensed by the Department
who brings together professionals or amateurs to compete
in contests.
"Manager" means a person licensed by the Department
who is not a promoter and who, under contract, agreement,
or other arrangement, undertakes to, directly or
indirectly, control or administer the affairs of
contestants professionals.
"Timekeeper" means a person licensed by the Department
who is the official timer of the length of rounds and the
intervals between the rounds.
"Purse" means the financial guarantee or any other
remuneration for which contestants are participating in a
professional contest.
"Physician" means a person licensed to practice
medicine in all its branches under the Medical Practice
Act of 1987.
"Martial arts" means a discipline or combination of
different disciplines that utilizes sparring techniques
without the intent to injure, disable, or incapacitate
one's opponent, such as, but not limited to, Karate, Kung
Fu, Judo, Jujutsu, and Tae Kwon Do, and Kyuki-Do.
"Full-contact martial arts" means the use of a
singular discipline or a combination of techniques from
different disciplines of the martial arts, including,
without limitation, full-force grappling, kicking, and
striking with the intent to injure, disable, or
incapacitate one's opponent.
"Amateur contest" means a boxing or full-contact
martial arts competition in which all of the participants
competing against one another are amateurs and where the
public is able to attend or a fee is charged.
"Contestant" means a person who competes in either a
boxing or full-contact martial arts contest.
"Address of record" means the designated address
recorded by the Department in the applicant's or
licensee's application file or , license file, or
registration file as maintained by the Department's
licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any
change of address and those changes must be made either
through the Department's website or by contacting the
Department.
"Bout" means one match between 2 contestants.
"Sanctioning body" means an organization approved by
the Department under the requirements and standards stated
in this Act and the rules adopted under this Act to act as
a governing body that sanctions professional or amateur
full-contact martial arts contests.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file as
maintained by the Department's licensure maintenance unit.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
97-1123, eff. 8-27-12.)
(225 ILCS 105/1.4 new)
Sec. 1.4. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 105/2) (from Ch. 111, par. 5002)
(Section scheduled to be repealed on January 1, 2022)
Sec. 2. State of Illinois Athletic Board.
(a) The Secretary shall appoint members to the State of
Illinois Athletic Board. The Board shall consist of 7 members
who shall serve in an advisory capacity to the Secretary.
There is created the State of Illinois Athletic Board
consisting of 6 persons who shall be appointed by and shall
serve in an advisory capacity to the Secretary, and the State
Professional Boxing Board shall be disbanded. One member of
the Board shall be a physician licensed to practice medicine
in all of its branches. One member of the Board shall be a
member of the full-contact martial arts community. One and one
member of the Board shall be a member of either the
full-contact martial arts community or the boxing community.
The Secretary shall appoint each member to serve for a term of
3 years and until his or her successor is appointed and
qualified. One member of the board shall be designated as the
Chairperson and one member shall be designated as the
Vice-chairperson. No member shall be appointed to the Board
for a term which would cause continuous service to be more than
9 years. Each member of the board shall receive compensation
for each day he or she is engaged in transacting the business
of the board and, in addition, shall be reimbursed for his or
her authorized and approved expenses necessarily incurred in
relation to such service in accordance with the travel
regulations applicable to the Department at the time the
expenses are incurred.
(b) Board members shall serve 5-year terms and until their
successors are appointed and qualified.
(c) In appointing members to the Board, the Secretary
shall give due consideration to recommendations by members and
organizations of the martial arts and boxing industry.
(d) The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
(e) No member shall be appointed to the Board for a term
that would cause his or her continuous service on the Board to
be longer than 2 consecutive 5-year terms.
(f) The Secretary may terminate the appointment of any
member for cause that in the opinion of the Secretary
reasonably justified such termination, which may include, but
is not limited to, a Board member who does not attend 2
consecutive meetings.
(g) Appointments to fill vacancies shall be made in the
same manner as original appointments, for the unexpired
portion of the vacated term.
(h) Four members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
(i) Members of the Board shall have no liability in any
action based upon activity performed in good faith as members
of the Board.
(j) Members of the Board may be reimbursed for all
legitimate, necessary, and authorized expenses.
Four members shall constitute a quorum.
The members of the Board shall be immune from suit in any
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
The Secretary may remove any member of the Board for
misconduct, incapacity, or neglect of duty. The Secretary
shall reduce to writing any causes for removal.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/2.5 new)
Sec. 2.5. Powers and duties of the Board.
(a) Subject to the provisions of this Act, the Board shall
exercise the following functions, powers, and duties:
(1) The Board shall hold at least one meeting each
year.
(2) The Board shall elect a chairperson and a vice
chairperson.
(b) The Department may, at any time, seek the expert
advice and knowledge of the Board on any matter relating to the
enforcement of this Act.
(225 ILCS 105/5) (from Ch. 111, par. 5005)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5. Powers and duties of the Department. The
Department shall, subject to the provisions of this Act,
exercise the following functions, powers, and duties:
(1) Ascertain the qualifications and fitness of
applicants for license and permits.
(2) Adopt rules required for the administration of
this Act.
(3) Conduct hearings on proceedings to refuse to
issue, renew, or restore licenses and revoke, suspend,
place on probation, or reprimand those licensed under the
provisions of this Act.
(4) Issue licenses to those who meet the
qualifications of this Act and its rules.
(5) Conduct investigations related to possible
violations of this Act.
The Department shall exercise, but subject to the provisions
of this Act, the following functions, powers, and duties: (a)
to ascertain the qualifications and fitness of applicants for
licenses and permits; (b) to prescribe rules and regulations
for the administration of the Act; (c) to conduct hearings on
proceedings to refuse to issue, refuse to renew, revoke,
suspend, or subject to reprimand licenses or permits under
this Act; and (d) to revoke, suspend, or refuse issuance or
renewal of such licenses or permits.
(Source: P.A. 92-499, eff. 1-1-02.)
(225 ILCS 105/6) (from Ch. 111, par. 5006)
(Section scheduled to be repealed on January 1, 2022)
Sec. 6. Restricted contests and events.
(a) All professional and amateur contests, or a
combination of both, in which physical contact is made are
prohibited in Illinois unless authorized by the Department
pursuant to the requirements and standards stated in this Act
and the rules adopted pursuant to this Act. This subsection
(a) does not apply to any of the following:
(1) Amateur boxing or full-contact martial arts
contests conducted by accredited secondary schools,
colleges, or universities, although a fee may be charged.
(2) Amateur boxing contests that are sanctioned by USA
Boxing or any other sanctioning organization approved by
the Department as determined by rule Association of Boxing
Commissions.
(3) Amateur boxing or full-contact martial arts
contests conducted by a State, county, or municipal
entity, including those events held by any agency
organized under these entities.
(4) Amateur martial arts contests that are not defined
as full-contact martial arts contests under this Act,
including, but not limited to, Karate, Kung Fu, Judo,
Jujutsu, Tae Kwon Do, and Kyuki-Do.
(5) Full-contact martial arts contests, as defined by
this Act, that are recognized by the International Olympic
Committee or are contested in the Olympic Games and are
not conducted in an enclosed fighting area or ring.
No other amateur boxing or full-contact martial arts
contests shall be permitted unless authorized by the
Department.
(b) The Department shall have the authority to determine
whether a professional or amateur contest is exempt for
purposes of this Section.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11;
97-1123, eff. 8-27-12.)
(225 ILCS 105/7) (from Ch. 111, par. 5007)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7. Authorization to conduct contests; sanctioning
bodies.
(a) In order to conduct a professional contest or,
beginning 6 months after the adoption of rules pertaining to
an amateur contest, an amateur contest, or a combination of
both, in this State, a promoter shall obtain a permit issued by
the Department in accordance with this Act and the rules and
regulations adopted pursuant thereto. This permit shall
authorize one or more professional or amateur contests, or a
combination of both.
(b) Before January 1, 2023, amateur Amateur full-contact
martial arts contests must be registered and sanctioned by a
sanctioning body approved by the Department for that purpose
under the requirements and standards stated in this Act and
the rules adopted under this Act.
(c) 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 this Act and the rules adopted under this Act.
(d) On and after January 1, 2023, the Department shall not
approve any sanctioning body. A sanctioning body's approval by
the Department that was received before January 1, 2023 is
withdrawn on January 1, 2023.
(e) A permit issued under this Act is not transferable.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
(225 ILCS 105/8) (from Ch. 111, par. 5008)
(Section scheduled to be repealed on January 1, 2022)
Sec. 8. Permits.
(a) A promoter who desires to obtain a permit to conduct a
professional or amateur contest, or a combination of both,
shall apply to the Department at least 30 calendar 20 days
prior to the event, in writing or electronically, on forms
prescribed furnished by the Department. The application shall
be accompanied by the required fee and shall contain, but not
be limited to, the following information to be submitted at
times specified by rule:
(1) the legal names and addresses of the promoter;
(2) the name of the matchmaker;
(3) the time and exact location of the professional or
amateur contest, or a combination of both. It is the
responsibility of the promoter to ensure that the building
to be used for the event complies with all laws,
ordinances, and regulations in the city, town, village, or
county where the contest is to be held;
(4) the signed and executed copy of the event venue
lease agreement; and proof of adequate security measures,
as determined by Department rule, to ensure the protection
of the safety of contestants and the general public while
attending professional or amateur contests, or a
combination of both;
(5) proof of adequate medical supervision, as
determined by Department rule, to ensure the protection of
the health and safety of professionals' or amateurs' while
participating in the contest;
(5) (6) the initial list of names of the professionals
or amateurs competing subject to Department approval. ;
(7) proof of insurance for not less than $50,000 as
further defined by rule for each professional or amateur
participating in a professional or amateur contest, or a
combination of both; insurance required under this
paragraph (7) shall cover (i) hospital, medication,
physician, and other such expenses as would accrue in the
treatment of an injury as a result of the professional or
amateur contest; (ii) payment to the estate of the
professional or amateur in the event of his or her death as
a result of his or her participation in the professional
or amateur contest; and (iii) accidental death and
dismemberment; the terms of the insurance coverage must
not require the contestant to pay a deductible. The
promoter may not carry an insurance policy with a
deductible in an amount greater than $500 for the medical,
surgical, or hospital care for injuries a contestant
sustains while engaged in a contest, and if a licensed or
registered contestant pays for the medical, surgical, or
hospital care, the insurance proceeds must be paid to the
contestant or his or her beneficiaries as reimbursement
for such payment;
(8) the amount of the purses to be paid to the
professionals for the event; the Department shall adopt
rules for payment of the purses;
(9) organizational or internationally accepted rules,
per discipline, for professional or amateur full-contact
martial arts contests where the Department does not
provide the rules;
(10) proof of contract indicating the requisite
registration and sanctioning by a Department approved
sanctioning body for any full-contact martial arts contest
with scheduled amateur bouts; and
(11) any other information that the Department may
require to determine whether a permit shall be issued.
(b) The Department may issue a permit to any promoter who
meets the requirements of this Act and the rules. The permit
shall only be issued for a specific date and location of a
professional or amateur contest, or a combination of both, and
shall not be transferable. The Department may allow a promoter
to amend a permit application to hold a professional or
amateur contest, or a combination of both, in a different
location other than the application specifies if all
requirements of this Section are met, waiving the 30-day
provision of subsection (a) and may allow the promoter to
substitute professionals or amateurs, respectively.
(c) The Department shall be responsible for assigning the
judges, timekeepers, referees, and physicians, for a
professional contest, an amateur contest, or a combination of
both. Compensation shall be determined by the Department, and
it shall be the responsibility of the promoter to pay the
individuals utilized.
(d) The promoter shall submit the following documents to
the Department at times specified by rule:
(1) proof of adequate security measures, as determined
by rule, to ensure the protection of the safety of
contestants and the general public while attending
professional contests, amateur contests, or a combination
of both;
(2) proof of adequate medical supervision, as
determined by rule, to ensure the protection of the health
and safety of professionals or amateurs while
participating in contests;
(3) the complete and final list of names of the
professionals or amateurs competing, subject to Department
approval, which shall be submitted up to 48 hours prior to
the event date specified in the permit;
(4) proof of insurance for not less than $50,000 as
further defined by rule for each professional or amateur
participating in a professional or amateur contest, or a
combination of both; insurance required under this
paragraph shall cover: (i) hospital, medication,
physician, and other such expenses as would accrue in the
treatment of an injury as a result of the professional or
amateur contest; (ii) payment to the estate of the
professional or amateur in the event of his or her death as
a result of his or her participation in the professional
or amateur contest; and (iii) accidental death and
dismemberment; the terms of the insurance coverage shall
require the promoter, not the licensed contestant, to pay
the policy deductible for the medical, surgical, or
hospital care of a contestant for injuries a contestant
sustained while engaged in a contest; if a licensed
contestant pays for the medical, surgical, or hospital
care, the insurance proceeds shall be paid to the
contestant or his or her beneficiaries as reimbursement
for such payment;
(5) the amount of the purses to be paid to the
professionals for the event as determined by rule;
(6) organizational or internationally accepted rules,
per discipline, for professional or amateur full-contact
martial arts contests if the Department does not provide
the rules for Department approval; and
(7) any other information the Department may require,
as determined by rule, to issue a permit.
(e) If the accuracy, relevance, or sufficiency of any
submitted documentation is questioned by the Department
because of lack of information, discrepancies, or conflicts in
information given or a need for clarification, the promoter
seeking a permit may be required to provide additional
information.
(Source: P.A. 97-119, eff. 7-14-11; 98-756, eff. 7-16-14.)
(225 ILCS 105/10) (from Ch. 111, par. 5010)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10. Who must be licensed.
(a) In order to participate in professional contests the
following persons must each be licensed and in good standing
with the Department: (a) professionals and amateurs, (b)
seconds, (c) referees, (d) judges, (e) managers, (f)
matchmakers, and (g) timekeepers.
(b) In order to participate in professional or amateur
contests or a combination of both, promoters must be licensed
and in good standing with the Department.
(c) Announcers may participate in professional or amateur
contests, or a combination of both, without being licensed
under this Act. It shall be the responsibility of the promoter
to ensure that announcers comply with the Act, and all rules
and regulations promulgated pursuant to this Act.
(d) A licensed promoter may not act as, and cannot be
licensed as, a second, professional, referee, timekeeper,
judge, or manager. If he or she is so licensed, he or she must
relinquish any of these licenses to the Department for
cancellation. A person possessing a valid promoter's license
may act as a matchmaker.
(e) Participants in amateur full-contact martial arts
contests taking place before January 1, 2023 are not required
to obtain licenses by the Department, except for promoters of
amateur contests.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/11) (from Ch. 111, par. 5011)
(Section scheduled to be repealed on January 1, 2022)
Sec. 11. Qualifications for license. The Department shall
grant licenses to the following persons if the following
qualifications are met:
(1) An applicant for licensure as a professional or
amateur must: (1) be 18 years old, (2) be of good moral
character, (3) file an application stating the applicant's
legal name (and no assumed or ring name may be used unless
such name is registered with the Department along with the
applicant's legal name), date and place of birth, place of
current residence, and a sworn statement that he or she is
not currently in violation of any federal, State or local
laws or rules governing boxing or full-contact martial
arts, (4) file a certificate from a physician licensed to
practice medicine in all of its branches which attests
that the applicant is physically fit and qualified to
participate in professional or amateur contests, and (5)
pay the required fee and meet any other requirements as
determined by rule. Applicants over age 35 who have not
competed in a professional or amateur contest within the
12 last 36 months preceding their application for
licensure or have insufficient experience to participate
in a professional or amateur contest may be required to
appear before the Department to determine their fitness to
participate in a professional or amateur contest. A
picture identification card shall be issued to all
professionals licensed by the Department who are residents
of Illinois or who are residents of any jurisdiction,
state, or country that does not regulate professional
boxing or full-contact martial arts. The identification
card shall be presented to the Department or its
representative upon request at weigh-ins.
(2) An applicant for licensure as a referee, judge,
manager, second, matchmaker, or timekeeper must: (1) be of
good moral character, (2) file an application stating the
applicant's name, date and place of birth, and place of
current residence along with a certifying statement that
he or she is not currently in violation of any federal,
State, or local laws or rules governing boxing, or
full-contact martial arts, (3) have had satisfactory
experience in his or her field as defined by rule, (4) pay
the required fee, and (5) meet any other requirements as
determined by rule.
(3) An applicant for licensure as a promoter must: (1)
be of good moral character, (2) file an application with
the Department stating the applicant's name, date and
place of birth, place of current residence along with a
certifying statement that he or she is not currently in
violation of any federal, State, or local laws or rules
governing boxing or full-contact martial arts, (3) pay the
required fee and meet any other requirements as
established by rule, and (4) in addition to the foregoing,
an applicant for licensure as a promoter of professional
or amateur contests or a combination of both professional
and amateur bouts in one contest shall also provide (i)
proof of a surety bond of no less than $5,000 to cover
financial obligations under this Act, payable to the
Department and conditioned for the payment of the tax
imposed by this Act and compliance with this Act, and the
rules adopted under this Act, and (ii) a financial
statement, prepared by a certified public accountant,
showing liquid working capital of $10,000 or more, or a
$10,000 performance bond guaranteeing payment of all
obligations relating to the promotional activities payable
to the Department and conditioned for the payment of the
tax imposed by this Act and its rules.
(4) All applicants shall submit an application to the
Department, in writing or electronically, on forms
prescribed provided by the Department, containing such
information as determined by rule.
In determining good moral character, the Department may
take into consideration any violation of any of the provisions
of Section 16 of this Act as to referees, judges, managers,
matchmakers, timekeepers, or promoters and any felony
conviction of the applicant, but such a conviction shall not
operate as a bar to licensure. No license issued under this Act
is transferable.
The Department may issue temporary licenses as provided by
rule.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
(225 ILCS 105/12) (from Ch. 111, par. 5012)
(Section scheduled to be repealed on January 1, 2022)
Sec. 12. Professional or amateur contests.
(a) The professional or amateur contest, or a combination
of both, shall be held in an area where adequate neurosurgical
facilities are immediately available for skilled emergency
treatment of an injured professional or amateur.
(b) Each professional or amateur shall be examined before
the contest and promptly after each bout by a physician. The
physician shall determine, prior to the contest, if each
professional or amateur is physically fit to compete in the
contest. After the bout the physician shall examine the
professional or amateur to determine possible injury. If the
professional's or amateur's physical condition so indicates,
the physician shall recommend to the Department immediate
medical suspension. The physician or a licensed paramedic must
check the vital signs of all contestants as established by
rule.
(c) The physician may, at any time during the professional
or amateur bout, stop the professional or amateur bout to
examine a professional or amateur contestant and may direct
the referee to terminate the bout when, in the physician's
opinion, continuing the bout could result in serious injury to
the professional or amateur. If the professional's or
amateur's physical condition so indicates, the physician shall
recommend to the Department immediate medical suspension. The
physician shall certify to the condition of the professional
or amateur in writing, over his or her signature on forms
prescribed provided by the Department. Such reports shall be
submitted to the Department in a timely manner.
(d) No professional or amateur contest, or a combination
of both, shall be allowed to begin or be held unless at least
one physician, at least one EMT and one paramedic, and one
ambulance have been contracted with solely for the care of
professionals or amateurs who are competing as defined by
rule.
(e) No professional boxing bout shall be more than 12
rounds in length. The rounds shall not be more than 3 minutes
each with a minimum one-minute one minute interval between
them, and no professional boxer shall be allowed to
participate in more than one contest within a 7-day period.
The number and length of rounds for all other professional
or amateur boxing or full-contact martial arts contests, or a
combination of both, shall be determined by rule.
(f) The number and types of officials required for each
professional or amateur contest, or a combination of both,
shall be determined by rule.
(g) The Department or its representative shall have
discretion to declare a price, remuneration, or purse or any
part of it belonging to the professional withheld if in the
judgment of the Department or its representative the
professional is not honestly competing.
(h) The Department shall have the authority to prevent a
professional or amateur contest, or a combination of both,
from being held and shall have the authority to stop a
professional or amateur contest, or a combination of both, for
noncompliance with any part of this Act or rules or when, in
the judgment of the Department, or its representative,
continuation of the event would endanger the health, safety,
and welfare of the professionals or amateurs or spectators.
The Department's authority to stop a contest on the basis that
the professional or amateur contest, or a combination of both,
would endanger the health, safety, and welfare of the
professionals or amateurs or spectators shall extend to any
professional or amateur contest, or a combination of both,
regardless of whether that amateur contest is exempted from
the prohibition in Section 6 of this Act. Department staff, or
its representative, may be present at any full-contact martial
arts contest with scheduled amateur bouts.
(i) A professional shall only compete against another
professional. An amateur shall only compete against another
amateur.
(Source: P.A. 97-119, eff. 7-14-11; 98-973, eff. 8-15-14.)
(225 ILCS 105/13) (from Ch. 111, par. 5013)
(Section scheduled to be repealed on January 1, 2022)
Sec. 13. Tickets; tax. Tickets to professional or amateur
contests, or a combination of both, shall be printed in such
form as the Department shall prescribe. A certified inventory
of all tickets printed for any professional or amateur
contest, or a combination of both, shall be mailed to the
Department by the promoter not less than 7 days before the
contest. The total number of tickets sold printed shall not
exceed the total seating capacity of the premises in which the
professional or amateur contest, or a combination of both, is
to be held. No tickets of admission to any professional or
amateur contest, or a combination of both, shall be sold
except those declared on an official ticket inventory as
described in this Section.
A promoter who conducts a professional contest, an amateur
contest, or a combination of both a professional and amateur
contest under this Act shall, within 7 business days 24 hours
after such a contest:
(1) furnish to the Department a written or electronic
report verified by the promoter or his or her authorized
designee showing the number of tickets sold for such a
contest or the actual ticket stubs of tickets sold and the
amount of the gross proceeds thereof; and
(2) pay to the Department a tax of 5% of gross receipts
from the sale of admission tickets, not to exceed $75,000
$52,500, to be collected by the Department and placed in
the General Professions Dedicated Athletics Supervision
and Regulation Fund, a special fund created in the State
Treasury to be administered by the Department.
Moneys in the General Professions Dedicated Athletics
Supervision and Regulation Fund shall be used by the
Department, subject to appropriation, for expenses incurred in
administering this Act. Moneys in the Fund may be transferred
to the Professions Indirect Cost Fund, as authorized under
Section 2105-300 of the Department of Professional Regulation
Law.
In addition to the payment of any other taxes and money due
under this Section, every promoter of a professional or a
combination of a professional and amateur contest shall pay to
the Department 3% of the first $500,000 and 4% thereafter,
which shall not exceed $50,000 $35,000 in total from the total
gross receipts from the sale, lease, or other exploitation of
broadcasting, including, but not limited to, Internet, cable,
television, and motion picture rights for that professional
contest, amateur contest, or professional and amateur
combination of both, contest or exhibition without any
deductions for commissions, brokerage fees, distribution fees,
advertising, professional contestants' purses, or any other
expenses or charges. These fees shall be paid to the
Department within 7 business days 72 hours after the
conclusion of the broadcast of the contest and placed in the
General Professions Dedicated Athletics Supervision and
Regulation Fund.
(Source: P.A. 97-119, eff. 7-14-11; 97-813, eff. 7-13-12.)
(225 ILCS 105/15) (from Ch. 111, par. 5015)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. Inspectors. The Secretary may appoint inspectors
to assist the Department staff in the administration of the
Act. Each inspector appointed by the Secretary shall receive
compensation for each day he or she is engaged in the
transacting of business of the Department. Each inspector
shall carry a card issued by the Department to authorize him or
her to act in such capacity. The inspector or inspectors shall
supervise each professional contest, amateur contest, or
combination of both and, at the Department's discretion, may
supervise any contest to ensure that the provisions of the Act
are strictly enforced.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/16) (from Ch. 111, par. 5016)
(Section scheduled to be repealed on January 1, 2022)
Sec. 16. Discipline and sanctions.
(a) The Department may refuse to issue a permit or ,
license, or registration, refuse to renew, suspend, revoke,
reprimand, place on probation, or take such other disciplinary
or non-disciplinary action as the Department may deem proper,
including the imposition of fines not to exceed $10,000 for
each violation, with regard to any permit or , license, or
registration for one or any combination of the following
reasons:
(1) gambling, betting, or wagering on the result of or
a contingency connected with a professional or amateur
contest, or a combination of both, or permitting such
activity to take place;
(2) participating in or permitting a sham or fake
professional or amateur contest, or a combination of both;
(3) holding the professional or amateur contest, or a
combination of both, at any other time or place than is
stated on the permit application;
(4) permitting any professional or amateur other than
those stated on the permit application to participate in a
professional or amateur contest, or a combination of both,
except as provided in Section 9;
(5) violation or aiding in the violation of any of the
provisions of this Act or any rules or regulations
promulgated thereto;
(6) violation of any federal, State or local laws of
the United States or other jurisdiction governing
professional or amateur contests or any regulation
promulgated pursuant thereto;
(7) charging a greater rate or rates of admission than
is specified on the permit application;
(8) failure to obtain all the necessary permits,
registrations, or licenses as required under this Act;
(9) failure to file the necessary bond or to pay the
gross receipts or broadcast tax as required by this Act;
(10) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public, or which is detrimental to
honestly conducted contests;
(11) employment of fraud, deception or any unlawful
means in applying for or securing a permit or license
under this Act;
(12) permitting a physician making the physical
examination to knowingly certify falsely to the physical
condition of a professional or amateur;
(13) permitting professionals or amateurs of widely
disparate weights or abilities to engage in professional
or amateur contests, respectively;
(14) participating in a professional contest as a
professional while under medical suspension in this State
or in any other state, territory or country;
(15) physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skills which results in the inability to participate in
contests with reasonable judgment, skill, or safety;
(16) allowing one's license or permit issued under
this Act to be used by another person;
(17) failing, within a reasonable time, to provide any
information requested by the Department as a result of a
formal or informal complaint;
(18) professional incompetence;
(19) failure to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such
tax Act are satisfied;
(20) (blank);
(21) habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in an inability to participate
in an event;
(22) failure to stop a professional or amateur
contest, or a combination of both, when requested to do so
by the Department;
(23) failure of a promoter to adequately supervise and
enforce this Act and its rules as applicable to amateur
contests, as set forth in rule; or
(24) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(b) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code operates as an automatic suspension. The suspension will
end only upon a finding by a court that the licensee is no
longer subject to involuntary admission or judicial admission,
issuance of an order so finding and discharging the licensee.
(c) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physicians or
clinical psychologists shall be those specifically designated
by the Department. The Department may order the examining
physician or clinical psychologist to present testimony
concerning this mental or physical examination of the licensee
or applicant. No information shall be excluded by reason of
any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician or clinical psychologist. Eye examinations
may be provided by a physician licensed to practice medicine
in all of its branches or a licensed and certified therapeutic
optometrist. The individual to be examined may have, at his or
her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension or revocation of a
license.
(d) A contestant who tests positive for a banned
substance, as defined by rule, shall have his or her license
immediately suspended. The license shall be subject to other
discipline as authorized in this Section.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
(225 ILCS 105/17) (from Ch. 111, par. 5017)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act. The Department shall not be
required to annually verify email addresses as specified in
paragraph (2) subsection (a) of Section 10-75 of the Illinois
Administrative Procedure Act. For the purposes of this Act the
notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
to the last known address of record or emailed to the email
address of record a party.
(Source: P.A. 88-45.)
(225 ILCS 105/17.7)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17.7. Restoration of license from discipline.
(a) At any time after the successful completion of a term
of indefinite probation, suspension, or revocation of a
license under this Act, the Department may restore the license
to the licensee unless, after an investigation and a hearing,
the Secretary determines that restoration is not in the public
interest.
(b) If circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license.
(c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until
allowed under the Civil Administrative Code of Illinois.
(d) A license that has been suspended or revoked shall be
considered nonrenewed for purposes of restoration under this
Section and a licensee restoring his or her license from
suspension or revocation must comply with the requirements for
renewal as set forth in this Act and its rules.
At any time after the successful completion of a term of
indefinite probation, suspension, or revocation of a license,
the Department may restore the license to the licensee, unless
after an investigation and hearing the Secretary determines
that restoration is not in the public interest. No person or
entity whose license, certificate, or authority has been
revoked as authorized in this Act may apply for restoration of
that license, certification, or authority until such time as
provided for in the Civil Administrative Code of Illinois.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/17.8)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17.8. Surrender of license. Upon the revocation or
suspension of a license or registration, the licensee shall
immediately surrender his or her license to the Department. If
the licensee fails to do so, the Department has the right to
seize the license.
(Source: P.A. 91-408, eff. 1-1-00; 92-499, eff. 1-1-02.)
(225 ILCS 105/17.9)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17.9. Summary suspension of a license or
registration. The Secretary may summarily suspend a license or
registration without a hearing if the Secretary finds that
evidence in the Secretary's possession indicates that the
continuation of practice would constitute an imminent danger
to the public, participants, including any professional
contest officials, or the individual involved or cause harm to
the profession. If the Secretary summarily suspends the
license without a hearing, a hearing must be commenced within
30 days after the suspension has occurred and concluded as
expeditiously as practical.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/18) (from Ch. 111, par. 5018)
(Section scheduled to be repealed on January 1, 2022)
Sec. 18. Investigations; notice and hearing.
(a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a license under this Act.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges;
(ii) direct him or her to file a written answer to the charges,
under oath, within 20 days after service of the notice; and
(iii) inform the applicant or licensee that failure to file an
answer will result in a default being entered against the
applicant or licensee.
(c) Written or electronic notice, and any notice in the
subsequent proceedings, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record.
(d) At the time and place fixed in the notice, the hearing
officer appointed by the Secretary shall proceed to hear the
charges, and the parties or their counsel shall be accorded
ample opportunity to present any statement, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The hearing officer may continue the hearing
from time to time.
(e) If the licensee or applicant, after receiving the
notice, fails to file an answer, his or her license may, in the
discretion of the Secretary, be suspended, revoked, or placed
on probationary status or be subject to whatever disciplinary
action the Secretary considers proper, including limiting the
scope, nature, or extent of the person's practice or
imposition of a fine, without hearing, if the act or acts
charged constitute sufficient grounds for the action under
this Act.
The Department may investigate the actions of any applicant or
of any person or persons promoting or participating in a
professional or amateur contest or any person holding or
claiming to hold a license. The Department shall, before
revoking, suspending, placing on probation, reprimanding, or
taking any other disciplinary action under this Act, at least
30 days before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place
for the hearing on the charges, (ii) direct him or her to file
a written answer to the charges with the Department under oath
within 20 days after the service on him or her of the notice,
and (iii) inform the accused that, if he or she fails to
answer, default will be taken against him or her or that his or
her license may be suspended, revoked, or placed on
probationary status or that other disciplinary action may be
taken with regard to the license, including limiting the
scope, nature, or extent of his or her practice, as the
Department may consider proper. At the time and place fixed in
the notice, the hearing officer shall proceed to hear the
charges, and the parties or their counsel shall be accorded
ample opportunity to present any pertinent statements,
testimony, evidence, and arguments. The hearing officer may
continue the hearing from time to time. In case the person,
after receiving the notice, fails to file an answer, his or her
license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status or the
Department may take whatever disciplinary action considered
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under this Act. The written notice may
be served by personal delivery or by certified mail to the
person's address of record.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/19) (from Ch. 111, par. 5019)
(Section scheduled to be repealed on January 1, 2022)
Sec. 19. Hearing; Motion for rehearing Findings and
recommendations.
(a) The hearing officer appointed by the Secretary shall
hear evidence in support of the formal charges and evidence
produced by the applicant or licensee. At the conclusion of
the hearing, the hearing officer shall present to the
Secretary a written report of his or her findings of fact,
conclusions of law, and recommendations.
(b) A copy of the hearing officer's report shall be served
upon the applicant or licensee, either personally or as
provided in this Act for the service of the notice of hearing.
Within 20 calendar days after such service, the applicant or
licensee may present to the Department a motion, in writing,
for a rehearing that shall specify the particular grounds for
rehearing. The Department may respond to the motion for
rehearing within 20 calendar days after its service on the
Department. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
upon denial of a motion for rehearing, the Secretary may enter
an order in accordance with the recommendations of the hearing
officer. If the applicant or licensee orders from the
reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, the 20
calendar day period within which a motion may be filed shall
commence upon delivery of the transcript to the applicant or
licensee.
(c) If the Secretary disagrees in any regard with the
report of the hearing officer, the Secretary may issue an
order contrary to the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
At the conclusion of the hearing, the hearing officer shall
present to the Secretary a written report of its findings,
conclusions of law, and recommendations. The report shall
contain a finding of whether the accused person violated this
Act or its rules or failed to comply with the conditions
required in this Act or its rules. The hearing officer shall
specify the nature of any violations or failure to comply and
shall make its recommendations to the Secretary. In making
recommendations for any disciplinary actions, the hearing
officer may take into consideration all facts and
circumstances bearing upon the reasonableness of the conduct
of the accused and the potential for future harm to the public
including, but not limited to, previous discipline of the
accused by the Department, intent, degree of harm to the
public and likelihood of harm in the future, any restitution
made by the accused, and whether the incident or incidents
contained in the complaint appear to be isolated or represent
a continuing pattern of conduct. In making its recommendations
for discipline, the hearing officer shall endeavor to ensure
that the severity of the discipline recommended is reasonably
related to the severity of the violation.
The report of findings of fact, conclusions of law, and
recommendation of the hearing officer shall be the basis for
the Department's order refusing to issue, restore, or renew a
license, or otherwise disciplining a licensee. If the
Secretary disagrees with the recommendations of the hearing
officer, the Secretary may issue an order in contravention of
the hearing officer's recommendations. The finding is not
admissible in evidence against the person in a criminal
prosecution brought for a violation of this Act, but the
hearing and finding are not a bar to a criminal prosecution
brought for a violation of this Act.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/19.1) (from Ch. 111, par. 5019.1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 19.1. Hearing officer Appointment of a hearing
officer. Notwithstanding any provision of this Act, the
Secretary has the authority to appoint an attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any action for refusal to issue or renew
a license or discipline a license. The hearing officer shall
have full authority to conduct the hearing. The hearing
officer shall report his or her findings of fact, conclusions
of law, and recommendations to the Secretary The Secretary has
the authority to appoint any attorney duly licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
license or discipline of a licensee. The hearing officer has
full authority to conduct the hearing. The hearing officer
shall report his or her findings of fact, conclusions of law,
and recommendations to the Secretary. If the Secretary
determines that the hearing officer's report is contrary to
the manifest weight of the evidence, he may issue an order in
contravention of the recommendation.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/19.5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 19.5. Order or certified copy; prima facie proof. An
order or certified copy thereof, over the seal of the
Department and purporting to be signed by the Secretary, is
prima facie proof that:
(1) the signature is the genuine signature of the
Secretary; and
(2) the Secretary is duly appointed and qualified;
and .
(3) the hearing officer is qualified to act.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/20) (from Ch. 111, par. 5020)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20. Record of proceeding Stenographer; transcript.
(a) The Department, at its expense, shall provide a
certified shorthand reporter to take down the testimony and
preserve a record of all proceedings at the hearing of any case
in which a licensee may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license when a
disciplinary action is authorized under this Act and rules.
The notice of hearing, complaint, and all other documents in
the nature of pleadings and written portions filed in the
proceedings, the transcript of the testimony, the report of
the hearing officer, and the orders of the Department shall be
the record of the proceedings. The record may be made
available to any person interested in the hearing upon payment
of the fee required by Section 2105-115 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(b) The Department may contract for court reporting
services, and, if it does so, the Department shall provide the
name and contact information for the certified shorthand
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the transcript of
any proceedings at a hearing upon payment of the fee specified
by the certified shorthand reporter.
The Department, at its expense, shall provide a stenographer
to take down the testimony and preserve a record of all
proceedings at the hearing of any case wherein a license or
permit is subjected to disciplinary action. The notice of
hearing, complaint and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report of the hearing officer and
the orders of the Department shall be the record of the
proceedings. The Department shall furnish a transcript of the
record to any person interested in the hearing upon payment of
the fee required under Section 2105-115 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-115).
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/21) (from Ch. 111, par. 5021)
(Section scheduled to be repealed on January 1, 2022)
Sec. 21. Injunctive action; cease and desist order.
(a) If a person violates the provisions of this Act, the
Secretary Director, in the name of the People of the State of
Illinois, through the Attorney General or the State's Attorney
of the county in which the violation is alleged to have
occurred, may petition for an order enjoining the violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition, the court with appropriate
jurisdiction may issue a temporary restraining order, without
notice or bond, and may preliminarily and permanently enjoin
the violation. If it is established that the person has
violated or is violating the injunction, the court may punish
the offender for contempt of court. Proceedings under this
Section are in addition to, and not in lieu of, all other
remedies and penalties provided by this Act.
(b) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
allow at least 7 days from the date of the rule to file an
answer satisfactory to the Department. Failure to answer to
the satisfaction of the Department shall cause an order to
cease and desist to be issued.
(Source: P.A. 91-408, eff. 1-1-00.)
(225 ILCS 105/22) (from Ch. 111, par. 5022)
(Section scheduled to be repealed on January 1, 2022)
Sec. 22. The expiration date and renewal period for each
license issued under this Act shall be set by rule. The holder
of a license may renew such license during the month preceding
the expiration date thereof by paying the required fee and
meeting additional requirements as determined by rule.
(Source: P.A. 82-522.)
(225 ILCS 105/23) (from Ch. 111, par. 5023)
(Section scheduled to be repealed on January 1, 2022)
Sec. 23. Fees.
(a) The fees for the administration and enforcement of
this Act including, but not limited to, original licensure,
renewal, and restoration shall be set by rule. The fees shall
not be refundable. All Beginning July 1, 2003, all of the fees,
taxes, and fines collected under this Act shall be deposited
into the General Professions Dedicated Fund.
(b) Before January 1, 2023, there shall be no fees for
amateur full-contact martial arts events; except that until
January 1, 2023, the applicant fees for promoters of amateur
events where only amateur bouts are held shall be $300.
(Source: P.A. 92-16, eff. 6-28-01; 92-499, eff. 1-1-02; 93-32,
eff. 7-1-03.)
(225 ILCS 105/23.1) (from Ch. 111, par. 5023.1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 23.1. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other
discipline provided under this Act for unlicensed practice or
practice on a nonrenewed license. The Department shall notify
the person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30
calendar days of the notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or deny the
application, without hearing. If, after termination or denial,
the person seeks a license, he or she shall apply to the
Department for restoration or issuance of the license and pay
all fees and fines due to the Department. The Department may
establish a fee for the processing of an application for
restoration of a license to pay all expenses of processing
this application. The Secretary Director may waive the fines
due under this Section in individual cases where the Secretary
Director finds that the fines would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02; 92-499, eff. 1-1-02.)
(225 ILCS 105/24) (from Ch. 111, par. 5024)
(Section scheduled to be repealed on January 1, 2022)
Sec. 24. Unlicensed practice; violations; civil penalty.
(a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself out as being able to
engage in practices requiring a license under this Act without
being licensed or exempt under this Act shall, in addition to
any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $10,000 for each
offense, as determined by the Department. The civil penalty
shall be assessed by the Department after a hearing is held in
accordance with the provision set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
executed thereon in the same manner as any judgment from any
court of record.
(d) A person or entity not licensed under this Act who has
violated any provision of this Act or its rules is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony
for a second and subsequent offenses.
A person who violates a provision of this Act is guilty of a
Class A Misdemeanor. On conviction of a second or subsequent
offense the violator shall be guilty of a Class 4 felony.
(Source: P.A. 86-615.)
(225 ILCS 105/24.5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 24.5. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee, registrant, or applicant,
including, but not limited to, any complaint against a
licensee or registrant filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose such
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for
any purpose to any other agency or person. A formal complaint
filed against a licensee or registrant by the Department or
any order issued by the Department against a licensee,
registrant, or applicant shall be a public record, except as
otherwise prohibited by law.
(Source: P.A. 97-119, eff. 7-14-11.)
(225 ILCS 105/25.1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25.1. Medical Suspension.
(a) A licensee or registrant who is determined by the
examining physician or Department to be unfit to compete or
officiate shall be prohibited from participating in a contest
in Illinois and, if actively licensed, shall be medically
suspended immediately suspended until it is shown that he or
she is fit for further competition or officiating. If the
licensee or registrant disagrees with a medical suspension set
at the discretion of the ringside physician, he or she may
request a hearing to show proof of fitness. The hearing shall
be provided at the earliest opportunity after the Department
receives a written request from the licensee.
(b) If the referee has stopped the bout or rendered a
decision of technical knockout against a professional or
amateur or if the professional or amateur is knocked out other
than by a blow to the head, the professional or amateur shall
be medically immediately suspended immediately for a period of
not less than 30 days.
(c) In a full-contact martial arts contest, if the
professional or amateur has tapped out, or has submitted, or
the referee has stopped the bout, shall stop the professional
or amateur contest and the ringside physician shall determine
the length of suspension.
(d) If the professional or amateur has been knocked
unconscious out by a blow to the head, he or she shall be
medically suspended immediately for a period of not less than
45 days.
(e) A licensee may receive a medical suspension for any
injury sustained as a result of a bout that shall not be less
than 7 days.
(f) A licensee may receive additional terms and conditions
for a medical suspension beyond a prescribed passage of time
as authorized under this Section.
(g) If a licensee receives a medical suspension that
includes terms and conditions in addition to the prescribed
passage of time as authorized under this Section, before the
removal of the medical suspension, a licensee shall:
(1) satisfactorily pass a medical examination;
(2) provide those examination results to the
Department;
(3) provide any additional requested documentation as
directed by the licensee's examining physician or
Department where applicable; and
(4) if the licensee's examining physician requires any
necessary additional medical procedures during the
examination related to the injury that resulted in the
medical suspension, those results shall be provided to the
Department.
(h) Any medical suspension imposed as authorized under
this Act against a licensee shall be reported to the
Department's record keeper as determined by rule.
(i) A medical suspension as authorized under this Section
shall not be considered a suspension under Section 16 of this
Act. A violation of the terms of a medical suspension
authorized under this Section shall subject a licensee to
discipline under Section 16 of this Act.
(j) A professional or amateur contestant who has been
placed on medical suspension under the laws of another state,
the District of Columbia, or a territory of the United States
for substantially similar reasons as this Section shall be
prohibited from participating in a contest as authorized under
this Act until the requirements of subsection (g) of this
Section have been met or the medical suspension has been
removed by that jurisdiction.
(k) A medical suspension authorized under this Section
shall begin the day after the bout a licensee participated in.
Prior to reinstatement, any professional or amateur
suspended for his or her medical protection shall
satisfactorily pass a medical examination upon the direction
of the Department. The examining physician may require any
necessary medical procedures during the examination.
(Source: P.A. 96-663, eff. 8-25-09; 97-119, eff. 7-14-11.)
(225 ILCS 105/0.10 rep.)
(225 ILCS 105/10.1 rep.)
(225 ILCS 105/10.5 rep.)
(225 ILCS 105/11.5 rep.)
(225 ILCS 105/17.11 rep.)
(225 ILCS 105/17.12 rep.)
(225 ILCS 105/19.4 rep.)
Section 30. The Boxing and Full-contact Martial Arts Act
is amended by repealing Sections 0.10, 10.1, 10.5, 11.5,
17.11, 17.12, and 19.4.
Section 35. The Registered Interior Designers Act is
amended by changing Section 3, 4, 4.5, 6, 7, 11, 14, 20, 23,
29, 30 and by adding Section 3.1 as follows:
(225 ILCS 310/3) (from Ch. 111, par. 8203)
(Section scheduled to be repealed on January 1, 2022)
Sec. 3. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
registrant's registration file as maintained by the
Department's licensure maintenance unit.
"Board" means the Board of Registered Interior Design
Professionals established under Section 6 of this Act.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the registrant's registration file as
maintained by the Department's licensure maintenance unit.
"The profession of interior design", within the meaning
and intent of this Act, refers to persons qualified by
education, experience, and examination, who administer
contracts for fabrication, procurement, or installation in the
implementation of designs, drawings, and specifications for
any interior design project and offer or furnish professional
services, such as consultations, studies, drawings, and
specifications in connection with the location of lighting
fixtures, lamps and specifications of ceiling finishes as
shown in reflected ceiling plans, space planning, furnishings,
or the fabrication of non-loadbearing structural elements
within and surrounding interior spaces of buildings but
specifically excluding mechanical and electrical systems,
except for specifications of fixtures and their location
within interior spaces.
"Public member" means a person who is not an interior
designer, educator in the field, architect, structural
engineer, or professional engineer. For purposes of board
membership, any person with a significant financial interest
in the design or construction service or profession is not a
public member.
"Registered interior designer" means a person who has
received registration under Section 8 of this Act. A person
represents himself or herself to be a "registered interior
designer" within the meaning of this Act if he or she holds
himself or herself out to the public by any title
incorporating the words "registered interior designer" or any
title that includes the words "registered interior design".
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 100-920, eff. 8-17-18.)
(225 ILCS 310/3.1 new)
Sec. 3.1. Address of record; email address of record. All
applicants and registrants shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for registration or renewal of a registration;
and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 310/4) (from Ch. 111, par. 8204)
(Section scheduled to be repealed on January 1, 2022)
Sec. 4. Title; application of Act.
(a) No individual shall, without a valid registration as
an interior designer issued by the Department, in any manner
hold himself or herself out to the public as a registered
interior designer or attach the title "registered interior
designer" or any other name or designation which would in any
way imply that he or she is able to use the title "registered
interior designer" as defined in this Act.
(a-5) Nothing in this Act shall be construed as preventing
or restricting the services offered or advertised by an
interior designer who is registered under this Act.
(b) Nothing in this Act shall prevent the employment, by a
registered interior designer association, partnership, or a
corporation furnishing interior design services for
remuneration, of persons not registered as interior designers
to perform services in various capacities as needed, provided
that the persons do not represent themselves as, or use the
title of, "registered interior designer".
(c) Nothing in this Act shall be construed to limit the
activities and use of the title "interior designer" on the
part of a person not registered under this Act who is a
graduate of an interior design program and a full-time
employee of a duly chartered institution of higher education
insofar as such person engages in public speaking, with or
without remuneration, provided that such person does not
represent himself or herself to be a registered interior
designer or use the title "registered interior designer".
(d) Nothing contained in this Act shall restrict any
person not registered under this Act from carrying out any of
the activities listed in the definition of "the profession of
interior design" in Section 3 if such person does not
represent himself or herself or his or her services in any
manner prohibited by this Act.
(e) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of any
person licensed in this State under any other law from
engaging in the profession or occupation for which he or she is
licensed.
(f) Nothing in this Act shall be construed as preventing
or restricting the practice, services, or activities of
engineers licensed under the Professional Engineering Practice
Act of 1989 or the Structural Engineering Practice Act of
1989; architects licensed pursuant to the Illinois
Architectural Practice Act of 1989; any interior decorator or
individual offering interior decorating services including,
but not limited to, the selection of surface materials, window
treatments, wall coverings, furniture, accessories, paint,
floor coverings, and lighting fixtures; or builders, home
furnishings salespersons, and similar purveyors of goods and
services relating to homemaking.
(g) Nothing in this Act or any other Act shall prevent a
licensed architect from practicing interior design services.
Nothing in this Act shall be construed as requiring the
services of a registered interior designer for the interior
designing of a single family residence.
(h) Nothing in this Act shall authorize registered
interior designers to perform services, including life safety
services that they are prohibited from performing, or any
practice (i) that is restricted in the Illinois Architecture
Practice Act of 1989, the Professional Engineering Practice
Act of 1989, or the Structural Engineering Practice Act of
1989, or (ii) that they are not authorized to perform under the
Environmental Barriers Act.
(i) Nothing in this Act shall authorize registered
interior designers to advertise services that they are
prohibited to perform, including architecture or engineering
services, nor to use the title "architect" in any form.
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
(225 ILCS 310/4.5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 4.5. Unregistered practice; violation; civil penalty.
(a) Any person who holds himself or herself out to be a
registered interior designer without being registered under
this Act shall, in addition to any other penalty provided by
law, pay a civil penalty to the Department in an amount not to
exceed $5,000 for each offense as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a registrant licensee.
(b) The Department has the authority and power to
investigate any illegal use of the title of registered
interior designer.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
(225 ILCS 310/6) (from Ch. 111, par. 8206)
(Section scheduled to be repealed on January 1, 2022)
Sec. 6. Board of Registered Interior Design Professionals.
The Secretary shall appoint a Board of Registered Interior
Design Professionals consisting of 5 members who shall serve
in an advisory capacity to the Secretary. All members of the
Board shall be residents of Illinois. Four members shall (i)
hold a valid registration as an interior designer in Illinois
and have held the registration under this Act for the
preceding 10 years; and (ii) not have been disciplined within
the preceding 10 years under this Act. In addition to the 4
registered interior designer members, there shall be one
public member. The public member shall be a voting member and
shall not be licensed or registered under this Act or any other
design profession licensing Act that the Department
administers.
Board members shall serve 5-year terms and until their
successors are appointed and qualified. In appointing members
to the Board, the Secretary shall give due consideration to
recommendations by members and organizations of the interior
design profession.
The membership of the Board should reasonably reflect
representation from the geographic areas in this State.
No member shall be reappointed to the Board for a term that
would cause his or her continuous service on the Board to be
longer than 2 consecutive 5-year terms.
Appointments to fill vacancies shall be made in the same
manner as original appointments for the unexpired portion of
the vacated term.
Three members of the Board shall constitute a quorum. A
quorum is required for Board decisions.
The Secretary may remove any member of the Board for
misconduct, incompetence, or neglect of duty or for reasons
prescribed by law for removal of State officials.
The Secretary may remove a member of the Board who does not
attend 2 consecutive meetings.
Notice of proposed rulemaking may be transmitted to the
Board and the Department may review the response of the Board
and any recommendations made therein. The Department may, at
any time, seek the expert advice and knowledge of the Board on
any matter relating to the administration or enforcement of
this Act.
Members of the Board are not liable for damages in any
action or proceeding as a result of activities performed as
members of the Board, except upon proof of actual malice.
Members of the Board shall be reimbursed for all
legitimate, necessary, and authorized expenses.
There is created a Board of Registered Interior Design
Professionals to be composed of persons designated from time
to time by the Director, as follows:
(a) For the first year, 5 persons, 4 of whom have been
interior designers for a period of 5 years or more who
would qualify upon application to the Department under
this Act to be registered interior designers, and one
public member. After the initial appointments, each
interior design member shall hold a valid registration as
a registered interior designer. The Board shall annually
elect a chairman.
(b) Terms for all members shall be 3 years. For
initial appointments, one member shall be appointed to
serve for one year, 2 shall be appointed to serve for 2
years, and the remaining shall be appointed to serve for 3
years and until their successors are appointed and
qualified. Initial terms shall begin on the effective date
of this Act. Partial terms over 2 years in length shall be
considered as full terms. A member may be reappointed for
a successive term, but no member shall serve more than 2
full terms.
(c) The membership of the Board should reasonably
reflect representation from the various geographic areas
of the State.
(d) In making appointments to the Board, the Director
shall give due consideration to recommendations by
national and state organizations of the interior design
profession and shall promptly give due notice to such
organizations of any vacancy in the membership of the
Board. The Director may terminate the appointment of any
member for any cause, which in the opinion of the
Director, reasonably justifies such termination.
(e) Three members shall constitute a quorum. A quorum
is required for all Board decisions.
(f) The members of the Board shall each receive as
compensation a reasonable sum as determined by the
Director for each day actually engaged in the duties of
the office, and all legitimate and necessary expenses
incurred in attending the meeting of the Board.
(g) Members of the Board shall be immune from suit in
any action based upon any disciplinary proceedings or
other activities performed in good faith as members of the
Board.
(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
(225 ILCS 310/7) (from Ch. 111, par. 8207)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7. Board recommendations. The Secretary Director
shall consider the recommendations of the Board in
establishing guidelines for professional conduct, for the
conduct of formal disciplinary proceedings brought under this
Act, and for establishing guidelines for qualifications of
applicants. Notice of proposed rulemaking may shall be
transmitted to the Board and the Department shall review the
response of the Board and any recommendations made in their
response. The Department, at any time, may seek the expert
advice and knowledge of the Board on any matter relating to the
administration or enforcement of this Act.
(Source: P.A. 86-1404.)
(225 ILCS 310/11) (from Ch. 111, par. 8211)
(Section scheduled to be repealed on January 1, 2022)
Sec. 11. Fees. The Department shall provide by rule for a
schedule of fees for the administration and enforcement of
this Act, including but not limited to original registration
licensure, renewal, and restoration. The fees shall be
nonrefundable.
All fees collected under this Act shall be deposited into
the General Professions Dedicated Fund and shall be
appropriated to the Department for the ordinary and contingent
expenses of the Department in the administration of this Act.
(Source: P.A. 91-454, eff. 1-1-00.)
(225 ILCS 310/14) (from Ch. 111, par. 8214)
(Section scheduled to be repealed on January 1, 2022)
Sec. 14. Investigations; Notice of hearing. Upon the
motion of either the Department or the Board, or upon the
verified complaint in writing of any person setting forth
facts which, if proven, would constitute grounds for refusal,
suspension, or revocation of registration under this Act, the
Board shall investigate the actions of any person, hereinafter
called the "registrant", who holds or represents that he holds
a certificate of registration. All such motions or complaints
shall be brought to the Board.
The Director shall, before suspending, revoking, placing
on probationary status, or taking any other disciplinary
action as the Director may deem proper with regard to any
registration, at least 30 days prior to the date set for the
hearing, notify the registrant in writing of any charges made
and the time and place for a hearing on the charges before the
Board. The Board shall also direct the registrant to file his
written answer to the charges with the Board under oath within
20 days after the service on him of such notice, and inform him
that if he fails to file such answer, his certificate of
registration may be suspended, revoked, placed on probationary
status or other disciplinary action may be taken with regard
thereto, as the Director may deem proper.
The written notice and any notice in such proceeding may
be served by delivery personally to the registrant, by email,
or by registered or certified mail to the address specified by
the registrant in his last notification to the Director.
The Department, at its expense, shall preserve a record of
all proceedings at the formal hearing of any case involving
the refusal to issue or renew a registration, or discipline of
a registrant. The notice of hearing, complaint, and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of
the Board, and the orders of the Department shall be the record
of such proceedings.
(Source: P.A. 86-1404.)
(225 ILCS 310/20) (from Ch. 111, par. 8220)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20. Restoration. At any time after suspension,
revocation, placement on probationary status, or the taking of
any other disciplinary action with regard to any registration,
the Department may restore the certificate of registration, or
take any other action to reinstate the registration to good
standing, without further examination, upon the written
recommendation of the Board.
(Source: P.A. 86-1404.)
(225 ILCS 310/23) (from Ch. 111, par. 8223)
(Section scheduled to be repealed on January 1, 2022)
Sec. 23. Confidentiality. Confidential information;
Disclosure. All information collected by the Department in the
course of an examination or investigation of a registrant or
applicant, including, but not limited to, any complaint
against a registrant filed with the Department and information
collected to investigate any such complaint, shall be
maintained for the confidential use of the Department and may
not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or a party presenting
a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law
enforcement agency may not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint
filed by the Department against a registrant or applicant is a
public record, except as otherwise prohibited by law. In
hearings conducted under this Act, information presented into
evidence that was acquired by an interior designer in serving
any individual in a professional capacity, and necessary to
professionally serve such individual, shall be deemed strictly
confidential and shall only be made available either as part
of the record of a hearing hereunder or otherwise:
(a) when the record is required, in its entirety, for
purposes of judicial review;
(b) upon the express written consent of the individual
served, or in the case of his or her death or disability, the
consent of his or her personal representative.
(Source: P.A. 86-1404.)
(225 ILCS 310/29) (from Ch. 111, par. 8229)
(Section scheduled to be repealed on January 1, 2022)
Sec. 29. Illinois Administrative Procedure Act. The
Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of the provisions of
that Act were included in this Act, except that the provision
of subsection (d) of Section 10-65 of the Illinois
Administrative Procedure Act that provides that at hearings
the registrant has the right to show compliance with all
lawful requirements for retention, continuation, or renewal of
the registration is specifically excluded. For the purposes of
this Act, the notice required under Section 10-25 of the
Illinois Administrative Procedure Act is deemed sufficient
when mailed or emailed to the last known address of a party.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 310/30) (from Ch. 111, par. 8230)
(Section scheduled to be repealed on January 1, 2022)
Sec. 30. Fund; appropriations; investments; audits
Interior Design Administration and Investigation Fund. All of
the fees collected pursuant to this Act shall be deposited
into the General Professions Dedicated Fund.
On January 1, 2000 the State Comptroller shall transfer
the balance of the monies in the Interior Design
Administration and Investigation Fund into the General
Professions Dedicated Fund. Amounts appropriated for fiscal
year 2000 out of the Interior Design Administration and
Investigation Fund may be paid out of the General Professions
Dedicated Fund.
The moneys monies deposited in the General Professions
Dedicated Fund may be used for the expenses of the Department
in the administration of this Act.
Moneys from the Fund may also be used for direct and
allocable indirect costs related to the public purposes of the
Department of Professional Regulation. Moneys in the Fund may
be transferred to the Professions Indirect Cost Fund as
authorized by Section 2105-300 of the Department of
Professional Regulation Law (20 ILCS 2105/2105-300).
Upon the completion of any audit of the Department as
prescribed by the Illinois State Auditing Act that includes an
audit of the General Professions Dedicated Fund Interior
Design Administration and Investigation Fund, the Department
shall make the audit open to inspection by any interested
person. The copy of the audit report required to be submitted
to the Department by this Section is in addition to copies of
audit reports required to be submitted to other State officers
and agencies by Section 3-14 of the Illinois State Auditing
Act.
(Source: P.A. 91-239, eff. 1-1-00; 91-454, eff. 1-1-00; 92-16,
eff. 6-28-01.)
Section 40. The Cemetery Oversight Act is amended by
changing Sections 5-15, 5-20, 5-25, 10-20, 10-21, 10-25,
10-40, 10-55, 20-10, 25-3, 25-5, 25-10, 25-15, 25-25, 25-30,
25-35, 25-90, 25-95, 25-105, 25-115, 35-5, 35-15, and 75-45
and by adding Sections 5-16, 5-26, and 25-26 as follows:
(225 ILCS 411/5-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-15. Definitions. In this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file. It is the duty of the applicant or
licensee to inform the Department of any change of address
within 14 days either through the Department's website or by
contacting the Department's licensure maintenance unit. The
address of record for a cemetery authority shall be the
permanent street address of the cemetery.
"Applicant" means a person applying for licensure under
this Act as a cemetery authority, cemetery manager, or
customer service employee. Any applicant or any person who
holds himself or herself out as an applicant is considered a
licensee for purposes of enforcement, investigation, hearings,
and the Illinois Administrative Procedure Act.
"Burial permit" means a permit provided by a licensed
funeral director for the disposition of a dead human body.
"Care" means the maintenance of a cemetery and of the
lots, graves, crypts, niches, family mausoleums, memorials,
and markers therein, including: (i) the cutting and trimming
of lawn, shrubs, and trees at reasonable intervals; (ii)
keeping in repair the drains, water lines, roads, buildings,
fences, and other structures, in keeping with a
well-maintained cemetery as provided for in Section 20-5 of
this Act and otherwise as required by rule; (iii) maintenance
of machinery, tools, and equipment for such care; (iv)
compensation of cemetery workers, any discretionary payment of
insurance premiums, and any reasonable payments for workers'
pension and other benefits plans; and (v) the payment of
expenses necessary for such purposes and for maintaining
necessary records of lot ownership, transfers, and burials.
"Cemetery" means any land or structure in this State
dedicated to and used, or intended to be used, for the
interment, inurnment, or entombment of human remains.
"Cemetery authority" means any individual or legal entity
that owns or controls cemetery lands or property.
"Cemetery manager" means an individual directly
responsible or holding himself or herself directly responsible
for the operation, maintenance, development, or improvement of
a cemetery that is or shall be licensed under this Act or shall
be licensed pursuant to Section 10-39 of this Act,
irrespective of whether the individual is paid by the licensed
cemetery authority or a third party. This definition does not
include a volunteer who receives no compensation, either
directly or indirectly, for his or her work as a cemetery
manager.
"Cemetery merchandise" means items of personal property
normally sold by a cemetery authority not covered under the
Illinois Funeral or Burial Funds Act, including, but not
limited to: (1) memorials, (2) markers, (3) monuments, (4)
foundations and installations, and (5) outer burial
containers.
"Cemetery operation" means to engage in any or all of the
following, whether on behalf of, or in the absence of, a
cemetery authority: (i) the interment, entombment, or
inurnment of human remains, (ii) the sale of interment,
entombment, or inurnment rights, cemetery merchandise, or
cemetery services, (iii) the maintenance of interment rights
ownership records, (iv) the maintenance of or reporting of
interment, entombment, or inurnment records, (v) the
maintenance of cemetery property, (vi) the development or
improvement of cemetery grounds, or (vii) the maintenance and
execution of business documents, including State and federal
government reporting and the payment of taxes, for a cemetery
business entity.
"Cemetery Oversight Database" means a database certified
by the Department as effective in tracking the interment,
entombment, or inurnment of human remains.
"Cemetery services" means those services customarily
performed by cemetery personnel in connection with the
interment, entombment, or inurnment of a dead human body.
"Certificate of organization" means the document received
by a cemetery association from the Secretary of State that
indicates that the cemetery association shall be deemed fully
organized as a body corporate under the name adopted and in its
corporate name may sue and be sued.
"Comptroller" means the Comptroller of the State of
Illinois.
"Confidential information" means unique identifiers,
including a person's Social Security number, home address,
home phone number, personal phone number, personal email
address, personal financial information, and any other
information protected by law.
"Consumer" means an individual who purchases or who is
considering purchasing cemetery, burial, or cremation products
or services from a cemetery authority, whether for themselves
or for another person.
"Customer service employee" means an individual who has
direct contact with consumers to explain cemetery merchandise,
services, and interment rights and to execute the sale of
those items to consumers, whether at the cemetery or an
off-site location, irrespective of whether compensation is
paid by the cemetery authority or a third party. This
definition does not include a volunteer who receives no
compensation, either directly or indirectly, for his or her
work as a customer service employee.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file as maintained
by the Department's licensure maintenance unit.
"Employee" means an individual who works for a cemetery
authority where the cemetery authority has the right to
control what work is performed and the details of how the work
is performed regardless of whether federal or State payroll
taxes are withheld.
"Entombment right" means the right to place individual
human remains or individual cremated human remains in a
specific mausoleum crypt or lawn crypt selected by a consumer
for use as a final resting place.
"Family burying ground" means a cemetery in which no lots,
crypts, or niches are sold to the public and in which
interments, inurnments, and entombments are restricted to the
immediate family or a group of individuals related to each
other by blood or marriage.
"Full exemption" means an exemption granted to a cemetery
authority pursuant to subsection (a) of Section 5-20.
"Funeral director" means a funeral director as defined by
the Funeral Directors and Embalmers Licensing Code.
"Grave" means a space of ground in a cemetery used or
intended to be used for burial.
"Green burial or cremation disposition" means burial or
cremation practices that reduce the greenhouse gas emissions,
waste, and toxic chemicals ordinarily created in burial or
cremation or, in the case of greenhouse gas emissions,
mitigate or offset emissions. Such practices include any
standards or method for burial or cremation that the
Department may name by rule.
"Immediate family" means the designated agent of a person
or the persons given priority for the disposition of a
person's remains under the Disposition of Remains Act and
shall include a person's spouse, parents, grandparents,
children, grandchildren and siblings.
"Individual" means a natural person.
"Interment right" means the right to place individual
human remains or cremated human remains in a specific
underground location selected by a consumer for use as a final
resting place.
"Inurnment right" means the right to place individual
cremated human remains in a specific niche selected by the
consumer for use as a final resting place.
"Lawn crypt" means a permanent underground crypt installed
in multiple units for the entombment of human remains.
"Licensee" means a person licensed under this Act as a
cemetery authority, cemetery manager, or customer service
employee. Anyone who holds himself or herself out as a
licensee or who is accused of unlicensed practice is
considered a licensee for purposes of enforcement,
investigation, hearings, and the Illinois Administrative
Procedure Act.
"Mausoleum crypt" means a grouping of spaces constructed
of reinforced concrete or similar material constructed or
assembled above the ground for entombing remains.
"Niche" means a space in a columbarium or mausoleum used,
or intended to be used, for inurnment of cremated human
remains.
"Partial exemption" means an exemption granted to a
cemetery authority pursuant to subsection (b) of Section 5-20.
"Parcel identification number" means a unique number
assigned by the Cemetery Oversight Database to a grave, plot,
crypt, or niche that enables the Department to ascertain the
precise location of a decedent's remains interred, entombed,
or inurned after the effective date of this Act.
"Person" means any individual, firm, partnership,
association, corporation, limited liability company, trustee,
government or political subdivision, or other entity.
"Public cemetery" means a cemetery owned, operated,
controlled, or managed by the federal government, by any
state, county, city, village, incorporated town, township,
multi-township, public cemetery district, or other municipal
corporation, political subdivision, or instrumentality thereof
authorized by law to own, operate, or manage a cemetery.
"Religious burying ground" means a cemetery in which no
lots, crypts, or niches are sold and in which interments,
inurnments, and entombments are restricted to a group of
individuals all belonging to a religious order or granted
burial rights by special consideration of the religious order.
"Religious cemetery" means a cemetery owned, operated,
controlled, and managed by any recognized church, religious
society, association, or denomination, or by any cemetery
authority or any corporation administering, or through which
is administered, the temporalities of any recognized church,
religious society, association, or denomination.
"Secretary" means the Secretary of Financial and
Professional Regulation or a person authorized by the
Secretary to act in the Secretary's stead.
"Term burial" means a right of interment sold to a
consumer in which the cemetery authority retains the right to
disinter and relocate the remains, subject to the provisions
of subsection (d) of Section 35-15 of this Act.
"Trustee" means any person authorized to hold funds under
this Act.
"Unique personal identifier" means the parcel
identification number in addition to the term of burial in
years; the numbered level or depth in the grave, plot, crypt,
or niche; and the year of death for human remains interred,
entombed, or inurned after the effective date of this Act. The
unique personal identifier is assigned by the Cemetery
Oversight Database.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/5-16 new)
Sec. 5-16. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 411/5-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-20. Exemptions.
(a) Full exemption. Except as provided in this subsection,
this Act does not apply to (1) any cemetery authority
operating as a family burying ground or religious burying
ground, (2) any cemetery authority that has not engaged in an
interment, inurnment, or entombment of human remains within
the last 10 years, or (3) any cemetery authority that is less
than 3 acres. For purposes of determining the applicability of
this subsection, the number of interments, inurnments, and
entombments shall be aggregated for each calendar year. A
cemetery authority claiming a full exemption shall apply for
exempt status as provided for in Section 10-20 of this Act. A
cemetery authority claiming a full exemption shall be subject
to Sections 10-40, 10-55, and 10-60 of this Act. A cemetery
authority that performs activities that would disqualify it
from a full exemption is required to apply for licensure
within one year following the date on which its activities
would disqualify it for a full exemption. A cemetery authority
that previously qualified for and maintained a full exemption
that fails to timely apply for licensure shall be deemed to
have engaged in unlicensed practice and shall be subject to
discipline in accordance with Article 25 of this Act.
(b) Partial exemption. If a cemetery authority does not
qualify for a full exemption and (1) engages in 25 or fewer
interments, inurnments, or entombments of human remains for
each of the preceding 2 calendar years, (2) operates as a
public cemetery, or (3) operates as a religious cemetery, then
the cemetery authority is partially exempt from this Act but
shall be required to comply with Sections 10-23, 10-40, 10-55,
10-60, subsections (a), (b), (b-5), (c), (d), (f), (g), and
(h) of Section 20-5, Sections 20-6, 20-8, 20-10, 20-12, 20-30,
20-35, 20-40, 25-3, and 25-120, and Article 35 of this Act.
Cemetery authorities claiming a partial exemption shall apply
for the partial exemption as provided in Section 10-20 of this
Act. A cemetery authority that changes to a status that would
disqualify it from a partial exemption is required to apply
for licensure within one year following the date on which it
changes its status. A cemetery authority that maintains a
partial exemption that fails to timely apply for licensure
shall be deemed to have engaged in unlicensed practice and
shall be subject to discipline in accordance with Article 25
of this Act.
(c) Nothing in this Act applies to the City of Chicago in
its exercise of its powers under the O'Hare Modernization Act
or limits the authority of the City of Chicago to acquire
property or otherwise exercise its powers under the O'Hare
Modernization Act, or requires the City of Chicago, or any
person acting on behalf of the City of Chicago, to comply with
the licensing, regulation, or investigation, or mediation
requirements of this Act in exercising its powers under the
O'Hare Modernization Act.
(d) A cemetery manager and customer service employee
license may be in active status only during the period that
such a licensee is employed by a cemetery authority that is
licensed under this Act. In the event that a cemetery manager
or customer service employee commences work for a cemetery
granted an exemption under this Section, it shall be a duty of
both the cemetery authority and the individual licensee to
immediately notify the Department so that the license may be
placed on inactive status. During the period that a license is
in inactive status, the involved person may not hold himself
or herself out as licensed. Upon returning to employment by a
cemetery licensed under this Act, such a cemetery manager or
customer service employee may reinstate the license to active
status simply by notifying the Department and paying the
applicable fee.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/5-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-25. Powers and duties of the Department. The
Department shall, subject Subject to the provisions of this
Act, the Department may exercise the following functions,
powers, and duties:
(1) Authorize certification programs to ascertain the
qualifications and fitness of applicants for licensing as
a licensed cemetery manager or as a customer service
employee to ascertain whether they possess the requisite
level of knowledge for such position.
(2) Examine a licensed cemetery authority's records
from any year or any other aspects of cemetery operation
as the Department deems appropriate.
(3) Investigate any and all cemetery operations.
(4) Conduct hearings on proceedings to refuse to
issue, or renew, or restore licenses or to revoke,
suspend, place on probation, or reprimand, or otherwise
discipline a licensee license under this Act or take other
non-disciplinary action.
(5) Adopt reasonable rules required for the
administration of this Act.
(6) Prescribe forms to be issued for the
administration and enforcement of this Act.
(7) (Blank). Maintain rosters of the names and
addresses of all licensees and all persons whose licenses
have been suspended, revoked, denied renewal, or otherwise
disciplined within the previous calendar year. These
rosters shall be available upon written request and
payment of the required fee as established by rule.
(8) Work with the Office of the Comptroller and the
Department of Public Health, Division of Vital Records to
exchange information and request additional information
relating to a licensed cemetery authority.
(9) Investigate cemetery contracts, grounds, or
employee records.
(10) Issue licenses to those who meet the requirements
of this Act.
(11) Conduct investigations related to possible
violations of this Act.
If the Department exercises its authority to conduct
investigations under this Section, the Department shall
provide the cemetery authority with information sufficient to
challenge the allegation. If the complainant consents, then
the Department shall provide the cemetery authority with the
identity of and contact information for the complainant so as
to allow the cemetery authority and the complainant to resolve
the complaint directly. Except as otherwise provided in this
Act, any complaint received by the Department and any
information collected to investigate the complaint shall be
maintained by the Department for the confidential use of the
Department and shall not be disclosed. The Department may not
disclose the information to anyone other than law enforcement
officials or other regulatory agencies or persons that have an
appropriate regulatory interest, as determined by the
Secretary, or to a party presenting a lawful subpoena to the
Department. Information and documents disclosed to a federal,
state, county, or local law enforcement agency shall not be
disclosed by the agency for any purpose to any other agency or
person. A formal complaint filed against a licensee by the
Department or any order issued by the Department against a
licensee or applicant shall be a public record, except as
otherwise prohibited by law.
(Source: P.A. 99-78, eff. 7-20-15.)
(225 ILCS 411/5-26 new)
Sec. 5-26. Confidentiality. All information collected by
the Department in the course of an examination or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee filed with the
Department and information collected to investigate any such
complaint, shall be maintained for the confidential use of the
Department and shall not be disclosed. The Department may not
disclose the information to anyone other than law enforcement
officials, other regulatory agencies that have an appropriate
regulatory interest as determined by the Secretary, or a party
presenting a lawful subpoena to the Department. Information
and documents disclosed to a federal, State, county, or local
law enforcement agency shall not be disclosed by the agency
for any purpose to any other agency or person. A formal
complaint filed against a licensee by the Department or any
order issued by the Department against a licensee or applicant
shall be a public record, except as otherwise prohibited by
law.
(225 ILCS 411/10-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-20. Application for original license or exemption.
(a) Applications for original licensure as a cemetery
authority, cemetery manager, or customer service employee
authorized by this Act, or application for exemption from
licensure as a cemetery authority, shall be made to the
Department in writing on forms or electronically as prescribed
by the Department, which shall include the applicant's Social
Security number or FEIN number, or both, and shall be
accompanied by the required fee that shall not be refundable.
as set by Section 10-55 of this Act and further refined by
rule. Applications for partial or full exemption from
licensure as a cemetery authority shall be submitted to the
Department within 6 months after the Department adopts rules
under this Act. If the person fails to submit the application
for partial or full exemption within this period, the person
shall be subject to discipline in accordance with Article 25
of this Act. The process for renewing a full or partial
exemption shall be set by rule. If a cemetery authority seeks
to practice at more than one location, it shall meet all
licensure requirements at each location as required by this
Act and by rule, including submission of an application and
fee. All applications shall contain information that, in the
judgment of the Department, will enable the Department to pass
on the qualifications of the applicant for a license under
this Act.
(b) (Blank).
(c) After initial licensure, if any person comes to obtain
at least 51% of the ownership over the licensed cemetery
authority, then the cemetery authority shall have to apply for
a new license and receive licensure in the required time as set
by rule. The current license remains in effect until the
Department takes action on the application for a new license.
(d) (Blank). All applications shall contain the
information that, in the judgment of the Department, will
enable the Department to pass on the qualifications of the
applicant for an exemption from licensure or for a license to
practice as a cemetery authority, cemetery manager, or
customer service employee as set by rule.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/10-21)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-21. Qualifications for licensure.
(a) A cemetery authority shall apply for licensure on
forms prescribed by the Department and pay the required fee.
An applicant is qualified for licensure as a cemetery
authority if the applicant meets all of the following
qualifications:
(1) The applicant has not committed any act or offense
in any jurisdiction that would constitute the basis for
discipline under this Act. When considering such license,
the Department shall take into consideration the
following:
(A) the applicant's record of compliance with the
Code of Professional Conduct and Ethics, and whether
the applicant has been found to have engaged in any
unethical or dishonest practices in the cemetery
business;
(B) whether the applicant has been adjudicated,
civilly or criminally, to have committed fraud or to
have violated any law of any state involving unfair
trade or business practices, has been convicted of a
misdemeanor of which fraud is an essential element or
which involves any aspect of the cemetery business, or
has been convicted of any felony;
(C) whether the applicant has willfully violated
any provision of this Act or a predecessor law or any
regulations relating thereto;
(D) whether the applicant has been permanently or
temporarily suspended, enjoined, or barred by any
court of competent jurisdiction in any state from
engaging in or continuing any conduct or practice
involving any aspect of the cemetery or funeral
business; and
(E) whether the applicant has ever had any license
to practice any profession or occupation suspended,
denied, fined, or otherwise acted against or
disciplined by the applicable licensing authority.
If the applicant is a corporation, limited liability
company, partnership, or other entity permitted by law,
then the Department shall determine whether each
principal, owner, member, officer, and shareholder holding
25% or more of corporate stock has met the requirements of
this item (1) of subsection (a) of this Section.
(2) The applicant must provide a statement of its
assets and liabilities to the Department.
(3) The applicant has not, within the preceding 10
years, been convicted of or entered a plea of guilty or
nolo contendere to (i) a Class X felony or (ii) a felony,
an essential element of which was fraud or dishonesty
under the laws of this State, another state, the United
States, or a foreign jurisdiction that is directly related
to the practice of cemetery operations. If the applicant
is a corporation, limited liability company, partnership,
or other entity permitted by law, then each principal,
owner, member, officer, and shareholder holding 25% or
more of corporate stock has not, within the preceding 10
years, been convicted of or entered a plea of guilty or
nolo contendere to (i) a Class X felony or (ii) a felony,
an essential element of which was fraud or dishonesty
under the laws of this State, another state, the United
States, or a foreign jurisdiction that is directly related
to the practice of cemetery operations.
(4) The applicant shall authorize the Department to
conduct a criminal background check that does not involve
fingerprinting.
(5) In the case of a person or entity applying for
renewal of his, her, or its license, the applicant has
complied with all other requirements of this Act and the
rules adopted for the implementation of this Act.
(b) The cemetery manager and customer service employees of
a licensed cemetery authority shall apply for licensure as a
cemetery manager or customer service employee on forms
prescribed by the Department and pay the required fee. A
person is qualified for licensure as a cemetery manager or
customer service employee if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has acted in an ethical manner as set forth in
Section 10-23 of this Act. In determining qualifications
of licensure, the Department shall take into consideration
the factors outlined in item (1) of subsection (a) of this
Section.
(3) Submits proof of successful completion of a high
school education or its equivalent as established by rule.
(4) The applicant shall authorize the Department to
conduct a criminal background check that does not involve
fingerprinting.
(5) Has not committed a violation of this Act or any
rules adopted under this Act that, in the opinion of the
Department, renders the applicant unqualified to be a
cemetery manager.
(6) Submits proof of successful completion of a
certification course recognized by the Department for a
cemetery manager or customer service employee, whichever
the case may be.
(7) Has not, within the preceding 10 years, been
convicted of or entered a plea of guilty or nolo
contendere to (i) a Class X felony or (ii) a felony, an
essential element of which was fraud or dishonesty under
the laws of this State, another state, the United States,
or a foreign jurisdiction that is directly related to the
practice of cemetery operations.
(8) (Blank).
(9) In the case of a person applying for renewal of his
or her license, has complied with all other requirements
of this Act and the rules adopted for implementation of
this Act.
(c) Each applicant for a cemetery authority, cemetery
manager, or customer service employee license shall authorize
the Department to conduct a criminal background check that
does not involve fingerprinting. The Department must, in turn,
conduct the criminal background check on each applicant. The
Department shall adopt rules to implement this subsection (c),
but in no event shall the Department impose a fee upon the
applicant for the background check.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/10-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-25. Certification.
(a) The Department shall authorize certification programs
for cemetery manager and customer service employee applicants.
The certification programs must consist of education and
training in cemetery ethics, cemetery law, and cemetery
practices. Cemetery ethics shall include, without limitation,
the Code of Professional Conduct and Ethics as set forth in
Section 10-23 of this Act. Cemetery law shall include, without
limitation, the Cemetery Oversight Act, the Cemetery Care Act,
the Disposition of Remains Act, and the Cemetery Protection
Act. Cemetery practices shall include, without limitation,
treating the dead and their family members with dignity and
respect. The certification program shall include an
examination administered by the entity providing the
certification.
(a-5) An entity seeking to offer a certification program
to cemetery manager applicants and customer service employee
applicants must receive approval of its program from the
Department in a manner and form prescribed by the Department
by rule. As part of this process, the entity must submit to the
Department the examination it offers or intends to offer as
part of its certification program.
(a-10) A cemetery manager applicant or customer service
employee applicant may choose any entity that has been
approved by the Department from which to obtain certification.
(b) Cemetery manager applicants and customer service
employee applicants shall pay the fee for the certification
program directly to the entity offering the program.
(c) If the cemetery manager applicant or customer service
employee applicant neglects, fails, or refuses to become
certified within one year after filing an application, then
the application shall be denied. However, the applicant may
thereafter submit a new application accompanied by the
required fee. The applicant shall meet the requirements in
force at the time of making the new application.
(d) A cemetery manager applicant or customer service
employee applicant who has completed a certification program
offered by an entity that has not received the Department's
approval as required by this Section has not met the
qualifications for licensure as set forth in Section 10-21 of
this Act.
(e) The Department may approve shall recognize any
certification program that is conducted by a death care trade
association in Illinois that has been in existence for more
than 5 years that, in the determination of the Department,
provides adequate education and training in cemetery law,
cemetery ethics, and cemetery practices and administers an
examination covering the same.
(f) The Department may, without a hearing, summarily
withdraw its approval of a certification program that, in the
judgment of the Department, fails to meet the requirements of
this Act or the rules adopted under this Act. A certification
program that has had its approval withdrawn by the Department
may reapply for approval, but shall provide such additional
information as may be required by the Department, including,
but not limited to, evidence to the Department's satisfaction
that the program is in compliance with this Act and the rules
adopted under this Act.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/10-40)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-40. Renewal, reinstatement, or restoration of
license Expiration and renewal of license.
(a) The expiration date and renewal period for each
license issued under this Act shall be set by rule. The holder
of a license may renew such license during the month preceding
the expiration date thereof by paying the required fee.
(b) A licensee under this Act who has permitted his or her
license to expire or has had his or her license placed on
inactive status may have his or her license restored by making
application to the Department and filing proof acceptable to
the Department of his or her fitness of having his or her
license restored, including, but not limited to, sworn
evidence certifying to active practice in another jurisdiction
satisfactory to the Department, and by paying the required fee
as determined by rule. Every cemetery authority, cemetery
manager, and customer service employee license shall expire
every 2 years. Every registration as a fully exempt cemetery
authority or partially exempt cemetery authority shall expire
every 4 years. The expiration date, renewal period, and other
requirements for each license and registration shall be
further refined by rule.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/10-55)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-55. Fees.
(a) Except as provided in this Section, the fees for the
administration and enforcement of this Act shall be set by the
Department by rule. The fees shall be reasonable and shall not
be refundable.
(b) Cemetery manager applicants and customer service
employee applicants shall pay any certification program or
continuing education program fee directly to the entity
offering the program.
(c) The Department may waive fees based upon hardship.
(d) Nothing shall prohibit a cemetery authority from
paying, on behalf of its cemetery managers or customer service
employees, their application, renewal, or restoration fees.
(e) All fees and other moneys collected under this Act
shall be deposited in the Cemetery Oversight Licensing and
Disciplinary Fund.
(f) The fee for application as a cemetery authority
seeking a full exemption is $0.
(g) The fee to renew registration as a fully exempt
cemetery authority is $0. As provided in Section 10-40 of this
Act and as further refined by rule, each registration as a
fully exempt cemetery authority shall expire every 4 years.
(h) The fee for application as a cemetery authority
seeking a partial exemption is $150.
(i) The fee to renew registration as a partially exempt
cemetery authority is $150. As provided in Section 10-40 of
this Act and as further refined by rule, each registration as a
partially exempt cemetery authority shall expire every 4
years.
(j) The fee for original licensure, renewal, and
restoration as a cemetery authority not seeking a full or
partial exemption is $75. As provided in Section 10-40 of this
Act and as further refined by rule, each cemetery authority
license shall expire every 2 years.
(k) The fee for original licensure, renewal, and
restoration as a cemetery manager is $25. As provided in
Section 10-40 of this Act and as further refined by rule, each
cemetery manager license shall expire every 2 years.
(l) The fee for original licensure, renewal, and
restoration as a customer service employee is $25. As provided
in Section 10-40 of this Act and as further refined by rule,
each customer service employee license shall expire every 2
years.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/20-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20-10. Contract. At the time cemetery arrangements
are made and prior to rendering the cemetery services, a
cemetery authority shall create a completed written contract
to be provided to the consumer, signed by both parties by their
actual written signatures on either paper or electronic form,
that shall contain: (i) the date on which the arrangements
were made; (ii) the price of the service selected and the
services and merchandise included for that price; (iii) the
supplemental items of service and merchandise requested and
the price of each item; (iv) the terms or method of payment
agreed upon; and (v) a statement as to any monetary advances
made on behalf of the family. The cemetery authority shall
maintain a copy of such written contract in its permanent
records.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-3)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-3. Exemption, investigation, mediation. All
cemetery authorities maintaining a partial exemption must
submit to the following investigation and mediation procedure
by the Department in the event of a consumer complaint:
(a) Complaints to cemetery:
(1) the cemetery authority shall make every effort
to first resolve a consumer complaint; and
(2) if the complaint is not resolved, then the
cemetery authority shall advise the consumer of his or
her right to file a complaint with seek investigation
and mediation by the Department.
(b) Complaints to the Department:
(1) if the Department receives a complaint, the
Department shall make an initial determination as to
whether the complaint has a reasonable basis and
pertains to this Act;
(2) if the Department determines that the
complaint has a reasonable basis and pertains to this
Act, it shall inform the cemetery authority of the
complaint and give it 30 days to tender a response;
(3) upon receiving the cemetery authority's
response, or after the 30 days provided in subsection
(2) of this subsection, whichever comes first, the
Department shall attempt to resolve the complaint
telephonically with the parties involved;
(4) if the complaint still is not resolved, then
the Department shall conduct an investigation and
mediate the complaint as provided for by rule;
(5) if the Department conducts an on-site
investigation and face-to-face mediation with the
parties, then it may charge the cemetery authority a
single investigation and mediation fee, which fee
shall be set by rule and shall be calculated on an
hourly basis; and
(6) if all attempts to resolve the consumer
complaint as provided for in paragraphs (1) through
(5) fail, then the cemetery authority may be subject
to proceedings for penalties and discipline under this
Article when it is determined by the Department that
the cemetery authority may have engaged in any of the
following: (i) gross malpractice; (ii) dishonorable,
unethical, or unprofessional conduct of a character
likely to deceive, defraud, or harm the public; (iii)
gross, willful, or continued overcharging for
services; (iv) incompetence; (v) unjustified failure
to honor its contracts; or (vi) failure to adequately
maintain its premises. The Department may issue a
citation or institute disciplinary action and cause
the matter to be prosecuted and may thereafter issue
and enforce its final order as provided in this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-5. Citations.
(a) The Department may adopt rules to permit the issuance
of citations for non-frivolous complaints. The citation shall
be issued to the licensee and shall contain the licensee's
name and address, the licensee's license number, a brief
factual statement, the Sections of the law allegedly violated,
and the penalty imposed. The citation must clearly state that
the licensee may choose, in lieu of accepting the citation, to
request a hearing. If the licensee does not dispute the matter
in the citation with the Department within 30 days after the
citation is served, then the citation shall become a final
order and shall constitute discipline. The penalty shall be a
fine or other conditions as established by rule.
(b) The Department shall adopt rules designating
violations for which a citation may be issued. Such rules
shall designate as citation violations those violations for
which there is no substantial threat to the public health,
safety, and welfare. Citations shall not be utilized if there
was any significant consumer harm resulting from the
violation.
(c) A citation must be issued within 6 months after the
reporting of a violation that is the basis for the citation.
(d) Service of a citation may be made by personal service,
regular mail, or email or certified mail to the licensee at the
licensee's address of record.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew a license
or may revoke, suspend, place on probation, reprimand, or take
other disciplinary or non-disciplinary action as the
Department may deem appropriate, including imposing fines not
to exceed $10,000 $8,000 for each violation, with regard to
any license under this Act, for any one or combination of the
following:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act, except for Section 20-8,
or of the rules adopted under this Act.
(3) Conviction of or entry of a plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or sentencing, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation under
the law of any jurisdiction of the United States that is
(i) a Class X felony or (ii) a felony, an essential element
of which is fraud or dishonesty that is directly related
to the practice of cemetery operations. Conviction of, or
entry of a plea of guilty or nolo contendere to, any crime
within the last 10 years that is a Class X felony or higher
or is a felony involving fraud and dishonesty under the
laws of the United States or any state or territory
thereof.
(4) Fraud or any misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal. Making any misrepresentation for the
purpose of obtaining licensure or violating any provision
of this Act or the rules adopted under this Act.
(5) Incompetence or misconduct in the practice of
cemetery operations. Professional incompetence.
(6) Gross malpractice.
(7) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(8) Failing, within 10 business days, to provide
information in response to a written request made by the
Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(10) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol,
narcotics, stimulants, or any other substances that
results in the inability to practice pursuant to the
provisions of this Act with reasonable judgment, skill, or
safety while acting under the provisions of this Act.
Inability to practice with reasonable judgment, skill, or
safety as a result of habitual or excessive use of
alcohol, narcotics, stimulants, or any other chemical
agent or drug.
(11) Discipline by another agency, state, territory,
foreign country, the District of Columbia, the United
States government territory, or any other government
agency foreign nation, if at least one of the grounds for
the discipline is the same or substantially equivalent to
those set forth in this Act Section.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership, or
association any fee, commission, rebate, or other form of
compensation for professional services not actually or
personally rendered.
(13) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation or failed to
comply with such terms.
(14) Willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with any governmental agency or
department.
(15) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to, loss of
motor skill, mental illness, or disability.
(16) Failure to comply with an order, decision, or
finding of the Department made pursuant to this Act.
(17) Directly or indirectly receiving compensation for
any professional services not actually performed.
(18) Practicing under a false or, except as provided
by law, an assumed name.
(19) Using or attempting to use an expired, inactive,
suspended, or revoked license or impersonating another
licensee. Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(20) A finding by the Department that an applicant or
licensee has failed to pay a fine imposed by the
Department. Cheating on or attempting to subvert the
licensing examination administered under this Act.
(21) Unjustified failure to honor its contracts.
(22) Negligent supervision of a cemetery manager,
customer service employee, employee, or independent
contractor.
(23) (Blank). A pattern of practice or other behavior
which demonstrates incapacity or incompetence to practice
under this Act.
(24) (Blank). Allowing an individual who is not, but
is required to be, licensed under this Act to perform work
for the cemetery authority.
(25) (Blank).
(b) No action may be taken under this Act against a person
licensed under this Act for an occurrence or alleged
occurrence that predates the enactment of this Act unless the
action is commenced within 5 years after the occurrence of the
alleged violations, except for a violation of item (3) of
subsection (a) of this Section. If a person licensed under
this Act violates item (3) of subsection (a) of this Section,
then the action may commence within 10 years after the
occurrence of the alleged violation. A continuing violation
shall be deemed to have occurred on the date when the
circumstances last existed that give rise to the alleged
violation.
(c) In enforcing this Section, the Department, upon a
showing of a possible violation, may order a licensee or
applicant to submit to a mental or physical examination, or
both, at the expense of the Department. The Department may
order the examining physician to present testimony concerning
his or her examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Department. The licensee or applicant may have, at his or her
own expense, another physician of his or her choice present
during all aspects of the examination. Failure of a licensee
or applicant to submit to any such examination when directed,
without reasonable cause, shall be grounds for either
immediate suspending of his or her license or immediate denial
of his or her application.
(1) If the Secretary immediately suspends the license
of a licensee for his or her failure to submit to a mental
or physical examination when directed, a hearing must be
convened by the Department within 15 days after the
suspension and completed without appreciable delay.
(2) If the Secretary otherwise suspends a license
pursuant to the results of the licensee's mental or
physical examination, a hearing must be convened by the
Department within 15 days after the suspension and
completed without appreciable delay. The Department shall
have the authority to review the licensee's record of
treatment and counseling regarding the relevant impairment
or impairments to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
(3) Any licensee suspended under this subsection shall
be afforded an opportunity to demonstrate to the
Department that he or she can resume practice in
compliance with the acceptable and prevailing standards
under the provisions of his or her license.
(d) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. Such suspension may
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission,
the issuance of an order so finding and discharging the
patient, and the filing of a petition for restoration
demonstrating fitness to practice.
(e) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department shall refuse to
issue or renew or shall revoke or suspend that person's
license or shall take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services under
paragraph (5) of subsection (a) of Section 2105-15 of the
Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(f) The Department shall refuse to issue or renew or shall
revoke or suspend a person's license or shall take other
disciplinary action against that person for his or her failure
to file a return, to pay the tax, penalty, or interest shown in
a filed return, or to pay any final assessment of tax, penalty,
or interest as required by any tax Act administered by the
Department of Revenue, until the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-15. Injunction; cease Cease and desist order.
(a) If any person or entity violates a provision of this
Act, the Secretary may, in the name of the People of the State
of Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining such violation or
for an order enforcing compliance with this Act. Upon the
filing of a verified petition in such court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation.
If it is established that such person or entity has violated or
is violating the injunction, the court may punish the offender
for contempt of court. Proceedings under this Section are in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act. The Secretary may issue an
order to cease and desist to any licensee or other person doing
business without the required license when, in the opinion of
the Secretary, the licensee or other person is violating or is
about to violate any provision of this Act or any rule or
requirement imposed in writing by the Department.
(b) Whenever in the opinion of the Department any person
or entity violates any provision of this Act, the Department
may issue a rule to show cause why an order to cease and desist
should not be entered against them. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued immediately. The
Secretary may issue an order to cease and desist prior to a
hearing and such order shall be in full force and effect until
a final administrative order is entered.
(c) The Secretary shall serve notice of his or her action,
designated as an order to cease and desist made pursuant to
this Section, including a statement of the reasons for the
action, either personally or by certified mail, return receipt
requested. Service by certified mail shall be deemed completed
when the notice is deposited in the United States mail and sent
to the address of record or, in the case of unlicensed
activity, the address known to the Department.
(d) Within 15 days after service of the order to cease and
desist, the licensee or other person may request, in writing,
a hearing.
(e) The Secretary shall schedule a hearing within 30 days
after the request for a hearing unless otherwise agreed to by
the parties.
(f) The Secretary shall have the authority to prescribe
rules for the administration of this Section.
(g) If, after hearing, it is determined that the Secretary
has the authority to issue the order to cease and desist, he or
she may issue such orders as may be reasonably necessary to
correct, eliminate, or remedy such conduct.
(h) The powers vested in the Secretary by this Section are
additional to any and all other powers and remedies vested in
the Secretary by law and nothing in this Section shall be
construed as requiring that the Secretary shall employ the
power conferred in this Section instead of or as a condition
precedent to the exercise of any other power or remedy vested
in the Secretary.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-25. Investigations, notice, hearings.
(a) The Department may investigate the actions of any
applicant or of any person or entity holding or claiming to
hold a license under this Act. The Department may at any time
investigate the actions of any applicant or of any person or
persons rendering or offering to render services as a cemetery
authority, cemetery manager, or customer service employee of
or any person holding or claiming to hold a license as a
licensed cemetery authority, cemetery manager, or customer
service employee. If it appears to the Department that a
person has engaged in, is engaging in, or is about to engage in
any practice declared to be unlawful by this Act, then the
Department may: (1) require that person to file on such terms
as the Department prescribes a statement or report in writing,
under oath or otherwise, containing all information the
Department may consider necessary to ascertain whether a
licensee is in compliance with this Act, or whether an
unlicensed person is engaging in activities for which a
license is required; (2) examine under oath any individual in
connection with the books and records pertaining to or having
an impact upon the operation of a cemetery; (3) examine any
books and records of the licensee that the Department may
consider necessary to ascertain compliance with this Act; and
(4) require the production of a copy of any record, book,
document, account, or paper that is produced in accordance
with this Act and retain it in his or her possession until the
completion of all proceedings in connection with which it is
produced.
(b) The Department shall, before disciplining an applicant
or licensee, at least 30 days prior to the date set for the
hearing: (i) notify, in writing, the accused of the charges
made and the time and place for the hearing on the charges,
(ii) direct him or her to file a written answer to the charges
under oath within 20 days after service of the notice, and
(iii) inform the applicant or licensee that failure to file an
answer will result in a default being entered against the
applicant or licensee. The Secretary may, after 10 days notice
by certified mail with return receipt requested to the
licensee at the address of record or to the last known address
of any other person stating the contemplated action and in
general the grounds therefor, fine such licensee an amount not
exceeding $10,000 per violation or revoke, suspend, refuse to
renew, place on probation, or reprimand any license issued
under this Act if he or she finds that:
(1) the licensee has failed to comply with any
provision of this Act or any order, decision, finding,
rule, regulation, or direction of the Secretary lawfully
made pursuant to the authority of this Act; or
(2) any fact or condition exists which, if it had
existed at the time of the original application for the
license, clearly would have warranted the Secretary in
refusing to issue the license.
(c) Written or electronic notice, and any notice in the
subsequent proceedings, may be served by personal delivery, by
email, or by mail to the applicant or licensee at his or her
address of record or email address of record. The Secretary
may fine, revoke, suspend, refuse to renew, place on
probation, reprimand, or take any other disciplinary action as
to the particular license with respect to which grounds for
the fine, revocation, suspension, refuse to renew, probation,
or reprimand, or other disciplinary action occur or exist, but
if the Secretary finds that grounds for revocation are of
general application to all offices or to more than one office
of the licensee, the Secretary shall fine, revoke, suspend,
refuse to renew, place on probation, reprimand, or otherwise
discipline every license to which such grounds apply.
(d) At the time and place fixed in the notice, the hearing
officer appointed by the Secretary shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present any statement, testimony,
evidence, and argument as may be pertinent to the charges or to
their defense. The hearing officer may continue the hearing
from time to time. In every case in which a license is revoked,
suspended, placed on probation, reprimanded, or otherwise
disciplined, the Secretary shall serve the licensee with
notice of his or her action, including a statement of the
reasons for his or her actions, either personally or by
certified mail, return receipt requested. Service by certified
mail shall be deemed completed when the notice is deposited in
the United States mail and sent to the address of record.
(e) In case the licensee or applicant, after receiving the
notice, fails to file an answer, his or her license may, in the
discretion of the Secretary, be suspended, revoked, or placed
on probationary status, or be subject to whatever disciplinary
action the Secretary considers proper, including limiting the
scope, nature, or extent of the person's practice or
imposition of a fine, without hearing, if the act or acts
charged constitute sufficient grounds for the action under
this Act. An order assessing a fine, an order revoking,
suspending, placing on probation, or reprimanding a license
or, an order denying renewal of a license shall take effect
upon service of the order unless the licensee requests, in
writing, within 20 days after the date of service, a hearing.
In the event a hearing is requested, an order issued under this
Section shall be stayed until a final administrative order is
entered.
(f) If the licensee requests a hearing, then the Secretary
shall schedule a hearing within 30 days after the request for a
hearing unless otherwise agreed to by the parties. The
Secretary shall have the authority to appoint an attorney duly
licensed to practice law in the State of Illinois to serve as
the hearing officer in any disciplinary action with regard to
a license. The hearing officer shall have full authority to
conduct the hearing.
(g) The hearing shall be held at the time and place
designated by the Secretary.
(h) The Secretary shall have the authority to prescribe
rules for the administration of this Section.
(i) Fines imposed and any costs assessed shall be paid
within 60 days.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-26 new)
Sec. 25-26. Hearing officer. Notwithstanding any provision
of this Act, the Secretary has the authority to appoint an
attorney licensed to practice law in the State of Illinois to
serve as the hearing officer in any action for refusal to issue
or renew a license or discipline a license. The hearing
officer shall have full authority to conduct the hearing. The
hearing officer shall report his or her findings of fact,
conclusions of law, and recommendations to the Secretary.
(225 ILCS 411/25-30)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-30. Hearing; motion for rehearing Consent order.
(a) The hearing officer appointed by the Secretary shall
hear evidence in support of the formal charges and evidence
produced by the licensee. At the conclusion of the hearing,
the hearing officer shall present to the Secretary a written
report of his or her findings of fact, conclusions of law, and
recommendations.
(b) At the conclusion of the hearing, a copy of the hearing
officer's report shall be served upon the applicant or
licensee, either personally or as provided in this Act for the
service of the notice of hearing. Within 20 calendar days
after such service, the applicant or licensee may present to
the Department a motion, in writing, for a rehearing which
shall specify the particular grounds for rehearing. The
Department may respond to the motion for rehearing within 20
calendar days after its service on the Department. If no
motion for rehearing is filed, then upon the expiration of the
time specified for filing such a motion, or upon denial of a
motion for rehearing, the Secretary may enter an order in
accordance with the recommendations of the hearing officer. If
the applicant or licensee orders from the reporting service
and pays for a transcript of the record within the time for
filing a motion for rehearing, the 20 calendar day period
within which a motion may be filed shall commence upon
delivery of the transcript to the applicant or licensee.
(c) If the Secretary disagrees in any regard with the
report of the hearing officer, the Secretary may issue an
order contrary to the report.
(d) Whenever the Secretary is not satisfied that
substantial justice has been done, the Secretary may order a
hearing by the same or another hearing officer.
(e) At any point in any investigation or disciplinary
proceeding provided for in this Act, both parties may agree to
a negotiated consent order. The consent order shall be final
upon signature of the Secretary.
At any point in any investigation or disciplinary proceeding
provided for in this Act, both parties may agree to a
negotiated consent order. The consent order shall be final
upon signature of the Secretary.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-35)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-35. Record of proceedings; transcript.
(a) The Department, at its expense, shall provide a
certified shorthand reporter to take down the testimony and
preserve a record of all proceedings at the hearing of any case
in which a licensee may be revoked, suspended, placed on
probationary status, reprimanded, fined, or subjected to other
disciplinary action with reference to the license when a
disciplinary action is authorized under this Act and rules.
The notice of hearing, complaint, and all other documents in
the nature of pleadings and written portions filed in the
proceedings, the transcript of the testimony, the report of
the hearing officer, and the orders of the Department shall be
the record of the proceedings. The record may be made
available to any person interested in the hearing upon payment
of the fee required by Section 2105-115 of the Department of
Professional Regulation Law shall preserve a record of all
proceedings at the formal hearing of any case. Any notice, all
documents in the nature of pleadings, written motions filed in
the proceedings, the transcripts of testimony, and orders of
the Department shall be in the record of the proceeding.
(b) The Department may contract for court reporting
services, and, if it does so, the Department shall provide the
name and contact information for the certified shorthand
reporter who transcribed the testimony at a hearing to any
person interested, who may obtain a copy of the transcript of
any proceedings at a hearing upon payment of the fee specified
by the certified shorthand reporter.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-90)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-90. Restoration of license from discipline.
(a) At any time after the successful completion of a term
of indefinite probation, suspension, or revocation of a
license under this Act, the Department may restore the license
to the licensee, unless after an investigation and a hearing
the Secretary determines that restoration is not in the public
interest.
(b) Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
licensee prior to restoring his or her license.
(c) No person whose license has been revoked as authorized
in this Act may apply for restoration of that license until
such time as provided for in the Civil Administrative Code of
Illinois.
(d) A license that has been suspended or revoked shall be
considered non-renewed for purposes of restoration and a
licensee restoring his or her license from suspension or
revocation must comply with the requirements for restoration
as set forth in Section 10-40.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-95)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-95. Administrative review; venue.
(a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Sangamon County.
(c) The Department shall not be required to certify any
record to the court or file any answer in court, or to
otherwise appear in any court in a judicial review proceeding,
unless and until the Department has received from the
plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department.
(d) Failure on the part of the plaintiff to file a receipt
in court shall be grounds for dismissal of the action.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-105)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-105. Unlicensed practice; violations; civil
penalty Violations.
(a) Any person who practices, offers to practice, attempts
to practice, or hold himself or herself out as a cemetery
manager or customer service employee as provided in this Act
without being licensed or exempt under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense, as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is
held in accordance with the provision set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
(b) The Department may investigate any actual, alleged, or
suspected unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) A person or entity not licensed under this Act who has
violated any provision of this Act or its rules is guilty of a
Class A misdemeanor for the first offense and a Class 4 felony
for a second and subsequent offenses.
Each of the following acts is a Class A misdemeanor for the
first offense and a Class 4 felony for each subsequent
offense:
(1) the practice of or attempted practice of or
holding out as available to practice as a cemetery
authority, cemetery manager, or customer service employee
without a license; or
(2) the obtaining of or the attempt to obtain any
license or authorization under this Act by fraud or
misrepresentation.
(Source: P.A. 96-863, eff. 3-1-10; 97-679, eff. 2-6-12.)
(225 ILCS 411/25-115)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-115. Illinois Administrative Procedure Act;
application. The Illinois Administrative Procedure Act is
expressly adopted and incorporated in this Act as if all of the
provisions of that Act were included in this Act, except that
the provision of paragraph (d) of Section 10-65 of the
Illinois Administrative Procedure Act, which provides that at
hearings the licensee has the right to show compliance with
all lawful requirements for retention or continuation or
renewal of the license, is specifically excluded. The
Department shall not be required to annually verify email
addresses as specified in paragraph (a) of subsection (2) of
Section 10-75 of the Illinois Administrative Procedure Act.
For the purpose of this Act, the notice required under Section
10-25 of the Illinois Administrative Procedure Act is
considered sufficient when mailed to the address of record or
emailed to the email address of record.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/35-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 35-5. Penalties. Cemetery authorities shall respect
the rights of consumers of cemetery products and services as
put forth in this Article. Failure to abide by the cemetery
duties listed in this Article or to comply with a request by a
consumer based on a consumer's privileges under this Article
may activate the mediation, citation, or disciplinary
processes in Article 25 of this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/35-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 35-15. Cemetery duties.
(a) Prices for all cemetery-related products offered for
sale by the cemetery authority must be disclosed to the
consumer in writing on a standardized price list.
Memorialization pricing may be disclosed in price ranges. The
price list shall include the effective dates of the prices.
The price list shall include not only the range of interment,
inurnment, and entombment rights, and the cost of extending
the term of any term burial, but also any related merchandise
or services offered by the cemetery authority. Charges for
installation of markers, monuments, and vaults in cemeteries
must be the same without regard to where the item is purchased.
(b) A contract for the interment, inurnment, or entombment
of human remains must be signed by both parties: the consumer
and the cemetery authority or its representative. Such
signature shall be personally signed by the signor on either
paper or electronic format and shall not include a stamp or
electronic facsimile of the signature. Before a contract is
signed, the prices for the purchased services and merchandise
must be disclosed on the contract and in plain language. If a
contract is for a term burial, the term, the option to extend
the term, and the subsequent disposition of the human remains
post-term must be in bold print and discussed with the
consumer. Any contract for the sale of a burial plot, when
designated, must disclose the exact location of the burial
plot based on the survey of the cemetery map or plat on file
with the cemetery authority.
(c) A cemetery authority that has the legal right to
extend a term burial shall, prior to disinterment, provide the
family or other authorized agent under the Disposition of
Remains Act the opportunity to extend the term of a term burial
for the cost as stated on the cemetery authority's current
price list. Regardless of whether the family or other
authorized agent chooses to extend the term burial, the
cemetery authority shall, prior to disinterment, provide
notice to the family or other authorized agent under the
Disposition of Remains Act of the cemetery authority's
intention to disinter the remains and to inter different human
remains in that space.
(d) If any rules or regulations, including the operational
or maintenance requirements, of a cemetery change after the
date a contract is signed for the purchase of cemetery-related
or funeral-related products or services, the cemetery may not
require the consumer, purchaser, or such individual's relative
or representative to purchase any merchandise or service not
included in the original contract or in the rules and
regulations in existence when the contract was entered unless
the purchase is reasonable or required to make the cemetery
authority compliant with applicable law.
(e) No cemetery authority or its agent may engage in
deceptive or unfair practices. The cemetery authority and its
agents may not misrepresent legal or cemetery requirements.
(f) The Department may adopt rules regarding green burial
certification, green cremation products and methods, and
consumer education.
(g) The contractual requirements contained in this Section
only apply to contracts executed after the effective date of
this Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/75-45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 75-45. Fees. The Department shall by rule provide for
fees for the administration and enforcement of this Act, and
those fees are nonrefundable. All of the fees, and fines, and
all other moneys collected under this Act and fees collected
on behalf of the Department under subsection (1) of Section 25
of the Vital Records Act shall be deposited into the Cemetery
Oversight Licensing and Disciplinary Fund and be appropriated
to the Department for the ordinary and contingent expenses of
the Department in the administration and enforcement of this
Act.
(Source: P.A. 96-863, eff. 3-1-10.)
(225 ILCS 411/25-1 rep.)
(225 ILCS 411/25-50 rep.)
(225 ILCS 411/25-55 rep.)
(225 ILCS 411/25-60 rep.)
(225 ILCS 411/25-100 rep.)
(225 ILCS 411/25-110 rep.)
(225 ILCS 411/25-120 rep.)
(225 ILCS 411/25-125 rep.)
(225 ILCS 411/75-20 rep.)
(225 ILCS 411/75-35 rep.)
Section 45. The Cemetery Oversight Act is amended by
repealing Sections 25-1, 25-50, 25-55, 25-60, 25-100, 25-110,
25-120, 25-125, 75-20, and 75-35.
Section 50. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Sections 10, 15,
20, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95,
115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41,
85.1, 86, 161, and 162 as follows:
(225 ILCS 427/10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10. Definitions. As used in this Act:
"Address of record" means the designated street address,
which may not be a post office box, recorded by the Department
in the applicant's or licensee's application file or license
file maintained by the Department Department's licensure
maintenance unit. It is the duty of the applicant or licensee
to inform the Department of any change of address, and such
changes must be made either through the Department's website
or by contacting the Department's licensure maintenance unit.
"Advertise" means, but is not limited to, issuing or
causing to be distributed any card, sign or device to any
person; or causing, permitting or allowing any sign or marking
on or in any building, structure, newspaper, magazine or
directory, or on radio or television; or advertising by any
other means designed to secure public attention, including,
but not limited to, print, electronic, social media, and
digital forums.
"Board" means the Community Association Manager Licensing
and Disciplinary Board.
"Community association" means an association in which
membership is a condition of ownership or shareholder interest
of a unit in a condominium, cooperative, townhouse, villa, or
other residential unit which is part of a residential
development plan and that is authorized to impose an
assessment, rents, or other costs that may become a lien on the
unit or lot.
"Community association funds" means any assessments, fees,
fines, or other funds collected by the community association
manager from the community association, or its members, other
than the compensation paid to the community association
manager for performance of community association management
services.
"Community association management firm" means a company,
corporation, limited liability company, partnership, or other
entity that engages in community association management
services.
"Community association management services" means those
services listed in the definition of community association
manager in this Section.
"Community association manager" means an individual who:
(1) has an ownership interest in or is employed by a
community association management firm, or is directly
employed by or provides services as an independent
contractor to a community association; and
(2) administers for remuneration the financial,
administrative, maintenance, or other duties for the
community association, including the following services:
(A) collecting, controlling or disbursing funds of
the community association or having the authority to
do so;
(B) preparing budgets or other financial documents
for the community association;
(C) assisting in the conduct of community
association meetings;
(D) maintaining association records; and
(E) administering administrating association
contracts or procuring goods and services in
accordance with , as stated in the declaration, bylaws,
proprietary lease, declaration of covenants, or other
governing document of the community association or at
the direction of the board of managers; and
(F) coordinating financial, administrative,
maintenance, or other duties called for in the
management contract, including individuals who are
direct employees of the community association.
"Community association manager" does not mean support
staff, including, but not limited to bookkeepers,
administrative assistants, secretaries, property inspectors,
or customer service representatives.
"Department" means the Department of Financial and
Professional Regulation.
"Designated community association manager" means a
licensed community association manager who: (1) has an
ownership interest in or is employed by a community
association management firm to act as a controlling person;
and (2) is the authorized signatory or has delegated signing
authority for the firm on community association accounts; and
(3) supervises, manages, and is responsible for the firm's
community association manager activities pursuant to Section
50 of this Act.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department.
"License" means the privilege conferred by the Department
to a person that has fulfilled all requirements prerequisite
to any type of licensure under this Act license issued to a
person, corporation, partnership, limited liability company,
or other legal entity under this Act to provide community
association management services.
"Licensee" means a community association manager or a
community association management firm.
"Person" means any individual, corporation, partnership,
limited liability company, or other legal entity.
"Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
"Supervising community association manager" means an
individual licensed as a community association manager who
manages and supervises a firm.
(Source: P.A. 100-201, eff. 8-18-17.)
(225 ILCS 427/12 new)
Sec. 12. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change through the Department's website or in a
manner prescribed by the Department.
(225 ILCS 427/15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. License required. It shall be unlawful for any
person, corporation, partnership, limited liability company,
or other entity to provide community association management
services, provide services as a community association manager,
or hold the person himself, herself, or itself out as a
community association manager or community association
management firm to any community association in this State,
unless the person holds he, she, or it holds a current and
valid license issued licensed by the Department or the person
is otherwise exempt from licensure under this Act.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20. Exemptions.
(a) The requirement for holding a license under this Act
shall not apply to any of the following:
(1) Any director or , officer, or member of a community
association providing one or more of the services of a
community association manager to a community association
without compensation for such services to the association.
(2) Any person, corporation, partnership, or limited
liability company providing one or more of the services of
a community association manager to a community association
of 10 units or less.
(3) A licensed attorney acting solely as an incident
to the practice of law.
(4) An individual A person acting as a receiver,
trustee in bankruptcy, administrator, executor, or
guardian acting under a court order or under the authority
of a court will or of a trust instrument.
(5) A person licensed in this State under any other
Act who engages in practices or activities specifically
authorized by the Act pursuant to which the license was
granted from engaging the practice for which he or she is
licensed.
(b) A licensed community association manager may not
perform or engage in any activities for which a real estate
managing broker, or real estate broker, or residential leasing
agent broker's license is required under the Real Estate
License Act of 2000, unless the licensee he or she also
possesses a current and valid license under the Real Estate
License Act of 2000 and is providing those services as
provided for in the Real Estate License Act of 2000 and the
applicable rules.
(c) (Blank). A person may temporarily act as, or provide
services as, a community association manager without being
licensed under this Act if the person (i) is a community
association manager regulated under the laws of another state
or territory of the United States or another country and (ii)
has applied in writing to the Department, on forms prepared
and furnished by the Department, for licensure under this Act.
This temporary right to act as a community association manager
shall expire 6 months after the filing of his or her written
application to the Department; upon the withdrawal of the
application for licensure under this Act; or upon delivery of
a notice of intent to deny the application from the
Department; or upon the denial of the application by the
Department, whichever occurs first.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25. Community Association Manager Licensing and
Disciplinary Board.
(a) There is hereby created the Community Association
Manager Licensing and Disciplinary Board, which shall consist
of 7 members appointed by the Secretary. All members must be
residents of the State and must have resided in the State for
at least 5 years immediately preceding the date of
appointment. Five members of the Board must be licensees under
this Act, at least two members of which shall be supervising
community association managers. Two members of the Board shall
be owners of, or hold a shareholder's interest in, a unit in a
community association at the time of appointment who are not
licensees under this Act and have no direct affiliation or
work experience with the community association's community
association manager. This Board shall act in an advisory
capacity to the Department.
(b) The term of each member Members serving on the Board on
the effective date of this amendatory Act of the 100th General
Assembly may serve the remainder of their unexpired terms.
Thereafter, the members' terms shall be for 4 years or until
that member's successor is appointed and expire upon
completion of the term. No member shall be reappointed to the
Board for a term that would cause the member's his or her
cumulative service to the Board to exceed 10 years.
Appointments to fill vacancies shall be made by the Secretary
for the unexpired portion of the term. The Secretary shall
remove from the Board any member whose license has become void
or has been revoked or suspended and may remove any member of
the Board for neglect of duty, misconduct, or incompetence. A
member who is subject to formal disciplinary proceedings shall
be disqualified disqualify himself or herself from all Board
business until the charge is resolved. A member also shall be
disqualified disqualify himself or herself from any matter on
which the member cannot act objectively.
(c) Four Board members shall constitute a quorum. A quorum
is required for all Board decisions.
(d) The Board shall elect annually, at its first meeting
of the fiscal year, a chairperson and vice chairperson.
(e) Each member shall receive reimbursement as set by the
Governor's Travel Control Board for expenses incurred in
carrying out the duties as a Board member. The Board shall be
compensated as determined by the Secretary.
(f) The Board may recommend policies, procedures, and
rules relevant to the administration and enforcement of this
Act.
(Source: P.A. 100-886, eff. 8-14-18.)
(225 ILCS 427/27)
(Section scheduled to be repealed on January 1, 2022)
Sec. 27. Immunity from liability. Any member of the Board,
any attorney providing advice to the Board or Department, any
person acting as a consultant to the Board or Department, and
any witness testifying in a proceeding authorized under this
Act, excluding the party making the complaint, shall be immune
from liability in any civil action brought against him or her
for acts occurring while acting in one's his or her capacity as
a Board member, attorney, consultant, or witness,
respectively, unless the conduct that gave rise to the action
was willful or wanton misconduct.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/30)
(Section scheduled to be repealed on January 1, 2022)
Sec. 30. Powers and duties of the Department. The
Department may exercise the following functions, powers and
duties:
(a) formulate rules for the administration and
enforcement of this Act;
(b) prescribe forms to be issued for the
administration and enforcement of this Act and utilize
regular or electronic mail, at the discretion of the
Department, to send notices and other information to
applicants and licensees;
(c) conduct hearings or proceedings to refuse to issue
or , renew, or to suspend, revoke, place on probation,
reprimand, or take disciplinary or non-disciplinary action
as the Department may deem appropriate under this Act;
(d) (blank); maintain a roster of the names and
addresses of all licensees in a manner as deemed
appropriate by the Department; and
(e) seek the advice and expert knowledge of the Board
on any matter relating to the administration and
enforcement of this Act; and .
(f) exercise any and all general powers and duties set
forth in Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/40)
(Section scheduled to be repealed on January 1, 2022)
Sec. 40. Qualifications for licensure as a community
association manager.
(a) No person shall be qualified for licensure as a
community association manager under this Act, unless the
person he or she has applied in writing on the prescribed forms
and has paid the required, nonrefundable fees and has met
meets all of the following qualifications:
(1) Is He or she is at least 18 years of age.
(1.5) Successfully completed a 4-year course of study
in a high school, secondary school, or an equivalent
course of study approved by the state in which the school
is located, or possess a high school equivalency
certificate, which shall be verified under oath by the
applicant.
(2) Provided He or she provides satisfactory evidence
of having completed at least 20 classroom hours in
community association management courses approved by the
Board.
(3) Passed He or she has passed an examination
authorized by the Department.
(4) Has He or she has not committed an act or acts, in
this or any other jurisdiction, that would be a violation
of this Act.
(5) Is He or she is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or activities that would
constitute grounds for discipline under this Act. Good
moral character is a continuing requirement of licensure.
Conviction of crimes may be used in determining moral
character, but shall not constitute an absolute bar to
licensure.
(6) Has He or she has not been declared by any court of
competent jurisdiction to be incompetent by reason of
mental or physical defect or disease, unless a court has
subsequently declared by a court him or her to be
competent.
(7) Complies He or she complies with any additional
qualifications for licensure as determined by rule of the
Department.
(b) (Blank). The education requirement set forth in item
(2) of subsection (a) of this Section shall not apply to
persons holding a real estate managing broker or real estate
broker license in good standing issued under the Real Estate
License Act of 2000.
(c) (Blank). The examination and initial education
requirement of items (2) and (3) of subsection (a) of this
Section shall not apply to any person who within 6 months from
the effective date of the requirement for licensure, as set
forth in Section 170 of this Act, applies for a license by
providing satisfactory evidence to the Department of
qualifying experience or education, as may be set forth by
rule, including without limitation evidence that he or she has
practiced community association management for a period of 5
years.
(d) Applicants have 3 years from the date of application
to complete the application process. If the process has not
been completed within the 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
re-application.
(e) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old
at the time of the offense and before January 1, 2014,
unless the nature of the offense required the individual
to be tried as an adult;
(3) records of arrest not followed by a charge or
conviction;
(4) records of arrest in which the charges were
dismissed unless related to the practice of the
profession; however, applicants shall not be asked to
report any arrests, and an arrest not followed by a
conviction shall not be the basis of a denial and may be
used only to assess an applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(f) An applicant or licensee shall report to the
Department, in a manner prescribed by the Department, and
within 30 days after the occurrence if during the term of
licensure: (i) any conviction of or plea of guilty or nolo
contendere to forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, conspiracy to defraud, or
any similar offense or offenses or any conviction of a felony
involving moral turpitude; (ii) the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction that has as an essential element dishonesty or
fraud or involves larceny, embezzlement, or obtaining money,
property, or credit by false pretenses; or (iii) any
conviction of or plea of guilty or nolo contendere to a crime
that subjects the licensee to compliance with the requirements
of the Sex Offender Registration Act.
(Source: P.A. 100-892, eff. 8-14-18.)
(225 ILCS 427/41 new)
Sec. 41. Qualifications for licensure as a community
association management firm. Any person who desires to obtain
a community association management firm license must:
(1) apply to the Department on forms prescribed by the
Department and pay the required fee;
(2) provide evidence to the Department that the
community association management firm has a licensed and
designated community association manager;
(3) be authorized to conduct business in the State of
Illinois and provide proof of such authorization to the
Department; and
(4) comply with all requirements as may be set forth
by rule.
(225 ILCS 427/45)
(Section scheduled to be repealed on January 1, 2022)
Sec. 45. Examinations.
(a) The Department shall authorize examinations of
applicants for licensure as a community association manager at
such times and places as it may determine. The examination of
applicants shall be of a character to give a fair test of the
qualifications of the applicant to practice as a community
association manager.
(b) Applicants for examination shall be required to pay,
either to the Department or the designated testing service, a
fee covering the cost of providing the examination.
(c) The Department may employ consultants to prepare and
conduct for the purpose of preparing and conducting
examinations.
(d) An applicant shall be eligible to take the examination
only after successfully completing the education requirements
set forth in this Act and attaining the minimum education and
age required under this Act.
(e) (Blank). The examination approved by the Department
should utilize the basic principles of professional testing
standards utilizing psychometric measurement. The examination
shall use standards set forth by the National Organization for
Competency Assurances and shall be approved by the Department.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/50)
(Section scheduled to be repealed on January 1, 2022)
Sec. 50. Community association management firm.
(a) No corporation, partnership, limited liability
company, or other legal entity shall provide or offer to
provide community association management services, unless it
has applied in writing on the prescribed forms and has paid the
required nonrefundable fees and provided evidence to the
Department that the firm has designated a licensed supervising
community association manager to supervise and manage the
firm. Having a A designated supervising community association
manager shall be a continuing requirement of firm licensure.
No supervising community association manager may be the
supervising community association manager for more than one
firm.
(b) Any corporation, partnership, limited liability
company, or other legal entity that is providing, or offering
to provide, community association management services and is
not in compliance with this Section 50 and other provisions of
this Act shall be subject to the civil penalties fines,
injunctions, cease and desist provisions, and penalties
provided for in Sections 90, 92, and 155 of this Act.
(c) No community association manager may be the designated
community association manager licensee-in-charge for more than
one firm, corporation, limited liability company, partnership,
or other legal entity. The designated community association
manager shall supervise and manage all licensed and unlicensed
employees acting on behalf of the community association
management firm. The designated community association manager
shall supervise and manage all independent contractors
providing community association management services on behalf
of the community association management firm. The community
association management firm and the designated community
association manager shall be responsible for all actions of
which they had knowledge taken on behalf of the community
association management firm.
(d) The Department may adopt rules and set all necessary
requirements for the implementation of this Section.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/55)
(Section scheduled to be repealed on January 1, 2022)
Sec. 55. Fidelity insurance; segregation of accounts.
(a) The designated supervising community association
manager or the community association management firm that
employs the designated community association manager with
which he or she is employed shall not have access to and
disburse community association funds unless each of the
following conditions occur:
(1) There is fidelity insurance in place to insure
against loss or for theft of community association funds.
(2) The fidelity insurance is in the maximum amount of
coverage available to protect funds in the custody or not
less than all moneys under the control of the designated
supervising community association manager or the employing
community association management firm providing service to
for the association.
(3) During the term and coverage period of the
insurance, the The fidelity insurance shall cover covers
the :
(A) the designated community association manager; ,
supervising community association manager, and
(B) the community association management firm;
(C) all community association managers;
(D) all all partners, officers, and employees of
the community association management firm; and during
the term of the insurance coverage, which shall be at
least for the same term as the service agreement
between the community association management firm or
supervising community association manager as well as
(E) the community association officers, directors,
and employees.
(4) The insurance company issuing the fidelity
insurance may not cancel or refuse to renew the bond
without giving at least 10 days' prior written notice.
(5) Unless an agreement between the community
association and the designated supervising community
association manager or the community association
management firm provides to the contrary, a community
association may secure and pay for the fidelity insurance
required by this Section. The designated supervising
community association manager, all other licensees, and or
the community association management firm must be named as
additional insured parties on the community association
policy.
(b) A community association management firm that provides
community association management services for more than one
community association shall maintain separate, segregated
accounts for each community association or, with the consent
of the community association, combine the accounts of one or
more community associations, but in that event, separately
account for the funds of each community association. The funds
shall not, in any event, be commingled with the supervising
community association manager's or community association
management firm's funds. The funds shall not, in any event, be
commingled with the funds of the community association
manager, the community association management firm, or any
other community association. The maintenance of such accounts
shall be custodial, and such accounts shall be in the name of
the respective community association or community association
manager or Community Association Management Agency as the
agent for the association.
(c) The designated supervising community association
manager or community association management firm shall obtain
the appropriate general liability and errors and omissions
insurance, as determined by the Department, to cover any
losses or claims against a the supervising community
association manager, the designated community association
manager, or the community association management firm.
(d) The Department shall have authority to promulgate
additional rules regarding insurance, fidelity insurance and
all accounts maintained and to be maintained by a community
association manager, designated supervising community
association manager, or community association management firm.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/60)
(Section scheduled to be repealed on January 1, 2022)
Sec. 60. Licenses; renewals; restoration; person in
military service.
(a) The expiration date, fees, and renewal period for each
license issued under this Act shall be set by rule. The
Department may promulgate rules requiring continuing education
and set all necessary requirements for such, including but not
limited to fees, approved coursework, number of hours, and
waivers of continuing education.
(b) Any licensee who has an expired permitted his, her, or
its license to expire may have the license restored by
applying making application to the Department and filing proof
acceptable to the Department of fitness to have the expired
his, her, or its license restored, by which may include sworn
evidence certifying to active practice in another jurisdiction
satisfactory to the Department, complying with any continuing
education requirements, and paying the required restoration
fee.
(c) Any If the person has not maintained an active
practice in another jurisdiction satisfactory to the
Department, the Department shall determine, by an evaluation
program established by rule, the person's fitness to resume
active status and may require the person to complete a period
of evaluated clinical experience and successful completion of
a practical examination. However, any person whose license
expired while (i) in federal service on active duty with the
Armed Forces of the United States or called into service or
training with the State Militia or (ii) in training or
education under the supervision of the United States
preliminary to induction into the military service may have
the his or her license renewed or restored without paying any
lapsed renewal fees if, within 2 years after honorable
termination of the service, training or education, except
under condition other than honorable, the licensee he or she
furnishes the Department with satisfactory evidence of
engagement to the effect that he or she has been so engaged and
that the service, training, or education has been so honorably
terminated.
(d) A community association manager or , community
association management firm that or supervising community
association manager who notifies the Department, in a manner
writing on forms prescribed by the Department, may place the
his, her, or its license on inactive status for a period not to
exceed 2 years and shall be excused from the payment of renewal
fees until the person notifies the Department in writing of
the intention to resume active practice.
(e) A community association manager, community association
management firm, or supervising community association manager
requesting that the his, her, or its license be changed from
inactive to active status shall be required to pay the current
renewal fee and shall also demonstrate compliance with the
continuing education requirements.
(f) No Any licensee with a nonrenewed or on inactive
license status or community association management firm
operation without a designated community association manager
shall not provide community association management services as
set forth in this Act.
(g) Any person violating subsection (f) of this Section
shall be considered to be practicing without a license and
will be subject to the disciplinary provisions of this Act.
(h) The Department shall not renew a license if the
licensee has an unpaid fine from a disciplinary matter or an
unpaid fee from a non-disciplinary action imposed by the
Department until the fine or fee is paid to the Department or
the licensee has entered into a payment plan and is current on
the required payments.
(i) The Department shall not issue a license if the
applicant has an unpaid fine imposed by the Department for
unlicensed practice until the fine is paid to the Department
or the applicant has entered into a payment plan and is current
on the required payments.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/65)
(Section scheduled to be repealed on January 1, 2022)
Sec. 65. Fees; Community Association Manager Licensing and
Disciplinary Fund.
(a) The fees for the administration and enforcement of
this Act, including, but not limited to, initial licensure,
renewal, and restoration, shall be set by rule of the
Department. The fees shall be nonrefundable.
(b) In addition to the application fee, applicants for the
examination are required to pay, either to the Department or
the designated testing service, a fee covering the cost of
determining an applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application and fee for examination have been
received and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the fee.
(c) All fees, fines, penalties, or other monies received
or collected pursuant to this Act shall be deposited in the
Community Association Manager Licensing and Disciplinary Fund.
(d) Moneys in the Community Association Manager Licensing
and Disciplinary Fund may be transferred to the Professions
Indirect Cost Fund, as authorized under Section 2105-300 of
the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois.
(Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14.)
(225 ILCS 427/70)
(Section scheduled to be repealed on January 1, 2022)
Sec. 70. Penalty for insufficient funds; payments. Any
person who:
(1) delivers a check or other payment to the
Department that is returned to the Department unpaid by
the financial institution upon which it is drawn; or
(2) presents a credit or debit card for payment that
is invalid or expired or against which charges by the
Department are declined or dishonored;
shall pay to the Department, in addition to the amount already
owed to the Department, a fine of $50. The Department shall
notify the person that payment of fees and fines shall be paid
to the Department by certified check or money order within 30
calendar days after notification. If, after the expiration of
30 days from the date of the notification, the person has
failed to submit the necessary remittance, the Department
shall automatically terminate the license or deny the
application, without hearing. After If, after termination or
denial, the person seeking seeks a license, he, she, or it
shall apply to the Department for restoration or issuance of
the license and pay all fees and fines due to the Department.
The Department may establish a fee for the processing of an
application for restoration of a license to pay all expenses
of processing this application. The Secretary may waive the
fines due under this Section in individual cases where the
Secretary finds that the fines would be unreasonable or
unnecessarily burdensome.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/75)
(Section scheduled to be repealed on January 1, 2022)
Sec. 75. Endorsement. The Department may issue a
community association manager or supervising community
association manager license, without the required examination,
to an applicant licensed under the laws of another state if the
requirements for licensure in that state are, on the date of
licensure, substantially equal to the requirements of this Act
or to a person who, at the time of his or her application for
licensure, possessed individual qualifications that were
substantially equivalent to the requirements then in force in
this State. An applicant under this Section shall pay all of
the required fees.
All applicants under this Act Applicants have 3 years from
the date of application to complete the application process.
If the process has not been completed within the 3 years, the
application shall be denied, the fee shall be forfeited, and
the applicant must reapply and meet the requirements in effect
at the time of reapplication.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/85)
(Section scheduled to be repealed on January 1, 2022)
Sec. 85. Grounds for discipline; refusal, revocation, or
suspension.
(a) The Department may refuse to issue or renew a license,
or may place on probation, reprimand, suspend, or revoke any
license, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $10,000 for each violation upon any licensee or
applicant under this Act or any person or entity who holds
oneself himself, herself, or itself out as an applicant or
licensee for any one or combination of the following causes:
(1) Material misstatement in furnishing information to
the Department.
(2) Violations of this Act or its rules.
(3) Conviction of or entry of a plea of guilty or plea
of nolo contendere, as set forth in subsection (f) of
Section 40, to (i) a felony or a misdemeanor under the laws
of the United States, any state, or any other jurisdiction
or entry of an administrative sanction by a government
agency in this State or any other jurisdiction or (ii) a
crime that subjects the licensee to compliance with the
requirements of the Sex Offender Registration Act; or the
entry of an administrative sanction by a government agency
in this State or any other jurisdiction. Action taken
under this paragraph (3) for a misdemeanor or an
administrative sanction is limited to a misdemeanor or
administrative sanction that has as an essential element
dishonesty or fraud, that involves larceny, embezzlement,
or obtaining money, property, or credit by false pretenses
or by means of a confidence game, or that is directly
related to the practice of the profession.
(4) Making any misrepresentation for the purpose of
obtaining a license or violating any provision of this Act
or its rules.
(5) Professional incompetence.
(6) Gross negligence.
(7) Aiding or assisting another person in violating
any provision of this Act or its rules.
(8) Failing, within 30 days, to provide information in
response to a request made by the Department.
(9) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Department.
(10) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in the inability to practice
with reasonable judgment, skill, or safety.
(11) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a
governmental agency authorized to impose discipline if at
least one of the grounds for the discipline is the same or
substantially equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(12) Directly or indirectly giving to or receiving
from any person, firm, corporation, partnership or
association any fee, commission, rebate, or other form of
compensation for any professional services not actually or
personally rendered.
(13) A finding by the Department that the licensee,
after having the his, her, or its license placed on
probationary status, has violated the terms of probation.
(14) Willfully making or filing false records or
reports relating to a licensee's practice, including but
not limited to false records filed with any State or
federal agencies or departments.
(15) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(16) Physical illness or mental illness or impairment,
including, but not limited to, deterioration through the
aging process or loss of motor skill that results in the
inability to practice the profession with reasonable
judgment, skill, or safety.
(17) Solicitation of professional services by using
false or misleading advertising.
(18) A finding that licensure has been applied for or
obtained by fraudulent means.
(19) Practicing or attempting to practice under a name
other than the full name as shown on the license or any
other legally authorized name unless approved by the
Department.
(20) Gross overcharging for professional services
including, but not limited to, (i) collection of fees or
moneys for services that are not rendered; and (ii)
charging for services that are not in accordance with the
contract between the licensee and the community
association.
(21) Improper commingling of personal and client funds
in violation of this Act or any rules promulgated thereto.
(22) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(23) Giving differential treatment to a person that is
to that person's detriment on the basis because of race,
color, creed, sex, ancestry, age, order of protection
status, marital status, physical or mental disability,
military status, unfavorable discharge from military
status, sexual orientation, pregnancy, religion, or
national origin.
(24) Performing and charging for services without
reasonable authorization to do so from the person or
entity for whom service is being provided.
(25) Failing to make available to the Department, upon
request, any books, records, or forms required by this
Act.
(26) Purporting to be a designated supervising
community association manager of a firm without active
participation in the firm and having been designated as
such.
(27) Failing to make available to the Department at
the time of the request any indicia of licensure or
registration issued under this Act.
(28) Failing to maintain and deposit funds belonging
to a community association in accordance with subsection
(b) of Section 55 of this Act.
(29) Violating the terms of a disciplinary order
issued by the Department.
(30) Operating a community association management firm
without a designated community association manager who
holds an active community association manager license.
(31) For a designated community association manager,
failing to meet the requirements for acting as a
designated community association manager.
(32) Failing to disclose to a community association
any compensation received by a licensee from a third party
in connection with or related to a transaction entered
into by the licensee on behalf of the community
association.
(33) Failing to disclose to a community association,
at the time of making the referral, that a licensee (A) has
greater than a 1% ownership interest in a third party to
which it refers the community association; or (B) receives
or may receive dividends or other profit sharing
distributions from a third party, other than a publicly
held or traded company, to which it refers the community
association.
(b) (Blank).
(c) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
terminate only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient, and upon the recommendation of the Board to the
Secretary that the licensee be allowed to resume his or her
practice as a licensed community association manager.
(d) In accordance with subsection (g) of Section 2105-15
of the Department of Professional Regulation Law of the Civil
Administrative Code of Illinois (20 ILCS 2105/2105-15), the
Department may refuse to issue or renew or may suspend the
license of any person who fails to file a return, to pay the
tax, penalty, or interest shown in a filed return, or to pay
any final assessment of tax, penalty, or interest, as required
by any tax Act administered by the Department of Revenue,
until such time as the requirements of that tax Act are
satisfied.
(e) In accordance with subdivision (a)(5) of Section
2105-15 of the Department of Professional Regulation Law of
the Civil Administrative Code of Illinois (20 ILCS
2105/2105-15) and in cases where the Department of Healthcare
and Family Services (formerly Department of Public Aid) has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child support
and has subsequently certified the delinquency to the
Department, the Department may refuse to issue or renew or may
revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services.
(f) (Blank). In enforcing this Section, the Department or
Board upon a showing of a possible violation may compel a
licensee or an individual licensed to practice under this Act,
or who has applied for licensure under this Act, to submit to a
mental or physical examination, or both, as required by and at
the expense of the Department. The Department or Board may
order the examining physician to present testimony concerning
the mental or physical examination of the licensee or
applicant. No information shall be excluded by reason of any
common law or statutory privilege relating to communications
between the licensee or applicant and the examining physician.
The examining physicians shall be specifically designated by
the Board or Department. The individual to be examined may
have, at his or her own expense, another physician of his or
her choice present during all aspects of this examination.
Failure of an individual to submit to a mental or physical
examination, when directed, shall be grounds for suspension of
his or her license or denial of his or her application or
renewal until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal
to submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice; or, in lieu of care, counseling, or treatment,
the Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend,
revoke, deny, or otherwise discipline the license of the
individual. An individual whose license was granted,
continued, reinstated, renewed, disciplined or supervised
subject to such terms, conditions, or restrictions, and who
fails to comply with such terms, conditions, or restrictions,
shall be referred to the Secretary for a determination as to
whether the individual shall have his or her license suspended
immediately, pending a hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 30
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 427/85.1 new)
Sec. 85.1. Citations.
(a) The Department may adopt rules to permit the issuance
of citations to any licensee for failure to comply with the
continuing education requirements set forth in this Act or as
established by rule. The citation shall be issued to the
licensee and a copy sent to the licensee's designated
community association manager, and shall contain the
licensee's name, the licensee's address, the licensee's
license number, the number of required hours of continuing
education that have not been successfully completed by the
licensee within the renewal period, and the penalty imposed,
which shall not exceed $2,000. The issuance of any such
citation shall not excuse the licensee from completing all
continuing education required for that renewal period.
(b) Service of a citation shall be made in person,
electronically, or by mail to the licensee at the licensee's
address of record or email address of record, and the citation
must clearly state that if the cited licensee wishes to
dispute the citation, the cited licensee may make a written
request, within 30 days after the citation is served, for a
hearing before the Department. If the cited licensee does not
request a hearing within 30 days after the citation is served,
then the citation shall become a final, non-disciplinary
order, and any fine imposed is due and payable within 60 days
after that final order. If the cited licensee requests a
hearing within 30 days after the citation is served, the
Department shall afford the cited licensee a hearing conducted
in the same manner as a hearing provided for in this Act for
any violation of this Act and shall determine whether the
cited licensee committed the violation as charged and whether
the fine as levied is warranted. If the violation is found, any
fine shall constitute non-public discipline and be due and
payable within 30 days after the order of the Secretary, which
shall constitute a final order of the Department. No change in
license status may be made by the Department until a final
order of the Department has been issued.
(c) Payment of a fine that has been assessed pursuant to
this Section shall not constitute disciplinary action
reportable on the Department's website or elsewhere unless a
licensee has previously received 2 or more citations and been
assessed 2 or more fines.
(d) Nothing in this Section shall prohibit or limit the
Department from taking further action pursuant to this Act and
rules for additional, repeated, or continuing violations.
(225 ILCS 427/86 new)
Sec. 86. Illegal discrimination. When there has been an
adjudication in a civil or criminal proceeding that a
community association manager or community association
management firm has illegally discriminated while engaged in
any activity for which a license is required under this Act,
the Department, upon the recommendation of the Board as to the
extent of the suspension or revocation, shall suspend or
revoke the license of that licensee in a timely manner, unless
the adjudication is in the appeal process. When there has been
an order in an administrative proceeding finding that a
licensee has illegally discriminated while engaged in any
activity for which a license is required under this Act, the
Department, upon recommendation of the Board as to the nature
and extent of the discipline, shall take one or more of the
disciplinary actions provided for in Section 85 in a timely
manner, unless the administrative order is in the appeal
process.
(225 ILCS 427/90)
(Section scheduled to be repealed on January 1, 2022)
Sec. 90. Violations; injunctions; cease and desist orders.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, petition for an order enjoining the violation or for
an order enforcing compliance with this Act. Upon the filing
of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the Court may punish the offender for contempt of
court. Proceedings under this Section are in addition to, and
not in lieu of, all other remedies and penalties provided by
this Act.
(b) If any person provides , entity or other business may
provide community association management services or provides
provide services as a community association manager to any
community association in this State without having a valid
license under this Act or, in the case of a community
association management firm, without a designated community
association manager, then any licensee, any interested party,
or any person injured thereby may, in addition to the
Secretary, petition for relief as provided in subsection (a)
of this Section.
(c) Whenever in the opinion of the Department any person,
entity or other business violates any provision of this Act,
the Department may issue a rule to show cause why an order to
cease and desist should not be entered against such person,
firm or other entity. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of at least 7 days from the date of the rule to file an
answer to the satisfaction of the Department. If the person,
firm or other entity fails to file an answer satisfactory to
the Department, the matter shall be considered as a default
and the Department may cause an order to cease and desist to be
issued immediately.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/92)
(Section scheduled to be repealed on January 1, 2022)
Sec. 92. Unlicensed practice; violation; civil penalty.
(a) Any person, entity or other business who practices,
offers to practice, attempts to practice, or holds oneself
himself, herself or itself out to practice as a community
association manager or community association management firm
or provides provide services as a community association
manager or community association management firm to any
community association in this State without being licensed
under this Act or, in the case of a community association
management firm, without a designated community association
manager shall, in addition to any other penalty provided by
law, pay a civil penalty to the Department in an amount not to
exceed $10,000 for each offense, as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions set forth in this Act regarding the provision of a
hearing for the discipline of a licensee.
(b) The Department may investigate any and all unlicensed
activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/95)
(Section scheduled to be repealed on January 1, 2022)
Sec. 95. Investigation; notice and hearing. The
Department may investigate the actions or qualifications of a
person, entity or other business applying for, holding or
claiming to hold, or holding oneself out as having a license or
rendering or offering to render services for which a license
is required by this Act and may notify their designated
community association manager, if any, of the pending
investigation. Before suspending, revoking, placing on
probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license,
at least 30 days before the date set for the hearing, the
Department shall (i) notify the accused and their designated
community association manager, if any, in writing of any
charges made and the time and place for a hearing on the
charges before the Board, (ii) direct the accused individual
or entity to file a written answer to the charges with the
Board under oath within 20 days after the service on the
accused him or her of such notice, and (iii) inform the accused
person, entity or other business that if the accused the
person, entity, or other business fails to file an answer,
default will be taken against the accused such person, entity,
or other business and the license of the accused such person,
entity, or other business may be suspended, revoked, placed on
probationary status, or other disciplinary action taken with
regard to the license, including limiting the scope, nature,
or extent of related his or her practice, as the Department may
deem proper. The Department shall serve notice under this
Section by regular or electronic Written notice may be served
by personal delivery or by registered or certified mail to the
applicant's or licensee's applicant or licensee at his or her
last address of record or email address of record as provided
to with the Department. If the accused In case the person fails
to file an answer after receiving notice, the his or her
license may, in the discretion of the Department, be
suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action deemed
proper, including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. The written answer
shall be served by personal delivery or regular , certified
delivery, or certified or registered mail to the Department.
At the time and place fixed in the notice, the Department shall
proceed to hear the charges and the parties or their counsel
shall be accorded ample opportunity to present such
statements, testimony, evidence, and argument as may be
pertinent to the charges or to the defense thereto. The
Department may continue such hearing from time to time. At the
discretion of the Secretary after having first received the
recommendation of the Board, the accused person's license may
be suspended, or revoked, or placed on probationary status or
the Department may take whatever disciplinary action
considered proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine if
the act or acts charged constitute sufficient grounds for that
action under this Act. A copy of the Department's final order
shall be delivered to the accused's designated community
association manager or, if the accused is directly employed by
a community association, to the board of managers of that
association if known to the Department , if the evidence
constitutes sufficient grounds for such action under this Act.
(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
(225 ILCS 427/115)
(Section scheduled to be repealed on January 1, 2022)
Sec. 115. Rehearing. At the conclusion of a hearing and
following deliberation by the Board, a copy of the Board's
report shall be served upon the applicant, licensee, or
unlicensed person by the Department, either personally or as
provided in this Act for the service of a notice of hearing. In
any hearing involving disciplinary action against a licensee,
a copy of the Board's report shall be served upon the
respondent by the Department, either personally or as provided
in this Act for the service of the notice of hearing. Within 20
calendar days after service, the respondent may present to the
Department a motion in writing for a rehearing that shall
specify the particular grounds for rehearing. If no motion for
rehearing is filed, then upon the expiration of the time
specified for filing a motion, or if a motion for rehearing is
denied, then upon denial, the Secretary may enter an order in
accordance with recommendations of the Board, except as
provided in this Act. If the respondent orders from the
reporting service, and pays for, a transcript of the record
within the time for filing a motion for rehearing, the 20
calendar day period within which a motion may be filed shall
commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/120)
(Section scheduled to be repealed on January 1, 2022)
Sec. 120. Appointment of a hearing officer. The Secretary
has the authority to appoint any attorney duly licensed to
practice law in the State of Illinois to serve as the hearing
officer in any action for refusal to issue or renew a license,
or to discipline a licensee. The hearing officer has full
authority to conduct the hearing. The hearing officer shall
report the his findings and recommendations to the Board and
the Secretary. At its next meeting following The Board has 60
calendar days from receipt of the report, the Board shall to
review the report of the hearing officer and present its
findings of fact, conclusions of law, and recommendations to
the Secretary.
If the Board fails to present its report within 30
calendar days following its next meeting after receiving the
report within the 60 calendar day period, the respondent may
request in writing a direct appeal to the Secretary, in which
case the Secretary shall, within 7 calendar days after the
request, issue an order directing the Board to issue its
findings of fact, conclusions of law, and recommendations to
the Secretary within 30 calendar days after such order.
If the Board fails to issue its findings of fact,
conclusions of law, and recommendations within that time frame
to the Secretary after the entry of such order, the Secretary
shall, within 30 calendar days thereafter, issue an order
based upon the report of the hearing officer and the record of
the proceedings or issue an order remanding the matter back to
the hearing officer for additional proceedings in accordance
with the order.
If (i) a direct appeal is requested, (ii) the Board fails
to issue its findings of fact, conclusions of law, and
recommendations within the 30-day mandate from the Secretary
or the Secretary fails to order the Board to do so, and (iii)
the Secretary fails to issue an order within 30 calendar days
thereafter, then the hearing officer's report is deemed
accepted and a final decision of the Secretary.
Notwithstanding any other provision of this Section, if
the Secretary, upon review, determines that substantial
justice has not been done in the revocation, suspension, or
refusal to issue or renew a license or other disciplinary
action taken as the result of the entry of the hearing
officer's report, the Secretary may order a rehearing by the
same or other examiners. If the Secretary disagrees with the
recommendation of the Board or the hearing officer, the
Secretary may issue an order in contravention of either
recommendation.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/140)
(Section scheduled to be repealed on January 1, 2022)
Sec. 140. Summary suspension. The Secretary may summarily
suspend a license without a hearing, simultaneously with the
institution of proceedings for a hearing provided for in this
Act, if the Secretary finds that evidence indicating in his or
her possession indicates that a continuation in practice would
constitute an imminent danger to the public. In the event that
the Secretary summarily suspends a license without a hearing,
a hearing by the Department must be held within 30 calendar
days after the suspension has occurred.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/145)
(Section scheduled to be repealed on January 1, 2022)
Sec. 145. Judicial review. All final administrative
decisions of the Department are subject to judicial review
under the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure. Proceedings for judicial review
shall be commenced in the circuit court of the county in which
the party applying for review resides; but if the party is not
a resident of this State, the venue shall be in Sangamon County
or Cook County.
(Source: P.A. 96-726, eff. 7-1-10.)
(225 ILCS 427/155)
(Section scheduled to be repealed on January 1, 2022)
Sec. 155. Violations; penalties.
(a) A person who violates any of the following provisions
shall be guilty of a Class A misdemeanor; a person who commits
a second or subsequent violation of these provisions is guilty
of a Class 4 felony:
(1) Practicing or attempting to The practice of or
attempted practice of or holding oneself out as available
to practice as a community association manager or
supervising community association manager without a
license.
(2) Operating or attempting Operation of or attempt to
operate a community association management firm without a
firm license or a designated supervising community
association manager.
(3) Obtaining or attempting The obtaining of or the
attempt to obtain any license or authorization issued
under this Act by fraudulent misrepresentation.
(b) Whenever a licensee is convicted of a felony related
to the violations set forth in this Section, the clerk of the
court in any jurisdiction shall promptly report the conviction
to the Department and the Department shall immediately revoke
any license authorized under this Act held by that licensee.
The licensee shall not be eligible for licensure under this
Act until at least 5 years have elapsed since a felony
conviction or 3 years since release from confinement for the
conviction, whichever is later, without a subsequent 10 years
have elapsed since the time of full discharge from any
sentence imposed for a felony conviction. If any person in
making any oath or affidavit required by this Act swears
falsely, the person is guilty of perjury and may be punished
accordingly.
(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
(225 ILCS 427/161 new)
Sec. 161. Statute of limitations. No action may be taken
under this Act against a person or entity licensed under this
Act unless the action is commenced within 5 years after the
occurrence of the alleged violation. A continuing violation is
deemed to have occurred on the date when the circumstances
last existed that gave rise to the alleged continuing
violation.
(225 ILCS 427/162 new)
Sec. 162. No private right of action. Except as otherwise
expressly provided for in this Act, nothing in this Act shall
be construed to grant to any person a private right of action
to enforce the provisions of this Act or the rules adopted
under this Act.
(225 ILCS 427/165)
(Section scheduled to be repealed on January 1, 2022)
Sec. 165. Home rule. The regulation and licensing of
community association managers, supervising community
association managers, and community association management
firms are exclusive powers and functions of the State. A home
rule unit may not regulate or license community association
managers, supervising community association managers, or
community association management firms. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/42 rep.)
(225 ILCS 427/80 rep.)
(225 ILCS 427/135 rep.)
(225 ILCS 427/170 rep.)
Section 55. The Community Association Manager Licensing
and Disciplinary Act is amended by repealing Sections 42, 80,
135, and 170.
Section 60. The Detection of Deception Examiners Act is
amended by changing Sections 1, 7.1, 7.3, 17, and 20 and by
adding Section 10.2 as follows:
(225 ILCS 430/1) (from Ch. 111, par. 2401)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1. Definitions. As used in this Act, unless the
context otherwise requires:
"Address of record Record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file as maintained by the
Department's licensure maintenance unit. It is the duty of the
applicant or licensee to inform the Department of any change
of address and those changes must be made either through the
Department's website or by contacting the Department.
"Detection of Deception Examination", hereinafter referred
to as "Examination" means any examination in which a device or
instrument is used to test or question individuals for the
purpose of evaluating truthfulness or untruthfulness.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
"Examiner" means any person licensed under this Act.
"Person" includes any natural person, partnership,
association, corporation or trust.
"Department" means the Department of Financial and
Professional Regulation.
"Law enforcement agency" means an agency of the State or a
unit of local government that is vested by law or ordinance
with the power to maintain public order and to enforce
criminal laws and ordinances.
"Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 97-168, eff. 7-22-11.)
(225 ILCS 430/7.1) (from Ch. 111, par. 2408)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7.1. Administrative Procedure Act. The Illinois
Administrative Procedure Act is hereby expressly adopted and
incorporated herein as if all of the provisions of that Act
were included in this Act, except that the provision of
subsection (d) of Section 10-65 of the Illinois Administrative
Procedure Act that provides that at hearings the licensee has
the right to show compliance with all lawful requirements for
retention, continuation, or renewal of the license is
specifically excluded. For the purposes of this Act, the
notice required under Section 10-25 of the Illinois
Administrative Procedure Act is deemed sufficient when mailed
or emailed to the last known address of a party.
(Source: P.A. 100-201, eff. 8-18-17.)
(225 ILCS 430/7.3)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7.3. Appointment of a Hearing Officer. The Secretary
has the authority to appoint an attorney, licensed to practice
law in the State of Illinois, to serve as a Hearing Officer in
any action for refusal to issue or renew a license or to
discipline a license. The Hearing Officer has full authority
to conduct the hearing. The appointed Detection of Deception
Coordinator may attend hearings and advise the Hearing Officer
on technical matters involving Detection of Deception
examinations.
(Source: P.A. 97-168, eff. 7-22-11.)
(225 ILCS 430/10.2 new)
Sec. 10.2. Address of record; email address of record.
All applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 430/17) (from Ch. 111, par. 2418)
(Section scheduled to be repealed on January 1, 2022)
Sec. 17. Investigations; notice and hearing. The
Department may investigate the actions of any applicant or any
person or persons rendering or offering to render detection of
deception services or any person holding or claiming to hold a
license as a licensed examiner. The Department shall, before
refusing to issue or renew a license or to discipline a
licensee under Section 14, at least 30 days prior to the date
set for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer with
the Department under oath within 20 days after the service of
the notice, and (iii) inform the applicant or licensee that
failure to file an answer will result in default being taken
against the applicant or licensee. At the time and place fixed
in the notice, the Department shall proceed to hear the
charges and the parties or their counsel shall be accorded
ample opportunity to present any pertinent statements,
testimony, evidence, and arguments. The Department may
continue the hearing from time to time. In case the person,
after receiving the notice, fails to file an answer, his or her
license, may, in the discretion of the Department, be revoked,
suspended, placed on probationary status, or the Department
may take whatever disciplinary action considered proper,
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under the Act. The written notice may
be served by email, by personal delivery, or by certified mail
to the accused's address of record.
(Source: P.A. 97-168, eff. 7-22-11.)
(225 ILCS 430/20) (from Ch. 111, par. 2421)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20. Any person affected by a final administrative
decision of the Department may have such decision reviewed
judicially by the circuit court of the county wherein such
person resides. If the plaintiff in the review proceeding is
not a resident of this State, the venue shall be in Sangamon
County. The provisions of the Administrative Review Law, and
all amendments and modifications thereof, and the rules
adopted pursuant thereto, shall apply to and govern all
proceedings for the judicial review of final administrative
decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
The Department shall not be required to certify any record
to the court or file any answer in court or otherwise appear in
any court in a judicial Judicial review proceeding, unless and
until the Department has received from the plaintiff payment
of the costs of furnishing and certifying the record which
costs shall be determined by the Department. Exhibits shall be
certified without cost. Failure on the part of the plaintiff
to file a receipt in court is grounds for dismissal of the
action.
(Source: P.A. 97-168, eff. 7-22-11.)
(225 ILCS 430/7.2 rep.)
(225 ILCS 430/16 rep.)
Section 65. The Detection of Deception Examiners Act is
amended by repealing Sections 7.2 and 16.
Section 70. The Home Inspector License Act is amended by
changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
5-25, 5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5,
25-15, and 25-27 and by adding Sections 1-12, 5-50, 15-10.1,
and 15-36 as follows:
(225 ILCS 441/1-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Address of record" means the designated street address,
which may not be a post office box, recorded by the Department
in the applicant's or licensee's application file or license
file as maintained by the Department's licensure maintenance
unit. It is the duty of the applicant or licensee to inform the
Department of any change of address and those changes must be
made either through the Department's website or by contacting
the Department.
"Applicant" means a person who applies to the Department
for a license under this Act.
"Client" means a person who engages or seeks to engage the
services of a home inspector for an inspection assignment.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department.
"Home inspection" means the examination and evaluation of
the exterior and interior components of residential real
property, which includes the inspection of any 2 or more of the
following components of residential real property in
connection with or to facilitate the sale, lease, or other
conveyance of, or the proposed sale, lease or other conveyance
of, residential real property:
(1) heating, ventilation, and air conditioning system;
(2) plumbing system;
(3) electrical system;
(4) structural composition;
(5) foundation;
(6) roof;
(7) masonry structure; or
(8) any other residential real property component as
established by rule.
"Home inspector" means a person or entity who, for another
and for compensation either direct or indirect, performs home
inspections.
"Home inspection report" or "inspection report" means a
written evaluation prepared and issued by a home inspector
upon completion of a home inspection, which meets the
standards of practice as established by the Department.
"Inspection assignment" means an engagement for which a
home inspector is employed or retained to conduct a home
inspection and prepare a home inspection report.
"License" means the privilege conferred by the Department
to a person who has fulfilled all requirements prerequisite to
any type of licensure under this Act.
"Licensee" means a home inspector, home inspector entity,
or home inspector education provider.
"Person" means individuals, entities, corporations,
limited liability companies, registered limited liability
partnerships, and partnerships, foreign or domestic, except
that when the context otherwise requires, the term may refer
to a single individual or other described entity.
"Residential real property" means real property that is
used or intended to be used as a residence by one or more
individuals.
"Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
"Standards of practice" means recognized standards and
codes to be used in a home inspection, as determined by the
Department and established by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/1-12 new)
Sec. 1-12. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change through the Department's website or by
contacting the Department.
(225 ILCS 441/5-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It is unlawful for any person, including any entity,
to act or assume to act as a home inspector, to engage in the
business of home inspection, to develop a home inspection
report, to practice as a home inspector, or to advertise or
hold oneself himself, herself, or itself out to be a home
inspector without a home inspector license issued under this
Act. A person who violates this subsection is guilty of a Class
A misdemeanor for the first offense and a Class 4 felony for
the second and any subsequent offenses.
(b) It is unlawful for any person, other than a person who
holds a valid home inspector license issued pursuant to this
Act, to use the title "home inspector" or any other title,
designation, or abbreviation likely to create the impression
that the person is licensed as a home inspector pursuant to
this Act. A person who violates this subsection is guilty of a
Class A misdemeanor.
(c) The licensing requirements of this Article do not
apply to:
(1) any person who is employed as a code enforcement
official by the State of Illinois or any unit of local
government, while acting within the scope of that
government employment;
(2) any person licensed in this State by any other law
who is engaging in the profession or occupation for which
the person is licensed by the State of Illinois while
acting within the scope of his or her license; or
(3) any person engaged by the owner or lessor of
residential real property for the purpose of preparing a
bid or estimate as to the work necessary or the costs
associated with performing home construction, home
remodeling, or home repair work on the residential real
property, provided such person does not hold himself or
herself out, or advertise or hold oneself out as himself
or herself, as being engaged in business as a home
inspector.
(d) The licensing of home inspector entities required
under this Act does not apply to an entity whose ownership
structure is one licensed home inspector operating a sole
proprietorship, a single member limited liability company, or
a single shareholder corporation, and that home inspector is
the only licensed home inspector performing inspections on the
entity's behalf. The licensed home inspector who is the sole
proprietor, sole shareholder, or single member of the company
or entity shall comply with all other provisions of this Act.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-10. Application for home inspector license.
(a) Every natural person who desires to obtain a home
inspector license shall:
(1) apply to the Department in a manner on forms
prescribed by the Department and accompanied by the
required fee; all applications shall contain the
information that, in the judgment of the Department,
enables the Department to pass on the qualifications of
the applicant for a license to practice as a home
inspector as set by rule;
(2) be at least 18 years of age;
(3) successfully complete a 4-year course of study in
a high school or secondary school or an equivalent course
of study approved by the state in which the school is
located, or possess a high school equivalency certificate,
which shall be verified under oath by the applicant
provide evidence of having attained a high school diploma
or completed an equivalent course of study as determined
by an examination conducted by the Illinois State Board of
Education;
(4) personally take and pass a written examination and
a field an examination authorized by the Department; and
(5) prior to taking the examination, provide evidence
to the Department that the applicant he or she has
successfully completed the prerequisite classroom hours of
instruction in home inspection, as established by rule.
(b) The Department shall not require applicants to report
the following information and shall not consider the following
criminal history records in connection with an application for
licensure or registration:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old
at the time of the offense and before January 1, 2014,
unless the nature of the offense required the individual
to be tried as an adult;
(3) records of arrest not followed by a charge or
conviction;
(4) records of arrest where the charges were dismissed
unless related to the practice of the profession; however,
applicants shall not be asked to report any arrests, and
an arrest not followed by a conviction shall not be the
basis of denial and may be used only to assess an
applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(c) An applicant or licensee shall report to the
Department, in a manner prescribed by the Department, upon
application and within 30 days after the occurrence, if during
the term of licensure, (i) any conviction of or plea of guilty
or nolo contendere to forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to
defraud, or any similar offense or offenses or any conviction
of a felony involving moral turpitude, (ii) the entry of an
administrative sanction by a government agency in this State
or any other jurisdiction that has as an essential element
dishonesty or fraud or involves larceny, embezzlement, or
obtaining money, property, or credit by false pretenses, or
(iii) a crime that subjects the licensee to compliance with
the requirements of the Sex Offender Registration Act.
(d) Applicants have 3 years after the date of the
application to complete the application process. If the
process has not been completed within 3 years, the application
shall be denied, the fee forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
reapplication.
(Source: P.A. 100-892, eff. 8-14-18.)
(225 ILCS 441/5-12)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-12. Application for home inspector license; entity.
Every entity that is not a natural person that desires to
obtain a home inspector license shall apply to the Department
in a manner prescribed on forms provided by the Department and
accompanied by the required fee.
Applicants have 3 years after the date of the application
to complete the application process. If the process has not
been completed within 3 years, the application shall be
denied, the fee forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
A corporation, limited liability company, partnership, or
entity shall, as a condition of licensure, designate a
managing licensed home inspector. The managing home inspector
of any home inspector entity shall be responsible for the
actions of all licensed and unlicensed employees, agents, and
representatives of that home inspector entity while it is
providing a home inspection or home inspection service. All
other requirements for home inspector entities shall be
established by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-16)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-16. Renewal of license.
(a) The expiration date and renewal period for a home
inspector license issued under this Act shall be set by rule.
Except as otherwise provided in subsections (b) and (c) of
this Section, the holder of a license may renew the license
within 90 days preceding the expiration date by:
(1) completing and submitting to the Department a
renewal application in a manner prescribed form as
provided by the Department;
(2) paying the required fees; and
(3) providing evidence of successful completion of the
continuing education requirements through courses approved
by the Department given by education providers licensed by
the Department, as established by rule.
(b) A home inspector whose license under this Act has
expired may renew the license for a period of 2 years following
the expiration date by complying with the requirements of
subparagraphs (1), (2), and (3) of subsection (a) of this
Section and paying any late penalties established by rule.
(c) Notwithstanding subsection (b), a home inspector whose
license under this Act has expired may renew the license
without paying any lapsed renewal fees or late penalties if
(i) the license expired while the home inspector was on active
duty with the United States Armed Services, (ii) application
for renewal is made within 2 years following the termination
of the military service or related education, training, or
employment, and (iii) the applicant furnishes to the
Department an affidavit that the applicant he or she was so
engaged.
(d) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided a renewal application at least 90 days prior to the
expiration date, but it is the responsibility of each licensee
to renew the his or her license prior to its expiration date.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-17)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-17. Renewal of home inspector license; entity.
(a) The expiration date and renewal period for a home
inspector license for an entity that is not a natural person
shall be set by rule. The holder of a license may renew the
license within 90 days preceding the expiration date by
completing and submitting to the Department a renewal
application in a manner prescribed form as provided by the
Department and paying the required fees.
(b) An entity that is not a natural person whose license
under this Act has expired may renew the license for a period
of 2 years following the expiration date by complying with the
requirements of subsection (a) of this Section and paying any
late penalties established by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-20. Endorsement. The Department may, in its
discretion, license as a home inspector, by endorsement, on
payment of the required fee, an applicant who is a home
inspector licensed under the laws of another state or
territory, if (i) the requirements for licensure in the state
or territory in which the applicant was licensed were, at the
date of his or her licensure, substantially equivalent to the
requirements in force in this State on that date or (ii) there
were no requirements in force in this State on the date of his
or her licensure and the applicant possessed individual
qualifications on that date that are substantially similar to
the requirements under this Act. The Department may adopt any
rules necessary to implement this Section.
Applicants have 3 years after the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-25. Pre-license education requirements. The
prerequisite curriculum and classroom hours necessary for a
person to be approved to sit for the examination for a home
inspector shall be established by rule. Approved education, as
prescribed by this Act and its associated administrative rules
for licensure as a home inspector, shall be valid for 2 years
after the date of satisfactory completion of the education.
(Source: P.A. 92-239, eff. 8-3-01.)
(225 ILCS 441/5-30)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-30. Continuing education renewal requirements. The
continuing education requirements for a person to renew a
license as a home inspector shall be established by rule. The
Department shall establish a continuing education completion
deadline for home inspector licensees and require evidence of
compliance with continuing education requirements in a manner
established by rule before the renewal of a license.
(Source: P.A. 100-831, eff. 1-1-19.)
(225 ILCS 441/5-50 new)
Sec. 5-50. Insurance.
(a) All applicants for a home inspector license and all
licensees shall maintain general liability insurance in an
amount of not less than $100,000.
(b) Failure of an applicant or a licensee to carry and
maintain the insurance required by this Section, to timely
submit proof of coverage upon the Department's request, or to
timely report any claims made against such policies of
insurance shall be grounds for the denial of an application to
renew a license, or the suspension or revocation of the
license.
(c) The policies of insurance submitted by an applicant
for a new license or an applicant for renewal of a license must
include the name of the applicant as it appears or will appear
on the license.
(d) A home inspector shall maintain the insurance required
by this Section for at least one year after the latest home
inspection report the home inspector delivered.
(e) The Department may adopt rules to implement this
Section.
(225 ILCS 441/10-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-10. Retention of records. A person licensed under
this Act shall retain the original or a true and exact copy of
all written contracts that engage the licensee's engaging his
or her services as a home inspector and all home inspection
reports, including any supporting data used to develop the
home inspection report, for a period of 5 years or 2 years
after the final disposition of any judicial proceeding, which
includes any appeal, in which testimony was given, whichever
is longer.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any license for any
one or combination of the following:
(1) Fraud or misrepresentation in applying for, or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) Failing to meet the minimum qualifications for
licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to an employee of the
Department to procure licensure under this Act.
(4) Conviction of, or by plea of guilty or nolo
contendere, or finding as enumerated in subsection (c) of
Section 5-10, of guilt, jury verdict, or entry of judgment
or by sentencing of any crime, including, but not limited
to, convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony, ; (ii) that is a misdemeanor, or
administrative sanction, or (ii) an essential element of
which is dishonesty, or that is directly related to the
practice of the profession; or (iii) that is a crime that
subjects the licensee to compliance with the requirements
of the Sex Offender Registration Act.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with the intent to substantially injure another person.
(6) Violating a provision or standard for the
development or communication of home inspections as
provided in Section 10-5 of this Act or as defined in the
rules.
(7) Failing or refusing to exercise reasonable
diligence in the development, reporting, or communication
of a home inspection report, as defined by this Act or the
rules.
(8) Violating a provision of this Act or the rules.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or substantially equivalent to
one of the grounds for which a licensee may be disciplined
under this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an inspection assignment when the
employment itself is contingent upon the home inspector
reporting a predetermined analysis or opinion, or when the
fee to be paid is contingent upon the analysis, opinion,
or conclusion reached or upon the consequences resulting
from the home inspection assignment.
(12) Developing home inspection opinions or
conclusions based on the race, color, religion, sex,
national origin, ancestry, age, marital status, family
status, physical or mental disability, military status, or
unfavorable discharge from military status discharge,
sexual orientation, order of protection status, or
pregnancy, as defined under the Illinois Human Rights Act,
of the prospective or present owners or occupants of the
area or property under home inspection.
(13) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the home inspector shall be afforded an
opportunity to present mitigating and extenuating
circumstances, but may not collaterally attack the civil
adjudication.
(14) Being adjudicated liable in a civil proceeding
for violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a home
inspection organization of which the licensee is not a
member.
(16) Failing, within 30 days, to provide information
in response to a written request made by the Department.
(17) Failing to include within the home inspection
report the home inspector's license number and the date of
expiration of the license. The names of (i) all persons
who conducted the home inspection; and (ii) all persons
who prepared the subsequent written evaluation or any part
thereof must be disclosed in the report. All home
inspectors providing significant contribution to the
development and reporting of a home inspection must be
disclosed in the home inspection report. It is a violation
of this Act for a home inspector to sign a home inspection
report knowing that the names of all such persons have a
person providing a significant contribution to the report
has not been disclosed in the home inspection report.
(18) Advising a client as to whether the client should
or should not engage in a transaction regarding the
residential real property that is the subject of the home
inspection.
(19) Performing a home inspection in a manner that
damages or alters the residential real property that is
the subject of the home inspection without the consent of
the owner.
(20) Performing a home inspection when the home
inspector is providing or may also provide other services
in connection with the residential real property or
transaction, or has an interest in the residential real
property, without providing prior written notice of the
potential or actual conflict and obtaining the prior
consent of the client as provided by rule.
(21) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(22) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(23) A finding by the Department that the licensee,
after having the his or her license placed on probationary
status, has violated the terms of probation.
(24) Willfully making or filing false records or
reports related to the in his or her practice of home
inspection, including, but not limited to, false records
filed with State agencies or departments.
(25) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(26) Practicing under a false or, except as provided
by law, an assumed name.
(27) Cheating on or attempting to subvert the
licensing examination administered under this Act.
(28) Engaging in any of the following prohibited
fraudulent, false, deceptive, or misleading advertising
practices:
(i) advertising as a home inspector or operating a
home inspection business entity unless there is a duly
licensed home inspector responsible for all inspection
activities and all inspections;
(ii) advertising that contains a misrepresentation
of facts or false statements regarding the licensee's
professional achievements, degrees, training, skills,
or qualifications in the home inspection profession or
any other profession requiring licensure;
(iii) advertising that makes only a partial
disclosure of relevant facts related to pricing or
home inspection services; and
(iv) advertising that claims this State or any of
its political subdivisions endorse the home inspection
report or its contents.
(29) Disclosing, except as otherwise required by law,
inspection results or client information obtained without
the client's written consent. A home inspector shall not
deliver a home inspection report to any person other than
the client of the home inspector without the client's
written consent.
(30) Providing fees, gifts, waivers of liability, or
other forms of compensation or gratuities to persons
licensed under any real estate professional licensing act
in this State as consideration or inducement for the
referral of business.
(b) The Department may suspend, revoke, or refuse to issue
or renew an education provider's license, may reprimand, place
on probation, or otherwise discipline an education provider
licensee, and may suspend or revoke the course approval of any
course offered by an education provider, for any of the
following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the education provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a pre-license
curriculum course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) (Blank). In appropriate cases, the Department may
resolve a complaint against a licensee through the issuance of
a Consent to Administrative Supervision order. A licensee
subject to a Consent to Administrative Supervision order shall
be considered by the Department as an active licensee in good
standing. This order shall not be reported as or considered by
the Department to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law.
The complainant shall be notified that his or her complaint
has been resolved by a Consent to Administrative Supervision
order.
(d) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a tax
return, to pay the tax, penalty, or interest shown in a filed
tax return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of the tax Act are satisfied in accordance with
subsection (g) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) (Blank). In enforcing this Act, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician
to present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physician shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
A person holding a license under this Act or who has
applied for a license under this Act, who, because of a
physical or mental illness or disability, including, but not
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 441/15-10.1 new)
Sec. 15-10.1. Citations.
(a) The Department may adopt rules to permit the issuance
of citations to any licensee for failure to comply with the
continuing education requirements set forth in this Act or as
established by rule. The citation shall be issued to the
licensee and shall contain the licensee's name, the licensee's
address, the licensee's license number, the number of required
hours of continuing education that have not been successfully
completed by the licensee within the renewal period, and the
penalty imposed, which shall not exceed $2,000. The issuance
of a citation shall not excuse the licensee from completing
all continuing education required for that renewal period.
(b) Service of a citation shall be made in person,
electronically, or by mail to the licensee at the licensee's
address of record or email address of record, and the citation
must clearly state that if the cited licensee wishes to
dispute the citation, the cited licensee may make a written
request, within 30 days after the citation is served, for a
hearing before the Department. If the cited licensee does not
request a hearing within 30 days after the citation is served,
then the citation shall become a final, non-disciplinary
order, and any fine imposed is due and payable within 60 days
after that final order. If the cited licensee requests a
hearing within 30 days after the citation is served, the
Department shall afford the cited licensee a hearing conducted
in the same manner as a hearing provided for in this Act for
any violation of this Act and shall determine whether the
cited licensee committed the violation as charged and whether
the fine as levied is warranted. If the violation is found, any
fine shall constitute non-public discipline and be due and
payable within 30 days after the order of the Secretary, which
shall constitute a final order of the Department. No change in
license status may be made by the Department until a final
order of the Department has been issued.
(c) Payment of a fine that has been assessed pursuant to
this Section shall not constitute disciplinary action
reportable on the Department's website or elsewhere unless a
licensee has previously received 2 or more citations and been
assessed 2 or more fines.
(d) Nothing in this Section shall prohibit or limit the
Department from taking further action pursuant to this Act and
rules for additional, repeated, or continuing violations.
(225 ILCS 441/15-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-15. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or licensee or of
any person or persons rendering or offering to render home
inspection services or any person holding or claiming to hold
a license as a home inspector. The Department shall, before
refusing to issue or renew a license or to discipline a
licensee pursuant to Section 15-10, at least 30 days prior to
the date set for the hearing, (i) notify the accused in
writing, of the charges made and the time and place for the
hearing on the charges, (ii) direct the licensee or applicant
him or her to file a written answer with the Department under
oath within 20 days after the service of the notice, and (iii)
inform the applicant or licensee that failure to file an
answer will result in a default judgment being entered against
the applicant or licensee. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties of their counsel shall be accorded ample
opportunity to present any pertinent statements, testimony,
evidence, and arguments. The Department may continue the
hearing from time to time. In case the person, after receiving
the notice, fails to file an answer, the his or her license,
may, in the discretion of the Department, be revoked,
suspended, placed on probationary status, or the Department
may take whatever disciplinary actions considered proper,
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under the Act. The notice may be served
by personal delivery, by mail, or, at the discretion of the
Department, by electronic means to the address of record or
email address of record specified by the accused as last
updated with the Department. The written notice may be served
by personal delivery or by certified mail to the accused's
address of record.
A copy of the hearing officer's report or any Order of
Default, along with a copy of the original complaint giving
rise to the action, shall be served upon the applicant,
licensee, or unlicensed person by the Department to the
applicant, licensee, or unlicensed individual in the manner
provided in this Act for the service of a notice of hearing.
Within 20 days after service, the applicant or licensee may
present to the Department a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The
Department may respond to the motion, or if a motion for
rehearing is denied, then upon denial, the Secretary may enter
an order in accordance with the recommendations of the hearing
officer. If the applicant or licensee orders from the
reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, then the
20-day period during which a motion may be filed shall
commence upon the delivery of the transcript to the applicant
or licensee.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-20. Administrative Review Law; certification fees;
Illinois Administrative Procedure Act.
(a) All final administrative decisions of the Department
under this Act are subject to judicial review pursuant to the
provisions of the Administrative Review Law and the rules
adopted pursuant thereto. The term "administrative decision"
has the meaning ascribed to it in Section 3-101 of the
Administrative Review Law.
(b) The Department shall not be required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless
and until the Department has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court is grounds for dismissal
of the action.
(c) The Illinois Administrative Procedure Act is hereby
expressly adopted and incorporated herein. In the event of a
conflict between this Act and the Illinois Administrative
Procedure Act, this Act shall control.
(d) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Sangamon County or Cook County.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-36 new)
Sec. 15-36. No private right of action. Except as
otherwise expressly provided for in this Act, nothing in this
Act shall be construed to grant to any person a private right
of action to enforce the provisions of this Act or the rules
adopted under this Act.
(225 ILCS 441/15-55)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-55. Returned checks and dishonored credit card
charges; penalty fee; revocation termination. A person who (1)
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial institution
upon which it was drawn shall pay to the Department; or (2)
presents a credit or debit card for payment that is invalid or
expired or against which charges by the Department are
declined or dishonored, in addition to the amount already
owed, a penalty fee of $50. The Department shall notify the
person, by certified mail return receipt requested, that the
his or her check or payment was returned or that the credit
card charge was dishonored and that the person shall pay to the
Department by certified check or money order the amount of the
returned check plus a $50 penalty fee within 30 calendar days
after the date of the notification. If, after the expiration
of 30 calendar days of the notification, the person has failed
to remit the necessary funds and penalty, the Department shall
automatically revoke terminate the license or deny the
application without hearing. If the returned check or other
payment was for issuance of a license under this Act and that
person practices as a home inspector, that person may be
subject to discipline for unlicensed practice as provided in
this Act. If, after revocation termination or denial, the
person seeks a license, the applicant or licensee he or she
shall petition the Department for restoration or issuance of
the license and he or she may be subject to additional
discipline or fines. The Secretary may waive the penalties or
fines due under this Section in individual cases where the
Secretary finds that the penalties or fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-60)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-60. Violations; injunction; cease and desist
orders.
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney in the county in which the
offense occurs, petition for an order enjoining the violation
or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If any person practices as a home inspector or holds
oneself himself or herself out as a home inspector without
being licensed under the provisions of this Act, then the
Secretary, any licensed home inspector, any interested party,
or any person injured thereby may petition for relief as
provided in subsection (a) of this Section or may apply to the
circuit court of the county in which the violation or some part
thereof occurred, or in which the person complained of resides
or has a his or her principal place of business or resides, to
prevent the violation. The court has jurisdiction to enforce
obedience by injunction or by other process restricting the
person complained of from further violation and may enjoin
enjoining upon the person him or her obedience.
(c) Whoever knowingly practices or offers to practice home
inspection in this State without a license for that purpose
shall be guilty of a Class A misdemeanor for the first offense
and shall be guilty of a Class 4 felony for the second and any
subsequent offense.
(d) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/20-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20-5. Education provider.
(a) Only education providers licensed by the Department
may provide the pre-license and continuing education courses
required for licensure under this Act.
(b) A person or entity seeking to be licensed as an
education provider under this Act shall provide satisfactory
evidence of the following:
(1) a sound financial base for establishing,
promoting, and delivering the necessary courses;
(2) a sufficient number of qualified instructors;
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) a written policy dealing with procedures for
management of grievances and fee refunds;
(5) a qualified school administrator, who is
responsible for the administration of the school, courses,
and the actions of the instructors; and
(6) any other requirements provided by rule.
(c) All applicants for an education provider's license
shall make initial application to the Department in a manner
prescribed on forms provided by the Department and pay the
appropriate fee as provided by rule. In addition to any other
information required to be contained in the application as
prescribed by rule, every application for an original or
renewed license shall include the applicant's tax
identification number. The term, expiration date, and renewal
of an education provider's license shall be established by
rule.
(d) An education provider shall provide each successful
course participant with a certificate of completion signed by
the school administrator. The format and content of the
certificate shall be specified by rule.
(e) All education providers shall provide to the
Department a monthly roster of all successful course
participants as provided by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-15. Liaison; duties. The Secretary shall appoint
an employee of the Department to:
(1) (blank);
(2) be the direct liaison between the Department, peer
review advisors, the profession, home inspectors, and
related industry organizations and associations; and
(3) prepare and circulate to licensees such
educational and informational material as the Department
deems necessary for providing guidance or assistance to
licensees.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-27)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-27. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any
person to take oral or written testimony or compel the
production of any books, papers, records, or any other
documents the Secretary or the Secretary's his or her designee
deems relevant or material to any investigation or hearing
conducted by the Department with the same fees and in the same
manner as prescribed in civil cases in the courts of this
State.
(b) Any circuit court, upon the application of the
licensee or the Department, may order the attendance and
testimony of witnesses and the production of relevant
documents, files, records, books, and papers in connection
with any hearing or investigation. The circuit court may
compel obedience to its order by proceedings for contempt.
(c) The Secretary, the hearing officer, any member of the
Board, or a certified shorthand court reporter may administer
oaths at any hearing the Department conducts. Notwithstanding
any other statute or Department rule to the contrary, all
requests for testimony, production of documents, or records
shall be in accordance with this Act.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-17 rep.)
Section 75. The Home Inspector License Act is amended by
repealing Section 25-17.
Section 80. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15,
5-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5,
15-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20,
25-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1,
15-11, and 25-35 as follows:
(225 ILCS 458/1-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Accredited college or university, junior college, or
community college" means a college or university, junior
college, or community college that is approved or accredited
by the Board of Higher Education, a regional or national
accreditation association, or by an accrediting agency that is
recognized by the U.S. Secretary of Education.
"Address of record" means the designated street address,
which may not be a post office box, recorded by the Department
in the applicant's or licensee's application file or license
file as maintained by the Department's licensure maintenance
unit. It is the duty of the applicant or licensee to inform the
Department of any change of address and those changes must be
made either through the Department's website or by contacting
the Department.
"Applicant" means person who applies to the Department for
a license under this Act.
"Appraisal" means (noun) the act or process of developing
an opinion of value; an opinion of value (adjective) of or
pertaining to appraising and related functions, such as
appraisal practice or appraisal services.
"Appraisal assignment" means a valuation service provided
pursuant to as a consequence of an agreement between an
appraiser and a client.
"Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem, where an opinion of value is a component of the
analysis leading to the assignment results.
"Appraisal firm" means an appraisal entity that is 100%
owned and controlled by a person or persons licensed in
Illinois as a certified general real estate appraiser or a
certified residential real estate appraiser. "Appraisal firm"
does not include an appraisal management company.
"Appraisal management company" means any corporation,
limited liability company, partnership, sole proprietorship,
subsidiary, unit, or other business entity that directly or
indirectly: (1) provides appraisal management services to
creditors or secondary mortgage market participants, including
affiliates; (2) provides appraisal management services in
connection with valuing the consumer's principal dwelling as
security for a consumer credit transaction (including consumer
credit transactions incorporated into securitizations); and
(3) within a given year, oversees an appraiser panel of any
size of State-certified appraisers in Illinois; and (4) any
appraisal management company that, within a given 12-month
period year, oversees an appraiser panel of 16 or more
State-certified appraisers in Illinois or 25 or more
State-certified or State-licensed appraisers in 2 or more
jurisdictions shall be subject to the appraisal management
company national registry fee in addition to the appraiser
panel fee. "Appraisal management company" includes a hybrid
entity.
"Appraisal practice" means valuation services performed by
an individual acting as an appraiser, including, but not
limited to, appraisal or , appraisal review, or appraisal
consulting.
"Appraisal report" means any communication, written or
oral, of an appraisal or appraisal review that is transmitted
to a client upon completion of an assignment.
"Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal assignment.
"Appraisal Subcommittee" means the Appraisal Subcommittee
of the Federal Financial Institutions Examination Council as
established by Title XI.
"Appraiser" means a person who performs real estate or
real property appraisals competently and in a manner that is
independent, impartial, and objective.
"Appraiser panel" means a network, list, or roster of
licensed or certified appraisers approved by the appraisal
management company or by the end-user client to perform
appraisals as independent contractors for the appraisal
management company. "Appraiser panel" includes both appraisers
accepted by an appraisal management company for consideration
for future appraisal assignments and appraisers engaged by an
appraisal management company to perform one or more
appraisals. For the purposes of determining the size of an
appraiser panel, only independent contractors of hybrid
entities shall be counted towards the appraiser panel.
"AQB" means the Appraisal Qualifications Board of the
Appraisal Foundation.
"Associate real estate trainee appraiser" means an
entry-level appraiser who holds a license of this
classification under this Act with restrictions as to the
scope of practice in accordance with this Act.
"Automated valuation model" means an automated system that
is used to derive a property value through the use of available
property records and various analytic methodologies such as
comparable sales prices, home characteristics, and price
changes.
"Board" means the Real Estate Appraisal Administration and
Disciplinary Board.
"Broker price opinion" means an estimate or analysis of
the probable selling price of a particular interest in real
estate, which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the
sale or rental of real estate.
"Classroom hour" means 50 minutes of instruction out of
each 60 minute segment of coursework.
"Client" means the party or parties who engage an
appraiser by employment or contract in a specific appraisal
assignment.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a
broker, as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Coordinator" means the Coordinator of Real Estate
Appraisal Coordinator created in Section 25-15 of the Division
of Professional Regulation of the Department of Financial and
Professional Regulation.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file maintained by
the Department.
"Evaluation" means a valuation permitted by the appraisal
regulations of the Federal Financial Institutions Examination
Council and its federal agencies for transactions that qualify
for the appraisal threshold exemption, business loan
exemption, or subsequent transaction exemption.
"Federal financial institutions regulatory agencies" means
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the Consumer Financial Protection
Bureau, and the National Credit Union Administration.
"Federally related transaction" means any real
estate-related financial transaction in which a federal
financial institutions regulatory agency engages in, contracts
for, or regulates and requires the services of an appraiser.
"Financial institution" means any bank, savings bank,
savings and loan association, credit union, mortgage broker,
mortgage banker, licensee under the Consumer Installment Loan
Act or the Sales Finance Agency Act, or a corporate fiduciary,
subsidiary, affiliate, parent company, or holding company of
any such licensee, or any institution involved in real estate
financing that is regulated by state or federal law.
"Hybrid entity" means an appraisal management company that
hires an appraiser as an employee to perform an appraisal and
engages an independent contractor to perform an appraisal.
"License" means the privilege conferred by the Department
to a person that has fulfilled all requirements prerequisite
to any type of licensure under this Act.
"Licensee" means any person, as defined in this Section,
who holds a valid unexpired license.
"Multi-state licensing system" means a web-based platform
that allows an applicant to submit the his or her application
or license renewal application to the Department online.
"Person" means an individual, entity, sole proprietorship,
corporation, limited liability company, partnership, and joint
venture, foreign or domestic, except that when the context
otherwise requires, the term may refer to more than one
individual or other described entity.
"Real estate" means an identified parcel or tract of land,
including any improvements.
"Real estate related financial transaction" means any
transaction involving:
(1) the sale, lease, purchase, investment in, or
exchange of real property, including interests in property
or the financing thereof;
(2) the refinancing of real property or interests in
real property; and
(3) the use of real property or interest in property
as security for a loan or investment, including mortgage
backed securities.
"Real property" means the interests, benefits, and rights
inherent in the ownership of real estate.
"Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
"State certified general real estate appraiser" means an
appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
all types of real property without restrictions as to the
scope of practice.
"State certified residential real estate appraiser" means
an appraiser who holds a license of this classification under
this Act and such classification applies to the appraisal of
one to 4 units of residential real property without regard to
transaction value or complexity, but with restrictions as to
the scope of practice in a federally related transaction in
accordance with Title XI, the provisions of USPAP, criteria
established by the AQB, and further defined by rule.
"Supervising appraiser" means either (i) an appraiser who
holds a valid license under this Act as either a State
certified general real estate appraiser or a State certified
residential real estate appraiser, who co-signs an appraisal
report for an associate real estate trainee appraiser or (ii)
a State certified general real estate appraiser who holds a
valid license under this Act who co-signs an appraisal report
for a State certified residential real estate appraiser on
properties other than one to 4 units of residential real
property without regard to transaction value or complexity.
"Title XI" means Title XI of the federal Financial
Institutions Reform, Recovery and Enforcement Act of 1989.
"USPAP" means the Uniform Standards of Professional
Appraisal Practice as promulgated by the Appraisal Standards
Board pursuant to Title XI and by rule.
"Valuation services" means services pertaining to aspects
of property value.
(Source: P.A. 100-604, eff. 7-13-18.)
(225 ILCS 458/1-12 new)
Sec. 1-12. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change through the Department's website.
(225 ILCS 458/5-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It is unlawful for a person to (i) act, offer services,
or advertise services as a State certified general real estate
appraiser, State certified residential real estate appraiser,
or associate real estate trainee appraiser, (ii) develop a
real estate appraisal, (iii) practice as a real estate
appraiser, or (iv) advertise as or hold himself or herself out
to be a real estate appraiser without a license issued under
this Act. A person who violates this subsection is guilty of a
Class A misdemeanor for a first offense and a Class 4 felony
for any subsequent offense.
(a-5) It is unlawful for a person, unless registered as an
appraisal management company, to solicit clients or enter into
an appraisal engagement with clients without either a
certified residential real estate appraiser license or a
certified general real estate appraiser license issued under
this Act. A person who violates this subsection is guilty of a
Class A misdemeanor for a first offense and a Class 4 felony
for any subsequent offense.
(b) It is unlawful for a person, other than a person who
holds a valid license issued pursuant to this Act as a State
certified general real estate appraiser, a State certified
residential real estate appraiser, or an associate real estate
trainee appraiser to use these titles or any other title,
designation, or abbreviation likely to create the impression
that the person is licensed as a real estate appraiser
pursuant to this Act. A person who violates this subsection is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for any subsequent offense.
(c) This Act does not apply to a person who holds a valid
license as a real estate broker or managing broker pursuant to
the Real Estate License Act of 2000 who prepares or provides a
broker price opinion or comparative market analysis in
compliance with Section 10-45 of the Real Estate License Act
of 2000.
(d) Nothing in this Act shall preclude a State certified
general real estate appraiser, a State certified residential
real estate appraiser, or an associate real estate trainee
appraiser from rendering appraisals for or on behalf of a
partnership, association, corporation, firm, or group.
However, no State appraisal license or certification shall be
issued under this Act to a partnership, association,
corporation, firm, or group.
(e) This Act does not apply to a county assessor, township
assessor, multi-township assessor, county supervisor of
assessments, or any deputy or employee of any county assessor,
township assessor, multi-township assessor, or county
supervisor of assessments in performance of who is performing
his or her respective duties in accordance with the provisions
of the Property Tax Code.
(e-5) For the purposes of this Act, valuation waivers may
be prepared by a licensed appraiser notwithstanding any other
provision of this Act, and the following types of valuations
are not appraisals and may not be represented to be
appraisals, and a license is not required under this Act to
perform such valuations if the valuations are performed by (1)
an employee of the Illinois Department of Transportation who
has completed a minimum of 45 hours of course work in real
estate appraisal, including the principles principals of real
estate appraisals, appraisal of partial acquisitions, easement
valuation, reviewing appraisals in eminent domain, appraisal
for federal aid highway programs, and appraisal review for
federal aid highway programs and has at least 2 years'
experience in a field closely related to real estate; (2) a
county engineer who is a registered professional engineer
under the Professional Engineering Practice Act of 1989; (3)
an employee of a municipality who has (i) completed a minimum
of 45 hours of coursework in real estate appraisal, including
the principles principals of real estate appraisals, appraisal
of partial acquisitions, easement valuation, reviewing
appraisals in eminent domain, appraisal for federal aid
highway programs, and appraisal review for federal aid highway
programs and (ii) has either 2 years' experience in a field
clearly related to real estate or has completed 20 hours of
additional coursework that is sufficient for a person to
complete waiver valuations as approved by the Federal Highway
Administration; or (4) a municipal engineer who has completed
coursework that is sufficient for his or her waiver valuations
to be approved by the Federal Highway Administration and who
is a registered professional engineer under the Professional
Engineering Act of 1989, under the following circumstances:
(A) a valuation waiver in an amount not to exceed
$20,000 $10,000 prepared pursuant to the federal Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970, or prepared pursuant to the federal
Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally-Assisted Programs
regulations and which is performed by (1) an employee of
the Illinois Department of Transportation and co-signed,
with a license number affixed, by another employee of the
Illinois Department of Transportation who is a registered
professional engineer under the Professional Engineering
Practice Act of 1989 or (2) an employee of a municipality
and co-signed with a license number affixed by a county or
municipal engineer who is a registered professional
engineer under the Professional Engineering Practice Act
of 1989; and
(B) a valuation waiver in an amount not to exceed
$20,000 $10,000 prepared pursuant to the federal Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970, or prepared pursuant to the federal
Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally-Assisted Programs
regulations and which is performed by a county or
municipal engineer who is employed by a county or
municipality and is a registered professional engineer
under the Professional Engineering Practice Act of 1989.
The valuation shall include In addition to his or her
signature, the county or municipal engineer's signature
and engineer shall affix his or her license number to the
valuation.
Nothing in this subsection (e-5) shall be construed to
allow the State of Illinois, a political subdivision thereof,
or any public body to acquire real estate by eminent domain in
any manner other than provided for in the Eminent Domain Act.
(f) A State real estate appraisal certification or license
is not required under this Act for any of the following: (1) A
person, partnership, association, or corporation that performs
appraisals of property owned by that person, partnership,
association, or corporation for the sole use of that person,
partnership, association, or corporation.
(2) A court-appointed commissioner who conducts an
appraisal pursuant to a judicially ordered evaluation of
property.
Any However, any person who is certified or licensed under
this Act and who performs any of the activities set forth in
this subsection (f) must comply with the provisions of this
Act. A person who violates this subsection (f) is guilty of a
Class A misdemeanor for a first offense and a Class 4 felony
for any subsequent offense.
(g) This Act does not apply to an employee, officer,
director, or member of a credit or loan committee of a
financial institution or any other person engaged by a
financial institution when performing an evaluation of real
property for the sole use of the financial institution in a
transaction for which the financial institution would not be
required to use the services of a State licensed or State
certified appraiser pursuant to federal regulations adopted
under Title XI of the federal Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, nor does this Act apply
to the procurement of an automated valuation model.
(h) This Act does not apply to the procurement of an
automated valuation model.
"Automated valuation model" means an automated system that
is used to derive a property value through the use of publicly
available property records and various analytic methodologies
such as comparable sales prices, home characteristics, and
historical home price appreciations.
(Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15;
98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)
(225 ILCS 458/5-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-10. Application for State certified general real
estate appraiser.
(a) Every person who desires to obtain a State certified
general real estate appraiser license shall:
(1) apply to the Department on forms provided by the
Department, or through a multi-state licensing system as
designated by the Secretary, accompanied by the required
fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination authorized
by the Department and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, of successful
completion of in Modular Course format, with each module
conforming to the Required Core Curriculum established and
adopted by the AQB, that he or she has successfully
completed the prerequisite classroom hours of instruction
in appraising as established by the AQB and by rule;
evidence shall be in a Modular Course format with each
module conforming to the Required Core Curriculum
established and adopted by the AQB; and
(6) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, of successful
completion of that he or she has successfully completed
the prerequisite experience and educational requirements
in appraising as established by AQB and by rule.
(b) Applicants must provide evidence to the Department, or
through a multi-state licensing system as designated by the
Secretary, of holding a Bachelor's degree or higher from an
accredited college or university.
(Source: P.A. 100-604, eff. 7-13-18.)
(225 ILCS 458/5-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-15. Application for State certified residential
real estate appraiser. Every person who desires to obtain a
State certified residential real estate appraiser license
shall:
(1) apply to the Department on forms provided by the
Department, or through a multi-state licensing system as
designated by the Secretary, accompanied by the required
fee;
(2) be at least 18 years of age;
(3) (blank);
(4) personally take and pass an examination authorized
by the Department and endorsed by the AQB;
(5) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, of successful
completion of in Modular Course format, with each module
conforming to the Required Core Curriculum established and
adopted by the AQB, that he or she has successfully
completed the prerequisite classroom hours of instruction
in appraising as established by the AQB and by rule;
evidence shall be in a Modular Course format with each
module conforming to the Required Core Curriculum
established and adopted by the AQB; and
(6) prior to taking the examination, provide evidence
to the Department, or through a multi-state licensing
system as designated by the Secretary, of successful
completion of that he or she has successfully completed
the prerequisite experience and educational requirements
as established by AQB and by rule.
(Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)
(225 ILCS 458/5-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-20. Application for associate real estate trainee
appraiser. Every person who desires to obtain an associate
real estate trainee appraiser license shall:
(1) apply to the Department on forms provided by the
Department, or through a multi-state licensing system as
designated by the Secretary, accompanied by the required
fee;
(2) be at least 18 years of age;
(3) provide evidence of having attained a high school
diploma or completed an equivalent course of study as
determined by an examination conducted or accepted by the
Illinois State Board of Education;
(4) (blank); and
(5) provide evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of that he or she has
successfully completed the prerequisite qualifying and any
conditional education requirements as established by rule.
(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
101-81, eff. 7-12-19.)
(225 ILCS 458/5-20.5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-20.5. Duration of application. Applicants have 3
years from the date of application to complete the application
process. If the process has not been completed within 3 years,
the application shall expire be denied, the fee shall be
forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-22. Criminal history records check.
(a) An application Each applicant for licensure by
examination or restoration shall include the applicant's have
his or her fingerprints submitted to the Department of State
Police in an electronic format that complies with the form and
manner for requesting and furnishing criminal history record
information as prescribed by the Department of State Police.
These fingerprints shall be checked against the Department of
State Police and Federal Bureau of Investigation criminal
history record databases now and hereafter filed. The
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department may adopt any rules necessary to
implement this Section.
(b) The Secretary may designate a multi-state licensing
system to perform the functions described in subsection (a).
The Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to the
multi-state licensing system. The Department may adopt any
rules necessary to implement this subsection.
(c) The Department shall not consider the following
criminal history records in connection with an application for
licensure:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old
at the time of the offense and before January 1, 2014,
unless the nature of the offense required the individual
to be tried as an adult;
(3) records of arrest not followed by a charge or
conviction;
(4) records of arrest in which the charges were
dismissed unless related to the practice of the
profession; however, applicants shall not be asked to
report any arrests, and an arrest not followed by a
conviction shall not be the basis of a denial and may be
used only to assess an applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(d) If an applicant makes a false statement of material
fact on the application, the false statement may in itself be
sufficient grounds to revoke or refuse to issue a license.
(e) An applicant or licensee shall report to the
Department, in a manner prescribed by the Department, upon
application and within 30 days after the occurrence, if during
the term of licensure, (i) any conviction of or plea of guilty
or nolo contendere to forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to
defraud, or any similar offense or offenses or any conviction
of a felony involving moral turpitude, (ii) the entry of an
administrative sanction by a government agency in this State
or any other jurisdiction that has as an essential element
dishonesty or fraud or involves larceny, embezzlement, or
obtaining money, property, or credit by false pretenses, or
(iii) a crime that subjects the licensee to compliance with
the requirements of the Sex Offender Registration Act.
(Source: P.A. 100-604, eff. 7-13-18.)
(225 ILCS 458/5-25)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-25. Renewal of license.
(a) The expiration date and renewal period for a State
certified general real estate appraiser license or a State
certified residential real estate appraiser license issued
under this Act shall be set by rule. Except as otherwise
provided in subsections (b) and (f) of this Section, the
holder of a license may renew the license within 90 days
preceding the expiration date by:
(1) completing and submitting to the Department, or
through a multi-state licensing system as designated by
the Secretary, a renewal application form as provided by
the Department;
(2) paying the required fees; and
(3) providing evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of the continuing
education requirements through courses approved by the
Department from education providers licensed by the
Department, as established by the AQB and by rule.
(b) A State certified general real estate appraiser or
State certified residential real estate appraiser whose
license under this Act has expired may renew the license for a
period of 2 years following the expiration date by complying
with the requirements of paragraphs (1), (2), and (3) of
subsection (a) of this Section and paying any late penalties
established by rule.
(c) (Blank).
(d) The expiration date and renewal period for an
associate real estate trainee appraiser license issued under
this Act shall be set by rule. Except as otherwise provided in
subsections (e) and (f) of this Section, the holder of an
associate real estate trainee appraiser license may renew the
license within 90 days preceding the expiration date by:
(1) completing and submitting to the Department, or
through a multi-state licensing system as designated by
the Secretary, a renewal application form as provided by
the Department;
(2) paying the required fees; and
(3) providing evidence to the Department, or through a
multi-state licensing system as designated by the
Secretary, of successful completion of the continuing
education requirements through courses approved by the
Department from education providers approved by the
Department, as established by rule.
(e) Any associate real estate trainee appraiser trainee
whose license under this Act has expired may renew the license
for a period of 2 years following the expiration date by
complying with the requirements of paragraphs (1), (2), and
(3) of subsection (d) of this Section and paying any late
penalties as established by rule.
(f) Notwithstanding subsections (c) and (e), an appraiser
whose license under this Act has expired may renew or convert
the license without paying any lapsed renewal fees or late
penalties if the license expired while the appraiser was:
(1) on active duty with the United States Armed
Services;
(2) serving as the Coordinator of Real Estate
Appraisal or an employee of the Department who was
required to surrender the his or her license during the
term of employment.
Application for renewal must be made within 2 years
following the termination of the military service or related
education, training, or employment and shall include an
affidavit from the licensee of engagement. The licensee shall
furnish the Department with an affidavit that he or she was so
engaged.
(g) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided with a renewal application at least 90 days prior to
the expiration date, but each licensee is responsible to
timely renewal or conversion of the renew or convert his or her
license prior to its expiration date is the responsibility of
the licensee.
(h) The Department shall not renew a license if the
licensee has an unpaid fine from a disciplinary matter or an
unpaid fee from a non-disciplinary action imposed by the
Department until the fine or fee is paid to the Department or
the licensee has entered into a payment plan and is current on
the required payments.
(i) The Department shall not issue a license if the
applicant has an unpaid fine imposed by the Department for
unlicensed practice until the fine is paid to the Department
or the applicant has entered into a payment plan and is current
on the required payments.
(Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19;
101-81, eff. 7-12-19.)
(225 ILCS 458/5-26 new)
Sec. 5-26. Inactive licenses. Any licensee who notifies
the Department, in writing on forms prescribed by the
Department, may elect to place the license on an inactive
status and shall, subject to the rules of the Department, be
excused from payment of renewal fees until notification in
writing to the Department of the desire to resume active
status. Any licensee requesting reinstatement from inactive
status shall pay the current renewal fee, provide proof of
meeting the continuing education requirements for the period
of time the license is inactive (not to exceed 2 renewal
periods), and follow the requirements for reinstatement as
provided by rule. Any licensee whose license is in an inactive
status shall not practice in the State of Illinois. The
Department will update the licensee's record in the National
Registry to show that the license is inactive.
(225 ILCS 458/5-30)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-30. Endorsement. The Department may issue an
appraiser license, without the required examination, to an
applicant licensed by another state, territory, possession of
the United States, or the District of Columbia, if (i) the
licensing requirements of that licensing authority are, on the
date of licensure, substantially equal to the requirements set
forth under this Act or to a person who, at the time of the his
or her application, possessed individual qualifications that
were substantially equivalent to the requirements of this Act
or (ii) the applicant provides the Department with evidence of
good standing from the Appraisal Subcommittee National
Registry report and a criminal history records check in
accordance with Section 5-22. An applicant under this Section
shall pay all of the required fees.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/5-35)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-35. Qualifying education requirements. (a) The
prerequisite classroom hours necessary for a person to be
approved to sit for the examination for licensure as a State
certified general real estate appraiser or a State certified
residential real estate appraiser shall be in accordance with
AQB criteria and established by rule.
(b) The prerequisite classroom hours necessary for a
person to sit for the examination for licensure as an
associate real estate trainee appraiser shall be established
by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)
(225 ILCS 458/10-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-5. Scope of practice.
(a) This Act does not limit a State certified general real
estate appraiser's appraiser in his or her scope of practice
in a federally related transaction. A State certified general
real estate appraiser may independently provide appraisal
services, review, or consult related consulting relating to
any type of property for which there is related he or she has
experience or competency by the appraiser is competent. All
such appraisal practice must be made in accordance with the
provisions of USPAP, criteria established by the AQB, and
rules adopted pursuant to this Act.
(b) A State certified residential real estate appraiser is
limited in his or her scope of practice to the provisions of
USPAP, criteria established by the AQB, and the rules adopted
pursuant to this Act.
(c) A State certified residential real estate appraiser
must have a State certified general real estate appraiser who
holds a valid license under this Act co-sign all appraisal
reports on properties other than one to 4 units of residential
real property without regard to transaction value or
complexity.
(d) An associate real estate trainee appraiser is limited
in his or her scope of practice in all transactions in
accordance with the provisions of USPAP, this Act, and the
rules adopted pursuant to this Act. In addition, an associate
real estate trainee appraiser shall be required to have a
State certified general real estate appraiser or State
certified residential real estate appraiser who holds a valid
license under this Act to co-sign all appraisal reports. A
supervising appraiser may not supervise more than 3 associate
real estate trainee appraisers at one time. Associate real
estate trainee appraisers shall not be limited in the number
of concurrent supervising appraisers. A chronological
appraisal log on an approved log form shall be maintained by
the associate real estate trainee appraiser and shall be made
available to the Department upon request.
(Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15.)
(225 ILCS 458/10-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-10. Standards of practice. All persons licensed
under this Act must comply with standards of professional
appraisal practice adopted by the Department. The Department
must adopt, as part of its rules, the Uniform Standards of
Professional Appraisal Practice (USPAP) as published from time
to time by the Appraisal Standards Board of the Appraisal
Foundation. The Department shall consider federal laws and
regulations regarding the licensure of real estate appraisers
prior to adopting its rules for the administration of this
Act. When an appraisal obtained through an appraisal
management company is used for loan purposes, the borrower or
loan applicant shall be provided with a written disclosure of
the total compensation to the appraiser or appraisal firm
within the body certification of the appraisal report and it
shall not be redacted or otherwise obscured.
(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
(225 ILCS 458/15-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-5. Unlicensed practice; civil penalty; injunctive
relief; unlawful influence.
(a) A person who violates Section 5-5 of this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $25,000
for each violation as determined by the Secretary. The civil
penalty shall be assessed by the Secretary after a hearing in
accordance with the provisions of this Act regarding the
provision of a hearing for the discipline of a license.
(b) The Department has the authority to investigate any
activity that may violate this Act.
(c) A civil penalty imposed pursuant to subsection (a)
shall be paid within 60 days after the effective date of the
order imposing the civil penalty. The order shall constitute a
judgment and may be filed and executed in the same manner as
any judgment from any court of record. Any civil penalty
collected under this Act shall be made payable to the
Department of Financial and Professional Regulation and
deposited into the Appraisal Administration Fund. In addition
to or in lieu of the imposition of a civil penalty, the
Department may report a violation of this Act or the failure or
refusal to comply with an order of the Department to the
Attorney General or to the appropriate State's Attorney.
(d) Practicing as an appraiser without holding an active a
valid license as required under this Act is declared to be
adverse to the public welfare, to constitute a public
nuisance, and to cause irreparable harm to the public welfare.
The Secretary, the Attorney General, or the State's Attorney
of any county in the State may maintain an action for
injunctive relief in any circuit court to enjoin any person
from engaging in such practice.
Upon the filing of a verified petition in a circuit court,
the court, if satisfied by affidavit or otherwise that a
person has been engaged in the practice of real estate
appraisal without an active a valid license, may enter a
temporary restraining order without notice or bond enjoining
the defendant from further practice. The showing of
non-licensure, by affidavit or otherwise, is sufficient for
the issuance of a temporary injunction. If it is established
that the defendant has been or is engaged in unlawful
practice, the court may enter an order or judgment perpetually
enjoining the defendant from further unlawful practice. In all
proceedings under this Section, the court, in its discretion,
may apportion the costs among the parties interested in the
action, including the cost of filing the complaint, service of
process, witness fees and expenses, court reporter charges,
and reasonable attorneys' fees. These injunction proceedings
shall be in addition to, and not in lieu of, all penalties and
other remedies provided in this Act.
(e) No person shall influence or attempt to influence
through coercion, extortion, or bribery the independent
judgment of an appraiser licensed or certified under this Act
in the development, reporting, result, or review of a real
estate appraisal. A person who violates this subsection (e) is
guilty of a Class A misdemeanor for the first offense and a
Class 4 felony for any subsequent offense.
(Source: P.A. 96-844, eff. 12-23-09.)
(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may suspend, revoke, refuse to issue,
renew, or restore a license and may reprimand place on
probation or administrative supervision, or take any
disciplinary or non-disciplinary action, including imposing
conditions limiting the scope, nature, or extent of the real
estate appraisal practice of a licensee or reducing the
appraisal rank of a licensee, and may impose an administrative
fine not to exceed $25,000 for each violation upon a licensee
for any one or combination of the following:
(1) Procuring or attempting to procure a license by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2