Bill Text: IL HB2968 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Clinical Social Work and Social Work Practice Act. Provides that the Department of Financial and Professional Regulation and the Social Work Examining and Disciplinary Board shall not request, inquire into, or consider certain criminal history records in connection with an application for licensure. Provides that a period of 5 years after a conviction of any felony or of a misdemeanor directly related to the practice of the profession, or 3 years since release from confinement, is prima facie evidence of rehabilitation. Requires the Department to consider certain mitigating factors and evidence of rehabilitation for applicants for licensure. Requires the Department, upon denial of a license, to provide the applicants certain information concerning the denial. Requires the Department to issue an annual report on certain information concerning granting or denial of license applications. Provides that the Department may refuse to issue or renew a license or may suspend, revoke, or place on probation or take other action on a license for certain criminal history for current licensees. Effective July 1, 2018.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2968 Detail]

Download: Illinois-2017-HB2968-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2968 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
225 ILCS 20/9A-1 new
225 ILCS 20/19 from Ch. 111, par. 6369
Amends the Clinical Social Work and Social Work Practice Act. Provides that the Department of Financial and Professional Regulation and the Social Work Examining and Disciplinary Board shall not request, inquire into, or consider certain criminal history records in connection with an application for licensure. Provides that a period of 5 years after a conviction of any felony or of a misdemeanor directly related to the practice of the profession, or 3 years since release from confinement, is prima facie evidence of rehabilitation. Requires the Department to consider certain mitigating factors and evidence of rehabilitation for applicants for licensure. Requires the Department, upon denial of a license, to provide the applicants certain information concerning the denial. Requires the Department to issue an annual report on certain information concerning granting or denial of license applications. Provides that the Department may refuse to issue or renew a license or may suspend, revoke, or place on probation or take other action on a license for certain criminal history for current licensees. Effective July 1, 2018.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19 and by adding
Section 9A-1 as follows:
(225 ILCS 20/9A-1 new)
Sec. 9A-1. Applicant conviction.
(a) The Department and the Board shall not request
information about, inquire into, or 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 5-130 of that Act;
(2) law enforcement, court, and conviction records of
an individual who was 17 years old at the time of the
offense and before January 1, 2014, unless the offense
required automatic transfer to adult court;
(3) records of arrests not followed by a conviction;
(4) convictions overturned by a higher court; or
(5) arrests that have been expunged.
(b) Except as provided in Section 2105-165 of the

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Department of Professional Regulation Law of the Civil
Administrative Code of Illinois, a period of 5 years after
conviction of a felony or of a misdemeanor directly related to
the practice of the profession, or a period of 3 years since
release from confinement, whichever is later, without any
subsequent conviction shall be prima facie evidence of
sufficient rehabilitation for the purpose of issuing a license
under this Act.
(c) Except as provided in subsection (b) of this Section
and Section 2105-165 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois,
when determining whether to grant a license to an applicant
with a prior conviction of a felony or of a misdemeanor
directly related to the practice of the profession, the
Department shall consider evidence of rehabilitation and
mitigating factors contained in the applicant's record,
including the following:
(1) the lack of direct relation of the offense for
which the applicant was previously convicted to the duties,
functions, and responsibilities of the position for which a
license is sought;
(2) the amount of time that has elapsed since the
offense occurred;
(3) if the applicant was previously licensed or
employed in this State or other states or jurisdictions,
then the lack of prior misconduct arising from or related

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to the licensed position or position of employment;
(4) the age of the person at the time of the criminal
offense;
(5) successful completion of sentence and, for
applicants serving a term of parole or probation, a
progress report provided by the applicant's probation or
parole officer that documents the applicant's compliance
with conditions of supervision;
(6) evidence of the applicant's present fitness and
professional character;
(7) evidence of rehabilitation or rehabilitative
effort during or after incarceration, or during or after a
term of supervision, including, but not limited to, a
certificate of good conduct under Section 5-5.5-25 of the
Unified Code of Corrections or certificate of relief from
disabilities under Section 5-5.5-10 of the Unified Code of
Corrections; and
(8) any other mitigating factors that contribute to the
person's potential and current ability to perform the job
duties.
(d) It is the affirmative obligation of the Department to
demonstrate that a prior conviction would impair the ability of
the applicant to engage in the practice requiring a license. If
the Department refuses to grant a license to an applicant, then
the Department shall notify the applicant of the denial in
writing with the following included in the notice of denial:

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(1) a statement about the decision to refuse to issue a
license;
(2) a list of the convictions that formed the sole or
partial basis for the refusal to issue a license;
(3) a list of the mitigating evidence presented by the
applicant;
(4) reasons for refusing to issue a license specific to
the evidence presented in mitigation of conviction items
that formed the partial or sole basis for the Department's
decision; and
(5) a summary of the appeal process or the earliest the
applicant may reapply for a license, whichever is
applicable.
(e) The Department shall issue an annual report indicating
the following:
(1) the number of applicants for a license under this
Act within the previous calendar year;
(2) the number of applicants for a license under this
Act within the previous calendar year who had any criminal
conviction;
(3) the number of applicants for a license under this
Act in the previous calendar year who were granted a
license;
(4) the number of applicants with a criminal conviction
who were granted a license under this Act within the
previous calendar year;

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(5) the number of applicants for a license under this
Act within the previous calendar year who were denied a
license;
(6) the number of applicants with a criminal conviction
who were denied a license under this Act in the previous
calendar year in part or in full because of the prior
conviction;
(7) the number of probationary licenses without
monitoring issued under this Act in the previous calendar
year to applicants with convictions;
(8) the number of probationary licenses with
monitoring issued under this Act in the previous calendar
year to applicants with convictions; and
(9) summary demographic information including race,
gender, age, and education for applicants described in
paragraphs 1 through 8.
(225 ILCS 20/19) (from Ch. 111, par. 6369)
(Section scheduled to be repealed on January 1, 2018)
Sec. 19. Grounds for disciplinary action.
(1) The Department may refuse to issue, refuse to renew,
suspend, or revoke any license, or may place on probation,
censure, reprimand, or take other disciplinary or
non-disciplinary action deemed appropriate by the Department,
including the imposition of fines not to exceed $10,000 for
each violation, with regard to any license issued under the

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provisions of this Act for any one or a combination of the
following reasons:
(a) material misstatements of fact in furnishing
information to the Department or to any other State agency
or in furnishing information to any insurance company with
respect to a claim on behalf of a licensee or a patient;
(b) violations or negligent or intentional disregard
of this Act, or any of the rules promulgated hereunder;
(c) for licensees, conviction of or entry of a plea of
guilty or nolo contendere to any crime that is a felony
under the laws of the United States or any state or
territory thereof or that is a misdemeanor, of which an
essential element is dishonesty, or any crime that is
directly related to the practice of the clinical social
work or social work professions;
(d) making any misrepresentation for the purpose of
obtaining licenses, or violating any provision of this Act
or any of the rules promulgated hereunder;
(e) professional incompetence;
(f) malpractice;
(g) aiding or assisting another person in violating any
provision of this Act or any rules;
(h) failing to provide information within 30 days in
response to a written request made by the Department;
(i) engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,

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defraud or harm the public as defined by the rules of the
Department, or violating the rules of professional conduct
adopted by the Board and published by the Department;
(j) habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a clinical social worker's or social
worker's inability to practice with reasonable judgment,
skill, or safety;
(k) discipline by another jurisdiction, if at least one
of the grounds for the discipline is the same or
substantially equivalent to those set forth in this
Section;
(l) 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 service not actually rendered.
Nothing in this paragraph (l) affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care
providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this paragraph (l) shall be construed to require
an employment arrangement to receive professional fees for

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services rendered;
(m) a finding by the Board that the licensee, after
having the license placed on probationary status, has
violated the terms of probation;
(n) abandonment, without cause, of a client;
(o) wilfully filing false reports relating to a
licensee's practice, including but not limited to false
records filed with Federal or State agencies or
departments;
(p) wilfully failing to report an instance of suspected
child abuse or neglect as required by the Abused and
Neglected Child Reporting Act;
(q) 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 or failed to take reasonable steps to prevent
a child from being an abused child or neglected child as
defined in the Abused and Neglected Child Reporting Act;
(r) physical illness, mental illness, or any other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skills that results in the inability to practice the
profession with reasonable judgment, skill or safety;
(s) solicitation of professional services by using
false or misleading advertising; or

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(t) violation of the Health Care Worker Self-Referral
Act.
(2) (Blank).
(3) The determination by a court that a licensee is subject
to involuntary admission or judicial admission as provided in
the Mental Health and Developmental Disabilities Code, will
result in an automatic suspension of his license. Such
suspension will end upon a finding by a court that the licensee
is no longer subject to involuntary admission or judicial
admission and issues 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 professional
practice.
(4) The Department may refuse to issue or renew or may
suspend the license of a person who (i) fails to file a return,
pay the tax, penalty, or interest shown in a filed return, or
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 or
(ii) has failed to pay any court-ordered child support as
determined by a court order or by referral from the Department
of Healthcare and Family Services.
(5) In enforcing this Section, the Board upon a showing of
a possible violation may compel a person licensed to practice
under this Act, or who has applied for licensure or
certification pursuant to this Act, to submit to a mental or

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physical examination, or both, as required by and at the
expense of the Department. The examining physicians shall be
those specifically designated by the Board. The Board or the
Department may order the examining physician 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. The person 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
person to submit to a mental or physical examination, when
directed, shall be grounds for suspension of a license until
the person submits to the examination if the Board finds, after
notice and hearing, that the refusal to submit to the
examination was without reasonable cause.
If the Board finds a person unable to practice because of
the reasons set forth in this Section, the Board may require
that person to submit to care, counseling, or treatment by
physicians approved or designated by the Board, as a condition,
term, or restriction for continued, reinstated, or renewed
licensure to practice; or, in lieu of care, counseling or
treatment, the Board may recommend to the Department to file a
complaint to immediately suspend, revoke or otherwise
discipline the license of the person. Any person whose license
was granted, continued, reinstated, renewed, disciplined or

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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 person shall have his or her
license suspended immediately, pending a hearing by the Board.
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 Board within 30 days after the
suspension and completed without appreciable delay. The Board
shall have the authority to review the subject person'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.
A person licensed under this Act and affected under this
Section shall be afforded an opportunity to demonstrate to the
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. 98-756, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect July 1,
2018.