Bill Text: IL HB3395 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Identification Act. Includes federal or State public records in the definition of "expunge". Amends various Acts related to occupational and professional licensing. Provides that no consideration shall be given to convictions entered prior to the date of the application, where the applicant has completed any sentence imposed for that conviction, including any period of mandatory supervised release.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3395 Detail]

Download: Illinois-2017-HB3395-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3395

Introduced , by Rep. Arthur Turner

SYNOPSIS AS INTRODUCED:
See Index

Amends the Criminal Identification Act. Includes federal or State public records in the definition of "expunge". Amends various Acts related to occupational and professional licensing. Provides that no consideration shall be given to convictions entered prior to the date of the application, where the applicant has completed any sentence imposed for that conviction, including any period of mandatory supervised release.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3395LRB100 06973 SMS 17024 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Identification Act is amended by
5changing Section 5.2 as follows:
6 (20 ILCS 2630/5.2)
7 Sec. 5.2. Expungement and sealing.
8 (a) General Provisions.
9 (1) Definitions. In this Act, words and phrases have
10 the meanings set forth in this subsection, except when a
11 particular context clearly requires a different meaning.
12 (A) The following terms shall have the meanings
13 ascribed to them in the Unified Code of Corrections,
14 730 ILCS 5/5-1-2 through 5/5-1-22:
15 (i) Business Offense (730 ILCS 5/5-1-2),
16 (ii) Charge (730 ILCS 5/5-1-3),
17 (iii) Court (730 ILCS 5/5-1-6),
18 (iv) Defendant (730 ILCS 5/5-1-7),
19 (v) Felony (730 ILCS 5/5-1-9),
20 (vi) Imprisonment (730 ILCS 5/5-1-10),
21 (vii) Judgment (730 ILCS 5/5-1-12),
22 (viii) Misdemeanor (730 ILCS 5/5-1-14),
23 (ix) Offense (730 ILCS 5/5-1-15),

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1 (x) Parole (730 ILCS 5/5-1-16),
2 (xi) Petty Offense (730 ILCS 5/5-1-17),
3 (xii) Probation (730 ILCS 5/5-1-18),
4 (xiii) Sentence (730 ILCS 5/5-1-19),
5 (xiv) Supervision (730 ILCS 5/5-1-21), and
6 (xv) Victim (730 ILCS 5/5-1-22).
7 (B) As used in this Section, "charge not initiated
8 by arrest" means a charge (as defined by 730 ILCS
9 5/5-1-3) brought against a defendant where the
10 defendant is not arrested prior to or as a direct
11 result of the charge.
12 (C) "Conviction" means a judgment of conviction or
13 sentence entered upon a plea of guilty or upon a
14 verdict or finding of guilty of an offense, rendered by
15 a legally constituted jury or by a court of competent
16 jurisdiction authorized to try the case without a jury.
17 An order of supervision successfully completed by the
18 petitioner is not a conviction. An order of qualified
19 probation (as defined in subsection (a)(1)(J))
20 successfully completed by the petitioner is not a
21 conviction. An order of supervision or an order of
22 qualified probation that is terminated
23 unsatisfactorily is a conviction, unless the
24 unsatisfactory termination is reversed, vacated, or
25 modified and the judgment of conviction, if any, is
26 reversed or vacated.

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1 (D) "Criminal offense" means a petty offense,
2 business offense, misdemeanor, felony, or municipal
3 ordinance violation (as defined in subsection
4 (a)(1)(H)). As used in this Section, a minor traffic
5 offense (as defined in subsection (a)(1)(G)) shall not
6 be considered a criminal offense.
7 (E) "Expunge" means to physically destroy the
8 records or return them to the petitioner and to
9 obliterate the petitioner's name from any official
10 index or federal or State public record, or both.
11 Nothing in this Act shall require the physical
12 destruction of the circuit court file, but such records
13 relating to arrests or charges, or both, ordered
14 expunged shall be impounded as required by subsections
15 (d)(9)(A)(ii) and (d)(9)(B)(ii).
16 (F) As used in this Section, "last sentence" means
17 the sentence, order of supervision, or order of
18 qualified probation (as defined by subsection
19 (a)(1)(J)), for a criminal offense (as defined by
20 subsection (a)(1)(D)) that terminates last in time in
21 any jurisdiction, regardless of whether the petitioner
22 has included the criminal offense for which the
23 sentence or order of supervision or qualified
24 probation was imposed in his or her petition. If
25 multiple sentences, orders of supervision, or orders
26 of qualified probation terminate on the same day and

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1 are last in time, they shall be collectively considered
2 the "last sentence" regardless of whether they were
3 ordered to run concurrently.
4 (G) "Minor traffic offense" means a petty offense,
5 business offense, or Class C misdemeanor under the
6 Illinois Vehicle Code or a similar provision of a
7 municipal or local ordinance.
8 (H) "Municipal ordinance violation" means an
9 offense defined by a municipal or local ordinance that
10 is criminal in nature and with which the petitioner was
11 charged or for which the petitioner was arrested and
12 released without charging.
13 (I) "Petitioner" means an adult or a minor
14 prosecuted as an adult who has applied for relief under
15 this Section.
16 (J) "Qualified probation" means an order of
17 probation under Section 10 of the Cannabis Control Act,
18 Section 410 of the Illinois Controlled Substances Act,
19 Section 70 of the Methamphetamine Control and
20 Community Protection Act, Section 5-6-3.3 or 5-6-3.4
21 of the Unified Code of Corrections, Section
22 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
23 those provisions existed before their deletion by
24 Public Act 89-313), Section 10-102 of the Illinois
25 Alcoholism and Other Drug Dependency Act, Section
26 40-10 of the Alcoholism and Other Drug Abuse and

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1 Dependency Act, or Section 10 of the Steroid Control
2 Act. For the purpose of this Section, "successful
3 completion" of an order of qualified probation under
4 Section 10-102 of the Illinois Alcoholism and Other
5 Drug Dependency Act and Section 40-10 of the Alcoholism
6 and Other Drug Abuse and Dependency Act means that the
7 probation was terminated satisfactorily and the
8 judgment of conviction was vacated.
9 (K) "Seal" means to physically and electronically
10 maintain the records, unless the records would
11 otherwise be destroyed due to age, but to make the
12 records unavailable without a court order, subject to
13 the exceptions in Sections 12 and 13 of this Act. The
14 petitioner's name shall also be obliterated from the
15 official index required to be kept by the circuit court
16 clerk under Section 16 of the Clerks of Courts Act, but
17 any index issued by the circuit court clerk before the
18 entry of the order to seal shall not be affected.
19 (L) "Sexual offense committed against a minor"
20 includes but is not limited to the offenses of indecent
21 solicitation of a child or criminal sexual abuse when
22 the victim of such offense is under 18 years of age.
23 (M) "Terminate" as it relates to a sentence or
24 order of supervision or qualified probation includes
25 either satisfactory or unsatisfactory termination of
26 the sentence, unless otherwise specified in this

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1 Section.
2 (2) Minor Traffic Offenses. Orders of supervision or
3 convictions for minor traffic offenses shall not affect a
4 petitioner's eligibility to expunge or seal records
5 pursuant to this Section.
6 (2.5) Commencing 180 days after July 29, 2016 (the
7 effective date of Public Act 99-697) this amendatory Act of
8 the 99th General Assembly, the law enforcement agency
9 issuing the citation shall automatically expunge, on or
10 before January 1 and July 1 of each year, the law
11 enforcement records of a person found to have committed a
12 civil law violation of subsection (a) of Section 4 of the
13 Cannabis Control Act or subsection (c) of Section 3.5 of
14 the Drug Paraphernalia Control Act in the law enforcement
15 agency's possession or control and which contains the final
16 satisfactory disposition which pertain to the person
17 issued a citation for that offense. The law enforcement
18 agency shall provide by rule the process for access,
19 review, and to confirm the automatic expungement by the law
20 enforcement agency issuing the citation. Commencing 180
21 days after July 29, 2016 (the effective date of Public Act
22 99-697) this amendatory Act of the 99th General Assembly,
23 the clerk of the circuit court shall expunge, upon order of
24 the court, or in the absence of a court order on or before
25 January 1 and July 1 of each year, the court records of a
26 person found in the circuit court to have committed a civil

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1 law violation of subsection (a) of Section 4 of the
2 Cannabis Control Act or subsection (c) of Section 3.5 of
3 the Drug Paraphernalia Control Act in the clerk's
4 possession or control and which contains the final
5 satisfactory disposition which pertain to the person
6 issued a citation for any of those offenses.
7 (3) Exclusions. Except as otherwise provided in
8 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
9 of this Section, the court shall not order:
10 (A) the sealing or expungement of the records of
11 arrests or charges not initiated by arrest that result
12 in an order of supervision for or conviction of: (i)
13 any sexual offense committed against a minor; (ii)
14 Section 11-501 of the Illinois Vehicle Code or a
15 similar provision of a local ordinance; or (iii)
16 Section 11-503 of the Illinois Vehicle Code or a
17 similar provision of a local ordinance, unless the
18 arrest or charge is for a misdemeanor violation of
19 subsection (a) of Section 11-503 or a similar provision
20 of a local ordinance, that occurred prior to the
21 offender reaching the age of 25 years and the offender
22 has no other conviction for violating Section 11-501 or
23 11-503 of the Illinois Vehicle Code or a similar
24 provision of a local ordinance.
25 (B) the sealing or expungement of records of minor
26 traffic offenses (as defined in subsection (a)(1)(G)),

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1 unless the petitioner was arrested and released
2 without charging.
3 (C) the sealing of the records of arrests or
4 charges not initiated by arrest which result in an
5 order of supervision or a conviction for the following
6 offenses:
7 (i) offenses included in Article 11 of the
8 Criminal Code of 1961 or the Criminal Code of 2012
9 or a similar provision of a local ordinance, except
10 Section 11-14 of the Criminal Code of 1961 or the
11 Criminal Code of 2012, or a similar provision of a
12 local ordinance;
13 (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
14 26-5, or 48-1 of the Criminal Code of 1961 or the
15 Criminal Code of 2012, or a similar provision of a
16 local ordinance;
17 (iii) Sections 12-3.1 or 12-3.2 of the
18 Criminal Code of 1961 or the Criminal Code of 2012,
19 or Section 125 of the Stalking No Contact Order
20 Act, or Section 219 of the Civil No Contact Order
21 Act, or a similar provision of a local ordinance;
22 (iv) offenses which are Class A misdemeanors
23 under the Humane Care for Animals Act; or
24 (v) any offense or attempted offense that
25 would subject a person to registration under the
26 Sex Offender Registration Act.

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1 (D) the sealing of the records of an arrest which
2 results in the petitioner being charged with a felony
3 offense or records of a charge not initiated by arrest
4 for a felony offense unless:
5 (i) the charge is amended to a misdemeanor and
6 is otherwise eligible to be sealed pursuant to
7 subsection (c);
8 (ii) the charge is brought along with another
9 charge as a part of one case and the charge results
10 in acquittal, dismissal, or conviction when the
11 conviction was reversed or vacated, and another
12 charge brought in the same case results in a
13 disposition for a misdemeanor offense that is
14 eligible to be sealed pursuant to subsection (c) or
15 a disposition listed in paragraph (i), (iii), or
16 (iv) of this subsection;
17 (iii) the charge results in first offender
18 probation as set forth in subsection (c)(2)(E);
19 (iv) the charge is for a felony offense listed
20 in subsection (c)(2)(F) or the charge is amended to
21 a felony offense listed in subsection (c)(2)(F);
22 (v) the charge results in acquittal,
23 dismissal, or the petitioner's release without
24 conviction; or
25 (vi) the charge results in a conviction, but
26 the conviction was reversed or vacated.

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1 (b) Expungement.
2 (1) A petitioner may petition the circuit court to
3 expunge the records of his or her arrests and charges not
4 initiated by arrest when each arrest or charge not
5 initiated by arrest sought to be expunged resulted in: (i)
6 acquittal, dismissal, or the petitioner's release without
7 charging, unless excluded by subsection (a)(3)(B); (ii) a
8 conviction which was vacated or reversed, unless excluded
9 by subsection (a)(3)(B); (iii) an order of supervision and
10 such supervision was successfully completed by the
11 petitioner, unless excluded by subsection (a)(3)(A) or
12 (a)(3)(B); or (iv) an order of qualified probation (as
13 defined in subsection (a)(1)(J)) and such probation was
14 successfully completed by the petitioner.
15 (1.5) When a petitioner seeks to have a record of
16 arrest expunged under this Section, and the offender has
17 been convicted of a criminal offense, the State's Attorney
18 may object to the expungement on the grounds that the
19 records contain specific relevant information aside from
20 the mere fact of the arrest.
21 (2) Time frame for filing a petition to expunge.
22 (A) When the arrest or charge not initiated by
23 arrest sought to be expunged resulted in an acquittal,
24 dismissal, the petitioner's release without charging,
25 or the reversal or vacation of a conviction, there is
26 no waiting period to petition for the expungement of

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1 such records.
2 (B) When the arrest or charge not initiated by
3 arrest sought to be expunged resulted in an order of
4 supervision, successfully completed by the petitioner,
5 the following time frames will apply:
6 (i) Those arrests or charges that resulted in
7 orders of supervision under Section 3-707, 3-708,
8 3-710, or 5-401.3 of the Illinois Vehicle Code or a
9 similar provision of a local ordinance, or under
10 Section 11-1.50, 12-3.2, or 12-15 of the Criminal
11 Code of 1961 or the Criminal Code of 2012, or a
12 similar provision of a local ordinance, shall not
13 be eligible for expungement until 5 years have
14 passed following the satisfactory termination of
15 the supervision.
16 (i-5) Those arrests or charges that resulted
17 in orders of supervision for a misdemeanor
18 violation of subsection (a) of Section 11-503 of
19 the Illinois Vehicle Code or a similar provision of
20 a local ordinance, that occurred prior to the
21 offender reaching the age of 25 years and the
22 offender has no other conviction for violating
23 Section 11-501 or 11-503 of the Illinois Vehicle
24 Code or a similar provision of a local ordinance
25 shall not be eligible for expungement until the
26 petitioner has reached the age of 25 years.

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1 (ii) Those arrests or charges that resulted in
2 orders of supervision for any other offenses shall
3 not be eligible for expungement until 2 years have
4 passed following the satisfactory termination of
5 the supervision.
6 (C) When the arrest or charge not initiated by
7 arrest sought to be expunged resulted in an order of
8 qualified probation, successfully completed by the
9 petitioner, such records shall not be eligible for
10 expungement until 5 years have passed following the
11 satisfactory termination of the probation.
12 (3) Those records maintained by the Department for
13 persons arrested prior to their 17th birthday shall be
14 expunged as provided in Section 5-915 of the Juvenile Court
15 Act of 1987.
16 (4) Whenever a person has been arrested for or
17 convicted of any offense, in the name of a person whose
18 identity he or she has stolen or otherwise come into
19 possession of, the aggrieved person from whom the identity
20 was stolen or otherwise obtained without authorization,
21 upon learning of the person having been arrested using his
22 or her identity, may, upon verified petition to the chief
23 judge of the circuit wherein the arrest was made, have a
24 court order entered nunc pro tunc by the Chief Judge to
25 correct the arrest record, conviction record, if any, and
26 all official records of the arresting authority, the

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1 Department, other criminal justice agencies, the
2 prosecutor, and the trial court concerning such arrest, if
3 any, by removing his or her name from all such records in
4 connection with the arrest and conviction, if any, and by
5 inserting in the records the name of the offender, if known
6 or ascertainable, in lieu of the aggrieved's name. The
7 records of the circuit court clerk shall be sealed until
8 further order of the court upon good cause shown and the
9 name of the aggrieved person obliterated on the official
10 index required to be kept by the circuit court clerk under
11 Section 16 of the Clerks of Courts Act, but the order shall
12 not affect any index issued by the circuit court clerk
13 before the entry of the order. Nothing in this Section
14 shall limit the Department of State Police or other
15 criminal justice agencies or prosecutors from listing
16 under an offender's name the false names he or she has
17 used.
18 (5) Whenever a person has been convicted of criminal
19 sexual assault, aggravated criminal sexual assault,
20 predatory criminal sexual assault of a child, criminal
21 sexual abuse, or aggravated criminal sexual abuse, the
22 victim of that offense may request that the State's
23 Attorney of the county in which the conviction occurred
24 file a verified petition with the presiding trial judge at
25 the petitioner's trial to have a court order entered to
26 seal the records of the circuit court clerk in connection

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1 with the proceedings of the trial court concerning that
2 offense. However, the records of the arresting authority
3 and the Department of State Police concerning the offense
4 shall not be sealed. The court, upon good cause shown,
5 shall make the records of the circuit court clerk in
6 connection with the proceedings of the trial court
7 concerning the offense available for public inspection.
8 (6) If a conviction has been set aside on direct review
9 or on collateral attack and the court determines by clear
10 and convincing evidence that the petitioner was factually
11 innocent of the charge, the court that finds the petitioner
12 factually innocent of the charge shall enter an expungement
13 order for the conviction for which the petitioner has been
14 determined to be innocent as provided in subsection (b) of
15 Section 5-5-4 of the Unified Code of Corrections.
16 (7) Nothing in this Section shall prevent the
17 Department of State Police from maintaining all records of
18 any person who is admitted to probation upon terms and
19 conditions and who fulfills those terms and conditions
20 pursuant to Section 10 of the Cannabis Control Act, Section
21 410 of the Illinois Controlled Substances Act, Section 70
22 of the Methamphetamine Control and Community Protection
23 Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
24 Corrections, Section 12-4.3 or subdivision (b)(1) of
25 Section 12-3.05 of the Criminal Code of 1961 or the
26 Criminal Code of 2012, Section 10-102 of the Illinois

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1 Alcoholism and Other Drug Dependency Act, Section 40-10 of
2 the Alcoholism and Other Drug Abuse and Dependency Act, or
3 Section 10 of the Steroid Control Act.
4 (8) If the petitioner has been granted a certificate of
5 innocence under Section 2-702 of the Code of Civil
6 Procedure, the court that grants the certificate of
7 innocence shall also enter an order expunging the
8 conviction for which the petitioner has been determined to
9 be innocent as provided in subsection (h) of Section 2-702
10 of the Code of Civil Procedure.
11 (c) Sealing.
12 (1) Applicability. Notwithstanding any other provision
13 of this Act to the contrary, and cumulative with any rights
14 to expungement of criminal records, this subsection
15 authorizes the sealing of criminal records of adults and of
16 minors prosecuted as adults.
17 (2) Eligible Records. The following records may be
18 sealed:
19 (A) All arrests resulting in release without
20 charging;
21 (B) Arrests or charges not initiated by arrest
22 resulting in acquittal, dismissal, or conviction when
23 the conviction was reversed or vacated, except as
24 excluded by subsection (a)(3)(B);
25 (C) Arrests or charges not initiated by arrest
26 resulting in orders of supervision, including orders

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1 of supervision for municipal ordinance violations,
2 successfully completed by the petitioner, unless
3 excluded by subsection (a)(3);
4 (D) Arrests or charges not initiated by arrest
5 resulting in convictions, including convictions on
6 municipal ordinance violations, unless excluded by
7 subsection (a)(3);
8 (E) Arrests or charges not initiated by arrest
9 resulting in orders of first offender probation under
10 Section 10 of the Cannabis Control Act, Section 410 of
11 the Illinois Controlled Substances Act, Section 70 of
12 the Methamphetamine Control and Community Protection
13 Act, or Section 5-6-3.3 of the Unified Code of
14 Corrections; and
15 (F) Arrests or charges not initiated by arrest
16 resulting in felony convictions for the following
17 offenses:
18 (i) Class 4 felony convictions for:
19 Prostitution under Section 11-14 of the
20 Criminal Code of 1961 or the Criminal Code of
21 2012.
22 Possession of cannabis under Section 4 of
23 the Cannabis Control Act.
24 Possession of a controlled substance under
25 Section 402 of the Illinois Controlled
26 Substances Act.

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1 Offenses under the Methamphetamine
2 Precursor Control Act.
3 Offenses under the Steroid Control Act.
4 Theft under Section 16-1 of the Criminal
5 Code of 1961 or the Criminal Code of 2012.
6 Retail theft under Section 16A-3 or
7 paragraph (a) of 16-25 of the Criminal Code of
8 1961 or the Criminal Code of 2012.
9 Deceptive practices under Section 17-1 of
10 the Criminal Code of 1961 or the Criminal Code
11 of 2012.
12 Forgery under Section 17-3 of the Criminal
13 Code of 1961 or the Criminal Code of 2012.
14 Possession of burglary tools under Section
15 19-2 of the Criminal Code of 1961 or the
16 Criminal Code of 2012.
17 (ii) Class 3 felony convictions for:
18 Theft under Section 16-1 of the Criminal
19 Code of 1961 or the Criminal Code of 2012.
20 Retail theft under Section 16A-3 or
21 paragraph (a) of 16-25 of the Criminal Code of
22 1961 or the Criminal Code of 2012.
23 Deceptive practices under Section 17-1 of
24 the Criminal Code of 1961 or the Criminal Code
25 of 2012.
26 Forgery under Section 17-3 of the Criminal

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1 Code of 1961 or the Criminal Code of 2012.
2 Possession with intent to manufacture or
3 deliver a controlled substance under Section
4 401 of the Illinois Controlled Substances Act.
5 (3) When Records Are Eligible to Be Sealed. Records
6 identified as eligible under subsection (c)(2) may be
7 sealed as follows:
8 (A) Records identified as eligible under
9 subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
10 time.
11 (B) Except as otherwise provided in subparagraph
12 (E) of this paragraph (3), records identified as
13 eligible under subsection (c)(2)(C) may be sealed 2
14 years after the termination of petitioner's last
15 sentence (as defined in subsection (a)(1)(F)).
16 (C) Except as otherwise provided in subparagraph
17 (E) of this paragraph (3), records identified as
18 eligible under subsections (c)(2)(D), (c)(2)(E), and
19 (c)(2)(F) may be sealed 3 years after the termination
20 of the petitioner's last sentence (as defined in
21 subsection (a)(1)(F)).
22 (D) Records identified in subsection
23 (a)(3)(A)(iii) may be sealed after the petitioner has
24 reached the age of 25 years.
25 (E) Records identified as eligible under
26 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or

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1 (c)(2)(F) may be sealed upon termination of the
2 petitioner's last sentence if the petitioner earned a
3 high school diploma, associate's degree, career
4 certificate, vocational technical certification, or
5 bachelor's degree, or passed the high school level Test
6 of General Educational Development, during the period
7 of his or her sentence, aftercare release, or mandatory
8 supervised release. This subparagraph shall apply only
9 to a petitioner who has not completed the same
10 educational goal prior to the period of his or her
11 sentence, aftercare release, or mandatory supervised
12 release. If a petition for sealing eligible records
13 filed under this subparagraph is denied by the court,
14 the time periods under subparagraph (B) or (C) shall
15 apply to any subsequent petition for sealing filed by
16 the petitioner.
17 (4) Subsequent felony convictions. A person may not
18 have subsequent felony conviction records sealed as
19 provided in this subsection (c) if he or she is convicted
20 of any felony offense after the date of the sealing of
21 prior felony convictions as provided in this subsection
22 (c). The court may, upon conviction for a subsequent felony
23 offense, order the unsealing of prior felony conviction
24 records previously ordered sealed by the court.
25 (5) Notice of eligibility for sealing. Upon entry of a
26 disposition for an eligible record under this subsection

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1 (c), the petitioner shall be informed by the court of the
2 right to have the records sealed and the procedures for the
3 sealing of the records.
4 (d) Procedure. The following procedures apply to
5expungement under subsections (b), (e), and (e-6) and sealing
6under subsections (c) and (e-5):
7 (1) Filing the petition. Upon becoming eligible to
8 petition for the expungement or sealing of records under
9 this Section, the petitioner shall file a petition
10 requesting the expungement or sealing of records with the
11 clerk of the court where the arrests occurred or the
12 charges were brought, or both. If arrests occurred or
13 charges were brought in multiple jurisdictions, a petition
14 must be filed in each such jurisdiction. The petitioner
15 shall pay the applicable fee, except no fee shall be
16 required if the petitioner has obtained a court order
17 waiving fees under Supreme Court Rule 298 or it is
18 otherwise waived.
19 (1.5) County fee waiver pilot program. In a county of
20 3,000,000 or more inhabitants, no fee shall be required to
21 be paid by a petitioner if the records sought to be
22 expunged or sealed were arrests resulting in release
23 without charging or arrests or charges not initiated by
24 arrest resulting in acquittal, dismissal, or conviction
25 when the conviction was reversed or vacated, unless
26 excluded by subsection (a)(3)(B). The provisions of this

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1 paragraph (1.5), other than this sentence, are inoperative
2 on and after January 1, 2018 or one year after January 1,
3 2017 (the effective date of Public Act 99-881) this
4 amendatory Act of the 99th General Assembly, whichever is
5 later.
6 (2) Contents of petition. The petition shall be
7 verified and shall contain the petitioner's name, date of
8 birth, current address and, for each arrest or charge not
9 initiated by arrest sought to be sealed or expunged, the
10 case number, the date of arrest (if any), the identity of
11 the arresting authority, and such other information as the
12 court may require. During the pendency of the proceeding,
13 the petitioner shall promptly notify the circuit court
14 clerk of any change of his or her address. If the
15 petitioner has received a certificate of eligibility for
16 sealing from the Prisoner Review Board under paragraph (10)
17 of subsection (a) of Section 3-3-2 of the Unified Code of
18 Corrections, the certificate shall be attached to the
19 petition.
20 (3) Drug test. The petitioner must attach to the
21 petition proof that the petitioner has passed a test taken
22 within 30 days before the filing of the petition showing
23 the absence within his or her body of all illegal
24 substances as defined by the Illinois Controlled
25 Substances Act, the Methamphetamine Control and Community
26 Protection Act, and the Cannabis Control Act if he or she

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1 is petitioning to:
2 (A) seal felony records under clause (c)(2)(E);
3 (B) seal felony records for a violation of the
4 Illinois Controlled Substances Act, the
5 Methamphetamine Control and Community Protection Act,
6 or the Cannabis Control Act under clause (c)(2)(F);
7 (C) seal felony records under subsection (e-5); or
8 (D) expunge felony records of a qualified
9 probation under clause (b)(1)(iv).
10 (4) Service of petition. The circuit court clerk shall
11 promptly serve a copy of the petition and documentation to
12 support the petition under subsection (e-5) or (e-6) on the
13 State's Attorney or prosecutor charged with the duty of
14 prosecuting the offense, the Department of State Police,
15 the arresting agency and the chief legal officer of the
16 unit of local government effecting the arrest.
17 (5) Objections.
18 (A) Any party entitled to notice of the petition
19 may file an objection to the petition. All objections
20 shall be in writing, shall be filed with the circuit
21 court clerk, and shall state with specificity the basis
22 of the objection. Whenever a person who has been
23 convicted of an offense is granted a pardon by the
24 Governor which specifically authorizes expungement, an
25 objection to the petition may not be filed.
26 (B) Objections to a petition to expunge or seal

HB3395- 23 -LRB100 06973 SMS 17024 b
1 must be filed within 60 days of the date of service of
2 the petition.
3 (6) Entry of order.
4 (A) The Chief Judge of the circuit wherein the
5 charge was brought, any judge of that circuit
6 designated by the Chief Judge, or in counties of less
7 than 3,000,000 inhabitants, the presiding trial judge
8 at the petitioner's trial, if any, shall rule on the
9 petition to expunge or seal as set forth in this
10 subsection (d)(6).
11 (B) Unless the State's Attorney or prosecutor, the
12 Department of State Police, the arresting agency, or
13 the chief legal officer files an objection to the
14 petition to expunge or seal within 60 days from the
15 date of service of the petition, the court shall enter
16 an order granting or denying the petition.
17 (7) Hearings. If an objection is filed, the court shall
18 set a date for a hearing and notify the petitioner and all
19 parties entitled to notice of the petition of the hearing
20 date at least 30 days prior to the hearing. Prior to the
21 hearing, the State's Attorney shall consult with the
22 Department as to the appropriateness of the relief sought
23 in the petition to expunge or seal. At the hearing, the
24 court shall hear evidence on whether the petition should or
25 should not be granted, and shall grant or deny the petition
26 to expunge or seal the records based on the evidence

HB3395- 24 -LRB100 06973 SMS 17024 b
1 presented at the hearing. The court may consider the
2 following:
3 (A) the strength of the evidence supporting the
4 defendant's conviction;
5 (B) the reasons for retention of the conviction
6 records by the State;
7 (C) the petitioner's age, criminal record history,
8 and employment history;
9 (D) the period of time between the petitioner's
10 arrest on the charge resulting in the conviction and
11 the filing of the petition under this Section; and
12 (E) the specific adverse consequences the
13 petitioner may be subject to if the petition is denied.
14 (8) Service of order. After entering an order to
15 expunge or seal records, the court must provide copies of
16 the order to the Department, in a form and manner
17 prescribed by the Department, to the petitioner, to the
18 State's Attorney or prosecutor charged with the duty of
19 prosecuting the offense, to the arresting agency, to the
20 chief legal officer of the unit of local government
21 effecting the arrest, and to such other criminal justice
22 agencies as may be ordered by the court.
23 (9) Implementation of order.
24 (A) Upon entry of an order to expunge records
25 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
26 (i) the records shall be expunged (as defined

HB3395- 25 -LRB100 06973 SMS 17024 b
1 in subsection (a)(1)(E)) by the arresting agency,
2 the Department, and any other agency as ordered by
3 the court, within 60 days of the date of service of
4 the order, unless a motion to vacate, modify, or
5 reconsider the order is filed pursuant to
6 paragraph (12) of subsection (d) of this Section;
7 (ii) the records of the circuit court clerk
8 shall be impounded until further order of the court
9 upon good cause shown and the name of the
10 petitioner obliterated on the official index
11 required to be kept by the circuit court clerk
12 under Section 16 of the Clerks of Courts Act, but
13 the order shall not affect any index issued by the
14 circuit court clerk before the entry of the order;
15 and
16 (iii) in response to an inquiry for expunged
17 records, the court, the Department, or the agency
18 receiving such inquiry, shall reply as it does in
19 response to inquiries when no records ever
20 existed.
21 (B) Upon entry of an order to expunge records
22 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
23 (i) the records shall be expunged (as defined
24 in subsection (a)(1)(E)) by the arresting agency
25 and any other agency as ordered by the court,
26 within 60 days of the date of service of the order,

HB3395- 26 -LRB100 06973 SMS 17024 b
1 unless a motion to vacate, modify, or reconsider
2 the order is filed pursuant to paragraph (12) of
3 subsection (d) of this Section;
4 (ii) the records of the circuit court clerk
5 shall be impounded until further order of the court
6 upon good cause shown and the name of the
7 petitioner obliterated on the official index
8 required to be kept by the circuit court clerk
9 under Section 16 of the Clerks of Courts Act, but
10 the order shall not affect any index issued by the
11 circuit court clerk before the entry of the order;
12 (iii) the records shall be impounded by the
13 Department within 60 days of the date of service of
14 the order as ordered by the court, unless a motion
15 to vacate, modify, or reconsider the order is filed
16 pursuant to paragraph (12) of subsection (d) of
17 this Section;
18 (iv) records impounded by the Department may
19 be disseminated by the Department only as required
20 by law or to the arresting authority, the State's
21 Attorney, and the court upon a later arrest for the
22 same or a similar offense or for the purpose of
23 sentencing for any subsequent felony, and to the
24 Department of Corrections upon conviction for any
25 offense; and
26 (v) in response to an inquiry for such records

HB3395- 27 -LRB100 06973 SMS 17024 b
1 from anyone not authorized by law to access such
2 records, the court, the Department, or the agency
3 receiving such inquiry shall reply as it does in
4 response to inquiries when no records ever
5 existed.
6 (B-5) Upon entry of an order to expunge records
7 under subsection (e-6):
8 (i) the records shall be expunged (as defined
9 in subsection (a)(1)(E)) by the arresting agency
10 and any other agency as ordered by the court,
11 within 60 days of the date of service of the order,
12 unless a motion to vacate, modify, or reconsider
13 the order is filed under paragraph (12) of
14 subsection (d) of this Section;
15 (ii) the records of the circuit court clerk
16 shall be impounded until further order of the court
17 upon good cause shown and the name of the
18 petitioner obliterated on the official index
19 required to be kept by the circuit court clerk
20 under Section 16 of the Clerks of Courts Act, but
21 the order shall not affect any index issued by the
22 circuit court clerk before the entry of the order;
23 (iii) the records shall be impounded by the
24 Department within 60 days of the date of service of
25 the order as ordered by the court, unless a motion
26 to vacate, modify, or reconsider the order is filed

HB3395- 28 -LRB100 06973 SMS 17024 b
1 under paragraph (12) of subsection (d) of this
2 Section;
3 (iv) records impounded by the Department may
4 be disseminated by the Department only as required
5 by law or to the arresting authority, the State's
6 Attorney, and the court upon a later arrest for the
7 same or a similar offense or for the purpose of
8 sentencing for any subsequent felony, and to the
9 Department of Corrections upon conviction for any
10 offense; and
11 (v) in response to an inquiry for these records
12 from anyone not authorized by law to access the
13 records, the court, the Department, or the agency
14 receiving the inquiry shall reply as it does in
15 response to inquiries when no records ever
16 existed.
17 (C) Upon entry of an order to seal records under
18 subsection (c), the arresting agency, any other agency
19 as ordered by the court, the Department, and the court
20 shall seal the records (as defined in subsection
21 (a)(1)(K)). In response to an inquiry for such records,
22 from anyone not authorized by law to access such
23 records, the court, the Department, or the agency
24 receiving such inquiry shall reply as it does in
25 response to inquiries when no records ever existed.
26 (D) The Department shall send written notice to the

HB3395- 29 -LRB100 06973 SMS 17024 b
1 petitioner of its compliance with each order to expunge
2 or seal records within 60 days of the date of service
3 of that order or, if a motion to vacate, modify, or
4 reconsider is filed, within 60 days of service of the
5 order resolving the motion, if that order requires the
6 Department to expunge or seal records. In the event of
7 an appeal from the circuit court order, the Department
8 shall send written notice to the petitioner of its
9 compliance with an Appellate Court or Supreme Court
10 judgment to expunge or seal records within 60 days of
11 the issuance of the court's mandate. The notice is not
12 required while any motion to vacate, modify, or
13 reconsider, or any appeal or petition for
14 discretionary appellate review, is pending.
15 (10) Fees. The Department may charge the petitioner a
16 fee equivalent to the cost of processing any order to
17 expunge or seal records. Notwithstanding any provision of
18 the Clerks of Courts Act to the contrary, the circuit court
19 clerk may charge a fee equivalent to the cost associated
20 with the sealing or expungement of records by the circuit
21 court clerk. From the total filing fee collected for the
22 petition to seal or expunge, the circuit court clerk shall
23 deposit $10 into the Circuit Court Clerk Operation and
24 Administrative Fund, to be used to offset the costs
25 incurred by the circuit court clerk in performing the
26 additional duties required to serve the petition to seal or

HB3395- 30 -LRB100 06973 SMS 17024 b
1 expunge on all parties. The circuit court clerk shall
2 collect and forward the Department of State Police portion
3 of the fee to the Department and it shall be deposited in
4 the State Police Services Fund.
5 (11) Final Order. No court order issued under the
6 expungement or sealing provisions of this Section shall
7 become final for purposes of appeal until 30 days after
8 service of the order on the petitioner and all parties
9 entitled to notice of the petition.
10 (12) Motion to Vacate, Modify, or Reconsider. Under
11 Section 2-1203 of the Code of Civil Procedure, the
12 petitioner or any party entitled to notice may file a
13 motion to vacate, modify, or reconsider the order granting
14 or denying the petition to expunge or seal within 60 days
15 of service of the order. If filed more than 60 days after
16 service of the order, a petition to vacate, modify, or
17 reconsider shall comply with subsection (c) of Section
18 2-1401 of the Code of Civil Procedure. Upon filing of a
19 motion to vacate, modify, or reconsider, notice of the
20 motion shall be served upon the petitioner and all parties
21 entitled to notice of the petition.
22 (13) Effect of Order. An order granting a petition
23 under the expungement or sealing provisions of this Section
24 shall not be considered void because it fails to comply
25 with the provisions of this Section or because of any error
26 asserted in a motion to vacate, modify, or reconsider. The

HB3395- 31 -LRB100 06973 SMS 17024 b
1 circuit court retains jurisdiction to determine whether
2 the order is voidable and to vacate, modify, or reconsider
3 its terms based on a motion filed under paragraph (12) of
4 this subsection (d).
5 (14) Compliance with Order Granting Petition to Seal
6 Records. Unless a court has entered a stay of an order
7 granting a petition to seal, all parties entitled to notice
8 of the petition must fully comply with the terms of the
9 order within 60 days of service of the order even if a
10 party is seeking relief from the order through a motion
11 filed under paragraph (12) of this subsection (d) or is
12 appealing the order.
13 (15) Compliance with Order Granting Petition to
14 Expunge Records. While a party is seeking relief from the
15 order granting the petition to expunge through a motion
16 filed under paragraph (12) of this subsection (d) or is
17 appealing the order, and unless a court has entered a stay
18 of that order, the parties entitled to notice of the
19 petition must seal, but need not expunge, the records until
20 there is a final order on the motion for relief or, in the
21 case of an appeal, the issuance of that court's mandate.
22 (16) The changes to this subsection (d) made by Public
23 Act 98-163 apply to all petitions pending on August 5, 2013
24 (the effective date of Public Act 98-163) and to all orders
25 ruling on a petition to expunge or seal on or after August
26 5, 2013 (the effective date of Public Act 98-163).

HB3395- 32 -LRB100 06973 SMS 17024 b
1 (e) Whenever a person who has been convicted of an offense
2is granted a pardon by the Governor which specifically
3authorizes expungement, he or she may, upon verified petition
4to the Chief Judge of the circuit where the person had been
5convicted, any judge of the circuit designated by the Chief
6Judge, or in counties of less than 3,000,000 inhabitants, the
7presiding trial judge at the defendant's trial, have a court
8order entered expunging the record of arrest from the official
9records of the arresting authority and order that the records
10of the circuit court clerk and the Department be sealed until
11further order of the court upon good cause shown or as
12otherwise provided herein, and the name of the defendant
13obliterated from the official index requested to be kept by the
14circuit court clerk under Section 16 of the Clerks of Courts
15Act in connection with the arrest and conviction for the
16offense for which he or she had been pardoned but the order
17shall not affect any index issued by the circuit court clerk
18before the entry of the order. All records sealed by the
19Department may be disseminated by the Department only to the
20arresting authority, the State's Attorney, and the court upon a
21later arrest for the same or similar offense or for the purpose
22of sentencing for any subsequent felony. Upon conviction for
23any subsequent offense, the Department of Corrections shall
24have access to all sealed records of the Department pertaining
25to that individual. Upon entry of the order of expungement, the
26circuit court clerk shall promptly mail a copy of the order to

HB3395- 33 -LRB100 06973 SMS 17024 b
1the person who was pardoned.
2 (e-5) Whenever a person who has been convicted of an
3offense is granted a certificate of eligibility for sealing by
4the Prisoner Review Board which specifically authorizes
5sealing, he or she may, upon verified petition to the Chief
6Judge of the circuit where the person had been convicted, any
7judge of the circuit designated by the Chief Judge, or in
8counties of less than 3,000,000 inhabitants, the presiding
9trial judge at the petitioner's trial, have a court order
10entered sealing the record of arrest from the official records
11of the arresting authority and order that the records of the
12circuit court clerk and the Department be sealed until further
13order of the court upon good cause shown or as otherwise
14provided herein, and the name of the petitioner obliterated
15from the official index requested to be kept by the circuit
16court clerk under Section 16 of the Clerks of Courts Act in
17connection with the arrest and conviction for the offense for
18which he or she had been granted the certificate but the order
19shall not affect any index issued by the circuit court clerk
20before the entry of the order. All records sealed by the
21Department may be disseminated by the Department only as
22required by this Act or to the arresting authority, a law
23enforcement agency, the State's Attorney, and the court upon a
24later arrest for the same or similar offense or for the purpose
25of sentencing for any subsequent felony. Upon conviction for
26any subsequent offense, the Department of Corrections shall

HB3395- 34 -LRB100 06973 SMS 17024 b
1have access to all sealed records of the Department pertaining
2to that individual. Upon entry of the order of sealing, the
3circuit court clerk shall promptly mail a copy of the order to
4the person who was granted the certificate of eligibility for
5sealing.
6 (e-6) Whenever a person who has been convicted of an
7offense is granted a certificate of eligibility for expungement
8by the Prisoner Review Board which specifically authorizes
9expungement, he or she may, upon verified petition to the Chief
10Judge of the circuit where the person had been convicted, any
11judge of the circuit designated by the Chief Judge, or in
12counties of less than 3,000,000 inhabitants, the presiding
13trial judge at the petitioner's trial, have a court order
14entered expunging the record of arrest from the official
15records of the arresting authority and order that the records
16of the circuit court clerk and the Department be sealed until
17further order of the court upon good cause shown or as
18otherwise provided herein, and the name of the petitioner
19obliterated from the official index requested to be kept by the
20circuit court clerk under Section 16 of the Clerks of Courts
21Act in connection with the arrest and conviction for the
22offense for which he or she had been granted the certificate
23but the order shall not affect any index issued by the circuit
24court clerk before the entry of the order. All records sealed
25by the Department may be disseminated by the Department only as
26required by this Act or to the arresting authority, a law

HB3395- 35 -LRB100 06973 SMS 17024 b
1enforcement agency, the State's Attorney, and the court upon a
2later arrest for the same or similar offense or for the purpose
3of sentencing for any subsequent felony. Upon conviction for
4any subsequent offense, the Department of Corrections shall
5have access to all expunged records of the Department
6pertaining to that individual. Upon entry of the order of
7expungement, the circuit court clerk shall promptly mail a copy
8of the order to the person who was granted the certificate of
9eligibility for expungement.
10 (f) Subject to available funding, the Illinois Department
11of Corrections shall conduct a study of the impact of sealing,
12especially on employment and recidivism rates, utilizing a
13random sample of those who apply for the sealing of their
14criminal records under Public Act 93-211. At the request of the
15Illinois Department of Corrections, records of the Illinois
16Department of Employment Security shall be utilized as
17appropriate to assist in the study. The study shall not
18disclose any data in a manner that would allow the
19identification of any particular individual or employing unit.
20The study shall be made available to the General Assembly no
21later than September 1, 2010.
22(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
23eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
24eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
2598-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;
2699-385, eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff.

HB3395- 36 -LRB100 06973 SMS 17024 b
17-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)
2 Section 10. The School Code is amended by changing Sections
321B-15 and 21B-80 as follows:
4 (105 ILCS 5/21B-15)
5 Sec. 21B-15. Qualifications of educators.
6 (a) No one may be licensed to teach or supervise or be
7otherwise employed in the public schools of this State who is
8not of good character and at least 20 years of age.
9 In determining good character under this Section, the State
10Superintendent of Education shall take into consideration the
11disciplinary actions of other states or national entities
12against certificates or licenses issued by those states and
13held by individuals from those states. In addition, certain any
14felony convictions conviction of the applicant may be taken
15into consideration; however, no one may be licensed to teach or
16supervise in the public schools of this State who has been
17convicted of (i) an offense set forth in subsection (b) of
18Section 21B-80 of this Code until 7 years following the end of
19the sentence for the criminal offense or (ii) an offense set
20forth in subsection (c) of Section 21B-80 of this Code. Unless
21the conviction is for an offense set forth in Section 21B-80 of
22this Code, an applicant must be permitted to submit character
23references or other written material before such a conviction
24or other information regarding the applicant's character may be

HB3395- 37 -LRB100 06973 SMS 17024 b
1used by the State Superintendent of Education as a basis for
2denying the application.
3 (b) No person otherwise qualified shall be denied the right
4to be licensed or to receive training for the purpose of
5becoming an educator because of a physical disability,
6including, but not limited to, visual and hearing disabilities;
7nor shall any school district refuse to employ a teacher on
8such grounds, provided that the person is able to carry out the
9duties of the position for which he or she applies.
10 (c) No person may be granted or continue to hold an
11educator license who has knowingly altered or misrepresented
12his or her qualifications, in this State or any other state, in
13order to acquire or renew the license. Any other license issued
14under this Article held by the person may be suspended or
15revoked by the State Educator Preparation and Licensure Board,
16depending upon the severity of the alteration or
17misrepresentation.
18 (d) No one may teach or supervise in the public schools nor
19receive for teaching or supervising any part of any public
20school fund who does not hold an educator license granted by
21the State Superintendent of Education as provided in this
22Article. However, the provisions of this Article do not apply
23to a member of the armed forces who is employed as a teacher of
24subjects in the Reserve Officers' Training Corps of any school,
25nor to an individual teaching a dual credit course as provided
26for in the Dual Credit Quality Act.

HB3395- 38 -LRB100 06973 SMS 17024 b
1 (e) Notwithstanding any other provision of this Code, the
2school board of a school district may grant to a teacher of the
3district a leave of absence with full pay for a period of not
4more than one year to permit the teacher to teach in a foreign
5state under the provisions of the Exchange Teacher Program
6established under Public Law 584, 79th Congress, and Public Law
7402, 80th Congress, as amended. The school board granting the
8leave of absence may employ, with or without pay, a national of
9the foreign state wherein the teacher on the leave of absence
10is to teach if the national is qualified to teach in that
11foreign state and if that national is to teach in a grade level
12similar to the one that was taught in the foreign state. The
13State Board of Education, in consultation with the State
14Educator Preparation and Licensure Board, may adopt rules as
15may be necessary to implement this subsection (e).
16(Source: P.A. 99-667, eff. 7-29-16.)
17 (105 ILCS 5/21B-80)
18 Sec. 21B-80. Conviction of certain offenses as grounds for
19disqualification for licensure or suspension or revocation of a
20license.
21 (a) As used in this Section:
22 "Drug offense" means any one or more of the following
23offenses:
24 (1) Any offense defined in the Cannabis Control Act,
25 except those defined in subdivisions (a), (b), and (c) of

HB3395- 39 -LRB100 06973 SMS 17024 b
1 Section 4 and subdivisions (a) and (b) of Section 5 of the
2 Cannabis Control Act and any offense for which the holder
3 of a license is placed on probation under the provisions of
4 Section 10 of the Cannabis Control Act, provided that if
5 the terms and conditions of probation required by the court
6 are not fulfilled, the offense is not eligible for this
7 exception.
8 (2) Any offense defined in the Illinois Controlled
9 Substances Act, except any offense for which the holder of
10 a license is placed on probation under the provisions of
11 Section 410 of the Illinois Controlled Substances Act,
12 provided that if the terms and conditions of probation
13 required by the court are not fulfilled, the offense is not
14 eligible for this exception.
15 (3) Any offense defined in the Methamphetamine Control
16 and Community Protection Act, except any offense for which
17 the holder of a license is placed on probation under the
18 provision of Section 70 of that Act, provided that if the
19 terms and conditions of probation required by the court are
20 not fulfilled, the offense is not eligible for this
21 exception.
22 (4) Any attempt to commit any of the offenses listed in
23 items (1) through (3) of this definition.
24 (5) Any offense committed or attempted in any other
25 state or against the laws of the United States that, if
26 committed or attempted in this State, would have been

HB3395- 40 -LRB100 06973 SMS 17024 b
1 punishable as one or more of the offenses listed in items
2 (1) through (4) of this definition.
3The changes made by Public Act 96-431 to this definition are
4declaratory of existing law.
5 "Sentence" includes any period of supervision or probation
6that was imposed either alone or in combination with a period
7of incarceration.
8 "Sex offense" means any one or more of the following
9offenses:
10 (A) Any offense defined in Sections 11-6, 11-9 through
11 11-9.5, inclusive, and 11-30 (if punished as a Class 4
12 felony) of the Criminal Code of 1961 or the Criminal Code
13 of 2012; Sections 11-14.1 through 11-21, inclusive, of the
14 Criminal Code of 1961 or the Criminal Code of 2012;
15 Sections 11-23 (if punished as a Class 3 felony), 11-24,
16 11-25, and 11-26 of the Criminal Code of 1961 or the
17 Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
18 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1,
19 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished
20 pursuant to subdivision (4) or (5) of subsection (d) of
21 Section 26-4) of the Criminal Code of 1961 or the Criminal
22 Code of 2012.
23 (B) Any attempt to commit any of the offenses listed in
24 item (A) of this definition.
25 (C) Any offense committed or attempted in any other
26 state that, if committed or attempted in this State, would

HB3395- 41 -LRB100 06973 SMS 17024 b
1 have been punishable as one or more of the offenses listed
2 in items (A) and (B) of this definition.
3 (b) Whenever the holder of any license issued pursuant to
4this Article or applicant for a license to be issued pursuant
5to this Article has been convicted of any drug offense, other
6than as provided in subsection (c) of this Section, the State
7Superintendent of Education shall forthwith suspend the
8license or deny the application, whichever is applicable, until
97 years following the end of the sentence for the criminal
10offense. If the conviction is reversed and the holder is
11acquitted of the offense in a new trial or the charges against
12him or her are dismissed, the State Superintendent of Education
13shall forthwith terminate the suspension of the license.
14 (c) Whenever the holder of a license issued pursuant to
15this Article or applicant for a license to be issued pursuant
16to this Article has been convicted of attempting to commit,
17conspiring to commit, soliciting, or committing any sex
18offense, first degree murder, or a Class X felony or any
19offense committed or attempted in any other state or against
20the laws of the United States that, if committed or attempted
21in this State, would have been punishable as one or more of the
22foregoing offenses, the State Superintendent of Education
23shall forthwith suspend the license or deny the application,
24whichever is applicable. If the conviction is reversed and the
25holder is acquitted of that offense in a new trial or the
26charges that he or she committed that offense are dismissed,

HB3395- 42 -LRB100 06973 SMS 17024 b
1the State Superintendent of Education shall forthwith
2terminate the suspension of the license. When the conviction
3becomes final, the State Superintendent of Education shall
4forthwith revoke the license.
5 No consideration shall be given to convictions entered
6prior to the date of the application, where the applicant has
7completed any sentence imposed for that conviction, including
8any period of mandatory supervised release.
9(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
10 Section 15. The Residential Mortgage License Act of 1987 is
11amended by changing Section 7-3 as follows:
12 (205 ILCS 635/7-3)
13 Sec. 7-3. Issuance of license. The Director shall not issue
14a mortgage loan originator license unless the Director makes at
15a minimum the following findings:
16 (1) The applicant has never had a mortgage loan originator
17license revoked in any governmental jurisdiction, except that a
18subsequent formal vacation of such revocation shall not be
19deemed a revocation.
20 (2) (Blank). The applicant has not been convicted of, or
21pled guilty or nolo contendere to, a felony in a domestic,
22foreign, or military court:
23 (A) during the 7-year period preceding the date of the
24 application for licensing and registration; or

HB3395- 43 -LRB100 06973 SMS 17024 b
1 (B) at any time preceding such date of application, if
2 such felony involved an act of fraud, dishonesty, or a
3 breach of trust, or money laundering;
4provided that any pardon of a conviction shall not be a
5conviction for purposes of this item (2).
6 (3) The applicant has demonstrated financial
7responsibility, character, and general fitness so as to command
8the confidence of the community and to warrant a determination
9that the mortgage loan originator will operate honestly,
10fairly, and efficiently within the purposes of this Act. For
11purposes of this item (3) a person has shown that he or she is
12not financially responsible when he or she has shown a
13disregard for the management of his or her own financial
14condition. A determination that an individual has not shown
15financial responsibility may include, but is not limited to,
16consideration of:
17 (A) current outstanding judgments, except judgments
18 solely as a result of medical expenses;
19 (B) current outstanding tax liens or other government
20 liens and filings, educational loan defaults, and
21 non-payment of child support;
22 (C) foreclosures within the past 3 years;
23 (D) a pattern of seriously delinquent accounts within
24 the past 3 years; and
25 (E) an independent credit report obtained under
26 Section 7-2(c)(2) of the Act; provided that, a credit score

HB3395- 44 -LRB100 06973 SMS 17024 b
1 may not be the sole basis for determining that an
2 individual has not shown financial responsibility;
3 provided further that, the credit report may be the sole
4 basis for determining that an individual has not shown
5 financial responsibility.
6 No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10 (4) The applicant has completed the pre-licensing
11education requirement described in Section 7-4 of this Act.
12 (5) The applicant has passed a written test that meets the
13test requirement described in Section 7-5 of this Act.
14 (6) The applicant has met the surety bond requirement as
15required pursuant to Section 7-12 of this Act.
16(Source: P.A. 96-112, eff. 7-31-09.)
17 Section 20. The Emergency Medical Services (EMS) Systems
18Act is amended by changing Section 3.50 as follows:
19 (210 ILCS 50/3.50)
20 Sec. 3.50. Emergency Medical Services personnel licensure
21levels.
22 (a) "Emergency Medical Technician" or "EMT" means a person
23who has successfully completed a course in basic life support
24as approved by the Department, is currently licensed by the

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1Department in accordance with standards prescribed by this Act
2and rules adopted by the Department pursuant to this Act, and
3practices within an EMS System. A valid Emergency Medical
4Technician-Basic (EMT-B) license issued under this Act shall
5continue to be valid and shall be recognized as an Emergency
6Medical Technician (EMT) license until the Emergency Medical
7Technician-Basic (EMT-B) license expires.
8 (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
9means a person who has successfully completed a course in
10intermediate life support as approved by the Department, is
11currently licensed by the Department in accordance with
12standards prescribed by this Act and rules adopted by the
13Department pursuant to this Act, and practices within an
14Intermediate or Advanced Life Support EMS System.
15 (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
16means a person who has successfully completed a course in basic
17and limited advanced emergency medical care as approved by the
18Department, is currently licensed by the Department in
19accordance with standards prescribed by this Act and rules
20adopted by the Department pursuant to this Act, and practices
21within an Intermediate or Advanced Life Support EMS System.
22 (c) "Paramedic (EMT-P)" means a person who has successfully
23completed a course in advanced life support care as approved by
24the Department, is licensed by the Department in accordance
25with standards prescribed by this Act and rules adopted by the
26Department pursuant to this Act, and practices within an

HB3395- 46 -LRB100 06973 SMS 17024 b
1Advanced Life Support EMS System. A valid Emergency Medical
2Technician-Paramedic (EMT-P) license issued under this Act
3shall continue to be valid and shall be recognized as a
4Paramedic license until the Emergency Medical
5Technician-Paramedic (EMT-P) license expires.
6 (c-5) "Emergency Medical Responder" or "EMR (First
7Responder)" means a person who has successfully completed a
8course in emergency medical response as approved by the
9Department and provides emergency medical response services
10prior to the arrival of an ambulance or specialized emergency
11medical services vehicle, in accordance with the level of care
12established by the National EMS Educational Standards
13Emergency Medical Responder course as modified by the
14Department. An Emergency Medical Responder who provides
15services as part of an EMS System response plan shall comply
16with the applicable sections of the Program Plan, as approved
17by the Department, of that EMS System. The Department shall
18have the authority to adopt rules governing the curriculum,
19practice, and necessary equipment applicable to Emergency
20Medical Responders.
21 On the effective date of this amendatory Act of the 98th
22General Assembly, a person who is licensed by the Department as
23a First Responder and has completed a Department-approved
24course in first responder defibrillator training based on, or
25equivalent to, the National EMS Educational Standards or other
26standards previously recognized by the Department shall be

HB3395- 47 -LRB100 06973 SMS 17024 b
1eligible for licensure as an Emergency Medical Responder upon
2meeting the licensure requirements and submitting an
3application to the Department. A valid First Responder license
4issued under this Act shall continue to be valid and shall be
5recognized as an Emergency Medical Responder license until the
6First Responder license expires.
7 (c-10) All EMS Systems and licensees shall be fully
8compliant with the National EMS Education Standards, as
9modified by the Department in administrative rules, within 24
10months after the adoption of the administrative rules.
11 (d) The Department shall have the authority and
12responsibility to:
13 (1) Prescribe education and training requirements,
14 which includes training in the use of epinephrine, for all
15 levels of EMS personnel except for EMRs, based on the
16 National EMS Educational Standards and any modifications
17 to those curricula specified by the Department through
18 rules adopted pursuant to this Act.
19 (2) Prescribe licensure testing requirements for all
20 levels of EMS personnel, which shall include a requirement
21 that all phases of instruction, training, and field
22 experience be completed before taking the appropriate
23 licensure examination. Candidates may elect to take the
24 appropriate National Registry examination in lieu of the
25 Department's examination, but are responsible for making
26 their own arrangements for taking the National Registry

HB3395- 48 -LRB100 06973 SMS 17024 b
1 examination. In prescribing licensure testing requirements
2 for honorably discharged members of the armed forces of the
3 United States under this paragraph (2), the Department
4 shall ensure that a candidate's military emergency medical
5 training, emergency medical curriculum completed, and
6 clinical experience, as described in paragraph (2.5), are
7 recognized.
8 (2.5) Review applications for EMS personnel licensure
9 from honorably discharged members of the armed forces of
10 the United States with military emergency medical
11 training. Applications shall be filed with the Department
12 within one year after military discharge and shall contain:
13 (i) proof of successful completion of military emergency
14 medical training; (ii) a detailed description of the
15 emergency medical curriculum completed; and (iii) a
16 detailed description of the applicant's clinical
17 experience. The Department may request additional and
18 clarifying information. The Department shall evaluate the
19 application, including the applicant's training and
20 experience, consistent with the standards set forth under
21 subsections (a), (b), (c), and (d) of Section 3.10. If the
22 application clearly demonstrates that the training and
23 experience meets such standards, the Department shall
24 offer the applicant the opportunity to successfully
25 complete a Department-approved EMS personnel examination
26 for the level of license for which the applicant is

HB3395- 49 -LRB100 06973 SMS 17024 b
1 qualified. Upon passage of an examination, the Department
2 shall issue a license, which shall be subject to all
3 provisions of this Act that are otherwise applicable to the
4 level of EMS personnel license issued.
5 (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
6 or Paramedic who have met the Department's education,
7 training and examination requirements.
8 (4) Prescribe annual continuing education and
9 relicensure requirements for all EMS personnel licensure
10 levels.
11 (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
12 A-EMT, or Paramedic every 4 years, based on their
13 compliance with continuing education and relicensure
14 requirements as required by the Department pursuant to this
15 Act. Every 4 years, a Paramedic shall have 100 hours of
16 approved continuing education, an EMT-I and an advanced EMT
17 shall have 80 hours of approved continuing education, and
18 an EMT shall have 60 hours of approved continuing
19 education. An Illinois licensed EMR, EMD, EMT, EMT-I,
20 A-EMT, Paramedic, ECRN, or PHRN whose license has been
21 expired for less than 36 months may apply for reinstatement
22 by the Department. Reinstatement shall require that the
23 applicant (i) submit satisfactory proof of completion of
24 continuing medical education and clinical requirements to
25 be prescribed by the Department in an administrative rule;
26 (ii) submit a positive recommendation from an Illinois EMS

HB3395- 50 -LRB100 06973 SMS 17024 b
1 Medical Director attesting to the applicant's
2 qualifications for retesting; and (iii) pass a Department
3 approved test for the level of EMS personnel license sought
4 to be reinstated.
5 (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
6 A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
7 standards and procedures established by the Department in
8 rules adopted pursuant to this Act.
9 (7) Charge a fee for EMS personnel examination,
10 licensure, and license renewal.
11 (8) Suspend, revoke, or refuse to issue or renew the
12 license of any licensee, after an opportunity for an
13 impartial hearing before a neutral administrative law
14 judge appointed by the Director, where the preponderance of
15 the evidence shows one or more of the following:
16 (A) The licensee has not met continuing education
17 or relicensure requirements as prescribed by the
18 Department;
19 (B) The licensee has failed to maintain
20 proficiency in the level of skills for which he or she
21 is licensed;
22 (C) The licensee, during the provision of medical
23 services, engaged in dishonorable, unethical, or
24 unprofessional conduct of a character likely to
25 deceive, defraud, or harm the public;
26 (D) The licensee has failed to maintain or has

HB3395- 51 -LRB100 06973 SMS 17024 b
1 violated standards of performance and conduct as
2 prescribed by the Department in rules adopted pursuant
3 to this Act or his or her EMS System's Program Plan;
4 (E) The licensee is physically impaired to the
5 extent that he or she cannot physically perform the
6 skills and functions for which he or she is licensed,
7 as verified by a physician, unless the person is on
8 inactive status pursuant to Department regulations;
9 (F) The licensee is mentally impaired to the extent
10 that he or she cannot exercise the appropriate
11 judgment, skill and safety for performing the
12 functions for which he or she is licensed, as verified
13 by a physician, unless the person is on inactive status
14 pursuant to Department regulations;
15 (G) The licensee has violated this Act or any rule
16 adopted by the Department pursuant to this Act; or
17 (H) The licensee has been convicted (or entered a
18 plea of guilty or nolo-contendere) by a court of
19 competent jurisdiction of a Class X, Class 1, or Class
20 2 felony in this State or an out-of-state equivalent
21 offense.
22 No consideration shall be given to convictions entered
23 prior to the date of the application, where the applicant
24 has completed any sentence imposed for that conviction,
25 including any period of mandatory supervised release.
26 (9) Prescribe education and training requirements in

HB3395- 52 -LRB100 06973 SMS 17024 b
1 the administration and use of opioid antagonists for all
2 levels of EMS personnel based on the National EMS
3 Educational Standards and any modifications to those
4 curricula specified by the Department through rules
5 adopted pursuant to this Act.
6 (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
7PHRN who is a member of the Illinois National Guard or an
8Illinois State Trooper or who exclusively serves as a volunteer
9for units of local government with a population base of less
10than 5,000 or as a volunteer for a not-for-profit organization
11that serves a service area with a population base of less than
125,000 may submit an application to the Department for a waiver
13of the fees described under paragraph (7) of subsection (d) of
14this Section on a form prescribed by the Department.
15 The education requirements prescribed by the Department
16under this Section must allow for the suspension of those
17requirements in the case of a member of the armed services or
18reserve forces of the United States or a member of the Illinois
19National Guard who is on active duty pursuant to an executive
20order of the President of the United States, an act of the
21Congress of the United States, or an order of the Governor at
22the time that the member would otherwise be required to fulfill
23a particular education requirement. Such a person must fulfill
24the education requirement within 6 months after his or her
25release from active duty.
26 (e) In the event that any rule of the Department or an EMS

HB3395- 53 -LRB100 06973 SMS 17024 b
1Medical Director that requires testing for drug use as a
2condition of the applicable EMS personnel license conflicts
3with or duplicates a provision of a collective bargaining
4agreement that requires testing for drug use, that rule shall
5not apply to any person covered by the collective bargaining
6agreement.
7(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
8eff. 8-15-14; 99-480, eff. 9-9-15.)
9 Section 25. The Title Insurance Act is amended by changing
10Section 21 as follows:
11 (215 ILCS 155/21) (from Ch. 73, par. 1421)
12 Sec. 21. Regulatory action.
13 (a) The Secretary may refuse to grant, and may suspend or
14revoke, any certificate of authority, registration, or license
15issued pursuant to this Act or may impose a fine for a
16violation of this Act if he determines that the holder of or
17applicant for such certificate, registration or license:
18 (1) has intentionally made a material misstatement or
19 fraudulent misrepresentation in relation to a matter
20 covered by this Act;
21 (2) has misappropriated or tortiously converted to its
22 own use, or illegally withheld, monies held in a fiduciary
23 capacity;
24 (3) has demonstrated untrustworthiness or incompetency

HB3395- 54 -LRB100 06973 SMS 17024 b
1 in transacting the business of guaranteeing titles to real
2 estate in such a manner as to endanger the public;
3 (4) has materially misrepresented the terms or
4 conditions of contracts or agreements to which it is a
5 party;
6 (5) has paid any commissions, discounts or any part of
7 its premiums, fees or other charges to any person in
8 violation of any State or federal law or regulations or
9 opinion letters issued under the federal Real Estate
10 Settlement Procedures Act of 1974;
11 (6) has failed to comply with the deposit and reserve
12 requirements of this Act or any other requirements of this
13 Act;
14 (7) has committed fraud or misrepresentation in
15 applying for or procuring any certificate of authority,
16 registration, or license issued pursuant to this Act;
17 (8) has a conviction or plea of guilty or plea of nolo
18 contendere in this State or any other jurisdiction to (i)
19 any felony or (ii) a misdemeanor, an essential element of
20 which is dishonesty or fraud or larceny, embezzlement, or
21 obtaining money, property, or credit by false pretenses or
22 by means of a confidence game;
23 (9) has been disciplined by another state, the District
24 of Columbia, a territory, foreign nation, a governmental
25 agency, or any entity authorized to impose discipline if at
26 least one of the grounds for that discipline is the same as

HB3395- 55 -LRB100 06973 SMS 17024 b
1 or equivalent to one of the grounds for which a title
2 insurance company, title insurance agent, or independent
3 escrowee may be disciplined under this Act or if at least
4 one of the grounds for that discipline involves dishonesty;
5 a certified copy of the record of the action by the other
6 state or jurisdiction shall be prima facie evidence
7 thereof;
8 (10) has advertising that is inaccurate, misleading,
9 or contrary to the provisions of this Act;
10 (11) has knowingly and willfully made any substantial
11 misrepresentation or untruthful advertising;
12 (12) has made any false promises of a character likely
13 to influence, persuade, or induce;
14 (13) has knowingly failed to account for or remit any
15 money or documents coming into the possession of a title
16 insurance company, title insurance agent, or independent
17 escrowee that belong to others;
18 (14) has engaged in dishonorable, unethical, or
19 unprofessional conduct of a character likely to deceive,
20 defraud, or harm the public;
21 (15) has violated the terms of a disciplinary order
22 issued by the Department;
23 (16) has disregarded or violated any provision of this
24 Act or the published rules adopted by the Department to
25 enforce this Act or has aided or abetted any individual,
26 partnership, registered limited liability partnership,

HB3395- 56 -LRB100 06973 SMS 17024 b
1 limited liability company, or corporation in disregarding
2 any provision of this Act or the published rules; or
3 (17) has acted as a title insurance company, title
4 insurance agent, or independent escrowee without a
5 certificate of authority, registration, or license after
6 the title insurance company, title insurance agent, or
7 independent escrowee's certificate of authority,
8 registration, or license was inoperative.
9 No consideration shall be given to convictions entered
10 prior to the date of the application, where the applicant
11 has completed any sentence imposed for that conviction,
12 including any period of mandatory supervised release.
13 (b) In every case where a registration or certificate is
14suspended or revoked, or an application for a registration or
15certificate or renewal thereof is refused, the Secretary shall
16serve notice of his action, including a statement of the
17reasons for his action, as provided by this Act. When a notice
18of suspension or revocation of a certificate of authority is
19given to a title insurance company, the Secretary shall also
20notify all the registered agents of that title insurance
21company of the Secretary's action.
22 (c) In the case of a refusal to issue or renew a
23certificate or accept a registration, the applicant or
24registrant may request in writing, within 30 days after the
25date of service, a hearing. In the case of a refusal to renew,
26the expiring registration or certificate shall be deemed to

HB3395- 57 -LRB100 06973 SMS 17024 b
1continue in force until 30 days after the service of the notice
2of refusal to renew, or if a hearing is requested during that
3period, until a final order is entered pursuant to such
4hearing.
5 (d) The suspension or revocation of a registration or
6certificate shall take effect upon service of notice thereof.
7The holder of any such suspended registration or certificate
8may request in writing, within 30 days of such service, a
9hearing.
10 (e) In cases of suspension or revocation of registration
11pursuant to subsection (a), the Secretary may, in the public
12interest, issue an order of suspension or revocation which
13shall take effect upon service of notification thereof. Such
14order shall become final 60 days from the date of service
15unless the registrant requests in writing, within such 60 days,
16a formal hearing thereon. In the event a hearing is requested,
17the order shall remain temporary until a final order is entered
18pursuant to such hearing.
19 (f) Hearing shall be held at such time and place as may be
20designated by the Secretary either in the City of Springfield,
21the City of Chicago, or in the county in which the principal
22business office of the affected registrant or certificate
23holder is located.
24 (g) The suspension or revocation of a registration or
25certificate or the refusal to issue or renew a registration or
26certificate shall not in any way limit or terminate the

HB3395- 58 -LRB100 06973 SMS 17024 b
1responsibilities of any registrant or certificate holder
2arising under any policy or contract of title insurance to
3which it is a party. No new contract or policy of title
4insurance may be issued, nor may any existing policy or
5contract to title insurance be renewed by any registrant or
6certificate holder during any period of suspension or
7revocation of a registration or certificate.
8 (h) The Secretary may issue a cease and desist order to a
9title insurance company, agent, or other entity doing business
10without the required license or registration, when in the
11opinion of the Secretary, the company, agent, or other entity
12is violating or is about to violate any provision of this Act
13or any law or of any rule or condition imposed in writing by
14the Department.
15 The Secretary may issue the cease and desist order without
16notice and before a hearing.
17 The Secretary shall have the authority to prescribe rules
18for the administration of this Section.
19 If it is determined that the Secretary had the authority to
20issue the cease and desist order, he may issue such orders as
21may be reasonably necessary to correct, eliminate or remedy
22such conduct.
23 Any person or company subject to an order pursuant to this
24Section is entitled to judicial review of the order in
25accordance with the provisions of the Administrative Review
26Law.

HB3395- 59 -LRB100 06973 SMS 17024 b
1 The powers vested in the Secretary by this Section are
2additional to any and all other powers and remedies vested in
3the Secretary by law, and nothing in this Section shall be
4construed as requiring that the Secretary shall employ the
5powers conferred in this Section instead of or as a condition
6precedent to the exercise of any other power or remedy vested
7in the Secretary.
8(Source: P.A. 98-398, eff. 1-1-14.)
9 Section 30. The Acupuncture Practice Act is amended by
10changing Section 110 as follows:
11 (225 ILCS 2/110)
12 (Section scheduled to be repealed on January 1, 2018)
13 Sec. 110. Grounds for disciplinary action.
14 (a) The Department may refuse to issue or to renew, place
15on probation, suspend, revoke or take other disciplinary or
16non-disciplinary action as deemed appropriate including the
17imposition of fines not to exceed $10,000 for each violation,
18as the Department may deem proper, with regard to a license for
19any one or combination of the following causes:
20 (1) Violations of the Act or its rules.
21 (2) Conviction or plea of guilty or nolo contendere of
22 any crime under the laws of the United States or any state
23 or territory thereof that is (i) a felony or (ii) a
24 misdemeanor, an essential element of which is dishonesty or

HB3395- 60 -LRB100 06973 SMS 17024 b
1 that is directly related to the practice of the profession.
2 (3) Making any misrepresentation for the purpose of
3 obtaining a license.
4 (4) Aiding or assisting another person in violating any
5 provision of this Act or its rules.
6 (5) Failing to provide information within 60 days in
7 response to a written request made by the Department which
8 has been sent by certified or registered mail to the
9 licensee's last known address.
10 (6) Discipline by another U.S. jurisdiction or foreign
11 nation, if at least one of the grounds for the discipline
12 is the same or substantially equivalent to one set forth in
13 this Section.
14 (7) Solicitation of professional services by means
15 other than permitted under this Act.
16 (8) Failure to provide a patient with a copy of his or
17 her record upon the written request of the patient.
18 (9) Gross negligence in the practice of acupuncture.
19 (10) Habitual or excessive use or addiction to alcohol,
20 narcotics, stimulants, or any other chemical agent or drug
21 that results in an acupuncturist's inability to practice
22 with reasonable judgment, skill, or safety.
23 (11) A finding that licensure has been applied for or
24 obtained by fraudulent means.
25 (12) A pattern of practice or other behavior that
26 demonstrates incapacity or incompetence to practice under

HB3395- 61 -LRB100 06973 SMS 17024 b
1 this Act.
2 (13) Being named as a perpetrator in an indicated
3 report by the Department of Children and Family Services
4 under the Abused and Neglected Child Reporting Act and upon
5 proof by clear and convincing evidence that the licensee
6 has caused a child to be an abused child or a neglected
7 child as defined in the Abused and Neglected Child
8 Reporting Act.
9 (14) Wilfully failing to report an instance of
10 suspected child abuse or neglect as required by the Abused
11 and Neglected Child Reporting Act.
12 (15) The use of any words, abbreviations, figures or
13 letters (such as Acupuncturist, Licensed Acupuncturist,
14 Certified Acupuncturist, C.A., Act., Lic. Act., or Lic.
15 Ac.) with the intention of indicating practice as a
16 licensed acupuncturist without a valid license as an
17 acupuncturist issued under this Act.
18 (16) Using claims of superior quality of care to entice
19 the public or advertising fee comparisons of available
20 services with those of other persons providing acupuncture
21 services.
22 (17) Advertising of professional services that the
23 offeror of the services is not licensed to render.
24 Advertising of professional services that contains false,
25 fraudulent, deceptive, or misleading material or
26 guarantees of success, statements that play upon the vanity

HB3395- 62 -LRB100 06973 SMS 17024 b
1 or fears of the public, or statements that promote or
2 produce unfair competition.
3 (18) Having treated ailments of human beings other than
4 by the practice of acupuncture as defined in this Act, or
5 having treated ailments of human beings as a licensed
6 acupuncturist pursuant to a referral by written order that
7 provides for management of the patient by a physician or
8 dentist without having notified the physician or dentist
9 who established the diagnosis that the patient is receiving
10 acupuncture treatment.
11 (19) Unethical, unauthorized, or unprofessional
12 conduct as defined by rule.
13 (20) Physical illness, mental illness, or other
14 impairment that results in the inability to practice the
15 profession with reasonable judgment, skill, and safety,
16 including without limitation deterioration through the
17 aging process, mental illness, or disability.
18 (21) Violation of the Health Care Worker Self-Referral
19 Act.
20 No consideration shall be given to convictions entered
21 prior to the date of the application, where the applicant
22 has completed any sentence imposed for that conviction,
23 including any period of mandatory supervised release.
24 The entry of an order by a circuit court establishing that
25any person holding a license under this Act is subject to
26involuntary admission or judicial admission as provided for in

HB3395- 63 -LRB100 06973 SMS 17024 b
1the Mental Health and Developmental Disabilities Code operates
2as an automatic suspension of that license. That person may
3have his or her license restored only upon the determination by
4a circuit court that the patient is no longer subject to
5involuntary admission or judicial admission and the issuance of
6an order so finding and discharging the patient and upon the
7Board's recommendation to the Department that the license be
8restored. Where the circumstances so indicate, the Board may
9recommend to the Department that it require an examination
10prior to restoring a suspended license.
11 The Department may refuse to issue or renew the license of
12any person who fails to (i) file a return or to pay the tax,
13penalty or interest shown in a filed return or (ii) pay any
14final assessment of the tax, penalty, or interest as required
15by any tax Act administered by the Illinois Department of
16Revenue, until the time that the requirements of that tax Act
17are satisfied.
18 In enforcing this Section, the Department or Board upon a
19showing of a possible violation may compel an individual
20licensed to practice under this Act, or who has applied for
21licensure under this Act, to submit to a mental or physical
22examination, or both, as required by and at the expense of the
23Department. The Department or Board may order the examining
24physician to present testimony concerning the mental or
25physical examination of the licensee or applicant. No
26information shall be excluded by reason of any common law or

HB3395- 64 -LRB100 06973 SMS 17024 b
1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3examining physicians shall be specifically designated by the
4Board or Department. The individual to be examined may have, at
5his or her own expense, another physician of his or her choice
6present during all aspects of this examination. Failure of an
7individual to submit to a mental or physical examination, when
8directed, shall be grounds for suspension of his or her license
9until the individual submits to the examination if the
10Department finds, after notice and hearing, that the refusal to
11submit to the examination was without reasonable cause.
12 If the Department or Board finds an individual unable to
13practice because of the reasons set forth in this Section, the
14Department or Board may require that individual to submit to
15care, counseling, or treatment by physicians approved or
16designated by the Department or Board, as a condition, term, or
17restriction for continued, reinstated, or renewed licensure to
18practice; or, in lieu of care, counseling, or treatment, the
19Department may file, or the Board may recommend to the
20Department to file, a complaint to immediately suspend, revoke,
21or otherwise discipline the license of the individual. An
22individual whose license was granted, continued, reinstated,
23renewed, disciplined or supervised subject to such terms,
24conditions, or restrictions, and who fails to comply with such
25terms, conditions, or restrictions, shall be referred to the
26Secretary for a determination as to whether the individual

HB3395- 65 -LRB100 06973 SMS 17024 b
1shall have his or her license suspended immediately, pending a
2hearing by the Department.
3 In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 30 days after
6the suspension and completed without appreciable delay. The
7Department and Board shall have the authority to review the
8subject individual's record of treatment and counseling
9regarding the impairment to the extent permitted by applicable
10federal statutes and regulations safeguarding the
11confidentiality of medical records.
12 An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department or Board that he or she can resume practice in
15compliance with acceptable and prevailing standards under the
16provisions of his or her license.
17(Source: P.A. 95-450, eff. 8-27-07.)
18 Section 35. The Illinois Athletic Trainers Practice Act is
19amended by changing Section 16 as follows:
20 (225 ILCS 5/16) (from Ch. 111, par. 7616)
21 (Section scheduled to be repealed on January 1, 2026)
22 Sec. 16. Grounds for discipline.
23 (1) The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand, or take other

HB3395- 66 -LRB100 06973 SMS 17024 b
1disciplinary action as the Department may deem proper,
2including fines not to exceed $10,000 for each violation, with
3regard to any licensee for any one or combination of the
4following:
5 (A) Material misstatement in furnishing information to
6 the Department;
7 (B) Violations of this Act, or of the rules or
8 regulations promulgated hereunder;
9 (C) Conviction of or plea of guilty to any crime under
10 the Criminal Code of 2012 or the laws of any jurisdiction
11 of the United States that is (i) a felony, (ii) a
12 misdemeanor, an essential element of which is dishonesty,
13 or (iii) of any crime that is directly related to the
14 practice of the profession;
15 (D) Fraud or any misrepresentation in applying for or
16 procuring a license under this Act, or in connection with
17 applying for renewal of a license under this Act;
18 (E) Professional incompetence or gross negligence;
19 (F) Malpractice;
20 (G) Aiding or assisting another person, firm,
21 partnership, or corporation in violating any provision of
22 this Act or rules;
23 (H) Failing, within 60 days, to provide information in
24 response to a written request made by the Department;
25 (I) Engaging in dishonorable, unethical, or
26 unprofessional conduct of a character likely to deceive,

HB3395- 67 -LRB100 06973 SMS 17024 b
1 defraud or harm the public;
2 (J) Habitual or excessive use or abuse of drugs defined
3 in law as controlled substances, alcohol, or any other
4 substance that results in the inability to practice with
5 reasonable judgment, skill, or safety;
6 (K) Discipline by another state, unit of government,
7 government agency, the District of Columbia, territory, or
8 foreign nation, if at least one of the grounds for the
9 discipline is the same or substantially equivalent to those
10 set forth herein;
11 (L) Directly or indirectly giving to or receiving from
12 any person, firm, corporation, partnership, or association
13 any fee, commission, rebate, or other form of compensation
14 for any professional services not actually or personally
15 rendered. Nothing in this subparagraph (L) affects any bona
16 fide independent contractor or employment arrangements
17 among health care professionals, health facilities, health
18 care providers, or other entities, except as otherwise
19 prohibited by law. Any employment arrangements may include
20 provisions for compensation, health insurance, pension, or
21 other employment benefits for the provision of services
22 within the scope of the licensee's practice under this Act.
23 Nothing in this subparagraph (L) shall be construed to
24 require an employment arrangement to receive professional
25 fees for services rendered;
26 (M) A finding by the Department that the licensee after

HB3395- 68 -LRB100 06973 SMS 17024 b
1 having his or her license disciplined has violated the
2 terms of probation;
3 (N) Abandonment of an athlete;
4 (O) Willfully making or filing false records or reports
5 in his or her practice, including but not limited to false
6 records filed with State agencies or departments;
7 (P) Willfully failing to report an instance of
8 suspected child abuse or neglect as required by the Abused
9 and Neglected Child Reporting Act;
10 (Q) Physical illness, including but not limited to
11 deterioration through the aging process, or loss of motor
12 skill that results in the inability to practice the
13 profession with reasonable judgment, skill, or safety;
14 (R) Solicitation of professional services other than
15 by permitted institutional policy;
16 (S) The use of any words, abbreviations, figures or
17 letters with the intention of indicating practice as an
18 athletic trainer without a valid license as an athletic
19 trainer under this Act;
20 (T) The evaluation or treatment of ailments of human
21 beings other than by the practice of athletic training as
22 defined in this Act or the treatment of injuries of
23 athletes by a licensed athletic trainer except by the
24 referral of a physician, podiatric physician, or dentist;
25 (U) Willfully violating or knowingly assisting in the
26 violation of any law of this State relating to the use of

HB3395- 69 -LRB100 06973 SMS 17024 b
1 habit-forming drugs;
2 (V) Willfully violating or knowingly assisting in the
3 violation of any law of this State relating to the practice
4 of abortion;
5 (W) Continued practice by a person knowingly having an
6 infectious communicable or contagious disease;
7 (X) Being named as a perpetrator in an indicated report
8 by the Department of Children and Family Services pursuant
9 to the Abused and Neglected Child Reporting Act and upon
10 proof by clear and convincing evidence that the licensee
11 has caused a child to be an abused child or neglected child
12 as defined in the Abused and Neglected Child Reporting Act;
13 (Y) (Blank);
14 (Z) Failure to fulfill continuing education
15 requirements;
16 (AA) Allowing one's license under this Act to be used
17 by an unlicensed person in violation of this Act;
18 (BB) Practicing under a false or, except as provided by
19 law, assumed name;
20 (CC) Promotion of the sale of drugs, devices,
21 appliances, or goods provided in any manner to exploit the
22 client for the financial gain of the licensee;
23 (DD) Gross, willful, or continued overcharging for
24 professional services;
25 (EE) Mental illness or disability that results in the
26 inability to practice under this Act with reasonable

HB3395- 70 -LRB100 06973 SMS 17024 b
1 judgment, skill, or safety; or
2 (FF) Cheating on or attempting to subvert the licensing
3 examination administered under this Act.
4 No consideration shall be given to convictions entered
5prior to the date of the application, where the applicant has
6completed any sentence imposed for that conviction, including
7any period of mandatory supervised release.
8 All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12 (2) The determination by a circuit court that a licensee is
13subject to involuntary admission or judicial admission as
14provided in the Mental Health and Developmental Disabilities
15Code operates as an automatic suspension. Such suspension will
16end only upon a finding by a court that the licensee is no
17longer subject to involuntary admission or judicial admission
18and issuance of an order so finding and discharging the
19licensee.
20 (3) The Department may refuse to issue or may suspend
21without hearing, as provided for in the Code of Civil
22Procedure, the license of any person who fails to file a
23return, to pay the tax, penalty, or interest shown in a filed
24return, or to pay any final assessment of tax, penalty, or
25interest as required by any tax Act administered by the
26Illinois Department of Revenue, until such time as the

HB3395- 71 -LRB100 06973 SMS 17024 b
1requirements of any such tax Act are satisfied in accordance
2with subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
4Illinois.
5 (4) In enforcing this Section, the Department, upon a
6showing of a possible violation, may compel any individual who
7is licensed under this Act or any individual who has applied
8for licensure to submit to a mental or physical examination or
9evaluation, or both, which may include a substance abuse or
10sexual offender evaluation, at the expense of the Department.
11The Department shall specifically designate the examining
12physician licensed to practice medicine in all of its branches
13or, if applicable, the multidisciplinary team involved in
14providing the mental or physical examination and evaluation.
15The multidisciplinary team shall be led by a physician licensed
16to practice medicine in all of its branches and may consist of
17one or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed clinical psychologists, licensed clinical
20social workers, licensed clinical professional counselors, and
21other professional and administrative staff. Any examining
22physician or member of the multidisciplinary team may require
23any person ordered to submit to an examination and evaluation
24pursuant to this Section to submit to any additional
25supplemental testing deemed necessary to complete any
26examination or evaluation process, including, but not limited

HB3395- 72 -LRB100 06973 SMS 17024 b
1to, blood testing, urinalysis, psychological testing, or
2neuropsychological testing.
3 The Department may order the examining physician or any
4member of the multidisciplinary team to provide to the
5Department any and all records, including business records,
6that relate to the examination and evaluation, including any
7supplemental testing performed. The Department may order the
8examining physician or any member of the multidisciplinary team
9to present testimony concerning this examination and
10evaluation of the licensee or applicant, including testimony
11concerning any supplemental testing or documents relating to
12the examination and evaluation. No information, report,
13record, or other documents in any way related to the
14examination and evaluation shall be excluded by reason of any
15common law or statutory privilege relating to communication
16between the licensee or applicant and the examining physician
17or any member of the multidisciplinary team. No authorization
18is necessary from the licensee or applicant ordered to undergo
19an evaluation and examination for the examining physician or
20any member of the multidisciplinary team to provide
21information, reports, records, or other documents or to provide
22any testimony regarding the examination and evaluation. The
23individual to be examined may have, at his or her own expense,
24another physician of his or her choice present during all
25aspects of the examination.
26 Failure of any individual to submit to a mental or physical

HB3395- 73 -LRB100 06973 SMS 17024 b
1examination or evaluation, or both, when directed, shall result
2in an automatic suspension without hearing, until such time as
3the individual submits to the examination. If the Department
4finds a licensee unable to practice because of the reasons set
5forth in this Section, the Department shall require the
6licensee to submit to care, counseling, or treatment by
7physicians approved or designated by the Department as a
8condition for continued, reinstated, or renewed licensure.
9 When the Secretary immediately suspends a license under
10this Section, a hearing upon such person's license must be
11convened by the Department within 15 days after the suspension
12and completed without appreciable delay. The Department shall
13have the authority to review the licensee's record of treatment
14and counseling regarding the impairment to the extent permitted
15by applicable federal statutes and regulations safeguarding
16the confidentiality of medical records.
17 Individuals licensed under this Act who are affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department that they can resume practice in compliance with
20acceptable and prevailing standards under the provisions of
21their license.
22 (5) The Department shall deny a license or renewal
23authorized by this Act to a person who has defaulted on an
24educational loan or scholarship provided or guaranteed by the
25Illinois Student Assistance Commission or any governmental
26agency of this State in accordance with paragraph (5) of

HB3395- 74 -LRB100 06973 SMS 17024 b
1subsection (a) of Section 2105-15 of the Department of
2Professional Regulation Law of the Civil Administrative Code of
3Illinois.
4 (6) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency to
8the Department, the Department may refuse to issue or renew or
9may revoke or suspend that person's license or may take other
10disciplinary action against that person based solely upon the
11certification of delinquency made by the Department of
12Healthcare and Family Services in accordance with paragraph (5)
13of subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois.
16(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)
17 Section 40. The Clinical Psychologist Licensing Act is
18amended by changing Section 15 as follows:
19 (225 ILCS 15/15) (from Ch. 111, par. 5365)
20 (Section scheduled to be repealed on January 1, 2027)
21 Sec. 15. Disciplinary action; grounds. The Department may
22refuse to issue, refuse to renew, suspend, or revoke any
23license, or may place on probation, reprimand, or take other
24disciplinary or non-disciplinary action deemed appropriate by

HB3395- 75 -LRB100 06973 SMS 17024 b
1the Department, including the imposition of fines not to exceed
2$10,000 for each violation, with regard to any license issued
3under the provisions of this Act for any one or a combination
4of the following reasons:
5 (1) Conviction of, or entry of a plea of guilty or nolo
6 contendere to, any crime that is a felony under the laws of
7 the United States or any state or territory thereof or that
8 is a misdemeanor of which an essential element is
9 dishonesty, or any crime that is directly related to the
10 practice of the profession.
11 (2) Gross negligence in the rendering of clinical
12 psychological services.
13 (3) Using fraud or making any misrepresentation in
14 applying for a license or in passing the examination
15 provided for in this Act.
16 (4) Aiding or abetting or conspiring to aid or abet a
17 person, not a clinical psychologist licensed under this
18 Act, in representing himself or herself as so licensed or
19 in applying for a license under this Act.
20 (5) Violation of any provision of this Act or the rules
21 promulgated thereunder.
22 (6) Professional connection or association with any
23 person, firm, association, partnership or corporation
24 holding himself, herself, themselves, or itself out in any
25 manner contrary to this Act.
26 (7) Unethical, unauthorized or unprofessional conduct

HB3395- 76 -LRB100 06973 SMS 17024 b
1 as defined by rule. In establishing those rules, the
2 Department shall consider, though is not bound by, the
3 ethical standards for psychologists promulgated by
4 recognized national psychology associations.
5 (8) Aiding or assisting another person in violating any
6 provisions of this Act or the rules promulgated thereunder.
7 (9) Failing to provide, within 60 days, information in
8 response to a written request made by the Department.
9 (10) Habitual or excessive use or addiction to alcohol,
10 narcotics, stimulants, or any other chemical agent or drug
11 that results in a clinical psychologist's inability to
12 practice with reasonable judgment, skill or safety.
13 (11) Discipline by another state, territory, the
14 District of Columbia or foreign country, if at least one of
15 the grounds for the discipline is the same or substantially
16 equivalent to those set forth herein.
17 (12) Directly or indirectly giving or receiving from
18 any person, firm, corporation, association or partnership
19 any fee, commission, rebate, or other form of compensation
20 for any professional service not actually or personally
21 rendered. Nothing in this paragraph (12) affects any bona
22 fide independent contractor or employment arrangements
23 among health care professionals, health facilities, health
24 care providers, or other entities, except as otherwise
25 prohibited by law. Any employment arrangements may include
26 provisions for compensation, health insurance, pension, or

HB3395- 77 -LRB100 06973 SMS 17024 b
1 other employment benefits for the provision of services
2 within the scope of the licensee's practice under this Act.
3 Nothing in this paragraph (12) shall be construed to
4 require an employment arrangement to receive professional
5 fees for services rendered.
6 (13) A finding that the licensee, after having his or
7 her license placed on probationary status has violated the
8 terms of probation.
9 (14) Willfully making or filing false records or
10 reports, including but not limited to, false records or
11 reports filed with State agencies or departments.
12 (15) Physical illness, including but not limited to,
13 deterioration through the aging process, mental illness or
14 disability that results in the inability to practice the
15 profession with reasonable judgment, skill and safety.
16 (16) Willfully failing to report an instance of
17 suspected child abuse or neglect as required by the Abused
18 and Neglected Child Reporting Act.
19 (17) Being named as a perpetrator in an indicated
20 report by the Department of Children and Family Services
21 pursuant to the Abused and Neglected Child Reporting Act,
22 and upon proof by clear and convincing evidence that the
23 licensee has caused a child to be an abused child or
24 neglected child as defined in the Abused and Neglected
25 Child Reporting Act.
26 (18) Violation of the Health Care Worker Self-Referral

HB3395- 78 -LRB100 06973 SMS 17024 b
1 Act.
2 (19) Making a material misstatement in furnishing
3 information to the Department, any other State or federal
4 agency, or any other entity.
5 (20) Failing to report to the Department any adverse
6 judgment, settlement, or award arising from a liability
7 claim related to an act or conduct similar to an act or
8 conduct that would constitute grounds for action as set
9 forth in this Section.
10 (21) Failing to report to the Department any adverse
11 final action taken against a licensee or applicant by
12 another licensing jurisdiction, including any other state
13 or territory of the United States or any foreign state or
14 country, or any peer review body, health care institution,
15 professional society or association related to the
16 profession, governmental agency, law enforcement agency,
17 or court for an act or conduct similar to an act or conduct
18 that would constitute grounds for disciplinary action as
19 set forth in this Section.
20 (22) Prescribing, selling, administering,
21 distributing, giving, or self-administering (A) any drug
22 classified as a controlled substance (designated product)
23 for other than medically accepted therapeutic purposes or
24 (B) any narcotic drug.
25 (23) Violating state or federal laws or regulations
26 relating to controlled substances, legend drugs, or

HB3395- 79 -LRB100 06973 SMS 17024 b
1 ephedra as defined in the Ephedra Prohibition Act.
2 (24) Exceeding the terms of a collaborative agreement
3 or the prescriptive authority delegated to a licensee by
4 his or her collaborating physician or established under a
5 written collaborative agreement.
6 No consideration shall be given to convictions entered
7prior to the date of the application, where the applicant has
8completed any sentence imposed for that conviction, including
9any period of mandatory supervised release.
10 The entry of an order by any circuit court establishing
11that any person holding a license under this Act is subject to
12involuntary admission or judicial admission as provided for in
13the Mental Health and Developmental Disabilities Code,
14operates as an automatic suspension of that license. That
15person may have his or her license restored only upon the
16determination by a circuit court that the patient is no longer
17subject to involuntary admission or judicial admission and the
18issuance of an order so finding and discharging the patient and
19upon the Board's recommendation to the Department that the
20license be restored. Where the circumstances so indicate, the
21Board may recommend to the Department that it require an
22examination prior to restoring any license so automatically
23suspended.
24 The Department shall refuse to issue or suspend the license
25of any person who fails to file a return, or to pay the tax,
26penalty or interest shown in a filed return, or to pay any

HB3395- 80 -LRB100 06973 SMS 17024 b
1final assessment of the tax penalty or interest, as required by
2any tax Act administered by the Illinois Department of Revenue,
3until such time as the requirements of any such tax Act are
4satisfied.
5 In enforcing this Section, the Department or Board upon a
6showing of a possible violation may compel any person licensed
7to practice under this Act, or who has applied for licensure or
8certification pursuant to this Act, to submit to a mental or
9physical examination, or both, as required by and at the
10expense of the Department. The examining physicians or clinical
11psychologists shall be those specifically designated by the
12Department. The Board or the Department may order the examining
13physician or clinical psychologist to present testimony
14concerning this mental or physical examination of the licensee
15or applicant. No information shall be excluded by reason of any
16common law or statutory privilege relating to communications
17between the licensee or applicant and the examining physician
18or clinical psychologist. The person to be examined may have,
19at his or her own expense, another physician or clinical
20psychologist of his or her choice present during all aspects of
21the examination. Failure of any person to submit to a mental or
22physical examination, when directed, shall be grounds for
23suspension of a license until the person submits to the
24examination if the Department or Board finds, after notice and
25hearing, that the refusal to submit to the examination was
26without reasonable cause.

HB3395- 81 -LRB100 06973 SMS 17024 b
1 If the Department or Board finds a person unable to
2practice because of the reasons set forth in this Section, the
3Department or Board may require that person to submit to care,
4counseling or treatment by physicians or clinical
5psychologists approved or designated by the Department, as a
6condition, term, or restriction for continued, reinstated, or
7renewed licensure to practice; or, in lieu of care, counseling
8or treatment, the Board may recommend to the Department to file
9or the Department may file a complaint to immediately suspend,
10revoke or otherwise discipline the license of the person. Any
11person whose license was granted, continued, reinstated,
12renewed, disciplined or supervised subject to such terms,
13conditions or restrictions, and who fails to comply with such
14terms, conditions or restrictions, shall be referred to the
15Secretary for a determination as to whether the person shall
16have his or her license suspended immediately, pending a
17hearing by the Board.
18 In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that person's
20license must be convened by the Board within 15 days after the
21suspension and completed without appreciable delay. The Board
22shall have the authority to review the subject person's record
23of treatment and counseling regarding the impairment, to the
24extent permitted by applicable federal statutes and
25regulations safeguarding the confidentiality of medical
26records.

HB3395- 82 -LRB100 06973 SMS 17024 b
1 A person licensed under this Act and affected under this
2Section shall be afforded an opportunity to demonstrate to the
3Board that he or she can resume practice in compliance with
4acceptable and prevailing standards under the provisions of his
5or her license.
6(Source: P.A. 98-668, eff. 6-25-14; 99-572, eff. 7-15-16.)
7 Section 45. The Clinical Social Work and Social Work
8Practice Act is amended by changing Section 19 as follows:
9 (225 ILCS 20/19) (from Ch. 111, par. 6369)
10 (Section scheduled to be repealed on January 1, 2018)
11 Sec. 19. Grounds for disciplinary action.
12 (1) The Department may refuse to issue, refuse to renew,
13suspend, or revoke any license, or may place on probation,
14censure, reprimand, or take other disciplinary or
15non-disciplinary action deemed appropriate by the Department,
16including the imposition of fines not to exceed $10,000 for
17each violation, with regard to any license issued under the
18provisions of this Act for any one or a combination of the
19following reasons:
20 (a) material misstatements of fact in furnishing
21 information to the Department or to any other State agency
22 or in furnishing information to any insurance company with
23 respect to a claim on behalf of a licensee or a patient;
24 (b) violations or negligent or intentional disregard

HB3395- 83 -LRB100 06973 SMS 17024 b
1 of this Act, or any of the rules promulgated hereunder;
2 (c) conviction of or entry of a plea of guilty or nolo
3 contendere to any crime that is a felony under the laws of
4 the United States or any state or territory thereof or that
5 is a misdemeanor, of which an essential element is
6 dishonesty, or any crime that is directly related to the
7 practice of the clinical social work or social work
8 professions;
9 (d) making any misrepresentation for the purpose of
10 obtaining licenses, or violating any provision of this Act
11 or any of the rules promulgated hereunder;
12 (e) professional incompetence;
13 (f) malpractice;
14 (g) aiding or assisting another person in violating any
15 provision of this Act or any rules;
16 (h) failing to provide information within 30 days in
17 response to a written request made by the Department;
18 (i) engaging in dishonorable, unethical or
19 unprofessional conduct of a character likely to deceive,
20 defraud or harm the public as defined by the rules of the
21 Department, or violating the rules of professional conduct
22 adopted by the Board and published by the Department;
23 (j) habitual or excessive use or addiction to alcohol,
24 narcotics, stimulants, or any other chemical agent or drug
25 that results in a clinical social worker's or social
26 worker's inability to practice with reasonable judgment,

HB3395- 84 -LRB100 06973 SMS 17024 b
1 skill, or safety;
2 (k) discipline by another jurisdiction, if at least one
3 of the grounds for the discipline is the same or
4 substantially equivalent to those set forth in this
5 Section;
6 (l) directly or indirectly giving to or receiving from
7 any person, firm, corporation, partnership, or association
8 any fee, commission, rebate or other form of compensation
9 for any professional service not actually rendered.
10 Nothing in this paragraph (l) affects any bona fide
11 independent contractor or employment arrangements among
12 health care professionals, health facilities, health care
13 providers, or other entities, except as otherwise
14 prohibited by law. Any employment arrangements may include
15 provisions for compensation, health insurance, pension, or
16 other employment benefits for the provision of services
17 within the scope of the licensee's practice under this Act.
18 Nothing in this paragraph (l) shall be construed to require
19 an employment arrangement to receive professional fees for
20 services rendered;
21 (m) a finding by the Board that the licensee, after
22 having the license placed on probationary status, has
23 violated the terms of probation;
24 (n) abandonment, without cause, of a client;
25 (o) wilfully filing false reports relating to a
26 licensee's practice, including but not limited to false

HB3395- 85 -LRB100 06973 SMS 17024 b
1 records filed with Federal or State agencies or
2 departments;
3 (p) wilfully failing to report an instance of suspected
4 child abuse or neglect as required by the Abused and
5 Neglected Child Reporting Act;
6 (q) being named as a perpetrator in an indicated report
7 by the Department of Children and Family Services under the
8 Abused and Neglected Child Reporting Act, and upon proof by
9 clear and convincing evidence that the licensee has caused
10 a child to be or failed to take reasonable steps to prevent
11 a child from being an abused child or neglected child as
12 defined in the Abused and Neglected Child Reporting Act;
13 (r) physical illness, mental illness, or any other
14 impairment or disability, including, but not limited to,
15 deterioration through the aging process, or loss of motor
16 skills that results in the inability to practice the
17 profession with reasonable judgment, skill or safety;
18 (s) solicitation of professional services by using
19 false or misleading advertising; or
20 (t) violation of the Health Care Worker Self-Referral
21 Act.
22 No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including
25any period of mandatory supervised release.
26 (2) (Blank).

HB3395- 86 -LRB100 06973 SMS 17024 b
1 (3) The determination by a court that a licensee is subject
2to involuntary admission or judicial admission as provided in
3the Mental Health and Developmental Disabilities Code, will
4result in an automatic suspension of his license. Such
5suspension will end upon a finding by a court that the licensee
6is no longer subject to involuntary admission or judicial
7admission and issues an order so finding and discharging the
8patient, and upon the recommendation of the Board to the
9Secretary that the licensee be allowed to resume professional
10practice.
11 (4) The Department may refuse to issue or renew or may
12suspend the license of a person who (i) fails to file a return,
13pay the tax, penalty, or interest shown in a filed return, or
14pay any final assessment of tax, penalty, or interest, as
15required by any tax Act administered by the Department of
16Revenue, until the requirements of the tax Act are satisfied or
17(ii) has failed to pay any court-ordered child support as
18determined by a court order or by referral from the Department
19of Healthcare and Family Services.
20 (5) In enforcing this Section, the Board upon a showing of
21a possible violation may compel a person licensed to practice
22under this Act, or who has applied for licensure or
23certification pursuant to this Act, to submit to a mental or
24physical examination, or both, as required by and at the
25expense of the Department. The examining physicians shall be
26those specifically designated by the Board. The Board or the

HB3395- 87 -LRB100 06973 SMS 17024 b
1Department may order the examining physician to present
2testimony concerning this mental or physical examination of the
3licensee or applicant. No information shall be excluded by
4reason of any common law or statutory privilege relating to
5communications between the licensee or applicant and the
6examining physician. The person to be examined may have, at his
7or her own expense, another physician of his or her choice
8present during all aspects of the examination. Failure of any
9person to submit to a mental or physical examination, when
10directed, shall be grounds for suspension of a license until
11the person submits to the examination if the Board finds, after
12notice and hearing, that the refusal to submit to the
13examination was without reasonable cause.
14 If the Board finds a person unable to practice because of
15the reasons set forth in this Section, the Board may require
16that person to submit to care, counseling, or treatment by
17physicians approved or designated by the Board, as a condition,
18term, or restriction for continued, reinstated, or renewed
19licensure to practice; or, in lieu of care, counseling or
20treatment, the Board may recommend to the Department to file a
21complaint to immediately suspend, revoke or otherwise
22discipline the license of the person. Any person whose license
23was granted, continued, reinstated, renewed, disciplined or
24supervised subject to such terms, conditions or restrictions,
25and who fails to comply with such terms, conditions, or
26restrictions, shall be referred to the Secretary for a

HB3395- 88 -LRB100 06973 SMS 17024 b
1determination as to whether the person shall have his or her
2license suspended immediately, pending a hearing by the Board.
3 In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Board within 30 days after the
6suspension and completed without appreciable delay. The Board
7shall have the authority to review the subject person's record
8of treatment and counseling regarding the impairment, to the
9extent permitted by applicable federal statutes and
10regulations safeguarding the confidentiality of medical
11records.
12 A person licensed under this Act and affected under this
13Section shall be afforded an opportunity to demonstrate to the
14Board that he or she can resume practice in compliance with
15acceptable and prevailing standards under the provisions of his
16or her license.
17(Source: P.A. 98-756, eff. 7-16-14.)
18 Section 50. The Illinois Dental Practice Act is amended by
19changing Sections 23 and 24 as follows:
20 (225 ILCS 25/23) (from Ch. 111, par. 2323)
21 (Section scheduled to be repealed on January 1, 2026)
22 Sec. 23. Refusal, revocation or suspension of dental
23licenses. The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, reprimand or take other

HB3395- 89 -LRB100 06973 SMS 17024 b
1disciplinary or non-disciplinary action as the Department may
2deem proper, including imposing fines not to exceed $10,000 per
3violation, with regard to any license for any one or any
4combination of the following causes:
5 1. Fraud or misrepresentation in applying for or
6 procuring a license under this Act, or in connection with
7 applying for renewal of a license under this Act.
8 2. Inability to practice with reasonable judgment,
9 skill, or safety as a result of habitual or excessive use
10 or addiction to alcohol, narcotics, stimulants, or any
11 other chemical agent or drug.
12 3. Willful or repeated violations of the rules of the
13 Department of Public Health or Department of Nuclear
14 Safety.
15 4. Acceptance of a fee for service as a witness,
16 without the knowledge of the court, in addition to the fee
17 allowed by the court.
18 5. Division of fees or agreeing to split or divide the
19 fees received for dental services with any person for
20 bringing or referring a patient, except in regard to
21 referral services as provided for under Section 45, or
22 assisting in the care or treatment of a patient, without
23 the knowledge of the patient or his or her legal
24 representative. Nothing in this item 5 affects any bona
25 fide independent contractor or employment arrangements
26 among health care professionals, health facilities, health

HB3395- 90 -LRB100 06973 SMS 17024 b
1 care providers, or other entities, except as otherwise
2 prohibited by law. Any employment arrangements may include
3 provisions for compensation, health insurance, pension, or
4 other employment benefits for the provision of services
5 within the scope of the licensee's practice under this Act.
6 Nothing in this item 5 shall be construed to require an
7 employment arrangement to receive professional fees for
8 services rendered.
9 6. Employing, procuring, inducing, aiding or abetting
10 a person not licensed or registered as a dentist or dental
11 hygienist to engage in the practice of dentistry or dental
12 hygiene. The person practiced upon is not an accomplice,
13 employer, procurer, inducer, aider, or abetter within the
14 meaning of this Act.
15 7. Making any misrepresentations or false promises,
16 directly or indirectly, to influence, persuade or induce
17 dental patronage.
18 8. Professional connection or association with or
19 lending his or her name to another for the illegal practice
20 of dentistry by another, or professional connection or
21 association with any person, firm or corporation holding
22 himself, herself, themselves, or itself out in any manner
23 contrary to this Act.
24 9. Obtaining or seeking to obtain practice, money, or
25 any other things of value by false or fraudulent
26 representations, but not limited to, engaging in such

HB3395- 91 -LRB100 06973 SMS 17024 b
1 fraudulent practice to defraud the medical assistance
2 program of the Department of Healthcare and Family Services
3 (formerly Department of Public Aid) under the Illinois
4 Public Aid Code.
5 10. Practicing under a false or, except as provided by
6 law, an assumed name.
7 11. Engaging in dishonorable, unethical, or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public.
10 12. Conviction by plea of guilty or nolo contendere,
11 finding of guilt, jury verdict, or entry of judgment or by
12 sentencing for any crime, including, but not limited to,
13 convictions, preceding sentences of supervision,
14 conditional discharge, or first offender probation, under
15 the laws of any jurisdiction of the United States that (i)
16 is a felony under the laws of this State or (ii) is a
17 misdemeanor, an essential element of which is dishonesty,
18 or that is directly related to the practice of dentistry.
19 13. Permitting a dental hygienist, dental assistant or
20 other person under his or her supervision to perform any
21 operation not authorized by this Act.
22 14. Permitting more than 4 dental hygienists to be
23 employed under his or her supervision at any one time.
24 15. A violation of any provision of this Act or any
25 rules promulgated under this Act.
26 16. Taking impressions for or using the services of any

HB3395- 92 -LRB100 06973 SMS 17024 b
1 person, firm or corporation violating this Act.
2 17. Violating any provision of Section 45 relating to
3 advertising.
4 18. Discipline by another U.S. jurisdiction or foreign
5 nation, if at least one of the grounds for the discipline
6 is the same or substantially equivalent to those set forth
7 within this Act.
8 19. Willfully failing to report an instance of
9 suspected child abuse or neglect as required by the Abused
10 and Neglected Child Reporting Act.
11 20. Gross negligence in practice under this Act.
12 21. The use or prescription for use of narcotics or
13 controlled substances or designated products as listed in
14 the Illinois Controlled Substances Act, in any way other
15 than for therapeutic purposes.
16 22. Willfully making or filing false records or reports
17 in his or her practice as a dentist, including, but not
18 limited to, false records to support claims against the
19 dental assistance program of the Department of Healthcare
20 and Family Services (formerly Illinois Department of
21 Public Aid).
22 23. Professional incompetence as manifested by poor
23 standards of care.
24 24. Physical or mental illness, including, but not
25 limited to, deterioration through the aging process, or
26 loss of motor skills which results in a dentist's inability

HB3395- 93 -LRB100 06973 SMS 17024 b
1 to practice dentistry with reasonable judgment, skill or
2 safety. In enforcing this paragraph, the Department may
3 compel a person licensed to practice under this Act to
4 submit to a mental or physical examination pursuant to the
5 terms and conditions of Section 23b.
6 25. Gross or repeated irregularities in billing for
7 services rendered to a patient. For purposes of this
8 paragraph 25, "irregularities in billing" shall include:
9 (a) Reporting excessive charges for the purpose of
10 obtaining a total payment in excess of that usually
11 received by the dentist for the services rendered.
12 (b) Reporting charges for services not rendered.
13 (c) Incorrectly reporting services rendered for
14 the purpose of obtaining payment not earned.
15 26. Continuing the active practice of dentistry while
16 knowingly having any infectious, communicable, or
17 contagious disease proscribed by rule or regulation of the
18 Department.
19 27. Being named as a perpetrator in an indicated report
20 by the Department of Children and Family Services pursuant
21 to the Abused and Neglected Child Reporting Act, and upon
22 proof by clear and convincing evidence that the licensee
23 has caused a child to be an abused child or neglected child
24 as defined in the Abused and Neglected Child Reporting Act.
25 28. Violating the Health Care Worker Self-Referral
26 Act.

HB3395- 94 -LRB100 06973 SMS 17024 b
1 29. Abandonment of a patient.
2 30. Mental incompetency as declared by a court of
3 competent jurisdiction.
4 31. A finding by the Department that the licensee,
5 after having his or her license placed on probationary
6 status, has violated the terms of probation.
7 32. Material misstatement in furnishing information to
8 the Department.
9 33. Failing, within 60 days, to provide information in
10 response to a written request by the Department in the
11 course of an investigation.
12 34. Immoral conduct in the commission of any act,
13 including, but not limited to, commission of an act of
14 sexual misconduct related to the licensee's practice.
15 35. Cheating on or attempting to subvert the licensing
16 examination administered under this Act.
17 36. A pattern of practice or other behavior that
18 demonstrates incapacity or incompetence to practice under
19 this Act.
20 37. Failure to establish and maintain records of
21 patient care and treatment as required under this Act.
22 38. Failure to provide copies of dental records as
23 required by law.
24 No consideration shall be given to convictions entered
25prior to the date of the application, where the applicant has
26completed any sentence imposed for that conviction, including

HB3395- 95 -LRB100 06973 SMS 17024 b
1any period of mandatory supervised release.
2 All proceedings to suspend, revoke, place on probationary
3status, or take any other disciplinary action as the Department
4may deem proper, with regard to a license on any of the
5foregoing grounds, must be commenced within 5 years after
6receipt by the Department of a complaint alleging the
7commission of or notice of the conviction order for any of the
8acts described herein. Except for fraud in procuring a license,
9no action shall be commenced more than 7 years after the date
10of the incident or act alleged to have violated this Section.
11The time during which the holder of the license was outside the
12State of Illinois shall not be included within any period of
13time limiting the commencement of disciplinary action by the
14Department.
15 All fines imposed under this Section shall be paid within
1660 days after the effective date of the order imposing the fine
17or in accordance with the terms set forth in the order imposing
18the fine.
19 The Department may refuse to issue or may suspend the
20license of any person who fails to file a return, or to pay the
21tax, penalty or interest shown in a filed return, or to pay any
22final assessment of tax, penalty or interest, as required by
23any tax Act administered by the Illinois Department of Revenue,
24until such time as the requirements of any such tax Act are
25satisfied.
26 Any dentist who has had his or her license suspended or

HB3395- 96 -LRB100 06973 SMS 17024 b
1revoked for more than 5 years must comply with the requirements
2for restoration set forth in Section 16 prior to being eligible
3for reinstatement from the suspension or revocation.
4(Source: P.A. 99-492, eff. 12-31-15.)
5 (225 ILCS 25/24) (from Ch. 111, par. 2324)
6 (Section scheduled to be repealed on January 1, 2026)
7 Sec. 24. Refusal, suspension or revocation of dental
8hygienist license. The Department may refuse to issue or renew
9or may revoke, suspend, place on probation, reprimand or take
10other disciplinary or non-disciplinary action as the
11Department may deem proper, including imposing fines not to
12exceed $10,000 per violation, with regard to any dental
13hygienist license for any one or any combination of the
14following causes:
15 1. Fraud or misrepresentation in applying for or
16 procuring a license under this Act, or in connection with
17 applying for renewal of a license under this Act.
18 2. Performing any operation not authorized by this Act.
19 3. Practicing dental hygiene other than under the
20 supervision of a licensed dentist as provided by this Act.
21 4. The wilful violation of, or the wilful procuring of,
22 or knowingly assisting in the violation of, any Act which
23 is now or which hereafter may be in force in this State
24 relating to the use of habit-forming drugs.
25 5. The obtaining of, or an attempt to obtain a license,

HB3395- 97 -LRB100 06973 SMS 17024 b
1 or practice in the profession, or money, or any other thing
2 of value by fraudulent representation.
3 6. Gross negligence in performing the operative
4 procedure of dental hygiene.
5 7. Active practice of dental hygiene while knowingly
6 having any infectious, communicable, or contagious disease
7 proscribed by rule or regulation of the Department.
8 8. Inability to practice with reasonable judgment,
9 skill, or safety as a result of habitual or excessive use
10 or addiction to alcohol, narcotics, stimulants, or any
11 other chemical agent or drug.
12 9. Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or by
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States that (i)
18 is a felony or (ii) is a misdemeanor, an essential element
19 of which is dishonesty, or that is directly related to the
20 practice of dental hygiene.
21 10. Aiding or abetting the unlicensed practice of
22 dentistry or dental hygiene.
23 11. Discipline by another U.S. jurisdiction or a
24 foreign nation, if at least one of the grounds for the
25 discipline is the same or substantially equivalent to those
26 set forth in this Act.

HB3395- 98 -LRB100 06973 SMS 17024 b
1 12. Violating the Health Care Worker Self-Referral
2 Act.
3 13. Violating the prohibitions of Section 38.1 of this
4 Act.
5 14. Engaging in dishonorable, unethical, or
6 unprofessional conduct of a character likely to deceive,
7 defraud, or harm the public.
8 15. A finding by the Department that the licensee,
9 after having his or her license placed on probationary
10 status, has violated the terms of probation.
11 16. Material misstatement in furnishing information to
12 the Department.
13 17. Failing, within 60 days, to provide information in
14 response to a written request by the Department in the
15 course of an investigation.
16 18. Immoral conduct in the commission of any act,
17 including, but not limited to, commission of an act of
18 sexual misconduct related to the licensee's practice.
19 19. Cheating on or attempting to subvert the licensing
20 examination administered under this Act.
21 20. Violations of this Act or of the rules promulgated
22 under this Act.
23 21. Practicing under a false or, except as provided by
24 law, an assumed name.
25 No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

HB3395- 99 -LRB100 06973 SMS 17024 b
1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3 The provisions of this Act relating to proceedings for the
4suspension and revocation of a license to practice dentistry
5shall apply to proceedings for the suspension or revocation of
6a license as a dental hygienist.
7 All proceedings to suspend, revoke, place on probationary
8status, or take any other disciplinary action as the Department
9may deem proper with regard to a license on any of the grounds
10contained in this Section, must be commenced within 5 years
11after receipt by the Department of a complaint alleging the
12commission of or notice of the conviction order for any of the
13acts described in this Section. Except for fraud in procuring a
14license, no action shall be commenced more than 7 years after
15the date of the incident or act alleged to have violated this
16Section. The time during which the holder of the license was
17outside the State of Illinois shall not be included within any
18period of time limiting the commencement of disciplinary action
19by the Department.
20 All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24 Any dental hygienist who has had his or her license
25suspended or revoked for more than 5 years must comply with the
26requirements for restoration set forth in Section 16 prior to

HB3395- 100 -LRB100 06973 SMS 17024 b
1being eligible for reinstatement from the suspension or
2revocation.
3(Source: P.A. 99-492, eff. 12-31-15.)
4 Section 55. The Dietitian Nutritionist Practice Act is
5amended by changing Section 95 as follows:
6 (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
7 (Section scheduled to be repealed on January 1, 2023)
8 Sec. 95. Grounds for discipline.
9 (1) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand, or take other
11disciplinary or non-disciplinary action as the Department may
12deem appropriate, including imposing fines not to exceed
13$10,000 for each violation, with regard to any license or
14certificate for any one or combination of the following causes:
15 (a) Material misstatement in furnishing information to
16 the Department.
17 (b) Violations of this Act or of rules adopted under
18 this Act.
19 (c) Conviction by plea of guilty or nolo contendere,
20 finding of guilt, jury verdict, or entry of judgment or by
21 sentencing of any crime, including, but not limited to,
22 convictions, preceding sentences of supervision,
23 conditional discharge, or first offender probation, under
24 the laws of any jurisdiction of the United States (i) that

HB3395- 101 -LRB100 06973 SMS 17024 b
1 is a felony or (ii) that is a misdemeanor, an essential
2 element of which is dishonesty, or that is directly related
3 to the practice of the profession.
4 (d) Fraud or any misrepresentation in applying for or
5 procuring a license under this Act or in connection with
6 applying for renewal of a license under this Act.
7 (e) Professional incompetence or gross negligence.
8 (f) Malpractice.
9 (g) Aiding or assisting another person in violating any
10 provision of this Act or its rules.
11 (h) Failing to provide information within 60 days in
12 response to a written request made by the Department.
13 (i) Engaging in dishonorable, unethical or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public.
16 (j) Habitual or excessive use or abuse of drugs defined
17 in law as controlled substances, alcohol, or any other
18 substance that results in the inability to practice with
19 reasonable judgment, skill, or safety.
20 (k) Discipline by another state, the District of
21 Columbia, territory, country, or governmental agency if at
22 least one of the grounds for the discipline is the same or
23 substantially equivalent to those set forth in this Act.
24 (l) Charging for professional services not rendered,
25 including filing false statements for the collection of
26 fees for which services are not rendered. Nothing in this

HB3395- 102 -LRB100 06973 SMS 17024 b
1 paragraph (1) affects any bona fide independent contractor
2 or employment arrangements among health care
3 professionals, health facilities, health care providers,
4 or other entities, except as otherwise prohibited by law.
5 Any employment arrangements may include provisions for
6 compensation, health insurance, pension, or other
7 employment benefits for the provision of services within
8 the scope of the licensee's practice under this Act.
9 Nothing in this paragraph (1) shall be construed to require
10 an employment arrangement to receive professional fees for
11 services rendered.
12 (m) A finding by the Department that the licensee,
13 after having his or her license placed on probationary
14 status, has violated the terms of probation.
15 (n) Willfully making or filing false records or reports
16 in his or her practice, including, but not limited to,
17 false records filed with State agencies or departments.
18 (o) Allowing one's license under this Act to be used by
19 an unlicensed person in violation of this Act.
20 (p) Practicing under a false or, except as provided by
21 law, an assumed name.
22 (q) Gross and willful overcharging for professional
23 services.
24 (r) (Blank).
25 (s) Willfully failing to report an instance of
26 suspected child abuse or neglect as required by the Abused

HB3395- 103 -LRB100 06973 SMS 17024 b
1 and Neglected Child Reporting Act.
2 (t) Cheating on or attempting to subvert a licensing
3 examination administered under this Act.
4 (u) Mental illness or disability that results in the
5 inability to practice under this Act with reasonable
6 judgment, skill, or safety.
7 (v) Physical illness, including, but not limited to,
8 deterioration through the aging process or loss of motor
9 skill that results in a licensee's inability to practice
10 under this Act with reasonable judgment, skill, or safety.
11 (w) Advising an individual to discontinue, reduce,
12 increase, or otherwise alter the intake of a drug
13 prescribed by a physician licensed to practice medicine in
14 all its branches or by a prescriber as defined in Section
15 102 of the Illinois Controlled Substances Act.
16 No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20 (2) The Department may refuse to issue or may suspend
21without hearing, as provided for in the Code of Civil
22Procedure, the license of any person who fails to file a
23return, or pay the tax, penalty, or interest shown in a filed
24return, or pay any final assessment of the tax, penalty, or
25interest as required by any tax Act administered by the
26Illinois Department of Revenue, until such time as the

HB3395- 104 -LRB100 06973 SMS 17024 b
1requirements of any such tax Act are satisfied in accordance
2with subsection (g) of Section 2105-15 of the Civil
3Administrative Code of Illinois.
4 (3) The Department shall deny a license or renewal
5authorized by this Act to a person who has defaulted on an
6educational loan or scholarship provided or guaranteed by the
7Illinois Student Assistance Commission or any governmental
8agency of this State in accordance with item (5) of subsection
9(a) of Section 2105-15 of the Civil Administrative Code of
10Illinois.
11 (4) In cases where the Department of Healthcare and Family
12Services has previously determined a licensee or a potential
13licensee is more than 30 days delinquent in the payment of
14child support and has subsequently certified the delinquency to
15the Department, the Department may refuse to issue or renew or
16may revoke or suspend that person's license or may take other
17disciplinary action against that person based solely upon the
18certification of delinquency made by the Department of
19Healthcare and Family Services in accordance with item (5) of
20subsection (a) of Section 2105-15 of the Civil Administrative
21Code of Illinois.
22 (5) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission, as
24provided in the Mental Health and Developmental Disabilities
25Code, operates as an automatic suspension. The suspension shall
26end only upon a finding by a court that the patient is no

HB3395- 105 -LRB100 06973 SMS 17024 b
1longer subject to involuntary admission or judicial admission
2and the issuance of an order so finding and discharging the
3patient.
4 (6) In enforcing this Act, the Department, upon a showing
5of a possible violation, may compel an individual licensed to
6practice under this Act, or who has applied for licensure under
7this Act, to submit to a mental or physical examination, or
8both, as required by and at the expense of the Department. The
9Department may order the examining physician to present
10testimony concerning the mental or physical examination of the
11licensee or applicant. No information shall be excluded by
12reason of any common law or statutory privilege relating to
13communications between the licensee or applicant and the
14examining physician. The examining physicians shall be
15specifically designated by the Department. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. The examination shall be performed by a physician
19licensed to practice medicine in all its branches. Failure of
20an individual to submit to a mental or physical examination,
21when directed, shall result in an automatic suspension without
22hearing.
23 A person holding a license under this Act or who has
24applied for a license under this Act who, because of a physical
25or mental illness or disability, including, but not limited to,
26deterioration through the aging process or loss of motor skill,

HB3395- 106 -LRB100 06973 SMS 17024 b
1is unable to practice the profession with reasonable judgment,
2skill, or safety, may be required by the Department to submit
3to care, counseling, or treatment by physicians approved or
4designated by the Department as a condition, term, or
5restriction for continued, reinstated, or renewed licensure to
6practice. Submission to care, counseling, or treatment as
7required by the Department shall not be considered discipline
8of a license. If the licensee refuses to enter into a care,
9counseling, or treatment agreement or fails to abide by the
10terms of the agreement, then the Department may file a
11complaint to revoke, suspend, or otherwise discipline the
12license of the individual. The Secretary may order the license
13suspended immediately, pending a hearing by the Department.
14Fines shall not be assessed in disciplinary actions involving
15physical or mental illness or impairment.
16 In instances in which the Secretary immediately suspends a
17person's license under this Section, a hearing on that person's
18license must be convened by the Department within 15 days after
19the suspension and completed without appreciable delay. The
20Department shall have the authority to review the subject
21individual's record of treatment and counseling regarding the
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25 An individual licensed under this Act and affected under
26this Section shall be afforded an opportunity to demonstrate to

HB3395- 107 -LRB100 06973 SMS 17024 b
1the Department that he or she can resume practice in compliance
2with acceptable and prevailing standards under the provisions
3of his or her license.
4(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
598-756, eff. 7-16-14.)
6 Section 60. The Environmental Health Practitioner
7Licensing Act is amended by changing Section 35 as follows:
8 (225 ILCS 37/35)
9 (Section scheduled to be repealed on January 1, 2019)
10 Sec. 35. Grounds for discipline.
11 (a) The Department may refuse to issue or renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary action with regard to any license issued under
14this Act as the Department may consider proper, including the
15imposition of fines not to exceed $5,000 for each violation,
16for any one or combination of the following causes:
17 (1) Material misstatement in furnishing information to
18 the Department.
19 (2) Violations of this Act or its rules.
20 (3) Conviction of any felony under the laws of any U.S.
21 jurisdiction, any misdemeanor an essential element of
22 which is dishonesty, or any crime that is directly related
23 to the practice of the profession.
24 (4) Making any misrepresentation for the purpose of

HB3395- 108 -LRB100 06973 SMS 17024 b
1 obtaining a certificate of registration.
2 (5) Professional incompetence.
3 (6) Aiding or assisting another person in violating any
4 provision of this Act or its rules.
5 (7) Failing to provide information within 60 days in
6 response to a written request made by the Department.
7 (8) Engaging in dishonorable, unethical, or
8 unprofessional conduct of a character likely to deceive,
9 defraud, or harm the public as defined by rules of the
10 Department.
11 (9) Habitual or excessive use or addiction to alcohol,
12 narcotics, stimulants, or any other chemical agent or drug
13 that results in an environmental health practitioner's
14 inability to practice with reasonable judgment, skill, or
15 safety.
16 (10) Discipline by another U.S. jurisdiction or
17 foreign nation, if at least one of the grounds for a
18 discipline is the same or substantially equivalent to those
19 set forth in this Act.
20 (11) A finding by the Department that the registrant,
21 after having his or her license placed on probationary
22 status, has violated the terms of probation.
23 (12) Willfully making or filing false records or
24 reports in his or her practice, including, but not limited
25 to, false records filed with State agencies or departments.
26 (13) Physical illness, including, but not limited to,

HB3395- 109 -LRB100 06973 SMS 17024 b
1 deterioration through the aging process or loss of motor
2 skills that result in the inability to practice the
3 profession with reasonable judgment, skill, or safety.
4 (14) Failure to comply with rules promulgated by the
5 Illinois Department of Public Health or other State
6 agencies related to the practice of environmental health.
7 (15) The Department shall deny any application for a
8 license or renewal of a license under this Act, without
9 hearing, to a person who has defaulted on an educational
10 loan guaranteed by the Illinois Student Assistance
11 Commission; however, the Department may issue a license or
12 renewal of a license if the person in default has
13 established a satisfactory repayment record as determined
14 by the Illinois Student Assistance Commission.
15 (16) Solicitation of professional services by using
16 false or misleading advertising.
17 (17) A finding that the license has been applied for or
18 obtained by fraudulent means.
19 (18) Practicing or attempting to practice under a name
20 other than the full name as shown on the license or any
21 other legally authorized name.
22 (19) Gross overcharging for professional services
23 including filing statements for collection of fees or
24 moneys for which services are not rendered.
25 No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

HB3395- 110 -LRB100 06973 SMS 17024 b
1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3 (b) The Department may refuse to issue or may suspend the
4license of any person who fails to (i) file a return, (ii) pay
5the tax, penalty, or interest shown in a filed return; or (iii)
6pay any final assessment of the tax, penalty, or interest as
7required by any tax Act administered by the Illinois Department
8of Revenue until the requirements of the tax Act are satisfied.
9 (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission to a
11mental health facility as provided in the Mental Health and
12Developmental Disabilities Code operates as an automatic
13suspension. The suspension may end only upon a finding by a
14court that the licensee is no longer subject to involuntary
15admission or judicial admission, the issuance of an order so
16finding and discharging the patient, and the recommendation of
17the Board to the Director that the licensee be allowed to
18resume practice.
19 (d) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel any person licensed
21to practice under this Act or who has applied for licensure or
22certification pursuant to this Act to submit to a mental or
23physical examination, or both, as required by and at the
24expense of the Department. The examining physicians shall be
25those specifically designated by the Department. The
26Department may order the examining physician to present

HB3395- 111 -LRB100 06973 SMS 17024 b
1testimony concerning this mental or physical examination of the
2licensee or applicant. No information shall be excluded by
3reason of any common law or statutory privilege relating to
4communications between the licensee or applicant and the
5examining physician. The person to be examined may have, at his
6or her own expense, another physician of his or her choice
7present during all aspects of the examination. Failure of any
8person to submit to a mental or physical examination, when
9directed, shall be grounds for suspension of a license until
10the person submits to the examination if the Department finds,
11after notice and hearing, that the refusal to submit to the
12examination was without reasonable cause.
13 If the Department finds an individual unable to practice
14because of the reasons set forth in this Section, the
15Department may require that individual to submit to care,
16counseling, or treatment by physicians approved or designated
17by the Department, as a condition, term, or restriction for
18continued, reinstated, or renewed licensure to practice or, in
19lieu of care, counseling, or treatment, the Department may file
20a complaint to immediately suspend, revoke, or otherwise
21discipline the license of the individual.
22 Any person whose license was granted, continued,
23reinstated, renewed, disciplined, or supervised subject to
24such terms, conditions, or restrictions and who fails to comply
25with such terms, conditions, or restrictions shall be referred
26to the Director for a determination as to whether the person

HB3395- 112 -LRB100 06973 SMS 17024 b
1shall have his or her license suspended immediately, pending a
2hearing by the Department.
3 In instances in which the Director immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 15 days after
6the suspension and completed without appreciable delay. The
7Department shall have the authority to review the subject
8person's record of treatment and counseling regarding the
9impairment, to the extent permitted by applicable federal
10statutes and regulations safeguarding the confidentiality of
11medical records.
12 A person licensed under this Act and affected under this
13Section shall be afforded an opportunity to demonstrate to the
14Department that he or she can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of his or her license.
17(Source: P.A. 92-837, eff. 8-22-02.)
18 Section 65. The Funeral Directors and Embalmers Licensing
19Code is amended by changing Section 15-75 as follows:
20 (225 ILCS 41/15-75)
21 (Section scheduled to be repealed on January 1, 2023)
22 Sec. 15-75. Violations; grounds for discipline; penalties.
23 (a) Each of the following acts is a Class A misdemeanor for
24the first offense, and a Class 4 felony for each subsequent

HB3395- 113 -LRB100 06973 SMS 17024 b
1offense. These penalties shall also apply to unlicensed owners
2of funeral homes.
3 (1) Practicing the profession of funeral directing and
4 embalming or funeral directing, or attempting to practice
5 the profession of funeral directing and embalming or
6 funeral directing without a license as a funeral director
7 and embalmer or funeral director.
8 (2) Serving or attempting to serve as an intern under a
9 licensed funeral director and embalmer without a license as
10 a licensed funeral director and embalmer intern.
11 (3) Obtaining or attempting to obtain a license,
12 practice or business, or any other thing of value, by fraud
13 or misrepresentation.
14 (4) Permitting any person in one's employ, under one's
15 control or in or under one's service to serve as a funeral
16 director and embalmer, funeral director, or funeral
17 director and embalmer intern when the person does not have
18 the appropriate license.
19 (5) Failing to display a license as required by this
20 Code.
21 (6) Giving false information or making a false oath or
22 affidavit required by this Code.
23 (b) The Department may refuse to issue or renew, revoke,
24suspend, place on probation or administrative supervision,
25reprimand, or take other disciplinary or non-disciplinary
26action as the Department may deem appropriate, including

HB3395- 114 -LRB100 06973 SMS 17024 b
1imposing fines not to exceed $10,000 for each violation, with
2regard to any license under the Code for any one or combination
3of the following:
4 (1) Fraud or any misrepresentation in applying for or
5 procuring a license under this Code or in connection with
6 applying for renewal of a license under this Code.
7 (2) For licenses, conviction by plea of guilty or nolo
8 contendere, finding of guilt, jury verdict, or entry of
9 judgment or by sentencing of any crime, including, but not
10 limited to, convictions, preceding sentences of
11 supervision, conditional discharge, or first offender
12 probation, under the laws of any jurisdiction of the United
13 States: (i) that is a felony or (ii) that is a misdemeanor,
14 an essential element of which is dishonesty, or that is
15 directly related to the practice of the profession and, for
16 initial applicants, convictions set forth in Section 15-72
17 of this Act.
18 (3) Violation of the laws of this State relating to the
19 funeral, burial or disposition of deceased human bodies or
20 of the rules and regulations of the Department, or the
21 Department of Public Health.
22 (4) Directly or indirectly paying or causing to be paid
23 any sum of money or other valuable consideration for the
24 securing of business or for obtaining authority to dispose
25 of any deceased human body.
26 (5) Professional incompetence, gross negligence,

HB3395- 115 -LRB100 06973 SMS 17024 b
1 malpractice, or untrustworthiness in the practice of
2 funeral directing and embalming or funeral directing.
3 (6) (Blank).
4 (7) Engaging in, promoting, selling, or issuing burial
5 contracts, burial certificates, or burial insurance
6 policies in connection with the profession as a funeral
7 director and embalmer, funeral director, or funeral
8 director and embalmer intern in violation of any laws of
9 the State of Illinois.
10 (8) Refusing, without cause, to surrender the custody
11 of a deceased human body upon the proper request of the
12 person or persons lawfully entitled to the custody of the
13 body.
14 (9) Taking undue advantage of a client or clients as to
15 amount to the perpetration of fraud.
16 (10) Engaging in funeral directing and embalming or
17 funeral directing without a license.
18 (11) Encouraging, requesting, or suggesting by a
19 licensee or some person working on his behalf and with his
20 consent for compensation that a person utilize the services
21 of a certain funeral director and embalmer, funeral
22 director, or funeral establishment unless that information
23 has been expressly requested by the person. This does not
24 prohibit general advertising or pre-need solicitation.
25 (12) Making or causing to be made any false or
26 misleading statements about the laws concerning the

HB3395- 116 -LRB100 06973 SMS 17024 b
1 disposition of human remains, including, but not limited
2 to, the need to embalm, the need for a casket for cremation
3 or the need for an outer burial container.
4 (13) (Blank).
5 (14) Embalming or attempting to embalm a deceased human
6 body without express prior authorization of the person
7 responsible for making the funeral arrangements for the
8 body. This does not apply to cases where embalming is
9 directed by local authorities who have jurisdiction or when
10 embalming is required by State or local law. A licensee may
11 embalm without express prior authorization if a good faith
12 effort has been made to contact family members and has been
13 unsuccessful and the licensee has no reason to believe the
14 family opposes embalming.
15 (15) Making a false statement on a Certificate of Death
16 where the person making the statement knew or should have
17 known that the statement was false.
18 (16) Soliciting human bodies after death or while death
19 is imminent.
20 (17) Performing any act or practice that is a violation
21 of this Code, the rules for the administration of this
22 Code, or any federal, State or local laws, rules, or
23 regulations governing the practice of funeral directing or
24 embalming.
25 (18) Performing any act or practice that is a violation
26 of Section 2 of the Consumer Fraud and Deceptive Business

HB3395- 117 -LRB100 06973 SMS 17024 b
1 Practices Act.
2 (19) Engaging in dishonorable, unethical, or
3 unprofessional conduct of a character likely to deceive,
4 defraud or harm the public.
5 (20) Taking possession of a dead human body without
6 having first obtained express permission from the person
7 holding the right to control the disposition in accordance
8 with Section 5 of the Disposition of Remains Act or a
9 public agency legally authorized to direct, control or
10 permit the removal of deceased human bodies.
11 (21) Advertising in a false or misleading manner or
12 advertising using the name of an unlicensed person in
13 connection with any service being rendered in the practice
14 of funeral directing or funeral directing and embalming.
15 The use of any name of an unlicensed or unregistered person
16 in an advertisement so as to imply that the person will
17 perform services is considered misleading advertising.
18 Nothing in this paragraph shall prevent including the name
19 of any owner, officer or corporate director of a funeral
20 home, who is not a licensee, in any advertisement used by a
21 funeral home with which the individual is affiliated, if
22 the advertisement specifies the individual's affiliation
23 with the funeral home.
24 (22) Charging for professional services not rendered,
25 including filing false statements for the collection of
26 fees for which services are not rendered.

HB3395- 118 -LRB100 06973 SMS 17024 b
1 (23) Failing to account for or remit any monies,
2 documents, or personal property that belongs to others that
3 comes into a licensee's possession.
4 (24) Treating any person differently to his detriment
5 because of race, color, creed, gender, religion, or
6 national origin.
7 (25) Knowingly making any false statements, oral or
8 otherwise, of a character likely to influence, persuade or
9 induce others in the course of performing professional
10 services or activities.
11 (26) Willfully making or filing false records or
12 reports in the practice of funeral directing and embalming,
13 including, but not limited to, false records filed with
14 State agencies or departments.
15 (27) Failing to acquire continuing education required
16 under this Code.
17 (28) (Blank).
18 (29) Aiding or assisting another person in violating
19 any provision of this Code or rules adopted pursuant to
20 this Code.
21 (30) Failing within 10 days, to provide information in
22 response to a written request made by the Department.
23 (31) Discipline by another state, District of
24 Columbia, territory, foreign nation, or governmental
25 agency, if at least one of the grounds for the discipline
26 is the same or substantially equivalent to those set forth

HB3395- 119 -LRB100 06973 SMS 17024 b
1 in this Section.
2 (32) (Blank).
3 (33) Mental illness or disability which results in the
4 inability to practice the profession with reasonable
5 judgment, skill, or safety.
6 (34) Gross, willful, or continued overcharging for
7 professional services, including filing false statements
8 for collection of fees for which services are not rendered.
9 (35) Physical illness, including, but not limited to,
10 deterioration through the aging process or loss of motor
11 skill which results in a licensee's inability to practice
12 under this Code with reasonable judgment, skill, or safety.
13 (36) Failing to comply with any of the following
14 required activities:
15 (A) When reasonably possible, a funeral director
16 licensee or funeral director and embalmer licensee or
17 anyone acting on his or her behalf shall obtain the
18 express authorization of the person or persons
19 responsible for making the funeral arrangements for a
20 deceased human body prior to removing a body from the
21 place of death or any place it may be or embalming or
22 attempting to embalm a deceased human body, unless
23 required by State or local law. This requirement is
24 waived whenever removal or embalming is directed by
25 local authorities who have jurisdiction. If the
26 responsibility for the handling of the remains

HB3395- 120 -LRB100 06973 SMS 17024 b
1 lawfully falls under the jurisdiction of a public
2 agency, then the regulations of the public agency shall
3 prevail.
4 (B) A licensee shall clearly mark the price of any
5 casket offered for sale or the price of any service
6 using the casket on or in the casket if the casket is
7 displayed at the funeral establishment. If the casket
8 is displayed at any other location, regardless of
9 whether the licensee is in control of that location,
10 the casket shall be clearly marked and the registrant
11 shall use books, catalogues, brochures, or other
12 printed display aids to show the price of each casket
13 or service.
14 (C) At the time funeral arrangements are made and
15 prior to rendering the funeral services, a licensee
16 shall furnish a written statement of services to be
17 retained by the person or persons making the funeral
18 arrangements, signed by both parties, that shall
19 contain: (i) the name, address and telephone number of
20 the funeral establishment and the date on which the
21 arrangements were made; (ii) the price of the service
22 selected and the services and merchandise included for
23 that price; (iii) a clear disclosure that the person or
24 persons making the arrangement may decline and receive
25 credit for any service or merchandise not desired and
26 not required by law or the funeral director or the

HB3395- 121 -LRB100 06973 SMS 17024 b
1 funeral director and embalmer; (iv) the supplemental
2 items of service and merchandise requested and the
3 price of each item; (v) the terms or method of payment
4 agreed upon; and (vi) a statement as to any monetary
5 advances made by the registrant on behalf of the
6 family. The licensee shall maintain a copy of the
7 written statement of services in its permanent
8 records. All written statements of services are
9 subject to inspection by the Department.
10 (D) In all instances where the place of final
11 disposition of a deceased human body or the cremated
12 remains of a deceased human body is a cemetery, the
13 licensed funeral director and embalmer, or licensed
14 funeral director, who has been engaged to provide
15 funeral or embalming services shall remain at the
16 cemetery and personally witness the placement of the
17 human remains in their designated grave or the sealing
18 of the above ground depository, crypt, or urn. The
19 licensed funeral director or licensed funeral director
20 and embalmer may designate a licensed funeral director
21 and embalmer intern or representative of the funeral
22 home to be his or her witness to the placement of the
23 remains. If the cemetery authority, cemetery manager,
24 or any other agent of the cemetery takes any action
25 that prevents compliance with this paragraph (D), then
26 the funeral director and embalmer or funeral director

HB3395- 122 -LRB100 06973 SMS 17024 b
1 shall provide written notice to the Department within 5
2 business days after failing to comply. If the
3 Department receives this notice, then the Department
4 shall not take any disciplinary action against the
5 funeral director and embalmer or funeral director for a
6 violation of this paragraph (D) unless the Department
7 finds that the cemetery authority, manager, or any
8 other agent of the cemetery did not prevent the funeral
9 director and embalmer or funeral director from
10 complying with this paragraph (D) as claimed in the
11 written notice.
12 (E) A funeral director or funeral director and
13 embalmer shall fully complete the portion of the
14 Certificate of Death under the responsibility of the
15 funeral director or funeral director and embalmer and
16 provide all required information. In the event that any
17 reported information subsequently changes or proves
18 incorrect, a funeral director or funeral director and
19 embalmer shall immediately upon learning the correct
20 information correct the Certificate of Death.
21 (37) A finding by the Department that the licensee
22 license, after having his or her license placed on
23 probationary status or subjected to conditions or
24 restrictions, violated the terms of the probation or failed
25 to comply with such terms or conditions.
26 (38) (Blank).

HB3395- 123 -LRB100 06973 SMS 17024 b
1 (39) Being named as a perpetrator in an indicated
2 report by the Department of Children and Family Services
3 pursuant to the Abused and Neglected Child Reporting Act
4 and, upon proof by clear and convincing evidence, being
5 found to have caused a child to be an abused child or
6 neglected child as defined in the Abused and Neglected
7 Child Reporting Act.
8 (40) Habitual or excessive use or abuse of drugs
9 defined in law as controlled substances, alcohol, or any
10 other substance which results in the inability to practice
11 with reasonable judgment, skill, or safety.
12 (41) Practicing under a false or, except as provided by
13 law, an assumed name.
14 (42) Cheating on or attempting to subvert the licensing
15 examination administered under this Code.
16 No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20 (c) The Department may refuse to issue or renew or may
21suspend without a hearing, as provided for in the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois, the license of any person who fails to file a return,
24to pay the tax, penalty or interest shown in a filed return, or
25to pay any final assessment of tax, penalty or interest as
26required by any tax Act administered by the Illinois Department

HB3395- 124 -LRB100 06973 SMS 17024 b
1of Revenue, until the time as the requirements of the tax Act
2are satisfied in accordance with subsection (g) of Section
32105-15 of the Department of Professional Regulation Law of the
4Civil Administrative Code of Illinois.
5 (d) No action may be taken under this Code against a person
6licensed under this Code unless the action is commenced within
75 years after the occurrence of the alleged violations. A
8continuing violation shall be deemed to have occurred on the
9date when the circumstances last existed that give rise to the
10alleged violation.
11 (e) Nothing in this Section shall be construed or enforced
12to give a funeral director and embalmer, or his or her
13designees, authority over the operation of a cemetery or over
14cemetery employees. Nothing in this Section shall be construed
15or enforced to impose duties or penalties on cemeteries with
16respect to the timing of the placement of human remains in
17their designated grave or the sealing of the above ground
18depository, crypt, or urn due to patron safety, the allocation
19of cemetery staffing, liability insurance, a collective
20bargaining agreement, or other such reasons.
21 (f) All fines imposed under this Section shall be paid 60
22days after the effective date of the order imposing the fine.
23 (g) The Department shall deny a license or renewal
24authorized by this Code to a person who has defaulted on an
25educational loan or scholarship provided or guaranteed by the
26Illinois Student Assistance Commission or any governmental

HB3395- 125 -LRB100 06973 SMS 17024 b
1agency of this State in accordance with item (5) of subsection
2(a) of Section 2105-15 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois.
4 (h) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency to
8the Department, the Department may refuse to issue or renew or
9may revoke or suspend that person's license or may take other
10disciplinary action against that person based solely upon the
11certification of delinquency made by the Department of
12Healthcare and Family Services in accordance with item (5) of
13subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois.
16 (i) A person not licensed under this Code who is an owner
17of a funeral establishment or funeral business shall not aid,
18abet, assist, procure, advise, employ, or contract with any
19unlicensed person to offer funeral services or aid, abet,
20assist, or direct any licensed person contrary to or in
21violation of any rules or provisions of this Code. A person
22violating this subsection shall be treated as a licensee for
23the purposes of disciplinary action under this Section and
24shall be subject to cease and desist orders as provided in this
25Code, the imposition of a fine up to $10,000 for each violation
26and any other penalty provided by law.

HB3395- 126 -LRB100 06973 SMS 17024 b
1 (j) The determination by a circuit court that a licensee is
2subject to involuntary admission or judicial admission as
3provided in the Mental Health and Developmental Disabilities
4Code, as amended, operates as an automatic suspension. The
5suspension may end only upon a finding by a court that the
6licensee is no longer subject to the involuntary admission or
7judicial admission and issues an order so finding and
8discharging the licensee, and upon the recommendation of the
9Board to the Secretary that the licensee be allowed to resume
10his or her practice.
11 (k) In enforcing this Code, the Department, upon a showing
12of a possible violation, may compel an individual licensed to
13practice under this Code, or who has applied for licensure
14under this Code, to submit to a mental or physical examination,
15or both, as required by and at the expense of the Department.
16The Department may order the examining physician to present
17testimony concerning the mental or physical examination of the
18licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communications between the licensee or applicant and the
21examining physician. The examining physician shall be
22specifically designated by the Department. The individual to be
23examined may have, at his or her own expense, another physician
24of his or her choice present during all aspects of this
25examination. The examination shall be performed by a physician
26licensed to practice medicine in all its branches. Failure of

HB3395- 127 -LRB100 06973 SMS 17024 b
1an individual to submit to a mental or physical examination,
2when directed, shall result in an automatic suspension without
3hearing.
4 A person holding a license under this Code or who has
5applied for a license under this Code who, because of a
6physical or mental illness or disability, including, but not
7limited to, deterioration through the aging process or loss of
8motor skill, is unable to practice the profession with
9reasonable judgment, skill, or safety, may be required by the
10Department to submit to care, counseling, or treatment by
11physicians approved or designated by the Department as a
12condition, term, or restriction for continued, reinstated, or
13renewed licensure to practice. Submission to care, counseling,
14or treatment as required by the Department shall not be
15considered discipline of a license. If the licensee refuses to
16enter into a care, counseling, or treatment agreement or fails
17to abide by the terms of the agreement, the Department may file
18a complaint to revoke, suspend, or otherwise discipline the
19license of the individual. The Secretary may order the license
20suspended immediately, pending a hearing by the Department.
21Fines shall not be assessed in disciplinary actions involving
22physical or mental illness or impairment.
23 In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that person's
25license must be convened by the Department within 15 days after
26the suspension and completed without appreciable delay. The

HB3395- 128 -LRB100 06973 SMS 17024 b
1Department shall have the authority to review the subject
2individual's record of treatment and counseling regarding the
3impairment to the extent permitted by applicable federal
4statutes and regulations safeguarding the confidentiality of
5medical records.
6 An individual licensed under this Code and affected under
7this Section shall be afforded an opportunity to demonstrate to
8the Department that he or she can resume practice in compliance
9with acceptable and prevailing standards under the provisions
10of his or her license.
11(Source: P.A. 98-756, eff. 7-16-14; 99-876, eff. 1-1-17;
12revised 10-27-16.)
13 (225 ILCS 46/25 rep.)
14 Section 70. The Health Care Worker Background Check Act is
15amended by repealing Section 25.
16 Section 75. The Hearing Instrument Consumer Protection Act
17is amended by changing Section 18 as follows:
18 (225 ILCS 50/18) (from Ch. 111, par. 7418)
19 (Section scheduled to be repealed on January 1, 2026)
20 Sec. 18. Discipline by the Department. The Department may
21refuse to issue or renew a license or it may revoke, suspend,
22place on probation, censure, fine, or reprimand a licensee for
23any of the following:

HB3395- 129 -LRB100 06973 SMS 17024 b
1 (a) Material misstatement in furnishing information to
2 the Department or to any other State or federal agency.
3 (b) Violations of this Act, or the rules promulgated
4 hereunder.
5 (c) Conviction of any crime under the laws of the
6 United States or any state or territory thereof which is a
7 felony or misdemeanor, an essential element of dishonesty,
8 or of any crime which is directly related to the practice
9 of the profession.
10 (d) Making any misrepresentation for the purpose of
11 obtaining a license or renewing a license, including
12 falsification of the continuing education requirement.
13 (e) Professional incompetence.
14 (f) Malpractice.
15 (g) Aiding or assisting another person in violating any
16 provision of this Act or the rules promulgated hereunder.
17 (h) Failing, within 30 days, to provide in writing
18 information in response to a written request made by the
19 Department.
20 (i) Engaging in dishonorable, unethical, or
21 unprofessional conduct which is likely to deceive,
22 defraud, or harm the public.
23 (j) Knowingly employing, directly or indirectly, any
24 suspended or unlicensed person to perform any services
25 covered by this Act.
26 (k) Habitual intoxication or addiction to the use of

HB3395- 130 -LRB100 06973 SMS 17024 b
1 drugs.
2 (l) Discipline by another state, the District of
3 Columbia, territory, or a foreign nation, if at least one
4 of the grounds for the discipline is the same or
5 substantially equivalent to those set forth herein.
6 (m) Directly or indirectly giving to or receiving from
7 any person, firm, corporation, partnership, or association
8 any fee, commission, rebate, or other form of compensation
9 for any service not actually rendered. Nothing in this
10 paragraph (m) affects any bona fide independent contractor
11 or employment arrangements among health care
12 professionals, health facilities, health care providers,
13 or other entities, except as otherwise prohibited by law.
14 Any employment arrangements may include provisions for
15 compensation, health insurance, pension, or other
16 employment benefits for the provision of services within
17 the scope of the licensee's practice under this Act.
18 Nothing in this paragraph (m) shall be construed to require
19 an employment arrangement to receive professional fees for
20 services rendered.
21 (n) A finding by the Board that the licensee, after
22 having his or her license placed on probationary status,
23 has violated the terms of or probation.
24 (o) Willfully making or filing false records or
25 reports.
26 (p) Willfully failing to report an instance of

HB3395- 131 -LRB100 06973 SMS 17024 b
1 suspected child abuse or neglect as required by the Abused
2 and Neglected Child Reporting Act.
3 (q) Physical illness, including, but not limited to,
4 deterioration through the aging process, or loss of motor
5 skill which results in the inability to practice the
6 profession with reasonable judgement, skill or safety.
7 (r) Solicitation of services or products by
8 advertising that is false or misleading. An advertisement
9 is false or misleading if it:
10 (1) contains an intentional misrepresentation of
11 fact;
12 (2) contains a false statement as to the licensee's
13 professional achievements, education, skills, or
14 qualifications in the hearing instrument dispensing
15 profession;
16 (3) makes a partial disclosure of a relevant fact,
17 including:
18 (i) the advertisement of a discounted price of
19 an item without identifying in the advertisement
20 or at the location of the item either the specific
21 product being offered at the discounted price or
22 the usual price of the item; and
23 (ii) the advertisement of the price of a
24 specifically identified hearing instrument if more
25 than one hearing instrument appears in the same
26 advertisement without an accompanying price;

HB3395- 132 -LRB100 06973 SMS 17024 b
1 (4) contains a representation that a product
2 innovation is new when, in fact, the product was first
3 offered by the manufacturer to the general public in
4 this State not less than 12 months before the date of
5 the advertisement;
6 (5) contains any other representation, statement,
7 or claim that is inherently misleading or deceptive; or
8 (6) contains information that the licensee
9 manufactures hearing instruments at the licensee's
10 office location unless the following statement
11 includes a statement disclosing that the instruments
12 are manufactured by a specified manufacturer and
13 assembled by the licensee.
14 (s) Participating in subterfuge or misrepresentation
15 in the fitting or servicing of a hearing instrument.
16 (t) (Blank).
17 (u) Representing that the service of a licensed
18 physician or other health professional will be used or made
19 available in the fitting, adjustment, maintenance, or
20 repair of hearing instruments when that is not true, or
21 using the words "doctor", "audiologist", "clinic",
22 "Clinical Audiologist", "Certified Hearing Aid
23 Audiologist", "State Licensed", "State Certified",
24 "Hearing Care Professional", "Licensed Hearing Instrument
25 Dispenser", "Licensed Hearing Aid Dispenser", "Board
26 Certified Hearing Instrument Specialist", "Hearing

HB3395- 133 -LRB100 06973 SMS 17024 b
1 Instrument Specialist", "Licensed Audiologist", or any
2 other term, abbreviation, or symbol which would give the
3 impression that service is being provided by persons who
4 are licensed or awarded a degree or title, or that the
5 person's service who is holding the license has been
6 recommended by a governmental agency or health provider,
7 when such is not the case.
8 (v) Advertising a manufacturer's product or using a
9 manufacturer's name or trademark implying a relationship
10 which does not exist.
11 (w) Directly or indirectly giving or offering anything
12 of value to any person who advises another in a
13 professional capacity, as an inducement to influence the
14 purchase of a product sold or offered for sale by a hearing
15 instrument dispenser or influencing persons to refrain
16 from dealing in the products of competitors.
17 (x) Conducting business while suffering from a
18 contagious disease.
19 (y) Engaging in the fitting or sale of hearing
20 instruments under a name with fraudulent intent.
21 (z) Dispensing a hearing instrument to a person who has
22 not been given tests utilizing appropriate established
23 procedures and instrumentation in the fitting of hearing
24 instruments, except where there is the replacement of a
25 hearing instrument, of the same make and model within one
26 year of the dispensing of the original hearing instrument.

HB3395- 134 -LRB100 06973 SMS 17024 b
1 (aa) Unavailability or unwillingness to adequately
2 provide for service or repair of hearing instruments fitted
3 and sold by the dispenser.
4 (bb) Violating the regulations of the Federal Food and
5 Drug Administration or the Federal Trade Commission as they
6 affect hearing instruments.
7 (cc) Violating any provision of the Consumer Fraud and
8 Deceptive Business Practices Act.
9 (dd) Violating the Health Care Worker Self-Referral
10 Act.
11 No consideration shall be given to convictions entered
12prior to the date of the application, where the applicant has
13completed any sentence imposed for that conviction, including
14any period of mandatory supervised release.
15 The Department, with the approval of the Board, may impose
16a fine not to exceed $1,000 plus costs for the first violation
17and not to exceed $5,000 plus costs for each subsequent
18violation of this Act, and the rules promulgated hereunder, on
19any person or entity described in this Act. Such fine may be
20imposed as an alternative to any other disciplinary measure,
21except for probation. The imposition by the Department of a
22fine for any violation does not bar the violation from being
23alleged in subsequent disciplinary proceedings. Such fines
24shall be deposited in the Fund.
25(Source: P.A. 96-1482, eff. 11-29-10; revised 9-14-16.)

HB3395- 135 -LRB100 06973 SMS 17024 b
1 Section 80. The Home Medical Equipment and Services
2Provider License Act is amended by changing Section 75 as
3follows:
4 (225 ILCS 51/75)
5 (Section scheduled to be repealed on January 1, 2018)
6 Sec. 75. Refused issuance, suspension, or revocation of
7license. The Department may refuse to issue, renew, or restore
8a license, or may revoke, suspend, place on probation,
9reprimand, impose a fine not to exceed $10,000 for each
10violation, or take other disciplinary or non-disciplinary
11action as the Department may deem proper with regard to a
12licensee for any one or combination of the following reasons:
13 (1) Making a material misstatement in furnishing
14 information to the Department.
15 (2) Violation of this Act or its rules.
16 (3) Conviction of or entry of a plea of guilty or nolo
17 contendere to any crime that is a felony under the laws of
18 the United States or any state or territory thereof or a
19 misdemeanor, an essential element of which is dishonesty or
20 that is directly related to the practice of the profession.
21 (4) Making a misrepresentation to obtain licensure or
22 to violate a provision of this Act.
23 (5) Gross negligence in practice under this Act.
24 (6) Engaging in a pattern of practice or other behavior
25 that demonstrates incapacity or incompetence to practice

HB3395- 136 -LRB100 06973 SMS 17024 b
1 under this Act.
2 (7) Aiding, assisting, or willingly permitting another
3 person in violating any provision of this Act or its rules.
4 (8) Failing, within 30 days, to provide information in
5 response to a written request made by the Department.
6 (9) Engaging in dishonorable, unethical, or
7 unprofessional conduct of a character likely to deceive,
8 defraud, or harm the public.
9 (10) Discipline by another state, District of
10 Columbia, territory, or foreign nation, if at least one of
11 the grounds for the discipline is the same or substantially
12 equivalent to one set forth in this Act.
13 (11) Directly or indirectly giving to or receiving from
14 any person, firm, corporation, partnership, or association
15 any fee, commission, rebate, or other form of compensation
16 for any services not actually or personally rendered.
17 (12) A finding that the licensee, after having its
18 license placed on probationary status, has violated the
19 terms of probation.
20 (13) Willfully making or filing false records or
21 reports in the course of providing home medical equipment
22 and services, including but not limited to false records or
23 reports filed with State agencies or departments.
24 (14) Solicitation of business services, other than
25 according to permitted advertising.
26 (15) The use of any words, abbreviations, figures, or

HB3395- 137 -LRB100 06973 SMS 17024 b
1 letters with the intention of indicating practice as a home
2 medical equipment and services provider without a license
3 issued under this Act.
4 (16) Failure to file a return, or to pay the tax,
5 penalty, or interest shown in a filed return, or to pay any
6 final assessment of tax, penalty, or interest, as required
7 by any tax Act administered by the Department of Revenue,
8 until such time as the requirements of any such tax Act are
9 satisfied.
10 (17) Failure to comply with federal or State laws and
11 regulations concerning home medical equipment and services
12 providers.
13 (18) Solicitation of professional services using false
14 or misleading advertising.
15 (19) Failure to display a license in accordance with
16 Section 45.
17 (20) Habitual or excessive use or addiction to alcohol,
18 narcotics, stimulants, or any other chemical agent or drug
19 that results in the inability to practice with reasonable
20 judgment, skill, or safety.
21 (21) Physical illness, mental illness, or disability,
22 including without limitation deterioration through the
23 aging process and loss of motor skill, that results in the
24 inability to practice the profession with reasonable
25 judgment, skill, or safety.
26 No consideration shall be given to convictions entered

HB3395- 138 -LRB100 06973 SMS 17024 b
1prior to the date of the application, where the applicant has
2completed any sentence imposed for that conviction, including
3any period of mandatory supervised release.
4(Source: P.A. 95-703, eff. 12-31-07.)
5 Section 85. The Marriage and Family Therapy Licensing Act
6is amended by changing Section 85 as follows:
7 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
8 (Section scheduled to be repealed on January 1, 2018)
9 Sec. 85. Refusal, revocation, or suspension.
10 (a) The Department may refuse to issue or renew, or may
11revoke a license, or may suspend, place on probation, fine, or
12take any disciplinary or non-disciplinary action as the
13Department may deem proper, including fines not to exceed
14$10,000 for each violation, with regard to any licensee for any
15one or combination of the following causes:
16 (1) Material misstatement in furnishing information to
17 the Department.
18 (2) Violations of this Act or its rules.
19 (3) Conviction of or entry of a plea of guilty or nolo
20 contendere to any crime that is a felony under the laws of
21 the United States or any state or territory thereof or a
22 misdemeanor of which an essential element is dishonesty or
23 that is directly related to the practice of the profession.
24 (4) Making any misrepresentation for the purpose of

HB3395- 139 -LRB100 06973 SMS 17024 b
1 obtaining a license or violating any provision of this Act
2 or its rules.
3 (5) Professional incompetence.
4 (6) Gross negligence.
5 (7) Aiding or assisting another person in violating any
6 provision of this Act or its rules.
7 (8) Failing, within 30 days, to provide information in
8 response to a written request made by the Department.
9 (9) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud or harm the public as defined by the rules of the
12 Department, or violating the rules of professional conduct
13 adopted by the Board and published by the Department.
14 (10) Habitual or excessive use or addiction to alcohol,
15 narcotics, stimulants, or any other chemical agent or drug
16 that results in the inability to practice with reasonable
17 judgment, skill, or safety.
18 (11) Discipline by another state, territory, or
19 country if at least one of the grounds for the discipline
20 is the same or substantially equivalent to those set forth
21 in this Act.
22 (12) Directly or indirectly giving to or receiving from
23 any person, firm, corporation, partnership, or association
24 any fee, commission, rebate, or other form of compensation
25 for any professional services not actually or personally
26 rendered. Nothing in this paragraph (12) affects any bona

HB3395- 140 -LRB100 06973 SMS 17024 b
1 fide independent contractor or employment arrangements
2 among health care professionals, health facilities, health
3 care providers, or other entities, except as otherwise
4 prohibited by law. Any employment arrangements may include
5 provisions for compensation, health insurance, pension, or
6 other employment benefits for the provision of services
7 within the scope of the licensee's practice under this Act.
8 Nothing in this paragraph (12) shall be construed to
9 require an employment arrangement to receive professional
10 fees for services rendered.
11 (13) A finding by the Department that the licensee,
12 after having his or her license placed on probationary
13 status, has violated the terms of probation.
14 (14) Abandonment of a patient without cause.
15 (15) Willfully making or filing false records or
16 reports relating to a licensee's practice, including but
17 not limited to false records filed with State agencies or
18 departments.
19 (16) Wilfully failing to report an instance of
20 suspected child abuse or neglect as required by the Abused
21 and Neglected Child Reporting Act.
22 (17) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 under the Abused and Neglected Child Reporting Act and upon
25 proof by clear and convincing evidence that the licensee
26 has caused a child to be an abused child or neglected child

HB3395- 141 -LRB100 06973 SMS 17024 b
1 as defined in the Abused and Neglected Child Reporting Act.
2 (18) Physical illness or mental illness or impairment,
3 including, but not limited to, deterioration through the
4 aging process or loss of motor skill that results in the
5 inability to practice the profession with reasonable
6 judgment, skill, or safety.
7 (19) Solicitation of professional services by using
8 false or misleading advertising.
9 (20) A finding that licensure has been applied for or
10 obtained by fraudulent means.
11 (21) Practicing or attempting to practice under a name
12 other than the full name as shown on the license or any
13 other legally authorized name.
14 (22) Gross overcharging for professional services
15 including filing statements for collection of fees or
16 moneys for which services are not rendered.
17 No consideration shall be given to convictions entered
18prior to the date of the application, where the applicant has
19completed any sentence imposed for that conviction, including
20any period of mandatory supervised release.
21 (b) The Department shall deny any application for a license
22or renewal, without hearing, under this Act to any person who
23has defaulted on an educational loan guaranteed by the Illinois
24Student Assistance Commission; however, the Department may
25issue a license or renewal if the person in default has
26established a satisfactory repayment record as determined by

HB3395- 142 -LRB100 06973 SMS 17024 b
1the Illinois Student Assistance Commission.
2 (c) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission, as
4provided in the Mental Health and Developmental Disabilities
5Code, operates as an automatic suspension. The suspension will
6terminate only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission
8and the issuance of an order so finding and discharging the
9patient, and upon the recommendation of the Board to the
10Secretary that the licensee be allowed to resume his or her
11practice as a licensed marriage and family therapist or an
12associate marriage and family therapist.
13 (d) The Department may refuse to issue or may suspend the
14license of any person who fails to file a return, pay the tax,
15penalty, or interest shown in a filed return or pay any final
16assessment of tax, penalty, or interest, as required by any tax
17Act administered by the Illinois Department of Revenue, until
18the time the requirements of the tax Act are satisfied.
19 (e) In enforcing this Section, the Department or Board upon
20a showing of a possible violation may compel an individual
21licensed to practice under this Act, or who has applied for
22licensure under this Act, to submit to a mental or physical
23examination, or both, as required by and at the expense of the
24Department. The Department or Board may order the examining
25physician to present testimony concerning the mental or
26physical examination of the licensee or applicant. No

HB3395- 143 -LRB100 06973 SMS 17024 b
1information shall be excluded by reason of any common law or
2statutory privilege relating to communications between the
3licensee or applicant and the examining physician. The
4examining physicians shall be specifically designated by the
5Board or Department. The individual to be examined may have, at
6his or her own expense, another physician of his or her choice
7present during all aspects of this examination. Failure of an
8individual to submit to a mental or physical examination, when
9directed, shall be grounds for suspension of his or her license
10until the individual submits to the examination if the
11Department finds, after notice and hearing, that the refusal to
12submit to the examination was without reasonable cause.
13 If the Department or Board finds an individual unable to
14practice because of the reasons set forth in this Section, the
15Department or Board may require that individual to submit to
16care, counseling, or treatment by physicians approved or
17designated by the Department or Board, as a condition, term, or
18restriction for continued, reinstated, or renewed licensure to
19practice; or, in lieu of care, counseling, or treatment, the
20Department may file, or the Board may recommend to the
21Department to file, a complaint to immediately suspend, revoke,
22or otherwise discipline the license of the individual. An
23individual whose license was granted, continued, reinstated,
24renewed, disciplined or supervised subject to such terms,
25conditions, or restrictions, and who fails to comply with such
26terms, conditions, or restrictions, shall be referred to the

HB3395- 144 -LRB100 06973 SMS 17024 b
1Secretary for a determination as to whether the individual
2shall have his or her license suspended immediately, pending a
3hearing by the Department.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 30 days after
7the suspension and completed without appreciable delay. The
8Department and Board shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13 An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department or Board that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18(Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
19 Section 90. The Massage Licensing Act is amended by
20changing Section 45 as follows:
21 (225 ILCS 57/45)
22 (Section scheduled to be repealed on January 1, 2022)
23 Sec. 45. Grounds for discipline.
24 (a) The Department may refuse to issue or renew, or may

HB3395- 145 -LRB100 06973 SMS 17024 b
1revoke, suspend, place on probation, reprimand, or take other
2disciplinary or non-disciplinary action, as the Department
3considers appropriate, including the imposition of fines not to
4exceed $10,000 for each violation, with regard to any license
5or licensee for any one or more of the following:
6 (1) violations of this Act or of the rules adopted
7 under this Act;
8 (2) conviction by plea of guilty or nolo contendere,
9 finding of guilt, jury verdict, or entry of judgment or by
10 sentencing of any crime, including, but not limited to,
11 convictions, preceding sentences of supervision,
12 conditional discharge, or first offender probation, under
13 the laws of any jurisdiction of the United States: (i) that
14 is a felony; or (ii) that is a misdemeanor, an essential
15 element of which is dishonesty, or that is directly related
16 to the practice of the profession;
17 (3) professional incompetence;
18 (4) advertising in a false, deceptive, or misleading
19 manner;
20 (5) aiding, abetting, assisting, procuring, advising,
21 employing, or contracting with any unlicensed person to
22 practice massage contrary to any rules or provisions of
23 this Act;
24 (6) engaging in immoral conduct in the commission of
25 any act, such as sexual abuse, sexual misconduct, or sexual
26 exploitation, related to the licensee's practice;

HB3395- 146 -LRB100 06973 SMS 17024 b
1 (7) engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud, or harm the public;
4 (8) practicing or offering to practice beyond the scope
5 permitted by law or accepting and performing professional
6 responsibilities which the licensee knows or has reason to
7 know that he or she is not competent to perform;
8 (9) knowingly delegating professional responsibilities
9 to a person unqualified by training, experience, or
10 licensure to perform;
11 (10) failing to provide information in response to a
12 written request made by the Department within 60 days;
13 (11) having a habitual or excessive use of or addiction
14 to alcohol, narcotics, stimulants, or any other chemical
15 agent or drug which results in the inability to practice
16 with reasonable judgment, skill, or safety;
17 (12) having a pattern of practice or other behavior
18 that demonstrates incapacity or incompetence to practice
19 under this Act;
20 (13) discipline by another state, District of
21 Columbia, territory, or foreign nation, if at least one of
22 the grounds for the discipline is the same or substantially
23 equivalent to those set forth in this Section;
24 (14) a finding by the Department that the licensee,
25 after having his or her license placed on probationary
26 status, has violated the terms of probation;

HB3395- 147 -LRB100 06973 SMS 17024 b
1 (15) willfully making or filing false records or
2 reports in his or her practice, including, but not limited
3 to, false records filed with State agencies or departments;
4 (16) making a material misstatement in furnishing
5 information to the Department or otherwise making
6 misleading, deceptive, untrue, or fraudulent
7 representations in violation of this Act or otherwise in
8 the practice of the profession;
9 (17) fraud or misrepresentation in applying for or
10 procuring a license under this Act or in connection with
11 applying for renewal of a license under this Act;
12 (18) inability to practice the profession with
13 reasonable judgment, skill, or safety as a result of
14 physical illness, including, but not limited to,
15 deterioration through the aging process, loss of motor
16 skill, or a mental illness or disability;
17 (19) charging for professional services not rendered,
18 including filing false statements for the collection of
19 fees for which services are not rendered;
20 (20) practicing under a false or, except as provided by
21 law, an assumed name; or
22 (21) cheating on or attempting to subvert the licensing
23 examination administered under this Act.
24 No consideration shall be given to convictions entered
25prior to the date of the application, where the applicant has
26completed any sentence imposed for that conviction, including

HB3395- 148 -LRB100 06973 SMS 17024 b
1any period of mandatory supervised release.
2 All fines shall be paid within 60 days of the effective
3date of the order imposing the fine.
4 (b) A person not licensed under this Act and engaged in the
5business of offering massage therapy services through others,
6shall not aid, abet, assist, procure, advise, employ, or
7contract with any unlicensed person to practice massage therapy
8contrary to any rules or provisions of this Act. A person
9violating this subsection (b) shall be treated as a licensee
10for the purposes of disciplinary action under this Section and
11shall be subject to cease and desist orders as provided in
12Section 90 of this Act.
13 (c) The Department shall revoke any license issued under
14this Act of any person who is convicted of prostitution, rape,
15sexual misconduct, or any crime that subjects the licensee to
16compliance with the requirements of the Sex Offender
17Registration Act and any such conviction shall operate as a
18permanent bar in the State of Illinois to practice as a massage
19therapist.
20 (d) The Department may refuse to issue or may suspend the
21license of any person who fails to file a tax return, to pay
22the tax, penalty, or interest shown in a filed tax return, or
23to pay any final assessment of tax, penalty, or interest, as
24required by any tax Act administered by the Illinois Department
25of Revenue, until such time as the requirements of the tax Act
26are satisfied in accordance with subsection (g) of Section

HB3395- 149 -LRB100 06973 SMS 17024 b
12105-15 of the Civil Administrative Code of Illinois.
2 (e) The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with item (5) of subsection
7(a) of Section 2105-15 of the Civil Administrative Code of
8Illinois.
9 (f) In cases where the Department of Healthcare and Family
10Services has previously determined that a licensee or a
11potential licensee is more than 30 days delinquent in the
12payment of child support and has subsequently certified the
13delinquency to the Department, the Department may refuse to
14issue or renew or may revoke or suspend that person's license
15or may take other disciplinary action against that person based
16solely upon the certification of delinquency made by the
17Department of Healthcare and Family Services in accordance with
18item (5) of subsection (a) of Section 2105-15 of the Civil
19Administrative Code of Illinois.
20 (g) The determination by a circuit court that a licensee is
21subject to involuntary admission or judicial admission, as
22provided in the Mental Health and Developmental Disabilities
23Code, operates as an automatic suspension. The suspension will
24end only upon a finding by a court that the patient is no
25longer subject to involuntary admission or judicial admission
26and the issuance of a court order so finding and discharging

HB3395- 150 -LRB100 06973 SMS 17024 b
1the patient.
2 (h) In enforcing this Act, the Department or Board, upon a
3showing of a possible violation, may compel an individual
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, as required by and at the expense of the
7Department. The Department or Board may order the examining
8physician to present testimony concerning the mental or
9physical examination of the licensee or applicant. No
10information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The individual to be examined may have, at
15his or her own expense, another physician of his or her choice
16present during all aspects of this examination. The examination
17shall be performed by a physician licensed to practice medicine
18in all its branches. Failure of an individual to submit to a
19mental or physical examination, when directed, shall result in
20an automatic suspension without hearing.
21 A person holding a license under this Act or who has
22applied for a license under this Act who, because of a physical
23or mental illness or disability, including, but not limited to,
24deterioration through the aging process or loss of motor skill,
25is unable to practice the profession with reasonable judgment,
26skill, or safety, may be required by the Department to submit

HB3395- 151 -LRB100 06973 SMS 17024 b
1to care, counseling, or treatment by physicians approved or
2designated by the Department as a condition, term, or
3restriction for continued, reinstated, or renewed licensure to
4practice. Submission to care, counseling, or treatment as
5required by the Department shall not be considered discipline
6of a license. If the licensee refuses to enter into a care,
7counseling, or treatment agreement or fails to abide by the
8terms of the agreement, the Department may file a complaint to
9revoke, suspend, or otherwise discipline the license of the
10individual. The Secretary may order the license suspended
11immediately, pending a hearing by the Department. Fines shall
12not be assessed in disciplinary actions involving physical or
13mental illness or impairment.
14 In instances in which the Secretary immediately suspends a
15person's license under this Section, a hearing on that person's
16license must be convened by the Department within 15 days after
17the suspension and completed without appreciable delay. The
18Department and Board shall have the authority to review the
19subject individual's record of treatment and counseling
20regarding the impairment to the extent permitted by applicable
21federal statutes and regulations safeguarding the
22confidentiality of medical records.
23 An individual licensed under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department or Board that he or she can resume practice in
26compliance with acceptable and prevailing standards under the

HB3395- 152 -LRB100 06973 SMS 17024 b
1provisions of his or her license.
2(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
3 Section 95. The Naprapathic Practice Act is amended by
4changing Section 110 as follows:
5 (225 ILCS 63/110)
6 (Section scheduled to be repealed on January 1, 2023)
7 Sec. 110. Grounds for disciplinary action; refusal,
8revocation, suspension.
9 (a) The Department may refuse to issue or to renew, or may
10revoke, suspend, place on probation, reprimand or take other
11disciplinary or non-disciplinary action as the Department may
12deem appropriate, including imposing fines not to exceed
13$10,000 for each violation, with regard to any licensee or
14license for any one or combination of the following causes:
15 (1) Violations of this Act or of rules adopted under
16 this Act.
17 (2) Material misstatement in furnishing information to
18 the Department.
19 (3) Conviction by plea of guilty or nolo contendere,
20 finding of guilt, jury verdict, or entry of judgment, or by
21 sentencing of any crime, including, but not limited to,
22 convictions, preceding sentences of supervision,
23 conditional discharge, or first offender probation, under
24 the laws of any jurisdiction of the United States: (i) that

HB3395- 153 -LRB100 06973 SMS 17024 b
1 is a felony or (ii) that is a misdemeanor, an essential
2 element of which is dishonesty, or that is directly related
3 to the practice of the profession.
4 (4) Fraud or any misrepresentation in applying for or
5 procuring a license under this Act or in connection with
6 applying for renewal of a license under this Act.
7 (5) Professional incompetence or gross negligence.
8 (6) Malpractice.
9 (7) Aiding or assisting another person in violating any
10 provision of this Act or its rules.
11 (8) Failing to provide information within 60 days in
12 response to a written request made by the Department.
13 (9) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public.
16 (10) Habitual or excessive use or abuse of drugs
17 defined in law as controlled substances, alcohol, or any
18 other substance which results in the inability to practice
19 with reasonable judgment, skill, or safety.
20 (11) Discipline by another U.S. jurisdiction or
21 foreign nation if at least one of the grounds for the
22 discipline is the same or substantially equivalent to those
23 set forth in this Act.
24 (12) Directly or indirectly giving to or receiving from
25 any person, firm, corporation, partnership, or association
26 any fee, commission, rebate, or other form of compensation

HB3395- 154 -LRB100 06973 SMS 17024 b
1 for any professional services not actually or personally
2 rendered. This shall not be deemed to include rent or other
3 remunerations paid to an individual, partnership, or
4 corporation by a naprapath for the lease, rental, or use of
5 space, owned or controlled by the individual, partnership,
6 corporation, or association. Nothing in this paragraph
7 (12) affects any bona fide independent contractor or
8 employment arrangements among health care professionals,
9 health facilities, health care providers, or other
10 entities, except as otherwise prohibited by law. Any
11 employment arrangements may include provisions for
12 compensation, health insurance, pension, or other
13 employment benefits for the provision of services within
14 the scope of the licensee's practice under this Act.
15 Nothing in this paragraph (12) shall be construed to
16 require an employment arrangement to receive professional
17 fees for services rendered.
18 (13) Using the title "Doctor" or its abbreviation
19 without further clarifying that title or abbreviation with
20 the word "naprapath" or "naprapathy" or the designation
21 "D.N.".
22 (14) A finding by the Department that the licensee,
23 after having his or her license placed on probationary
24 status, has violated the terms of probation.
25 (15) Abandonment of a patient without cause.
26 (16) Willfully making or filing false records or

HB3395- 155 -LRB100 06973 SMS 17024 b
1 reports relating to a licensee's practice, including but
2 not limited to, false records filed with State agencies or
3 departments.
4 (17) Willfully failing to report an instance of
5 suspected child abuse or neglect as required by the Abused
6 and Neglected Child Reporting Act.
7 (18) Physical or mental illness or disability,
8 including, but not limited to, deterioration through the
9 aging process or loss of motor skill that results in the
10 inability to practice the profession with reasonable
11 judgment, skill, or safety.
12 (19) Solicitation of professional services by means
13 other than permitted advertising.
14 (20) Failure to provide a patient with a copy of his or
15 her record upon the written request of the patient.
16 (21) Cheating on or attempting to subvert the licensing
17 examination administered under this Act.
18 (22) Allowing one's license under this Act to be used
19 by an unlicensed person in violation of this Act.
20 (23) (Blank).
21 (24) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act and upon
24 proof by clear and convincing evidence that the licensee
25 has caused a child to be an abused child or a neglected
26 child as defined in the Abused and Neglected Child

HB3395- 156 -LRB100 06973 SMS 17024 b
1 Reporting Act.
2 (25) Practicing under a false or, except as provided by
3 law, an assumed name.
4 (26) Immoral conduct in the commission of any act, such
5 as sexual abuse, sexual misconduct, or sexual
6 exploitation, related to the licensee's practice.
7 (27) Maintaining a professional relationship with any
8 person, firm, or corporation when the naprapath knows, or
9 should know, that the person, firm, or corporation is
10 violating this Act.
11 (28) Promotion of the sale of food supplements,
12 devices, appliances, or goods provided for a client or
13 patient in such manner as to exploit the patient or client
14 for financial gain of the licensee.
15 (29) Having treated ailments of human beings other than
16 by the practice of naprapathy as defined in this Act, or
17 having treated ailments of human beings as a licensed
18 naprapath independent of a documented referral or
19 documented current and relevant diagnosis from a
20 physician, dentist, or podiatric physician, or having
21 failed to notify the physician, dentist, or podiatric
22 physician who established a documented current and
23 relevant diagnosis that the patient is receiving
24 naprapathic treatment pursuant to that diagnosis.
25 (30) Use by a registered naprapath of the word
26 "infirmary", "hospital", "school", "university", in

HB3395- 157 -LRB100 06973 SMS 17024 b
1 English or any other language, in connection with the place
2 where naprapathy may be practiced or demonstrated.
3 (31) Continuance of a naprapath in the employ of any
4 person, firm, or corporation, or as an assistant to any
5 naprapath or naprapaths, directly or indirectly, after his
6 or her employer or superior has been found guilty of
7 violating or has been enjoined from violating the laws of
8 the State of Illinois relating to the practice of
9 naprapathy when the employer or superior persists in that
10 violation.
11 (32) The performance of naprapathic service in
12 conjunction with a scheme or plan with another person,
13 firm, or corporation known to be advertising in a manner
14 contrary to this Act or otherwise violating the laws of the
15 State of Illinois concerning the practice of naprapathy.
16 (33) Failure to provide satisfactory proof of having
17 participated in approved continuing education programs as
18 determined by and approved by the Secretary. Exceptions for
19 extreme hardships are to be defined by the rules of the
20 Department.
21 (34) (Blank).
22 (35) Gross or willful overcharging for professional
23 services.
24 (36) (Blank).
25 No consideration shall be given to convictions entered
26prior to the date of the application, where the applicant has

HB3395- 158 -LRB100 06973 SMS 17024 b
1completed any sentence imposed for that conviction, including
2any period of mandatory supervised release.
3 All fines imposed under this Section shall be paid within
460 days after the effective date of the order imposing the
5fine.
6 (b) The Department may refuse to issue or may suspend
7without hearing, as provided for in the Department of
8Professional Regulation Law of the Civil Administrative Code,
9the license of any person who fails to file a return, or pay
10the tax, penalty, or interest shown in a filed return, or pay
11any final assessment of the tax, penalty, or interest as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirements of any such tax
14Act are satisfied in accordance with subsection (g) of Section
152105-15 of the Department of Professional Regulation Law of the
16Civil Administrative Code of Illinois.
17 (c) The Department shall deny a license or renewal
18authorized by this Act to a person who has defaulted on an
19educational loan or scholarship provided or guaranteed by the
20Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with item (5) of subsection
22(a) of Section 2105-15 of the Department of Professional
23Regulation Law of the Civil Administrative Code of Illinois.
24 (d) In cases where the Department of Healthcare and Family
25Services has previously determined a licensee or a potential
26licensee is more than 30 days delinquent in the payment of

HB3395- 159 -LRB100 06973 SMS 17024 b
1child support and has subsequently certified the delinquency to
2the Department, the Department may refuse to issue or renew or
3may revoke or suspend that person's license or may take other
4disciplinary action against that person based solely upon the
5certification of delinquency made by the Department of
6Healthcare and Family Services in accordance with item (5) of
7subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10 (e) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission, as
12provided in the Mental Health and Developmental Disabilities
13Code, operates as an automatic suspension. The suspension shall
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and the issuance of an order so finding and discharging the
17patient.
18 (f) In enforcing this Act, the Department, upon a showing
19of a possible violation, may compel an individual licensed to
20practice under this Act, or who has applied for licensure under
21this Act, to submit to a mental or physical examination and
22evaluation, or both, which may include a substance abuse or
23sexual offender evaluation, as required by and at the expense
24of the Department. The Department shall specifically designate
25the examining physician licensed to practice medicine in all of
26its branches or, if applicable, the multidisciplinary team

HB3395- 160 -LRB100 06973 SMS 17024 b
1involved in providing the mental or physical examination and
2evaluation, or both. The multidisciplinary team shall be led by
3a physician licensed to practice medicine in all of its
4branches and may consist of one or more or a combination of
5physicians licensed to practice medicine in all of its
6branches, licensed chiropractic physicians, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff. Any examining physician or member of the
10multidisciplinary team may require any person ordered to submit
11to an examination and evaluation pursuant to this Section to
12submit to any additional supplemental testing deemed necessary
13to complete any examination or evaluation process, including,
14but not limited to, blood testing, urinalysis, psychological
15testing, or neuropsychological testing.
16 The Department may order the examining physician or any
17member of the multidisciplinary team to provide to the
18Department any and all records including business records that
19relate to the examination and evaluation, including any
20supplemental testing performed. The Department may order the
21examining physician or any member of the multidisciplinary team
22to present testimony concerning the examination and evaluation
23of the licensee or applicant, including testimony concerning
24any supplemental testing or documents in any way related to the
25examination and evaluation. No information, report, record, or
26other documents in any way related to the examination and

HB3395- 161 -LRB100 06973 SMS 17024 b
1evaluation shall be excluded by reason of any common law or
2statutory privilege relating to communications between the
3licensee or applicant and the examining physician or any member
4of the multidisciplinary team. No authorization is necessary
5from the licensee or applicant ordered to undergo an evaluation
6and examination for the examining physician or any member of
7the multidisciplinary team to provide information, reports,
8records, or other documents or to provide any testimony
9regarding the examination and evaluation. The individual to be
10examined may have, at his or her own expense, another physician
11of his or her choice present during all aspects of this
12examination. Failure of an individual to submit to a mental or
13physical examination and evaluation, or both, when directed,
14shall result in an automatic suspension without hearing, until
15such time as the individual submits to the examination.
16 A person holding a license under this Act or who has
17applied for a license under this Act who, because of a physical
18or mental illness or disability, including, but not limited to,
19deterioration through the aging process or loss of motor skill,
20is unable to practice the profession with reasonable judgment,
21skill, or safety, may be required by the Department to submit
22to care, counseling, or treatment by physicians approved or
23designated by the Department as a condition, term, or
24restriction for continued, reinstated, or renewed licensure to
25practice. Submission to care, counseling, or treatment as
26required by the Department shall not be considered discipline

HB3395- 162 -LRB100 06973 SMS 17024 b
1of a license. If the licensee refuses to enter into a care,
2counseling, or treatment agreement or fails to abide by the
3terms of the agreement, the Department may file a complaint to
4revoke, suspend, or otherwise discipline the license of the
5individual. The Secretary may order the license suspended
6immediately, pending a hearing by the Department. Fines shall
7not be assessed in disciplinary actions involving physical or
8mental illness or impairment.
9 In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 15 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18 An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
2498-463, eff. 8-16-13.)
25 Section 100. The Nurse Practice Act is amended by changing

HB3395- 163 -LRB100 06973 SMS 17024 b
1Sections 55-10, 60-10, 65-5, and 70-5 as follows:
2 (225 ILCS 65/55-10) (was 225 ILCS 65/10-30)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 55-10. Qualifications for LPN licensure.
5 (a) Each applicant who successfully meets the requirements
6of this Section shall be entitled to licensure as a Licensed
7Practical Nurse.
8 (b) An applicant for licensure by examination to practice
9as a practical nurse must do each of the following:
10 (1) Submit a completed written application, on forms
11 provided by the Department and fees as established by the
12 Department.
13 (2) Have graduated from a practical nursing education
14 program approved by the Department or have been granted a
15 certificate of completion of pre-licensure requirements
16 from another United States jurisdiction.
17 (3) Successfully complete a licensure examination
18 approved by the Department.
19 (4) Have not violated the provisions of this Act
20 concerning the grounds for disciplinary action. The
21 Department may take into consideration any felony
22 conviction of the applicant, but such a conviction shall
23 not operate as an absolute bar to licensure.
24 (5) Submit to the criminal history records check
25 required under Section 50-35 of this Act.

HB3395- 164 -LRB100 06973 SMS 17024 b
1 (6) Submit either to the Department or its designated
2 testing service, a fee covering the cost of providing the
3 examination. Failure to appear for the examination on the
4 scheduled date at the time and place specified after the
5 applicant's application for examination has been received
6 and acknowledged by the Department or the designated
7 testing service shall result in the forfeiture of the
8 examination fee.
9 (7) Meet all other requirements established by rule.
10 No consideration shall be given to convictions entered
11prior to the date of the application, where the applicant has
12completed any sentence imposed for that conviction, including
13any period of mandatory supervised release.
14 An applicant for licensure by examination may take the
15Department-approved examination in another jurisdiction.
16 (b-5) If an applicant for licensure by examination
17neglects, fails, or refuses to take an examination or fails to
18pass an examination for a license under this Act within 3 years
19after filing the application, the application shall be denied.
20The applicant must enroll in and complete an approved practical
21nursing education program prior to submitting an additional
22application for the licensure exam.
23 An applicant may take and successfully complete a
24Department-approved examination in another jurisdiction.
25However, an applicant who has never been licensed previously in
26any jurisdiction that utilizes a Department-approved

HB3395- 165 -LRB100 06973 SMS 17024 b
1examination and who has taken and failed to pass the
2examination within 3 years after filing the application must
3submit proof of successful completion of a
4Department-authorized nursing education program or
5recompletion of an approved licensed practical nursing program
6prior to re-application.
7 (c) An applicant for licensure by examination shall have
8one year from the date of notification of successful completion
9of the examination to apply to the Department for a license. If
10an applicant fails to apply within one year, the applicant
11shall be required to retake and pass the examination unless
12licensed in another jurisdiction of the United States.
13 (d) A licensed practical nurse applicant who passes the
14Department-approved licensure examination and has applied to
15the Department for licensure may obtain employment as a
16license-pending practical nurse and practice as delegated by a
17registered professional nurse or an advanced practice nurse or
18physician. An individual may be employed as a license-pending
19practical nurse if all of the following criteria are met:
20 (1) He or she has completed and passed the
21 Department-approved licensure exam and presents to the
22 employer the official written notification indicating
23 successful passage of the licensure examination.
24 (2) He or she has completed and submitted to the
25 Department an application for licensure under this Section
26 as a practical nurse.

HB3395- 166 -LRB100 06973 SMS 17024 b
1 (3) He or she has submitted the required licensure fee.
2 (4) He or she has met all other requirements
3 established by rule, including having submitted to a
4 criminal history records check.
5 (e) The privilege to practice as a license-pending
6practical nurse shall terminate with the occurrence of any of
7the following:
8 (1) Three months have passed since the official date of
9 passing the licensure exam as inscribed on the formal
10 written notification indicating passage of the exam. This
11 3-month period may be extended as determined by rule.
12 (2) Receipt of the practical nurse license from the
13 Department.
14 (3) Notification from the Department that the
15 application for licensure has been denied.
16 (4) A request by the Department that the individual
17 terminate practicing as a license-pending practical nurse
18 until an official decision is made by the Department to
19 grant or deny a practical nurse license.
20 (f) An applicant for licensure by endorsement who is a
21licensed practical nurse licensed by examination under the laws
22of another state or territory of the United States or a foreign
23country, jurisdiction, territory, or province must do each of
24the following:
25 (1) Submit a completed written application, on forms
26 supplied by the Department, and fees as established by the

HB3395- 167 -LRB100 06973 SMS 17024 b
1 Department.
2 (2) Have graduated from a practical nursing education
3 program approved by the Department.
4 (3) Submit verification of licensure status directly
5 from the United States jurisdiction of licensure, if
6 applicable, as defined by rule.
7 (4) Submit to the criminal history records check
8 required under Section 50-35 of this Act.
9 (5) Meet all other requirements as established by the
10 Department by rule.
11 (g) All applicants for practical nurse licensure by
12examination or endorsement who are graduates of nursing
13educational programs in a country other than the United States
14or its territories shall have their nursing education
15credentials evaluated by a Department-approved nursing
16credentialing evaluation service. No such applicant may be
17issued a license under this Act unless the applicant's program
18is deemed by the nursing credentialing evaluation service to be
19equivalent to a professional nursing education program
20approved by the Department. An applicant who has graduated from
21a nursing educational program outside of the United States or
22its territories and whose first language is not English shall
23submit certification of passage of the Test of English as a
24Foreign Language (TOEFL), as defined by rule. The Department
25may, upon recommendation from the nursing evaluation service,
26waive the requirement that the applicant pass the TOEFL

HB3395- 168 -LRB100 06973 SMS 17024 b
1examination if the applicant submits verification of the
2successful completion of a nursing education program conducted
3in English. The requirements of this subsection (d) may be
4satisfied by the showing of proof of a certificate from the
5Certificate Program or the VisaScreen Program of the Commission
6on Graduates of Foreign Nursing Schools.
7 (h) An applicant licensed in another state or territory who
8is applying for licensure and has received her or his education
9in a country other than the United States or its territories
10shall have her or his nursing education credentials evaluated
11by a Department-approved nursing credentialing evaluation
12service. No such applicant may be issued a license under this
13Act unless the applicant's program is deemed by the nursing
14credentialing evaluation service to be equivalent to a
15professional nursing education program approved by the
16Department. An applicant who has graduated from a nursing
17educational program outside of the United States or its
18territories and whose first language is not English shall
19submit certification of passage of the Test of English as a
20Foreign Language (TOEFL), as defined by rule. The Department
21may, upon recommendation from the nursing evaluation service,
22waive the requirement that the applicant pass the TOEFL
23examination if the applicant submits verification of the
24successful completion of a nursing education program conducted
25in English or the successful passage of an approved licensing
26examination given in English. The requirements of this

HB3395- 169 -LRB100 06973 SMS 17024 b
1subsection (d-5) may be satisfied by the showing of proof of a
2certificate from the Certificate Program or the VisaScreen
3Program of the Commission on Graduates of Foreign Nursing
4Schools.
5 (i) A licensed practical nurse who holds an unencumbered
6license in good standing in another United States jurisdiction
7and who has applied for practical nurse licensure under this
8Act by endorsement may be issued a temporary license, if
9satisfactory proof of such licensure in another jurisdiction is
10presented to the Department. The Department shall not issue an
11applicant a temporary practical nurse license until it is
12satisfied that the applicant holds an active, unencumbered
13license in good standing in another jurisdiction. If the
14applicant holds more than one current active license or one or
15more active temporary licenses from another jurisdiction, the
16Department may not issue a temporary license until the
17Department is satisfied that each current active license held
18by the applicant is unencumbered. The temporary license, which
19shall be issued no later than 14 working days following receipt
20by the Department of an application for the temporary license,
21shall be granted upon the submission of all of the following to
22the Department:
23 (1) A completed application for licensure as a
24 practical nurse.
25 (2) Proof of a current, active license in at least one
26 other jurisdiction of the United States and proof that each

HB3395- 170 -LRB100 06973 SMS 17024 b
1 current active license or temporary license held by the
2 applicant within the last 5 years is unencumbered.
3 (3) A signed and completed application for a temporary
4 license.
5 (4) The required temporary license fee.
6 (j) The Department may refuse to issue an applicant a
7temporary license authorized pursuant to this Section if,
8within 14 working days following its receipt of an application
9for a temporary license, the Department determines that:
10 (1) (blank); the applicant has been convicted of a
11 crime under the laws of a jurisdiction of the United States
12 that is: (i) a felony; or (ii) a misdemeanor directly
13 related to the practice of the profession, within the last
14 5 years;
15 (2) the applicant has had a license or permit related
16 to the practice of practical nursing revoked, suspended, or
17 placed on probation by another jurisdiction within the last
18 5 years and at least one of the grounds for revoking,
19 suspending, or placing on probation is the same or
20 substantially equivalent to grounds in Illinois; or
21 (3) the Department intends to deny licensure by
22 endorsement.
23 (k) The Department may revoke a temporary license issued
24pursuant to this Section if it determines any of the following:
25 (1) That the applicant has been convicted of a crime
26 under the law of any jurisdiction of the United States that

HB3395- 171 -LRB100 06973 SMS 17024 b
1 is (i) a felony or (ii) a misdemeanor directly related to
2 the practice of the profession, within the last 5 years.
3 (2) That within the last 5 years the applicant has had
4 a license or permit related to the practice of nursing
5 revoked, suspended, or placed on probation by another
6 jurisdiction, and at least one of the grounds for revoking,
7 suspending, or placing on probation is the same or
8 substantially equivalent to grounds for disciplinary
9 action under this Act.
10 (3) That the Department intends to deny licensure by
11 endorsement.
12 (l) A temporary license shall expire 6 months from the date
13of issuance. Further renewal may be granted by the Department
14in hardship cases, as defined by rule and upon approval of the
15Secretary. However, a temporary license shall automatically
16expire upon issuance of a valid license under this Act or upon
17notification that the Department intends to deny licensure,
18whichever occurs first.
19 (m) All applicants for practical nurse licensure have 3
20years from the date of application to complete the application
21process. If the process has not been completed within 3 years
22from the date of application, the application shall be denied,
23the fee forfeited, and the applicant must reapply and meet the
24requirements in effect at the time of reapplication.
25(Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
2695-639, eff. 10-5-07.)

HB3395- 172 -LRB100 06973 SMS 17024 b
1 (225 ILCS 65/60-10)
2 (Section scheduled to be repealed on January 1, 2018)
3 Sec. 60-10. Qualifications for RN licensure.
4 (a) Each applicant who successfully meets the requirements
5of this Section shall be entitled to licensure as a registered
6professional nurse.
7 (b) An applicant for licensure by examination to practice
8as a registered professional nurse must do each of the
9following:
10 (1) Submit a completed written application, on forms
11 provided by the Department, and fees, as established by the
12 Department.
13 (2) Have graduated from a professional nursing
14 education program approved by the Department or have been
15 granted a certificate of completion of pre-licensure
16 requirements from another United States jurisdiction.
17 (3) Successfully complete a licensure examination
18 approved by the Department.
19 (4) Have not violated the provisions of this Act
20 concerning the grounds for disciplinary action. The
21 Department may take into consideration any felony
22 conviction of the applicant, but such a conviction may not
23 operate as an absolute bar to licensure.
24 (5) Submit to the criminal history records check
25 required under Section 50-35 of this Act.

HB3395- 173 -LRB100 06973 SMS 17024 b
1 (6) Submit, either to the Department or its designated
2 testing service, a fee covering the cost of providing the
3 examination. Failure to appear for the examination on the
4 scheduled date at the time and place specified after the
5 applicant's application for examination has been received
6 and acknowledged by the Department or the designated
7 testing service shall result in the forfeiture of the
8 examination fee.
9 (7) Meet all other requirements established by the
10 Department by rule. An applicant for licensure by
11 examination may take the Department-approved examination
12 in another jurisdiction.
13 No consideration shall be given to convictions entered
14prior to the date of the application, where the applicant has
15completed any sentence imposed for that conviction, including
16any period of mandatory supervised release.
17 (b-5) If an applicant for licensure by examination
18neglects, fails, or refuses to take an examination or fails to
19pass an examination for a license within 3 years after filing
20the application, the application shall be denied. The applicant
21may make a new application accompanied by the required fee,
22evidence of meeting the requirements in force at the time of
23the new application, and proof of the successful completion of
24at least 2 additional years of professional nursing education.
25 (c) An applicant for licensure by examination shall have
26one year after the date of notification of the successful

HB3395- 174 -LRB100 06973 SMS 17024 b
1completion of the examination to apply to the Department for a
2license. If an applicant fails to apply within one year, the
3applicant shall be required to retake and pass the examination
4unless licensed in another jurisdiction of the United States.
5 (d) An applicant for licensure by examination who passes
6the Department-approved licensure examination for professional
7nursing may obtain employment as a license-pending registered
8nurse and practice under the direction of a registered
9professional nurse or an advanced practice nurse until such
10time as he or she receives his or her license to practice or
11until the license is denied. In no instance shall any such
12applicant practice or be employed in any management capacity.
13An individual may be employed as a license-pending registered
14nurse if all of the following criteria are met:
15 (1) He or she has completed and passed the
16 Department-approved licensure exam and presents to the
17 employer the official written notification indicating
18 successful passage of the licensure examination.
19 (2) He or she has completed and submitted to the
20 Department an application for licensure under this Section
21 as a registered professional nurse.
22 (3) He or she has submitted the required licensure fee.
23 (4) He or she has met all other requirements
24 established by rule, including having submitted to a
25 criminal history records check.
26 (e) The privilege to practice as a license-pending

HB3395- 175 -LRB100 06973 SMS 17024 b
1registered nurse shall terminate with the occurrence of any of
2the following:
3 (1) Three months have passed since the official date of
4 passing the licensure exam as inscribed on the formal
5 written notification indicating passage of the exam. The
6 3-month license pending period may be extended if more time
7 is needed by the Department to process the licensure
8 application.
9 (2) Receipt of the registered professional nurse
10 license from the Department.
11 (3) Notification from the Department that the
12 application for licensure has been refused.
13 (4) A request by the Department that the individual
14 terminate practicing as a license-pending registered nurse
15 until an official decision is made by the Department to
16 grant or deny a registered professional nurse license.
17 (f) An applicant for registered professional nurse
18licensure by endorsement who is a registered professional nurse
19licensed by examination under the laws of another state or
20territory of the United States must do each of the following:
21 (1) Submit a completed written application, on forms
22 supplied by the Department, and fees as established by the
23 Department.
24 (2) Have graduated from a registered professional
25 nursing education program approved by the Department.
26 (3) Submit verification of licensure status directly

HB3395- 176 -LRB100 06973 SMS 17024 b
1 from the United States jurisdiction of licensure, if
2 applicable, as defined by rule.
3 (4) Submit to the criminal history records check
4 required under Section 50-35 of this Act.
5 (5) Meet all other requirements as established by the
6 Department by rule.
7 (g) Pending the issuance of a license under this Section,
8the Department may grant an applicant a temporary license to
9practice nursing as a registered professional nurse if the
10Department is satisfied that the applicant holds an active,
11unencumbered license in good standing in another U.S.
12jurisdiction. If the applicant holds more than one current
13active license or one or more active temporary licenses from
14another jurisdiction, the Department may not issue a temporary
15license until the Department is satisfied that each current
16active license held by the applicant is unencumbered. The
17temporary license, which shall be issued no later than 14
18working days after receipt by the Department of an application
19for the temporary license, shall be granted upon the submission
20of all of the following to the Department:
21 (1) A completed application for licensure as a
22 registered professional nurse.
23 (2) Proof of a current, active license in at least one
24 other jurisdiction of the United States and proof that each
25 current active license or temporary license held by the
26 applicant within the last 5 years is unencumbered.

HB3395- 177 -LRB100 06973 SMS 17024 b
1 (3) A completed application for a temporary license.
2 (4) The required temporary license fee.
3 (h) The Department may refuse to issue an applicant a
4temporary license authorized pursuant to this Section if,
5within 14 working days after its receipt of an application for
6a temporary license, the Department determines that:
7 (1) (blank); the applicant has been convicted of a
8 crime under the laws of a jurisdiction of the United States
9 that is (i) a felony or (ii) a misdemeanor directly related
10 to the practice of the profession, within the last 5 years;
11 (2) the applicant has had a license or permit related
12 to the practice of nursing revoked, suspended, or placed on
13 probation by another jurisdiction within the last 5 years,
14 if at least one of the grounds for revoking, suspending, or
15 placing on probation is the same or substantially
16 equivalent to grounds for disciplinary action under this
17 Act; or
18 (3) the Department intends to deny licensure by
19 endorsement.
20 (i) The Department may revoke a temporary license issued
21pursuant to this Section if it determines any of the following:
22 (1) That the applicant has been convicted of a crime
23 under the laws of any jurisdiction of the United States
24 that is (i) a felony or (ii) a misdemeanor directly related
25 to the practice of the profession, within the last 5 years.
26 (2) That within the last 5 years, the applicant has had

HB3395- 178 -LRB100 06973 SMS 17024 b
1 a license or permit related to the practice of nursing
2 revoked, suspended, or placed on probation by another
3 jurisdiction, if at least one of the grounds for revoking,
4 suspending, or placing on probation is the same or
5 substantially equivalent to grounds for disciplinary
6 action under this Act.
7 (3) That it intends to deny licensure by endorsement.
8 (j) A temporary license issued under this Section shall
9expire 6 months after the date of issuance. Further renewal may
10be granted by the Department in hardship cases, as defined by
11rule and upon approval of the Secretary. However, a temporary
12license shall automatically expire upon issuance of the
13Illinois license or upon notification that the Department
14intends to deny licensure, whichever occurs first.
15 (k) All applicants for registered professional nurse
16licensure have 3 years after the date of application to
17complete the application process. If the process has not been
18completed within 3 years after the date of application, the
19application shall be denied, the fee forfeited, and the
20applicant must reapply and meet the requirements in effect at
21the time of reapplication.
22 (l) All applicants for registered nurse licensure by
23examination or endorsement who are graduates of practical
24nursing educational programs in a country other than the United
25States and its territories shall have their nursing education
26credentials evaluated by a Department-approved nursing

HB3395- 179 -LRB100 06973 SMS 17024 b
1credentialing evaluation service. No such applicant may be
2issued a license under this Act unless the applicant's program
3is deemed by the nursing credentialing evaluation service to be
4equivalent to a professional nursing education program
5approved by the Department. An applicant who has graduated from
6a nursing educational program outside of the United States or
7its territories and whose first language is not English shall
8submit certification of passage of the Test of English as a
9Foreign Language (TOEFL), as defined by rule. The Department
10may, upon recommendation from the nursing evaluation service,
11waive the requirement that the applicant pass the TOEFL
12examination if the applicant submits verification of the
13successful completion of a nursing education program conducted
14in English. The requirements of this subsection (l) may be
15satisfied by the showing of proof of a certificate from the
16Certificate Program or the VisaScreen Program of the Commission
17on Graduates of Foreign Nursing Schools.
18 (m) An applicant licensed in another state or territory who
19is applying for licensure and has received her or his education
20in a country other than the United States or its territories
21shall have her or his nursing education credentials evaluated
22by a Department-approved nursing credentialing evaluation
23service. No such applicant may be issued a license under this
24Act unless the applicant's program is deemed by the nursing
25credentialing evaluation service to be equivalent to a
26professional nursing education program approved by the

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1Department. An applicant who has graduated from a nursing
2educational program outside of the United States or its
3territories and whose first language is not English shall
4submit certification of passage of the Test of English as a
5Foreign Language (TOEFL), as defined by rule. The Department
6may, upon recommendation from the nursing evaluation service,
7waive the requirement that the applicant pass the TOEFL
8examination if the applicant submits verification of the
9successful completion of a nursing education program conducted
10in English or the successful passage of an approved licensing
11examination given in English. The requirements of this
12subsection (m) may be satisfied by the showing of proof of a
13certificate from the Certificate Program or the VisaScreen
14Program of the Commission on Graduates of Foreign Nursing
15Schools.
16(Source: P.A. 95-639, eff. 10-5-07.)
17 (225 ILCS 65/65-5) (was 225 ILCS 65/15-10)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 65-5. Qualifications for APN licensure.
20 (a) Each applicant who successfully meets the requirements
21of this Section shall be entitled to licensure as an advanced
22practice nurse.
23 (b) An applicant for licensure to practice as an advanced
24practice nurse must do each of the following:
25 (1) Submit a completed application and any fees as

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1 established by the Department.
2 (2) Hold a current license to practice as a registered
3 professional nurse under this Act.
4 (3) Have successfully completed requirements to
5 practice as, and holds and maintains current, national
6 certification as, a nurse midwife, clinical nurse
7 specialist, nurse practitioner, or certified registered
8 nurse anesthetist from the appropriate national certifying
9 body as determined by rule of the Department.
10 (4) Have obtained a graduate degree appropriate for
11 national certification in a clinical advanced practice
12 nursing specialty or a graduate degree or post-master's
13 certificate from a graduate level program in a clinical
14 advanced practice nursing specialty.
15 (5) Have not violated the provisions of this Act
16 concerning the grounds for disciplinary action. The
17 Department may take into consideration any felony
18 conviction of the applicant, but such a conviction may not
19 operate as an absolute bar to licensure.
20 (6) Submit to the criminal history records check
21 required under Section 50-35 of this Act.
22 No consideration shall be given to convictions entered
23prior to the date of the application, where the applicant has
24completed any sentence imposed for that conviction, including
25any period of mandatory supervised release.
26 (b-5) A registered professional nurse seeking licensure as

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1an advanced practice nurse in the category of certified
2registered nurse anesthetist who does not have a graduate
3degree as described in subsection (b) of this Section shall be
4qualified for licensure if that person:
5 (1) submits evidence of having successfully completed
6 a nurse anesthesia program described in item (4) of
7 subsection (b) of this Section prior to January 1, 1999;
8 (2) submits evidence of certification as a registered
9 nurse anesthetist by an appropriate national certifying
10 body; and
11 (3) has continually maintained active, up-to-date
12 recertification status as a certified registered nurse
13 anesthetist by an appropriate national recertifying body.
14 (b-10) The Department shall issue a certified registered
15nurse anesthetist license to an APN who (i) does not have a
16graduate degree, (ii) applies for licensure before July 1,
172018, and (iii) submits all of the following to the Department:
18 (1) His or her current State registered nurse license
19 number.
20 (2) Proof of current national certification, which
21 includes the completion of an examination from either of
22 the following:
23 (A) the Council on Certification of the American
24 Association of Nurse Anesthetists; or
25 (B) the Council on Recertification of the American
26 Association of Nurse Anesthetists.

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1 (3) Proof of the successful completion of a post-basic
2 advanced practice formal education program in the area of
3 nurse anesthesia prior to January 1, 1999.
4 (4) His or her complete work history for the 5-year
5 period immediately preceding the date of his or her
6 application.
7 (5) Verification of licensure as an advanced practice
8 nurse from the state in which he or she was originally
9 licensed, current state of licensure, and any other state
10 in which he or she has been actively practicing as an
11 advanced practice nurse within the 5-year period
12 immediately preceding the date of his or her application.
13 If applicable, this verification must state:
14 (A) the time during which he or she was licensed in
15 each state, including the date of the original issuance
16 of each license; and
17 (B) any disciplinary action taken or pending
18 concerning any nursing license held, currently or in
19 the past, by the applicant.
20 (6) The required fee.
21 (c) Those applicants seeking licensure in more than one
22advanced practice nursing specialty need not possess multiple
23graduate degrees. Applicants may be eligible for licenses for
24multiple advanced practice nurse licensure specialties,
25provided that the applicant (i) has met the requirements for at
26least one advanced practice nursing specialty under paragraphs

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1(3) and (5) of subsection (a) of this Section, (ii) possesses
2an additional graduate education that results in a certificate
3for another clinical advanced practice nurse specialty and that
4meets the requirements for the national certification from the
5appropriate nursing specialty, and (iii) holds a current
6national certification from the appropriate national
7certifying body for that additional advanced practice nursing
8specialty.
9(Source: P.A. 98-837, eff. 1-1-15.)
10 (225 ILCS 65/70-5) (was 225 ILCS 65/10-45)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 70-5. Grounds for disciplinary action.
13 (a) The Department may refuse to issue or to renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including fines not to exceed $10,000 per
17violation, with regard to a license for any one or combination
18of the causes set forth in subsection (b) below. All fines
19collected under this Section shall be deposited in the Nursing
20Dedicated and Professional Fund.
21 (b) Grounds for disciplinary action include the following:
22 (1) Material deception in furnishing information to
23 the Department.
24 (2) Material violations of any provision of this Act or
25 violation of the rules of or final administrative action of

HB3395- 185 -LRB100 06973 SMS 17024 b
1 the Secretary, after consideration of the recommendation
2 of the Board.
3 (3) Conviction by plea of guilty or nolo contendere,
4 finding of guilt, jury verdict, or entry of judgment or by
5 sentencing of any crime, including, but not limited to,
6 convictions, preceding sentences of supervision,
7 conditional discharge, or first offender probation, under
8 the laws of any jurisdiction of the United States: (i) that
9 is a felony; or (ii) that is a misdemeanor, an essential
10 element of which is dishonesty, or that is directly related
11 to the practice of the profession.
12 (4) A pattern of practice or other behavior which
13 demonstrates incapacity or incompetency to practice under
14 this Act.
15 (5) Knowingly aiding or assisting another person in
16 violating any provision of this Act or rules.
17 (6) Failing, within 90 days, to provide a response to a
18 request for information in response to a written request
19 made by the Department by certified mail.
20 (7) Engaging in dishonorable, unethical or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public, as defined by rule.
23 (8) Unlawful taking, theft, selling, distributing, or
24 manufacturing of any drug, narcotic, or prescription
25 device.
26 (9) Habitual or excessive use or addiction to alcohol,

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1 narcotics, stimulants, or any other chemical agent or drug
2 that could result in a licensee's inability to practice
3 with reasonable judgment, skill or safety.
4 (10) Discipline by another U.S. jurisdiction or
5 foreign nation, if at least one of the grounds for the
6 discipline is the same or substantially equivalent to those
7 set forth in this Section.
8 (11) A finding that the licensee, after having her or
9 his license placed on probationary status or subject to
10 conditions or restrictions, has violated the terms of
11 probation or failed to comply with such terms or
12 conditions.
13 (12) Being named as a perpetrator in an indicated
14 report by the Department of Children and Family Services
15 and under the Abused and Neglected Child Reporting Act, and
16 upon proof by clear and convincing evidence that the
17 licensee has caused a child to be an abused child or
18 neglected child as defined in the Abused and Neglected
19 Child Reporting Act.
20 (13) Willful omission to file or record, or willfully
21 impeding the filing or recording or inducing another person
22 to omit to file or record medical reports as required by
23 law or willfully failing to report an instance of suspected
24 child abuse or neglect as required by the Abused and
25 Neglected Child Reporting Act.
26 (14) Gross negligence in the practice of practical,

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1 professional, or advanced practice nursing.
2 (15) Holding oneself out to be practicing nursing under
3 any name other than one's own.
4 (16) Failure of a licensee to report to the Department
5 any adverse final action taken against him or her by
6 another licensing jurisdiction of the United States or any
7 foreign state or country, any peer review body, any health
8 care institution, any professional or nursing society or
9 association, any governmental agency, any law enforcement
10 agency, or any court or a nursing liability claim related
11 to acts or conduct similar to acts or conduct that would
12 constitute grounds for action as defined in this Section.
13 (17) Failure of a licensee to report to the Department
14 surrender by the licensee of a license or authorization to
15 practice nursing or advanced practice nursing in another
16 state or jurisdiction or current surrender by the licensee
17 of membership on any nursing staff or in any nursing or
18 advanced practice nursing or professional association or
19 society while under disciplinary investigation by any of
20 those authorities or bodies for acts or conduct similar to
21 acts or conduct that would constitute grounds for action as
22 defined by this Section.
23 (18) Failing, within 60 days, to provide information in
24 response to a written request made by the Department.
25 (19) Failure to establish and maintain records of
26 patient care and treatment as required by law.

HB3395- 188 -LRB100 06973 SMS 17024 b
1 (20) Fraud, deceit or misrepresentation in applying
2 for or procuring a license under this Act or in connection
3 with applying for renewal of a license under this Act.
4 (21) Allowing another person or organization to use the
5 licensees' license to deceive the public.
6 (22) Willfully making or filing false records or
7 reports in the licensee's practice, including but not
8 limited to false records to support claims against the
9 medical assistance program of the Department of Healthcare
10 and Family Services (formerly Department of Public Aid)
11 under the Illinois Public Aid Code.
12 (23) Attempting to subvert or cheat on a licensing
13 examination administered under this Act.
14 (24) Immoral conduct in the commission of an act,
15 including, but not limited to, sexual abuse, sexual
16 misconduct, or sexual exploitation, related to the
17 licensee's practice.
18 (25) Willfully or negligently violating the
19 confidentiality between nurse and patient except as
20 required by law.
21 (26) Practicing under a false or assumed name, except
22 as provided by law.
23 (27) The use of any false, fraudulent, or deceptive
24 statement in any document connected with the licensee's
25 practice.
26 (28) Directly or indirectly giving to or receiving from

HB3395- 189 -LRB100 06973 SMS 17024 b
1 a person, firm, corporation, partnership, or association a
2 fee, commission, rebate, or other form of compensation for
3 professional services not actually or personally rendered.
4 Nothing in this paragraph (28) affects any bona fide
5 independent contractor or employment arrangements among
6 health care professionals, health facilities, health care
7 providers, or other entities, except as otherwise
8 prohibited by law. Any employment arrangements may include
9 provisions for compensation, health insurance, pension, or
10 other employment benefits for the provision of services
11 within the scope of the licensee's practice under this Act.
12 Nothing in this paragraph (28) shall be construed to
13 require an employment arrangement to receive professional
14 fees for services rendered.
15 (29) A violation of the Health Care Worker
16 Self-Referral Act.
17 (30) Physical illness, including but not limited to
18 deterioration through the aging process or loss of motor
19 skill, mental illness, or disability that results in the
20 inability to practice the profession with reasonable
21 judgment, skill, or safety.
22 (31) Exceeding the terms of a collaborative agreement
23 or the prescriptive authority delegated to a licensee by
24 his or her collaborating physician or podiatric physician
25 in guidelines established under a written collaborative
26 agreement.

HB3395- 190 -LRB100 06973 SMS 17024 b
1 (32) Making a false or misleading statement regarding a
2 licensee's skill or the efficacy or value of the medicine,
3 treatment, or remedy prescribed by him or her in the course
4 of treatment.
5 (33) Prescribing, selling, administering,
6 distributing, giving, or self-administering a drug
7 classified as a controlled substance (designated product)
8 or narcotic for other than medically accepted therapeutic
9 purposes.
10 (34) Promotion of the sale of drugs, devices,
11 appliances, or goods provided for a patient in a manner to
12 exploit the patient for financial gain.
13 (35) Violating State or federal laws, rules, or
14 regulations relating to controlled substances.
15 (36) Willfully or negligently violating the
16 confidentiality between an advanced practice nurse,
17 collaborating physician, dentist, or podiatric physician
18 and a patient, except as required by law.
19 (37) A violation of any provision of this Act or any
20 rules promulgated under this Act.
21 No consideration shall be given to convictions entered
22prior to the date of the application, where the applicant has
23completed any sentence imposed for that conviction, including
24any period of mandatory supervised release.
25 (c) The determination by a circuit court that a licensee is
26subject to involuntary admission or judicial admission as

HB3395- 191 -LRB100 06973 SMS 17024 b
1provided in the Mental Health and Developmental Disabilities
2Code, as amended, operates as an automatic suspension. The
3suspension will end only upon a finding by a court that the
4patient is no longer subject to involuntary admission or
5judicial admission and issues an order so finding and
6discharging the patient; and upon the recommendation of the
7Board to the Secretary that the licensee be allowed to resume
8his or her practice.
9 (d) The Department may refuse to issue or may suspend or
10otherwise discipline the license of any person who fails to
11file a return, or to pay the tax, penalty or interest shown in
12a filed return, or to pay any final assessment of the tax,
13penalty, or interest as required by any tax Act administered by
14the Department of Revenue, until such time as the requirements
15of any such tax Act are satisfied.
16 (e) In enforcing this Act, the Department or Board, upon a
17showing of a possible violation, may compel an individual
18licensed to practice under this Act or who has applied for
19licensure under this Act, to submit to a mental or physical
20examination, or both, as required by and at the expense of the
21Department. The Department or Board may order the examining
22physician to present testimony concerning the mental or
23physical examination of the licensee or applicant. No
24information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

HB3395- 192 -LRB100 06973 SMS 17024 b
1examining physicians shall be specifically designated by the
2Board or Department. The individual to be examined may have, at
3his or her own expense, another physician of his or her choice
4present during all aspects of this examination. Failure of an
5individual to submit to a mental or physical examination, when
6directed, shall result in an automatic suspension without
7hearing.
8 All substance-related violations shall mandate an
9automatic substance abuse assessment. Failure to submit to an
10assessment by a licensed physician who is certified as an
11addictionist or an advanced practice nurse with specialty
12certification in addictions may be grounds for an automatic
13suspension, as defined by rule.
14 If the Department or Board finds an individual unable to
15practice or unfit for duty because of the reasons set forth in
16this Section, the Department or Board may require that
17individual to submit to a substance abuse evaluation or
18treatment by individuals or programs approved or designated by
19the Department or Board, as a condition, term, or restriction
20for continued, reinstated, or renewed licensure to practice;
21or, in lieu of evaluation or treatment, the Department may
22file, or the Board may recommend to the Department to file, a
23complaint to immediately suspend, revoke, or otherwise
24discipline the license of the individual. An individual whose
25license was granted, continued, reinstated, renewed,
26disciplined or supervised subject to such terms, conditions, or

HB3395- 193 -LRB100 06973 SMS 17024 b
1restrictions, and who fails to comply with such terms,
2conditions, or restrictions, shall be referred to the Secretary
3for a determination as to whether the individual shall have his
4or her license suspended immediately, pending a hearing by the
5Department.
6 In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department within 15 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15 An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department that he or she can resume practice in compliance
18with nursing standards under the provisions of his or her
19license.
20(Source: P.A. 98-214, eff. 8-9-13.)
21 Section 105. The Nursing Home Administrators Licensing and
22Disciplinary Act is amended by changing Section 17 as follows:
23 (225 ILCS 70/17) (from Ch. 111, par. 3667)
24 Sec. 17. Grounds for disciplinary action.

HB3395- 194 -LRB100 06973 SMS 17024 b
1 (a) The Department may impose fines not to exceed $10,000
2or may refuse to issue or to renew, or may revoke, suspend,
3place on probation, censure, reprimand or take other
4disciplinary or non-disciplinary action with regard to the
5license of any person, for any one or combination of the
6following causes:
7 (1) Intentional material misstatement in furnishing
8 information to the Department.
9 (2) Conviction of or entry of a plea of guilty or nolo
10 contendere to any crime that is a felony under the laws of
11 the United States or any state or territory thereof or a
12 misdemeanor of which an essential element is dishonesty or
13 that is directly related to the practice of the profession
14 of nursing home administration.
15 (3) Making any misrepresentation for the purpose of
16 obtaining a license, or violating any provision of this
17 Act.
18 (4) Immoral conduct in the commission of any act, such
19 as sexual abuse or sexual misconduct, related to the
20 licensee's practice.
21 (5) Failing to respond within 30 days, to a written
22 request made by the Department for information.
23 (6) Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public.
26 (7) Habitual use or addiction to alcohol, narcotics,

HB3395- 195 -LRB100 06973 SMS 17024 b
1 stimulants, or any other chemical agent or drug which
2 results in the inability to practice with reasonable
3 judgment, skill or safety.
4 (8) Discipline by another U.S. jurisdiction if at least
5 one of the grounds for the discipline is the same or
6 substantially equivalent to those set forth herein.
7 (9) A finding by the Department that the licensee,
8 after having his or her license placed on probationary
9 status has violated the terms of probation.
10 (10) Willfully making or filing false records or
11 reports in his or her practice, including but not limited
12 to false records filed with State agencies or departments.
13 (11) Physical illness, mental illness, or other
14 impairment or disability, including, but not limited to,
15 deterioration through the aging process, or loss of motor
16 skill that results in the inability to practice the
17 profession with reasonable judgment, skill or safety.
18 (12) Disregard or violation of this Act or of any rule
19 issued pursuant to this Act.
20 (13) Aiding or abetting another in the violation of
21 this Act or any rule or regulation issued pursuant to this
22 Act.
23 (14) Allowing one's license to be used by an unlicensed
24 person.
25 (15) (Blank).
26 (16) Professional incompetence in the practice of

HB3395- 196 -LRB100 06973 SMS 17024 b
1 nursing home administration.
2 (17) Conviction of a violation of Section 12-19 or
3 subsection (a) of Section 12-4.4a of the Criminal Code of
4 1961 or the Criminal Code of 2012 for the abuse and
5 criminal neglect of a long term care facility resident.
6 (18) Violation of the Nursing Home Care Act, the
7 Specialized Mental Health Rehabilitation Act of 2013, the
8 ID/DD Community Care Act, or the MC/DD Act or of any rule
9 issued under the Nursing Home Care Act, the Specialized
10 Mental Health Rehabilitation Act of 2013, the ID/DD
11 Community Care Act, or the MC/DD Act. A final adjudication
12 of a Type "AA" violation of the Nursing Home Care Act made
13 by the Illinois Department of Public Health, as identified
14 by rule, relating to the hiring, training, planning,
15 organizing, directing, or supervising the operation of a
16 nursing home and a licensee's failure to comply with this
17 Act or the rules adopted under this Act, shall create a
18 rebuttable presumption of a violation of this subsection.
19 (19) Failure to report to the Department any adverse
20 final action taken against the licensee by a licensing
21 authority of another state, territory of the United States,
22 or foreign country; or by any governmental or law
23 enforcement agency; or by any court for acts or conduct
24 similar to acts or conduct that would constitute grounds
25 for disciplinary action under this Section.
26 (20) Failure to report to the Department the surrender

HB3395- 197 -LRB100 06973 SMS 17024 b
1 of a license or authorization to practice as a nursing home
2 administrator in another state or jurisdiction for acts or
3 conduct similar to acts or conduct that would constitute
4 grounds for disciplinary action under this Section.
5 (21) Failure to report to the Department any adverse
6 judgment, settlement, or award arising from a liability
7 claim related to acts or conduct similar to acts or conduct
8 that would constitute grounds for disciplinary action
9 under this Section.
10 (22) Failure to submit any required report under
11 Section 80-10 of the Nurse Practice Act.
12 No consideration shall be given to convictions entered
13prior to the date of the application, where the applicant has
14completed any sentence imposed for that conviction, including
15any period of mandatory supervised release.
16 All proceedings to suspend, revoke, place on probationary
17status, or take any other disciplinary action as the Department
18may deem proper, with regard to a license on any of the
19foregoing grounds, must be commenced within 5 years next after
20receipt by the Department of (i) a complaint alleging the
21commission of or notice of the conviction order for any of the
22acts described herein or (ii) a referral for investigation
23under Section 3-108 of the Nursing Home Care Act.
24 The entry of an order or judgment by any circuit court
25establishing that any person holding a license under this Act
26is a person in need of mental treatment operates as a

HB3395- 198 -LRB100 06973 SMS 17024 b
1suspension of that license. That person may resume their
2practice only upon the entry of a Department order based upon a
3finding by the Board that they have been determined to be
4recovered from mental illness by the court and upon the Board's
5recommendation that they be permitted to resume their practice.
6 The Department, upon the recommendation of the Board, may
7adopt rules which set forth standards to be used in determining
8what constitutes:
9 (i) when a person will be deemed sufficiently
10 rehabilitated to warrant the public trust;
11 (ii) dishonorable, unethical or unprofessional conduct
12 of a character likely to deceive, defraud, or harm the
13 public;
14 (iii) immoral conduct in the commission of any act
15 related to the licensee's practice; and
16 (iv) professional incompetence in the practice of
17 nursing home administration.
18 However, no such rule shall be admissible into evidence in
19any civil action except for review of a licensing or other
20disciplinary action under this Act.
21 In enforcing this Section, the Department or Board, upon a
22showing of a possible violation, may compel any individual
23licensed to practice under this Act, or who has applied for
24licensure pursuant to this Act, to submit to a mental or
25physical examination, or both, as required by and at the
26expense of the Department. The examining physician or

HB3395- 199 -LRB100 06973 SMS 17024 b
1physicians shall be those specifically designated by the
2Department or Board. The Department or Board may order the
3examining physician to present testimony concerning this
4mental or physical examination of the licensee or applicant. No
5information shall be excluded by reason of any common law or
6statutory privilege relating to communications between the
7licensee or applicant and the examining physician. The
8individual to be examined may have, at his or her own expense,
9another physician of his or her choice present during all
10aspects of the examination. Failure of any individual to submit
11to mental or physical examination, when directed, shall be
12grounds for suspension of his or her license until such time as
13the individual submits to the examination if the Department
14finds, after notice and hearing, that the refusal to submit to
15the examination was without reasonable cause.
16 If the Department or Board finds an individual unable to
17practice because of the reasons set forth in this Section, the
18Department or Board shall require such individual to submit to
19care, counseling, or treatment by physicians approved or
20designated by the Department or Board, as a condition, term, or
21restriction for continued, reinstated, or renewed licensure to
22practice; or in lieu of care, counseling, or treatment, the
23Department may file, or the Board may recommend to the
24Department to file, a complaint to immediately suspend, revoke,
25or otherwise discipline the license of the individual. Any
26individual whose license was granted pursuant to this Act or

HB3395- 200 -LRB100 06973 SMS 17024 b
1continued, reinstated, renewed, disciplined or supervised,
2subject to such terms, conditions or restrictions who shall
3fail to comply with such terms, conditions or restrictions
4shall be referred to the Secretary for a determination as to
5whether the licensee shall have his or her license suspended
6immediately, pending a hearing by the Department. In instances
7in which the Secretary immediately suspends a license under
8this Section, a hearing upon such person's license must be
9convened by the Board within 30 days after such suspension and
10completed without appreciable delay. The Department and Board
11shall have the authority to review the subject administrator's
12record of treatment and counseling regarding the impairment, to
13the extent permitted by applicable federal statutes and
14regulations safeguarding the confidentiality of medical
15records.
16 An individual licensed under this Act, affected under this
17Section, shall be afforded an opportunity to demonstrate to the
18Department or Board that he or she can resume practice in
19compliance with acceptable and prevailing standards under the
20provisions of his or her license.
21 (b) Any individual or organization acting in good faith,
22and not in a wilful and wanton manner, in complying with this
23Act by providing any report or other information to the
24Department, or assisting in the investigation or preparation of
25such information, or by participating in proceedings of the
26Department, or by serving as a member of the Board, shall not,

HB3395- 201 -LRB100 06973 SMS 17024 b
1as a result of such actions, be subject to criminal prosecution
2or civil damages.
3 (c) Members of the Board, and persons retained under
4contract to assist and advise in an investigation, shall be
5indemnified by the State for any actions occurring within the
6scope of services on or for the Board, done in good faith and
7not wilful and wanton in nature. The Attorney General shall
8defend all such actions unless he or she determines either that
9there would be a conflict of interest in such representation or
10that the actions complained of were not in good faith or were
11wilful and wanton.
12 Should the Attorney General decline representation, a
13person entitled to indemnification under this Section shall
14have the right to employ counsel of his or her choice, whose
15fees shall be provided by the State, after approval by the
16Attorney General, unless there is a determination by a court
17that the member's actions were not in good faith or were wilful
18and wanton.
19 A person entitled to indemnification under this Section
20must notify the Attorney General within 7 days of receipt of
21notice of the initiation of any action involving services of
22the Board. Failure to so notify the Attorney General shall
23constitute an absolute waiver of the right to a defense and
24indemnification.
25 The Attorney General shall determine within 7 days after
26receiving such notice, whether he or she will undertake to

HB3395- 202 -LRB100 06973 SMS 17024 b
1represent a person entitled to indemnification under this
2Section.
3 (d) The determination by a circuit court that a licensee is
4subject to involuntary admission or judicial admission as
5provided in the Mental Health and Developmental Disabilities
6Code, as amended, operates as an automatic suspension. Such
7suspension will end only upon a finding by a court that the
8patient is no longer subject to involuntary admission or
9judicial admission and issues an order so finding and
10discharging the patient; and upon the recommendation of the
11Board to the Secretary that the licensee be allowed to resume
12his or her practice.
13 (e) The Department may refuse to issue or may suspend the
14license of any person who fails to file a return, or to pay the
15tax, penalty or interest shown in a filed return, or to pay any
16final assessment of tax, penalty or interest, as required by
17any tax Act administered by the Department of Revenue, until
18such time as the requirements of any such tax Act are
19satisfied.
20 (f) The Department of Public Health shall transmit to the
21Department a list of those facilities which receive an "A"
22violation as defined in Section 1-129 of the Nursing Home Care
23Act.
24(Source: P.A. 98-104, eff. 7-22-13; 98-990, eff. 8-18-14;
2599-180, eff. 7-29-15.)

HB3395- 203 -LRB100 06973 SMS 17024 b
1 Section 110. The Illinois Occupational Therapy Practice
2Act is amended by changing Section 19 as follows:
3 (225 ILCS 75/19) (from Ch. 111, par. 3719)
4 (Section scheduled to be repealed on January 1, 2024)
5 Sec. 19. Grounds for discipline.
6 (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand or take other
8disciplinary or non-disciplinary action as the Department may
9deem proper, including imposing fines not to exceed $10,000 for
10each violation and the assessment of costs as provided under
11Section 19.3 of this Act, with regard to any license for any
12one or combination of the following:
13 (1) Material misstatement in furnishing information to
14 the Department;
15 (2) Violations of this Act, or of the rules promulgated
16 thereunder;
17 (3) Conviction by plea of guilty or nolo contendere,
18 finding of guilt, jury verdict, or entry of judgment or
19 sentencing of any crime, including, but not limited to,
20 convictions, preceding sentences of supervision,
21 conditional discharge, or first offender probation, under
22 the laws of any jurisdiction of the United States that is
23 (i) a felony or (ii) a misdemeanor, an essential element of
24 which is dishonesty, or that is directly related to the
25 practice of the profession;

HB3395- 204 -LRB100 06973 SMS 17024 b
1 (4) Fraud or any misrepresentation in applying for or
2 procuring a license under this Act, or in connection with
3 applying for renewal of a license under this Act;
4 (5) Professional incompetence;
5 (6) Aiding or assisting another person, firm,
6 partnership or corporation in violating any provision of
7 this Act or rules;
8 (7) Failing, within 60 days, to provide information in
9 response to a written request made by the Department;
10 (8) Engaging in dishonorable, unethical or
11 unprofessional conduct of a character likely to deceive,
12 defraud or harm the public;
13 (9) Habitual or excessive use or abuse of drugs defined
14 in law as controlled substances, alcohol, or any other
15 substance that results in the inability to practice with
16 reasonable judgment, skill, or safety;
17 (10) Discipline by another state, unit of government,
18 government agency, the District of Columbia, a territory,
19 or foreign nation, if at least one of the grounds for the
20 discipline is the same or substantially equivalent to those
21 set forth herein;
22 (11) Directly or indirectly giving to or receiving from
23 any person, firm, corporation, partnership, or association
24 any fee, commission, rebate or other form of compensation
25 for professional services not actually or personally
26 rendered. Nothing in this paragraph (11) affects any bona

HB3395- 205 -LRB100 06973 SMS 17024 b
1 fide independent contractor or employment arrangements
2 among health care professionals, health facilities, health
3 care providers, or other entities, except as otherwise
4 prohibited by law. Any employment arrangements may include
5 provisions for compensation, health insurance, pension, or
6 other employment benefits for the provision of services
7 within the scope of the licensee's practice under this Act.
8 Nothing in this paragraph (11) shall be construed to
9 require an employment arrangement to receive professional
10 fees for services rendered;
11 (12) A finding by the Department that the license
12 holder, after having his license disciplined, has violated
13 the terms of the discipline;
14 (13) Wilfully making or filing false records or reports
15 in the practice of occupational therapy, including but not
16 limited to false records filed with the State agencies or
17 departments;
18 (14) Physical illness, including but not limited to,
19 deterioration through the aging process, or loss of motor
20 skill which results in the inability to practice under this
21 Act with reasonable judgment, skill, or safety;
22 (15) Solicitation of professional services other than
23 by permitted advertising;
24 (16) Allowing one's license under this Act to be used
25 by an unlicensed person in violation of this Act;
26 (17) Practicing under a false or, except as provided by

HB3395- 206 -LRB100 06973 SMS 17024 b
1 law, assumed name;
2 (18) Professional incompetence or gross negligence;
3 (19) Malpractice;
4 (20) Promotion of the sale of drugs, devices,
5 appliances, or goods provided for a patient in any manner
6 to exploit the client for financial gain of the licensee;
7 (21) Gross, willful, or continued overcharging for
8 professional services;
9 (22) Mental illness or disability that results in the
10 inability to practice under this Act with reasonable
11 judgment, skill, or safety;
12 (23) Violating the Health Care Worker Self-Referral
13 Act;
14 (24) Having treated patients other than by the practice
15 of occupational therapy as defined in this Act, or having
16 treated patients as a licensed occupational therapist
17 independent of a referral from a physician, advanced
18 practice nurse or physician assistant in accordance with
19 Section 3.1, dentist, podiatric physician, or optometrist,
20 or having failed to notify the physician, advanced practice
21 nurse, physician assistant, dentist, podiatric physician,
22 or optometrist who established a diagnosis that the patient
23 is receiving occupational therapy pursuant to that
24 diagnosis;
25 (25) Cheating on or attempting to subvert the licensing
26 examination administered under this Act; and

HB3395- 207 -LRB100 06973 SMS 17024 b
1 (26) Charging for professional services not rendered,
2 including filing false statements for the collection of
3 fees for which services are not rendered.
4 No consideration shall be given to convictions entered
5prior to the date of the application, where the applicant has
6completed any sentence imposed for that conviction, including
7any period of mandatory supervised release.
8 All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the fine
10or in accordance with the terms set forth in the order imposing
11the fine.
12 (b) The determination by a circuit court that a license
13holder is subject to involuntary admission or judicial
14admission as provided in the Mental Health and Developmental
15Disabilities Code, as now or hereafter amended, operates as an
16automatic suspension. Such suspension will end only upon a
17finding by a court that the patient is no longer subject to
18involuntary admission or judicial admission and an order by the
19court so finding and discharging the patient. In any case where
20a license is suspended under this provision, the licensee shall
21file a petition for restoration and shall include evidence
22acceptable to the Department that the licensee can resume
23practice in compliance with acceptable and prevailing
24standards of their profession.
25 (c) The Department may refuse to issue or may suspend
26without hearing, as provided for in the Code of Civil

HB3395- 208 -LRB100 06973 SMS 17024 b
1Procedure, the license of any person who fails to file a
2return, to pay the tax, penalty, or interest shown in a filed
3return, or to pay any final assessment of tax, penalty, or
4interest as required by any tax Act administered by the
5Illinois Department of Revenue, until such time as the
6requirements of any such tax Act are satisfied in accordance
7with subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10 (d) In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual who
12is licensed under this Act or any individual who has applied
13for licensure to submit to a mental or physical examination or
14evaluation, or both, which may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation.
20The multidisciplinary team shall be led by a physician licensed
21to practice medicine in all of its branches and may consist of
22one or more or a combination of physicians licensed to practice
23medicine in all of its branches, licensed chiropractic
24physicians, licensed clinical psychologists, licensed clinical
25social workers, licensed clinical professional counselors, and
26other professional and administrative staff. Any examining

HB3395- 209 -LRB100 06973 SMS 17024 b
1physician or member of the multidisciplinary team may require
2any person ordered to submit to an examination and evaluation
3pursuant to this Section to submit to any additional
4supplemental testing deemed necessary to complete any
5examination or evaluation process, including, but not limited
6to, blood testing, urinalysis, psychological testing, or
7neuropsychological testing.
8 The Department may order the examining physician or any
9member of the multidisciplinary team to provide to the
10Department any and all records, including business records,
11that relate to the examination and evaluation, including any
12supplemental testing performed. The Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this examination and
15evaluation of the licensee or applicant, including testimony
16concerning any supplemental testing or documents relating to
17the examination and evaluation. No information, report,
18record, or other documents in any way related to the
19examination and evaluation shall be excluded by reason of any
20common law or statutory privilege relating to communication
21between the licensee or applicant and the examining physician
22or any member of the multidisciplinary team. No authorization
23is necessary from the licensee or applicant ordered to undergo
24an evaluation and examination for the examining physician or
25any member of the multidisciplinary team to provide
26information, reports, records, or other documents or to provide

HB3395- 210 -LRB100 06973 SMS 17024 b
1any testimony regarding the examination and evaluation. The
2individual to be examined may have, at his or her own expense,
3another physician of his or her choice present during all
4aspects of the examination.
5 Failure of any individual to submit to mental or physical
6examination or evaluation, or both, when directed, shall result
7in an automatic suspension without hearing, until such time as
8the individual submits to the examination. If the Department
9finds a licensee unable to practice because of the reasons set
10forth in this Section, the Department shall require the
11licensee to submit to care, counseling, or treatment by
12physicians approved or designated by the Department as a
13condition for continued, reinstated, or renewed licensure.
14 When the Secretary immediately suspends a license under
15this Section, a hearing upon such person's license must be
16convened by the Department within 15 days after the suspension
17and completed without appreciable delay. The Department shall
18have the authority to review the licensee's record of treatment
19and counseling regarding the impairment to the extent permitted
20by applicable federal statutes and regulations safeguarding
21the confidentiality of medical records.
22 Individuals licensed under this Act that are affected under
23this Section, shall be afforded an opportunity to demonstrate
24to the Department that they can resume practice in compliance
25with acceptable and prevailing standards under the provisions
26of their license.

HB3395- 211 -LRB100 06973 SMS 17024 b
1 (e) The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with paragraph (5) of
6subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9 (f) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with paragraph (5)
18of subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
20Illinois.
21(Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13;
2298-756, eff. 7-16-14.)
23 Section 115. The Illinois Optometric Practice Act of 1987
24is amended by changing Section 24 as follows:

HB3395- 212 -LRB100 06973 SMS 17024 b
1 (225 ILCS 80/24) (from Ch. 111, par. 3924)
2 (Section scheduled to be repealed on January 1, 2027)
3 Sec. 24. Grounds for disciplinary action.
4 (a) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary or non-disciplinary action as the Department may
7deem appropriate, including fines not to exceed $10,000 for
8each violation, with regard to any license for any one or
9combination of the causes set forth in subsection (a-3) of this
10Section. All fines collected under this Section shall be
11deposited in the Optometric Licensing and Disciplinary Board
12Fund. Any fine imposed shall be payable within 60 days after
13the effective date of the order imposing the fine.
14 (a-3) Grounds for disciplinary action include the
15following:
16 (1) Violations of this Act, or of the rules promulgated
17 hereunder.
18 (2) Conviction of or entry of a plea of guilty to any
19 crime under the laws of any U.S. jurisdiction thereof that
20 is a felony or that is a misdemeanor of which an essential
21 element is dishonesty, or any crime that is directly
22 related to the practice of the profession.
23 (3) Making any misrepresentation for the purpose of
24 obtaining a license.
25 (4) Professional incompetence or gross negligence in
26 the practice of optometry.

HB3395- 213 -LRB100 06973 SMS 17024 b
1 (5) Gross malpractice, prima facie evidence of which
2 may be a conviction or judgment of malpractice in any court
3 of competent jurisdiction.
4 (6) Aiding or assisting another person in violating any
5 provision of this Act or rules.
6 (7) Failing, within 60 days, to provide information in
7 response to a written request made by the Department that
8 has been sent by certified or registered mail to the
9 licensee's last known address.
10 (8) Engaging in dishonorable, unethical, or
11 unprofessional conduct of a character likely to deceive,
12 defraud, or harm the public.
13 (9) Habitual or excessive use or addiction to alcohol,
14 narcotics, stimulants or any other chemical agent or drug
15 that results in the inability to practice with reasonable
16 judgment, skill, or safety.
17 (10) Discipline by another U.S. jurisdiction or
18 foreign nation, if at least one of the grounds for the
19 discipline is the same or substantially equivalent to those
20 set forth herein.
21 (11) Violation of the prohibition against fee
22 splitting in Section 24.2 of this Act.
23 (12) A finding by the Department that the licensee,
24 after having his or her license placed on probationary
25 status has violated the terms of probation.
26 (13) Abandonment of a patient.

HB3395- 214 -LRB100 06973 SMS 17024 b
1 (14) Willfully making or filing false records or
2 reports in his or her practice, including but not limited
3 to false records filed with State agencies or departments.
4 (15) Willfully failing to report an instance of
5 suspected abuse or neglect as required by law.
6 (16) Physical illness, including but not limited to,
7 deterioration through the aging process, or loss of motor
8 skill, mental illness, or disability that results in the
9 inability to practice the profession with reasonable
10 judgment, skill, or safety.
11 (17) Solicitation of professional services other than
12 permitted advertising.
13 (18) Failure to provide a patient with a copy of his or
14 her record or prescription in accordance with federal law.
15 (19) Conviction by any court of competent
16 jurisdiction, either within or without this State, of any
17 violation of any law governing the practice of optometry,
18 conviction in this or another State of any crime that is a
19 felony under the laws of this State or conviction of a
20 felony in a federal court, if the Department determines,
21 after investigation, that such person has not been
22 sufficiently rehabilitated to warrant the public trust.
23 (20) A finding that licensure has been applied for or
24 obtained by fraudulent means.
25 (21) Continued practice by a person knowingly having an
26 infectious or contagious disease.

HB3395- 215 -LRB100 06973 SMS 17024 b
1 (22) Being named as a perpetrator in an indicated
2 report by the Department of Children and Family Services
3 under the Abused and Neglected Child Reporting Act, and
4 upon proof by clear and convincing evidence that the
5 licensee has caused a child to be an abused child or a
6 neglected child as defined in the Abused and Neglected
7 Child Reporting Act.
8 (23) Practicing or attempting to practice under a name
9 other than the full name as shown on his or her license.
10 (24) Immoral conduct in the commission of any act, such
11 as sexual abuse, sexual misconduct or sexual exploitation,
12 related to the licensee's practice.
13 (25) Maintaining a professional relationship with any
14 person, firm, or corporation when the optometrist knows, or
15 should know, that such person, firm, or corporation is
16 violating this Act.
17 (26) Promotion of the sale of drugs, devices,
18 appliances or goods provided for a client or patient in
19 such manner as to exploit the patient or client for
20 financial gain of the licensee.
21 (27) Using the title "Doctor" or its abbreviation
22 without further qualifying that title or abbreviation with
23 the word "optometry" or "optometrist".
24 (28) Use by a licensed optometrist of the word
25 "infirmary", "hospital", "school", "university", in
26 English or any other language, in connection with the place

HB3395- 216 -LRB100 06973 SMS 17024 b
1 where optometry may be practiced or demonstrated unless the
2 licensee is employed by and practicing at a location that
3 is licensed as a hospital or accredited as a school or
4 university.
5 (29) Continuance of an optometrist in the employ of any
6 person, firm or corporation, or as an assistant to any
7 optometrist or optometrists, directly or indirectly, after
8 his or her employer or superior has been found guilty of
9 violating or has been enjoined from violating the laws of
10 the State of Illinois relating to the practice of
11 optometry, when the employer or superior persists in that
12 violation.
13 (30) The performance of optometric service in
14 conjunction with a scheme or plan with another person, firm
15 or corporation known to be advertising in a manner contrary
16 to this Act or otherwise violating the laws of the State of
17 Illinois concerning the practice of optometry.
18 (31) Failure to provide satisfactory proof of having
19 participated in approved continuing education programs as
20 determined by the Board and approved by the Secretary.
21 Exceptions for extreme hardships are to be defined by the
22 rules of the Department.
23 (32) Willfully making or filing false records or
24 reports in the practice of optometry, including, but not
25 limited to false records to support claims against the
26 medical assistance program of the Department of Healthcare

HB3395- 217 -LRB100 06973 SMS 17024 b
1 and Family Services (formerly Department of Public Aid)
2 under the Illinois Public Aid Code.
3 (33) Gross and willful overcharging for professional
4 services including filing false statements for collection
5 of fees for which services are not rendered, including, but
6 not limited to filing false statements for collection of
7 monies for services not rendered from the medical
8 assistance program of the Department of Healthcare and
9 Family Services (formerly Department of Public Aid) under
10 the Illinois Public Aid Code.
11 (34) In the absence of good reasons to the contrary,
12 failure to perform a minimum eye examination as required by
13 the rules of the Department.
14 (35) Violation of the Health Care Worker Self-Referral
15 Act.
16 No consideration shall be given to convictions entered
17prior to the date of the application, where the applicant has
18completed any sentence imposed for that conviction, including
19any period of mandatory supervised release.
20 The Department shall refuse to issue or shall suspend the
21license of any person who fails to file a return, or to pay the
22tax, penalty or interest shown in a filed return, or to pay any
23final assessment of the tax, penalty or interest, as required
24by any tax Act administered by the Illinois Department of
25Revenue, until such time as the requirements of any such tax
26Act are satisfied.

HB3395- 218 -LRB100 06973 SMS 17024 b
1 (a-5) In enforcing this Section, the Board or Department,
2upon a showing of a possible violation, may compel any
3individual licensed to practice under this Act, or who has
4applied for licensure or certification pursuant to this Act, to
5submit to a mental or physical examination, or both, as
6required by and at the expense of the Department. The examining
7physicians or clinical psychologists shall be those
8specifically designated by the Department. The Board or the
9Department may order the examining physician or clinical
10psychologist to present testimony concerning this mental or
11physical examination of the licensee or applicant. No
12information shall be excluded by reason of any common law or
13statutory privilege relating to communications between the
14licensee or applicant and the examining physician or clinical
15psychologist. Eye examinations may be provided by a licensed
16optometrist. The individual to be examined may have, at his or
17her own expense, another physician of his or her choice present
18during all aspects of the examination. Failure of any
19individual to submit to a mental or physical examination, when
20directed, shall be grounds for suspension of a license until
21such time as the individual submits to the examination if the
22Board or Department finds, after notice and hearing, that the
23refusal to submit to the examination was without reasonable
24cause.
25 If the Board or Department finds an individual unable to
26practice because of the reasons set forth in this Section, the

HB3395- 219 -LRB100 06973 SMS 17024 b
1Board or Department shall require such individual to submit to
2care, counseling, or treatment by physicians or clinical
3psychologists approved or designated by the Department, as a
4condition, term, or restriction for continued, reinstated, or
5renewed licensure to practice, or in lieu of care, counseling,
6or treatment, the Board may recommend to the Department to file
7a complaint to immediately suspend, revoke, or otherwise
8discipline the license of the individual, or the Board may
9recommend to the Department to file a complaint to suspend,
10revoke, or otherwise discipline the license of the individual.
11Any individual whose license was granted pursuant to this Act,
12or continued, reinstated, renewed, disciplined, or supervised,
13subject to such conditions, terms, or restrictions, who shall
14fail to comply with such conditions, terms, or restrictions,
15shall be referred to the Secretary for a determination as to
16whether the individual shall have his or her license suspended
17immediately, pending a hearing by the Board.
18 (b) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the patient is no
23longer subject to involuntary admission or judicial admission
24and issues an order so finding and discharging the patient; and
25upon the recommendation of the Board to the Secretary that the
26licensee be allowed to resume his or her practice.

HB3395- 220 -LRB100 06973 SMS 17024 b
1(Source: P.A. 99-43, eff. 1-1-16; 99-909, eff. 1-1-17.)
2 Section 120. The Orthotics, Prosthetics, and Pedorthics
3Practice Act is amended by changing Section 90 as follows:
4 (225 ILCS 84/90)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 90. Grounds for discipline.
7 (a) The Department may refuse to issue or renew a license,
8or may revoke or suspend a license, or may suspend, place on
9probation, or reprimand a licensee or take other disciplinary
10or non-disciplinary action as the Department may deem proper,
11including, but not limited to, the imposition of fines not to
12exceed $10,000 for each violation for one or any combination of
13the following:
14 (1) Making a material misstatement in furnishing
15 information to the Department or the Board.
16 (2) Violations of or negligent or intentional
17 disregard of this Act or its rules.
18 (3) Conviction of, or entry of a plea of guilty or nolo
19 contendere to any crime that is a felony under the laws of
20 the United States or any state or territory thereof or that
21 is a misdemeanor of which an essential element is
22 dishonesty, or any crime that is directly related to the
23 practice of the profession.
24 (4) Making a misrepresentation for the purpose of

HB3395- 221 -LRB100 06973 SMS 17024 b
1 obtaining a license.
2 (5) A pattern of practice or other behavior that
3 demonstrates incapacity or incompetence to practice under
4 this Act.
5 (6) Gross negligence under this Act.
6 (7) Aiding or assisting another person in violating a
7 provision of this Act or its rules.
8 (8) Failing to provide information within 60 days in
9 response to a written request made by the Department.
10 (9) Engaging in dishonorable, unethical, or
11 unprofessional conduct or conduct of a character likely to
12 deceive, defraud, or harm the public.
13 (10) Inability to practice with reasonable judgment,
14 skill, or safety as a result of habitual or excessive use
15 or addiction to alcohol, narcotics, stimulants, or any
16 other chemical agent or drug.
17 (11) Discipline by another state or territory of the
18 United States, the federal government, or foreign nation,
19 if at least one of the grounds for the discipline is the
20 same or substantially equivalent to one set forth in this
21 Section.
22 (12) Directly or indirectly giving to or receiving from
23 a person, firm, corporation, partnership, or association a
24 fee, commission, rebate, or other form of compensation for
25 professional services not actually or personally rendered.
26 Nothing in this paragraph (12) affects any bona fide

HB3395- 222 -LRB100 06973 SMS 17024 b
1 independent contractor or employment arrangements among
2 health care professionals, health facilities, health care
3 providers, or other entities, except as otherwise
4 prohibited by law. Any employment arrangements may include
5 provisions for compensation, health insurance, pension, or
6 other employment benefits for the provision of services
7 within the scope of the licensee's practice under this Act.
8 Nothing in this paragraph (12) shall be construed to
9 require an employment arrangement to receive professional
10 fees for services rendered.
11 (13) A finding by the Board that the licensee or
12 registrant, after having his or her license placed on
13 probationary status, has violated the terms of probation.
14 (14) Abandonment of a patient or client.
15 (15) Willfully making or filing false records or
16 reports in his or her practice including, but not limited
17 to, false records filed with State agencies or departments.
18 (16) Willfully failing to report an instance of
19 suspected child abuse or neglect as required by the Abused
20 and Neglected Child Reporting Act.
21 (17) Inability to practice the profession with
22 reasonable judgment, skill, or safety as a result of a
23 physical illness, including, but not limited to,
24 deterioration through the aging process or loss of motor
25 skill, or a mental illness or disability.
26 (18) Solicitation of professional services using false

HB3395- 223 -LRB100 06973 SMS 17024 b
1 or misleading advertising.
2 No consideration shall be given to convictions entered
3prior to the date of the application, where the applicant has
4completed any sentence imposed for that conviction, including
5any period of mandatory supervised release.
6 (b) In enforcing this Section, the Department or Board upon
7a showing of a possible violation, may compel a licensee or
8applicant to submit to a mental or physical examination, or
9both, as required by and at the expense of the Department. The
10Department or Board may order the examining physician to
11present testimony concerning the mental or physical
12examination of the licensee or applicant. No information shall
13be excluded by reason of any common law or statutory privilege
14relating to communications between the licensee or applicant
15and the examining physician. The examining physicians shall be
16specifically designated by the Board or Department. The
17individual to be examined may have, at his or her own expense,
18another physician of his or her choice present during all
19aspects of this examination. Failure of an individual to submit
20to a mental or physical examination, when directed, shall be
21grounds for the immediate suspension of his or her license
22until the individual submits to the examination if the
23Department finds that the refusal to submit to the examination
24was without reasonable cause as defined by rule.
25 In instances in which the Secretary immediately suspends a
26person's license for his or her failure to submit to a mental

HB3395- 224 -LRB100 06973 SMS 17024 b
1or physical examination, when directed, a hearing on that
2person's license must be convened by the Department within 15
3days after the suspension and completed without appreciable
4delay.
5 In instances in which the Secretary otherwise suspends a
6person's license pursuant to the results of a compelled mental
7or physical examination, a hearing on that person's license
8must be convened by the Department within 15 days after the
9suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15 An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department or Board that he or she can resume practice in
18compliance with acceptable and prevailing standards under the
19provisions of his or her license.
20 (c) The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with subsection (a)(5) of
25Section 2105-15 of the Department of Professional Regulation
26Law of the Civil Administrative Code of Illinois (20 ILCS

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12105/2105-15).
2 (d) In cases where the Department of Healthcare and Family
3Services (formerly Department of Public Aid) has previously
4determined that a licensee or a potential licensee is more than
530 days delinquent in the payment of child support and has
6subsequently certified the delinquency to the Department, the
7Department may refuse to issue or renew or may revoke or
8suspend that person's license or may take other disciplinary
9action against that person based solely upon the certification
10of delinquency made by the Department of Healthcare and Family
11Services in accordance with subsection (a)(5) of Section
122105-15 of the Department of Professional Regulation Law of the
13Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
14 (e) The Department may refuse to issue or renew a license,
15or may revoke or suspend a license, for failure to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Department of Revenue, until such time as the requirements of
20the tax Act are satisfied in accordance with subsection (g) of
21Section 2105-15 of the Department of Professional Regulation
22Law of the Civil Administrative Code of Illinois (20 ILCS
232105/2105-15).
24(Source: P.A. 98-756, eff. 7-16-14.)
25 Section 125. The Pharmacy Practice Act is amended by

HB3395- 226 -LRB100 06973 SMS 17024 b
1changing Section 30 as follows:
2 (225 ILCS 85/30) (from Ch. 111, par. 4150)
3 (Section scheduled to be repealed on January 1, 2018)
4 Sec. 30. Refusal, revocation, or suspension.
5 (a) The Department may refuse to issue or renew, or may
6revoke a license or registration, or may suspend, place on
7probation, fine, or take any disciplinary or non-disciplinary
8action as the Department may deem proper, including fines not
9to exceed $10,000 for each violation, with regard to any
10licensee or registrant for any one or combination of the
11following causes:
12 1. Material misstatement in furnishing information to
13 the Department.
14 2. Violations of this Act, or the rules promulgated
15 hereunder.
16 3. Making any misrepresentation for the purpose of
17 obtaining licenses.
18 4. A pattern of conduct which demonstrates
19 incompetence or unfitness to practice.
20 5. Aiding or assisting another person in violating any
21 provision of this Act or rules.
22 6. Failing, within 60 days, to respond to a written
23 request made by the Department for information.
24 7. Engaging in unprofessional, dishonorable, or
25 unethical conduct of a character likely to deceive, defraud

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1 or harm the public.
2 8. Discipline by another U.S. jurisdiction or foreign
3 nation, if at least one of the grounds for the discipline
4 is the same or substantially equivalent to those set forth
5 herein.
6 9. Directly or indirectly giving to or receiving from
7 any person, firm, corporation, partnership, or association
8 any fee, commission, rebate or other form of compensation
9 for any professional services not actually or personally
10 rendered. Nothing in this item 9 affects any bona fide
11 independent contractor or employment arrangements among
12 health care professionals, health facilities, health care
13 providers, or other entities, except as otherwise
14 prohibited by law. Any employment arrangements may include
15 provisions for compensation, health insurance, pension, or
16 other employment benefits for the provision of services
17 within the scope of the licensee's practice under this Act.
18 Nothing in this item 9 shall be construed to require an
19 employment arrangement to receive professional fees for
20 services rendered.
21 10. A finding by the Department that the licensee,
22 after having his license placed on probationary status has
23 violated the terms of probation.
24 11. Selling or engaging in the sale of drug samples
25 provided at no cost by drug manufacturers.
26 12. Physical illness, including but not limited to,

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1 deterioration through the aging process, or loss of motor
2 skill which results in the inability to practice the
3 profession with reasonable judgment, skill or safety.
4 13. A finding that licensure or registration has been
5 applied for or obtained by fraudulent means.
6 14. The applicant or licensee has been convicted in
7 state or federal court of or entered a plea of guilty, nolo
8 contendere, or the equivalent in a state or federal court
9 to any crime which is a felony or any misdemeanor related
10 to the practice of pharmacy or which an essential element
11 is dishonesty.
12 15. Habitual or excessive use or addiction to alcohol,
13 narcotics, stimulants or any other chemical agent or drug
14 which results in the inability to practice with reasonable
15 judgment, skill or safety.
16 16. Willfully making or filing false records or reports
17 in the practice of pharmacy, including, but not limited to
18 false records to support claims against the medical
19 assistance program of the Department of Healthcare and
20 Family Services (formerly Department of Public Aid) under
21 the Public Aid Code.
22 17. Gross and willful overcharging for professional
23 services including filing false statements for collection
24 of fees for which services are not rendered, including, but
25 not limited to, filing false statements for collection of
26 monies for services not rendered from the medical

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1 assistance program of the Department of Healthcare and
2 Family Services (formerly Department of Public Aid) under
3 the Public Aid Code.
4 18. Dispensing prescription drugs without receiving a
5 written or oral prescription in violation of law.
6 19. Upon a finding of a substantial discrepancy in a
7 Department audit of a prescription drug, including
8 controlled substances, as that term is defined in this Act
9 or in the Illinois Controlled Substances Act.
10 20. Physical or mental illness or any other impairment
11 or disability, including without limitation deterioration
12 through the aging process or loss of motor skills that
13 results in the inability to practice with reasonable
14 judgment, skill or safety, or mental incompetence, as
15 declared by a court of competent jurisdiction.
16 21. Violation of the Health Care Worker Self-Referral
17 Act.
18 22. Failing to sell or dispense any drug, medicine, or
19 poison in good faith. "Good faith", for the purposes of
20 this Section, has the meaning ascribed to it in subsection
21 (u) of Section 102 of the Illinois Controlled Substances
22 Act. "Good faith", as used in this item (22), shall not be
23 limited to the sale or dispensing of controlled substances,
24 but shall apply to all prescription drugs.
25 23. Interfering with the professional judgment of a
26 pharmacist by any registrant under this Act, or his or her

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1 agents or employees.
2 24. Failing to report within 60 days to the Department
3 any adverse final action taken against a pharmacist,
4 pharmacist technician, or certified pharmacist technician
5 by another licensing jurisdiction in any other state or any
6 territory of the United States or any foreign jurisdiction,
7 any governmental agency, any law enforcement agency, or any
8 court for acts or conduct similar to acts or conduct that
9 would constitute grounds for discipline as defined in this
10 Section.
11 25. Failing to comply with a subpoena issued in
12 accordance with Section 35.5 of this Act.
13 26. Disclosing protected health information in
14 violation of any State or federal law.
15 No consideration shall be given to convictions entered
16prior to the date of the application, where the applicant has
17completed any sentence imposed for that conviction, including
18any period of mandatory supervised release.
19 (b) The Department may refuse to issue or may suspend the
20license or registration of any person who fails to file a
21return, or to pay the tax, penalty or interest shown in a filed
22return, or to pay any final assessment of tax, penalty or
23interest, as required by any tax Act administered by the
24Illinois Department of Revenue, until such time as the
25requirements of any such tax Act are satisfied.
26 (c) The Department shall revoke the license or certificate

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1of registration issued under the provisions of this Act or any
2prior Act of this State of any person who has been convicted a
3second time of committing any felony under the Illinois
4Controlled Substances Act, or who has been convicted a second
5time of committing a Class 1 felony under Sections 8A-3 and
68A-6 of the Illinois Public Aid Code. A person whose license or
7certificate of registration issued under the provisions of this
8Act or any prior Act of this State is revoked under this
9subsection (c) shall be prohibited from engaging in the
10practice of pharmacy in this State.
11 (d) Fines may be imposed in conjunction with other forms of
12disciplinary action, but shall not be the exclusive disposition
13of any disciplinary action arising out of conduct resulting in
14death or injury to a patient. Fines shall be paid within 60
15days or as otherwise agreed to by the Department. Any funds
16collected from such fines shall be deposited in the Illinois
17State Pharmacy Disciplinary Fund.
18 (e) The entry of an order or judgment by any circuit court
19establishing that any person holding a license or certificate
20under this Act is a person in need of mental treatment operates
21as a suspension of that license. A licensee may resume his or
22her practice only upon the entry of an order of the Department
23based upon a finding by the Board that he or she has been
24determined to be recovered from mental illness by the court and
25upon the Board's recommendation that the licensee be permitted