Bill Text: IL SB0454 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2015-04-28 - Alternate Chief Sponsor Changed to Rep. Reginald Phillips [SB0454 Detail]
Download: Illinois-2015-SB0454-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Department of Professional Regulation Law of | ||||||
5 | the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Sections 2105-15 and 2105-207 as follows:
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7 | (20 ILCS 2105/2105-15)
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8 | Sec. 2105-15. General powers and duties.
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9 | (a) The Department has, subject to the provisions of the | ||||||
10 | Civil
Administrative Code of Illinois, the following powers and | ||||||
11 | duties:
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12 | (1) To authorize examinations in English to ascertain | ||||||
13 | the qualifications
and fitness of applicants to exercise | ||||||
14 | the profession, trade, or occupation for
which the | ||||||
15 | examination is held.
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16 | (2) To prescribe rules and regulations for a fair and | ||||||
17 | wholly
impartial method of examination of candidates to | ||||||
18 | exercise the respective
professions, trades, or | ||||||
19 | occupations.
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20 | (3) To pass upon the qualifications of applicants for | ||||||
21 | licenses,
certificates, and authorities, whether by | ||||||
22 | examination, by reciprocity, or by
endorsement.
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23 | (4) To prescribe rules and regulations defining, for |
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1 | the
respective
professions, trades, and occupations, what | ||||||
2 | shall constitute a school,
college, or university, or | ||||||
3 | department of a university, or other
institution, | ||||||
4 | reputable and in good standing, and to determine the
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5 | reputability and good standing of a school, college, or | ||||||
6 | university, or
department of a university, or other | ||||||
7 | institution, reputable and in good
standing, by reference | ||||||
8 | to a compliance with those rules and regulations;
provided, | ||||||
9 | that no school, college, or university, or department of a
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10 | university, or other institution that refuses admittance | ||||||
11 | to applicants
solely on account of race, color, creed, sex, | ||||||
12 | or national origin shall be
considered reputable and in | ||||||
13 | good standing.
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14 | (5) To conduct hearings on proceedings to revoke, | ||||||
15 | suspend, refuse to
renew, place on probationary status, or | ||||||
16 | take other disciplinary action
as authorized in any | ||||||
17 | licensing Act administered by the Department
with regard to | ||||||
18 | licenses, certificates, or authorities of persons
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19 | exercising the respective professions, trades, or | ||||||
20 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
21 | on probationary status, or take
other disciplinary action | ||||||
22 | as authorized in any licensing Act
administered by the | ||||||
23 | Department with regard to those licenses,
certificates, or | ||||||
24 | authorities. The Department shall issue a monthly
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25 | disciplinary report. The Department shall deny any license | ||||||
26 | or
renewal authorized by the Civil Administrative Code of |
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1 | Illinois to any person
who has defaulted on an
educational | ||||||
2 | loan or scholarship provided by or guaranteed by the | ||||||
3 | Illinois
Student Assistance Commission or any governmental | ||||||
4 | agency of this State;
however, the Department may issue a | ||||||
5 | license or renewal if the
aforementioned persons have | ||||||
6 | established a satisfactory repayment record as
determined | ||||||
7 | by the Illinois Student Assistance Commission or other | ||||||
8 | appropriate
governmental agency of this State. | ||||||
9 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
10 | the Department may be suspended or revoked if the
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11 | Department, after the opportunity for a hearing under the | ||||||
12 | appropriate licensing
Act, finds that the licensee has | ||||||
13 | failed to make satisfactory repayment to the
Illinois | ||||||
14 | Student Assistance Commission for a delinquent or | ||||||
15 | defaulted loan.
For the purposes of this Section, | ||||||
16 | "satisfactory repayment record" shall be
defined by rule. | ||||||
17 | The Department shall refuse to issue or renew a license to,
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18 | or shall suspend or revoke a license of, any person who, | ||||||
19 | after receiving
notice, fails to comply with a subpoena or | ||||||
20 | warrant relating to a paternity or
child support | ||||||
21 | proceeding. However, the Department may issue a license or
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22 | renewal upon compliance with the subpoena or warrant.
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23 | The Department, without further process or hearings, | ||||||
24 | shall revoke, suspend,
or deny any license or renewal | ||||||
25 | authorized by the Civil Administrative Code of
Illinois to | ||||||
26 | a person who is certified by the Department of Healthcare |
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1 | and Family Services (formerly Illinois Department of | ||||||
2 | Public Aid)
as being more than 30 days delinquent in | ||||||
3 | complying with a child support order
or who is certified by | ||||||
4 | a court as being in violation of the Non-Support
Punishment | ||||||
5 | Act for more than 60 days. The Department may, however, | ||||||
6 | issue a
license or renewal if the person has established a | ||||||
7 | satisfactory repayment
record as determined by the | ||||||
8 | Department of Healthcare and Family Services (formerly
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9 | Illinois Department of Public Aid) or if the person
is | ||||||
10 | determined by the court to be in compliance with the | ||||||
11 | Non-Support Punishment
Act. The Department may implement | ||||||
12 | this paragraph as added by Public Act 89-6
through the use | ||||||
13 | of emergency rules in accordance with Section 5-45 of the
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14 | Illinois Administrative Procedure Act. For purposes of the | ||||||
15 | Illinois
Administrative Procedure Act, the adoption of | ||||||
16 | rules to implement this
paragraph shall be considered an | ||||||
17 | emergency and necessary for the public
interest, safety, | ||||||
18 | and welfare.
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19 | (6) To transfer jurisdiction of any realty under the | ||||||
20 | control of the
Department to any other department of the | ||||||
21 | State Government or to acquire
or accept federal lands when | ||||||
22 | the transfer, acquisition, or acceptance is
advantageous | ||||||
23 | to the State and is approved in writing by the Governor.
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24 | (7) To formulate rules and regulations necessary for | ||||||
25 | the enforcement of
any Act administered by the Department.
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26 | (8) To exchange with the Department of Healthcare and |
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1 | Family Services information
that may be necessary for the | ||||||
2 | enforcement of child support orders entered
pursuant to the | ||||||
3 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
4 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
5 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
6 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
7 | Interstate Family Support Act, or the Illinois Parentage | ||||||
8 | Act of 1984.
Notwithstanding any provisions in this Code to | ||||||
9 | the contrary, the Department of
Professional Regulation | ||||||
10 | shall not be liable under any federal or State law to
any | ||||||
11 | person for any disclosure of information to the Department | ||||||
12 | of Healthcare and Family Services (formerly Illinois | ||||||
13 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
14 | any other action taken in good faith
to comply with the | ||||||
15 | requirements of this paragraph (8).
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16 | (8.5) To accept continuing education credit for | ||||||
17 | mandated reporter training on how to recognize and report | ||||||
18 | child abuse offered by the Department of Children and | ||||||
19 | Family Services and completed by any person who holds a | ||||||
20 | professional license issued by the Department and who is a | ||||||
21 | mandated reporter under the Abused and Neglected Child | ||||||
22 | Reporting Act. The Department shall adopt any rules | ||||||
23 | necessary to implement this paragraph. | ||||||
24 | (9) To perform other duties prescribed
by law.
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25 | (a-5) Except in cases involving default on an educational | ||||||
26 | loan or scholarship provided by or guaranteed by the Illinois |
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1 | Student Assistance Commission or any governmental agency of | ||||||
2 | this State or in cases involving delinquency in complying with | ||||||
3 | a child support order or violation of the Non-Support | ||||||
4 | Punishment Act, no person or entity whose license, certificate, | ||||||
5 | or authority has been revoked as authorized in any licensing | ||||||
6 | Act administered by the Department may apply for restoration of | ||||||
7 | that license, certification, or authority until 3 years after | ||||||
8 | the effective date of the revocation. | ||||||
9 | (b) The Department may, when a fee is payable to the | ||||||
10 | Department for a wall
certificate of registration provided by | ||||||
11 | the Department of Central Management
Services, require that | ||||||
12 | portion of the payment for printing and distribution
costs be | ||||||
13 | made directly or through the Department to the Department of | ||||||
14 | Central
Management Services for deposit into the Paper and | ||||||
15 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
16 | the General Revenue Fund.
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17 | (c) For the purpose of securing and preparing evidence, and | ||||||
18 | for the purchase
of controlled substances, professional | ||||||
19 | services, and equipment necessary for
enforcement activities, | ||||||
20 | recoupment of investigative costs, and other activities
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21 | directed at suppressing the misuse and abuse of controlled | ||||||
22 | substances,
including those activities set forth in Sections | ||||||
23 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
24 | Director and agents appointed and authorized by
the Director | ||||||
25 | may expend sums from the Professional Regulation Evidence Fund
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26 | that the Director deems necessary from the amounts appropriated |
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1 | for that
purpose. Those sums may be advanced to the agent when | ||||||
2 | the Director deems that
procedure to be in the public interest. | ||||||
3 | Sums for the purchase of controlled
substances, professional | ||||||
4 | services, and equipment necessary for enforcement
activities | ||||||
5 | and other activities as set forth in this Section shall be | ||||||
6 | advanced
to the agent who is to make the purchase from the | ||||||
7 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
8 | Director. The Director and those
agents are authorized to | ||||||
9 | maintain one or more commercial checking accounts with
any | ||||||
10 | State banking corporation or corporations organized under or | ||||||
11 | subject to the
Illinois Banking Act for the deposit and | ||||||
12 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
13 | this Section; provided, that no check may be written
nor any | ||||||
14 | withdrawal made from any such account except upon the written
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15 | signatures of 2 persons designated by the Director to write | ||||||
16 | those checks and
make those withdrawals. Vouchers for those | ||||||
17 | expenditures must be signed by the
Director. All such | ||||||
18 | expenditures shall be audited by the Director, and the
audit | ||||||
19 | shall be submitted to the Department of Central Management | ||||||
20 | Services for
approval.
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21 | (d) Whenever the Department is authorized or required by | ||||||
22 | law to consider
some aspect of criminal history record | ||||||
23 | information for the purpose of carrying
out its statutory | ||||||
24 | powers and responsibilities, then, upon request and payment
of | ||||||
25 | fees in conformance with the requirements of Section 2605-400 | ||||||
26 | of the
Department of State Police Law (20 ILCS 2605/2605-400), |
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1 | the Department of State
Police is authorized to furnish, | ||||||
2 | pursuant to positive identification, the
information contained | ||||||
3 | in State files that is necessary to fulfill the request.
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4 | (e) The provisions of this Section do not apply to private | ||||||
5 | business and
vocational schools as defined by Section 15 of the | ||||||
6 | Private Business and
Vocational Schools Act of 2012.
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7 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
8 | those
professions, trades, and occupations licensed under the | ||||||
9 | Real Estate License
Act of 2000, nor does it apply to any | ||||||
10 | permits, certificates, or other
authorizations to do business | ||||||
11 | provided for in the Land Sales Registration Act
of 1989 or the | ||||||
12 | Illinois Real Estate Time-Share Act.
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13 | (g) Notwithstanding anything that may appear in any | ||||||
14 | individual licensing statute or administrative rule, the | ||||||
15 | Department shall deny any license application or renewal | ||||||
16 | authorized under any licensing Act administered by the | ||||||
17 | Department to any person who has failed to file a return, or to | ||||||
18 | pay the tax, penalty, or interest shown in a filed return, or | ||||||
19 | to pay any final assessment of tax, penalty, or interest, as | ||||||
20 | required by any tax Act administered by the Illinois Department | ||||||
21 | of Revenue, until such time as the requirement of any such tax | ||||||
22 | Act are satisfied; however, the Department may issue a license | ||||||
23 | or renewal if the person has established a satisfactory | ||||||
24 | repayment record as determined by the Illinois Department of | ||||||
25 | Revenue. For the purpose of this Section, "satisfactory | ||||||
26 | repayment record" shall be defined by rule.
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1 | In addition, a complaint filed with the Department by the | ||||||
2 | Illinois Department of Revenue that includes a certification, | ||||||
3 | signed by its Director or designee, attesting to the amount of | ||||||
4 | the unpaid tax liability or the years for which a return was | ||||||
5 | not filed, or both, is prima facie evidence of the licensee's | ||||||
6 | failure to comply with the tax laws administered by the | ||||||
7 | Illinois Department of Revenue. Upon receipt of that | ||||||
8 | certification, the Department shall, without a hearing, | ||||||
9 | immediately suspend all licenses held by the licensee. | ||||||
10 | Enforcement of the Department's order shall be stayed for 60 | ||||||
11 | days. The Department shall provide notice of the suspension to | ||||||
12 | the licensee by mailing a copy of the Department's order by | ||||||
13 | certified and regular mail to the licensee's last known address | ||||||
14 | as registered with the Department. The notice shall advise the | ||||||
15 | licensee that the suspension shall be effective 60 days after | ||||||
16 | the issuance of the Department's order unless the Department | ||||||
17 | receives, from the licensee, a request for a hearing before the | ||||||
18 | Department to dispute the matters contained in the order.
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19 | Any suspension imposed under this subsection (g) shall be | ||||||
20 | terminated by the Department upon notification from the | ||||||
21 | Illinois Department of Revenue that the licensee is in | ||||||
22 | compliance with all tax laws administered by the Illinois | ||||||
23 | Department of Revenue.
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24 | The Department shall promulgate rules for the | ||||||
25 | administration of this subsection (g).
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26 | (h) The Department may grant the title "Retired", to be |
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1 | used immediately adjacent to the title of a profession | ||||||
2 | regulated by the Department, to eligible retirees. The use of | ||||||
3 | the title "Retired" shall not constitute representation of | ||||||
4 | current licensure, registration, or certification. Any person | ||||||
5 | without an active license, registration, or certificate in a | ||||||
6 | profession that requires licensure, registration, or | ||||||
7 | certification shall not be permitted to practice that | ||||||
8 | profession. | ||||||
9 | (i) Within 180 days after December 23, 2009 (the effective | ||||||
10 | date of Public Act 96-852), the Department shall promulgate | ||||||
11 | rules which permit a person with a criminal record, who seeks a | ||||||
12 | license or certificate in an occupation for which a criminal | ||||||
13 | record is not expressly a per se bar, to apply to the | ||||||
14 | Department for a non-binding, advisory opinion to be provided | ||||||
15 | by the Board or body with the authority to issue the license or | ||||||
16 | certificate as to whether his or her criminal record would bar | ||||||
17 | the individual from the licensure or certification sought, | ||||||
18 | should the individual meet all other licensure requirements | ||||||
19 | including, but not limited to, the successful completion of the | ||||||
20 | relevant examinations. | ||||||
21 | (Source: P.A. 97-650, eff. 2-1-12; 98-756, eff. 7-16-14; | ||||||
22 | 98-850, eff. 1-1-15 .)
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23 | (20 ILCS 2105/2105-207) | ||||||
24 | Sec. 2105-207. Records of Department actions. | ||||||
25 | (a) Any licensee subject to a licensing Act administered by |
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1 | the Division of Professional Regulation and who has been | ||||||
2 | subject to disciplinary action by the Department may file an | ||||||
3 | application with the Department on forms provided by the | ||||||
4 | Department, along with the required fee of $200, to have the | ||||||
5 | records classified as confidential, not for public release and | ||||||
6 | considered expunged for reporting purposes if: | ||||||
7 | (1) the application is submitted more than 7 years | ||||||
8 | after the disciplinary offense or offenses occurred; | ||||||
9 | (2) the licensee has had no incidents of discipline | ||||||
10 | under the licensing Act since the disciplinary offense or | ||||||
11 | offenses identified in the application occurred; | ||||||
12 | (3) the Department has no pending investigations | ||||||
13 | against the licensee; and | ||||||
14 | (4) the licensee is not currently in a disciplinary | ||||||
15 | status. | ||||||
16 | (b) An application to make disciplinary records | ||||||
17 | confidential shall only be considered by the Department for an | ||||||
18 | offense or action relating to: | ||||||
19 | (1) failure to pay taxes or student loans ; | ||||||
20 | (2) continuing education; | ||||||
21 | (3) failure to renew a license on time; | ||||||
22 | (4) failure to obtain or renew a certificate of | ||||||
23 | registration or ancillary license; | ||||||
24 | (5) advertising; or | ||||||
25 | (6) any grounds for discipline removed from the | ||||||
26 | licensing Act. |
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1 | (c) An application shall be submitted to and considered by | ||||||
2 | the Director of the Division of Professional Regulation upon | ||||||
3 | submission of an application and the required non-refundable | ||||||
4 | fee. The Department may establish additional requirements by | ||||||
5 | rule. The Department is not required to report the removal of | ||||||
6 | any disciplinary record to any national database. Nothing in | ||||||
7 | this Section shall prohibit the Department from using a | ||||||
8 | previous discipline for any regulatory purpose or from | ||||||
9 | releasing records of a previous discipline upon request from | ||||||
10 | law enforcement, or other governmental body as permitted by | ||||||
11 | law. Classification of records as confidential shall result in | ||||||
12 | removal of records of discipline from records kept pursuant to | ||||||
13 | Sections 2105-200 and 2105-205 of this Act.
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14 | (Source: P.A. 98-816, eff. 8-1-14.)
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15 | (20 ILCS 3310/80 rep.) | ||||||
16 | Section 10. The Nuclear Safety Law of 2004 is amended by | ||||||
17 | repealing Section 80.
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18 | Section 15. The School Code is amended by changing Section | ||||||
19 | 21B-75 as follows:
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20 | (105 ILCS 5/21B-75) | ||||||
21 | Sec. 21B-75. Suspension or revocation of license. | ||||||
22 | (a) As used in this Section, "teacher" means any school | ||||||
23 | district employee regularly required to be licensed, as |
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1 | provided in this Article, in order to teach or supervise in the | ||||||
2 | public schools. | ||||||
3 | (b) The State Superintendent of Education has the exclusive | ||||||
4 | authority, in accordance with this Section and any rules | ||||||
5 | adopted by the State Board of Education, in consultation with | ||||||
6 | the State Educator Preparation and Licensure Board, to initiate | ||||||
7 | the suspension of up to 5 calendar years or revocation of any | ||||||
8 | license issued pursuant to this Article for abuse or neglect of | ||||||
9 | a child, immorality, a condition of health detrimental to the | ||||||
10 | welfare of pupils, incompetency, unprofessional conduct (which | ||||||
11 | includes the failure to disclose on an employment application | ||||||
12 | any previous conviction for a sex offense, as defined in | ||||||
13 | Section 21B-80 of this Code, or any other offense committed in | ||||||
14 | any other state or against the laws of the United States that, | ||||||
15 | if committed in this State, would be punishable as a sex | ||||||
16 | offense, as defined in Section 21B-80 of this Code), the | ||||||
17 | neglect of any professional duty, willful failure to report an | ||||||
18 | instance of suspected child abuse or neglect as required by the | ||||||
19 | Abused and Neglected Child Reporting Act, failure to establish | ||||||
20 | satisfactory repayment on an educational loan guaranteed by the | ||||||
21 | Illinois Student Assistance Commission, or other just cause. | ||||||
22 | Unprofessional conduct shall include the refusal to attend or | ||||||
23 | participate in institutes, teachers' meetings, or professional | ||||||
24 | readings or to meet other reasonable requirements of the | ||||||
25 | regional superintendent of schools or State Superintendent of | ||||||
26 | Education. Unprofessional conduct also includes conduct that |
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1 | violates the standards, ethics, or rules applicable to the | ||||||
2 | security, administration, monitoring, or scoring of or the | ||||||
3 | reporting of scores from any assessment test or examination | ||||||
4 | administered under Section 2-3.64a-5 of this Code or that is | ||||||
5 | known or intended to produce or report manipulated or | ||||||
6 | artificial, rather than actual, assessment or achievement | ||||||
7 | results or gains from the administration of those tests or | ||||||
8 | examinations. Unprofessional conduct shall also include | ||||||
9 | neglect or unnecessary delay in the making of statistical and | ||||||
10 | other reports required by school officers. Incompetency shall | ||||||
11 | include, without limitation, 2 or more school terms of service | ||||||
12 | for which the license holder has received an unsatisfactory | ||||||
13 | rating on a performance evaluation conducted pursuant to | ||||||
14 | Article 24A of this Code within a period of 7 school terms of | ||||||
15 | service. In determining whether to initiate action against one | ||||||
16 | or more licenses based on incompetency and the recommended | ||||||
17 | sanction for such action, the State Superintendent shall | ||||||
18 | consider factors that include without limitation all of the | ||||||
19 | following: | ||||||
20 | (1) Whether the unsatisfactory evaluation ratings | ||||||
21 | occurred prior to June 13, 2011 (the effective date of | ||||||
22 | Public Act 97-8). | ||||||
23 | (2) Whether the unsatisfactory evaluation ratings | ||||||
24 | occurred prior to or after the implementation date, as | ||||||
25 | defined in Section 24A-2.5 of this Code, of an evaluation | ||||||
26 | system for teachers in a school district. |
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1 | (3) Whether the evaluator or evaluators who performed | ||||||
2 | an unsatisfactory evaluation met the pre-licensure and | ||||||
3 | training requirements set forth in Section 24A-3 of this | ||||||
4 | Code. | ||||||
5 | (4) The time between the unsatisfactory evaluation | ||||||
6 | ratings. | ||||||
7 | (5) The quality of the remediation plans associated | ||||||
8 | with the unsatisfactory evaluation ratings and whether the | ||||||
9 | license holder successfully completed the remediation | ||||||
10 | plans. | ||||||
11 | (6) Whether the unsatisfactory evaluation ratings were | ||||||
12 | related to the same or different assignments performed by | ||||||
13 | the license holder. | ||||||
14 | (7) Whether one or more of the unsatisfactory | ||||||
15 | evaluation ratings occurred in the first year of a teaching | ||||||
16 | or administrative assignment. | ||||||
17 | When initiating an action against one or more licenses, the | ||||||
18 | State Superintendent may seek required professional | ||||||
19 | development as a sanction in lieu of or in addition to | ||||||
20 | suspension or revocation. Any such required professional | ||||||
21 | development must be at the expense of the license holder, who | ||||||
22 | may use, if available and applicable to the requirements | ||||||
23 | established by administrative or court order, training, | ||||||
24 | coursework, or other professional development funds in | ||||||
25 | accordance with the terms of an applicable collective | ||||||
26 | bargaining agreement entered into after June 13, 2011 (the |
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1 | effective date of Public Act 97-8), unless that agreement | ||||||
2 | specifically precludes use of funds for such purpose. | ||||||
3 | (c) The State Superintendent of Education shall, upon | ||||||
4 | receipt of evidence of abuse or neglect of a child, immorality, | ||||||
5 | a condition of health detrimental to the welfare of pupils, | ||||||
6 | incompetency (subject to subsection (b) of this Section), | ||||||
7 | unprofessional conduct, the neglect of any professional duty, | ||||||
8 | or other just cause, further investigate and, if and as | ||||||
9 | appropriate, serve written notice to the individual and afford | ||||||
10 | the individual opportunity for a hearing prior to suspension, | ||||||
11 | revocation, or other sanction; provided that the State | ||||||
12 | Superintendent is under no obligation to initiate such an | ||||||
13 | investigation if the Department of Children and Family Services | ||||||
14 | is investigating the same or substantially similar allegations | ||||||
15 | and its child protective service unit has not made its | ||||||
16 | determination, as required under Section 7.12 of the Abused and | ||||||
17 | Neglected Child Reporting Act. If the State Superintendent of | ||||||
18 | Education does not receive from an individual a request for a | ||||||
19 | hearing within 10 days after the individual receives notice, | ||||||
20 | the suspension, revocation, or other sanction shall | ||||||
21 | immediately take effect in accordance with the notice. If a | ||||||
22 | hearing is requested within 10 days after notice of an | ||||||
23 | opportunity for hearing, it shall act as a stay of proceedings | ||||||
24 | until the State Educator Preparation and Licensure Board issues | ||||||
25 | a decision. Any hearing shall take place in the educational | ||||||
26 | service region where the educator is or was last employed and |
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1 | in accordance with rules adopted by the State Board of | ||||||
2 | Education, in consultation with the State Educator Preparation | ||||||
3 | and Licensure Board, and such rules shall include without | ||||||
4 | limitation provisions for discovery and the sharing of | ||||||
5 | information between parties prior to the hearing. The standard | ||||||
6 | of proof for any administrative hearing held pursuant to this | ||||||
7 | Section shall be by the preponderance of the evidence. The | ||||||
8 | decision of the State Educator Preparation and Licensure Board | ||||||
9 | is a final administrative decision and is subject to judicial | ||||||
10 | review by appeal of either party. | ||||||
11 | The State Board of Education may refuse to issue or may | ||||||
12 | suspend the license of any person who fails to file a return or | ||||||
13 | to pay the tax, penalty, or interest shown in a filed return or | ||||||
14 | to pay any final assessment of tax, penalty, or interest, as | ||||||
15 | required by any tax Act administered by the Department of | ||||||
16 | Revenue, until such time as the requirements of any such tax | ||||||
17 | Act are satisfied. | ||||||
18 | The exclusive authority of the State Superintendent of | ||||||
19 | Education to initiate suspension or revocation of a license | ||||||
20 | pursuant to this Section does not preclude a regional | ||||||
21 | superintendent of schools from cooperating with the State | ||||||
22 | Superintendent or a State's Attorney with respect to an | ||||||
23 | investigation of alleged misconduct. | ||||||
24 | (d) The State Superintendent of Education or his or her | ||||||
25 | designee may initiate and conduct such investigations as may be | ||||||
26 | reasonably necessary to establish the existence of any alleged |
| |||||||
| |||||||
1 | misconduct. At any stage of the investigation, the State | ||||||
2 | Superintendent may issue a subpoena requiring the attendance | ||||||
3 | and testimony of a witness, including the license holder, and | ||||||
4 | the production of any evidence, including files, records, | ||||||
5 | correspondence, or documents, relating to any matter in | ||||||
6 | question in the investigation. The subpoena shall require a | ||||||
7 | witness to appear at the State Board of Education at a | ||||||
8 | specified date and time and shall specify any evidence to be | ||||||
9 | produced. The license holder is not entitled to be present, but | ||||||
10 | the State Superintendent shall provide the license holder with | ||||||
11 | a copy of any recorded testimony prior to a hearing under this | ||||||
12 | Section. Such recorded testimony must not be used as evidence | ||||||
13 | at a hearing, unless the license holder has adequate notice of | ||||||
14 | the testimony and the opportunity to cross-examine the witness. | ||||||
15 | Failure of a license holder to comply with a duly issued, | ||||||
16 | investigatory subpoena may be grounds for revocation, | ||||||
17 | suspension, or denial of a license. | ||||||
18 | (e) All correspondence, documentation, and other | ||||||
19 | information so received by the regional superintendent of | ||||||
20 | schools, the State Superintendent of Education, the State Board | ||||||
21 | of Education, or the State Educator Preparation and Licensure | ||||||
22 | Board under this Section is confidential and must not be | ||||||
23 | disclosed to third parties, except (i) as necessary for the | ||||||
24 | State Superintendent of Education or his or her designee to | ||||||
25 | investigate and prosecute pursuant to this Article, (ii) | ||||||
26 | pursuant to a court order, (iii) for disclosure to the license |
| |||||||
| |||||||
1 | holder or his or her representative, or (iv) as otherwise | ||||||
2 | required in this Article and provided that any such information | ||||||
3 | admitted into evidence in a hearing is exempt from this | ||||||
4 | confidentiality and non-disclosure requirement. | ||||||
5 | (f) The State Superintendent of Education or a person | ||||||
6 | designated by him or her shall have the power to administer | ||||||
7 | oaths to witnesses at any hearing conducted before the State | ||||||
8 | Educator Preparation and Licensure Board pursuant to this | ||||||
9 | Section. The State Superintendent of Education or a person | ||||||
10 | designated by him or her is authorized to subpoena and bring | ||||||
11 | before the State Educator Preparation and Licensure Board any | ||||||
12 | person in this State and to take testimony either orally or by | ||||||
13 | deposition or by exhibit, with the same fees and mileage and in | ||||||
14 | the same manner as prescribed by law in judicial proceedings in | ||||||
15 | civil cases in circuit courts of this State. | ||||||
16 | (g) Any circuit court, upon the application of the State | ||||||
17 | Superintendent of Education or the license holder, may, by | ||||||
18 | order duly entered, require the attendance of witnesses and the | ||||||
19 | production of relevant books and papers as part of any | ||||||
20 | investigation or at any hearing the State Educator Preparation | ||||||
21 | and Licensure Board is authorized to conduct pursuant to this | ||||||
22 | Section, and the court may compel obedience to its orders by | ||||||
23 | proceedings for contempt. | ||||||
24 | (h) The State Board of Education shall receive an annual | ||||||
25 | line item appropriation to cover fees associated with the | ||||||
26 | investigation and prosecution of alleged educator misconduct |
| |||||||
| |||||||
1 | and hearings related thereto.
| ||||||
2 | (Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff. | ||||||
3 | 6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
| ||||||
4 | Section 20. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 500-70 as follows:
| ||||||
6 | (215 ILCS 5/500-70)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2017)
| ||||||
8 | Sec. 500-70. License denial, nonrenewal, or revocation.
| ||||||
9 | (a) The Director may place on probation, suspend, revoke, | ||||||
10 | or refuse to issue
or renew
an insurance producer's license or | ||||||
11 | may levy a civil penalty in accordance with
this Section or
| ||||||
12 | take any combination of actions, for any one or more of the | ||||||
13 | following causes:
| ||||||
14 | (1) providing incorrect, misleading, incomplete, or | ||||||
15 | materially untrue
information in the license application;
| ||||||
16 | (2) violating any insurance laws, or violating any | ||||||
17 | rule, subpoena, or
order of
the Director or of another | ||||||
18 | state's insurance commissioner;
| ||||||
19 | (3) obtaining or attempting to obtain a license through | ||||||
20 | misrepresentation
or
fraud;
| ||||||
21 | (4) improperly withholding, misappropriating or | ||||||
22 | converting any moneys or
properties received in the course | ||||||
23 | of doing insurance business;
| ||||||
24 | (5) intentionally misrepresenting the terms of an |
| |||||||
| |||||||
1 | actual or proposed
insurance
contract or application for | ||||||
2 | insurance;
| ||||||
3 | (6) having been convicted of a felony;
| ||||||
4 | (7) having admitted or been found to have committed any | ||||||
5 | insurance unfair
trade practice or fraud;
| ||||||
6 | (8) using fraudulent, coercive, or dishonest | ||||||
7 | practices, or demonstrating
incompetence, | ||||||
8 | untrustworthiness or financial irresponsibility in the | ||||||
9 | conduct of
business in
this State or elsewhere;
| ||||||
10 | (9) having an insurance producer license,
or its | ||||||
11 | equivalent, denied, suspended,
or revoked in any other | ||||||
12 | state, province, district or territory;
| ||||||
13 | (10) forging a name to an application for insurance or | ||||||
14 | to a document
related
to
an insurance transaction;
| ||||||
15 | (11) improperly using notes or any other reference | ||||||
16 | material to complete an
examination for an insurance | ||||||
17 | license;
| ||||||
18 | (12) knowingly accepting insurance business from an | ||||||
19 | individual who is not
licensed;
| ||||||
20 | (13) failing to comply with an administrative or court | ||||||
21 | order imposing a
child
support obligation;
| ||||||
22 | (14) failing to pay state income tax or penalty or | ||||||
23 | interest or comply with
any
administrative or court order | ||||||
24 | directing payment of state income tax or failed
to file a
| ||||||
25 | return or to pay any final assessment of any tax due to the | ||||||
26 | Department of
Revenue;
|
| |||||||
| |||||||
1 | (15) (blank) failing to make satisfactory repayment to | ||||||
2 | the Illinois Student
Assistance
Commission for a | ||||||
3 | delinquent or defaulted student loan ; or
| ||||||
4 | (16) failing to comply with any provision of the | ||||||
5 | Viatical Settlements Act of 2009. | ||||||
6 | (b) If the action by the Director is to nonrenew, suspend, | ||||||
7 | or revoke a
license or to
deny an application for a license, | ||||||
8 | the Director shall notify the applicant or
licensee and advise, | ||||||
9 | in
writing, the applicant or licensee of the reason for the | ||||||
10 | suspension,
revocation, denial or
nonrenewal of the | ||||||
11 | applicant's or licensee's license. The applicant or licensee
| ||||||
12 | may make written
demand upon the Director within 30 days after | ||||||
13 | the date of mailing for a hearing
before the
Director to | ||||||
14 | determine the reasonableness of the Director's action. The | ||||||
15 | hearing
must be held
within not fewer than 20 days nor more | ||||||
16 | than 30 days after the mailing of the
notice of hearing
and | ||||||
17 | shall be held pursuant to 50 Ill. Adm. Code 2402.
| ||||||
18 | (c) The license of a business entity may be suspended, | ||||||
19 | revoked, or refused
if the
Director finds, after hearing, that | ||||||
20 | an individual licensee's violation was
known or should have
| ||||||
21 | been known by one or more of the partners, officers, or | ||||||
22 | managers acting on
behalf of the
partnership, corporation, | ||||||
23 | limited liability company, or limited liability
partnership | ||||||
24 | and the
violation was neither reported to the Director nor | ||||||
25 | corrective action taken.
| ||||||
26 | (d) In addition to or instead of any applicable denial, |
| |||||||
| |||||||
1 | suspension, or
revocation of a
license, a person may, after | ||||||
2 | hearing, be subject to a civil penalty of up to
$10,000 for | ||||||
3 | each cause for
denial, suspension, or revocation, however, the | ||||||
4 | civil penalty may total no more
than $100,000.
| ||||||
5 | (e) The Director has the authority to enforce the | ||||||
6 | provisions of and impose
any penalty
or remedy authorized by | ||||||
7 | this Article against any person who is under
investigation for | ||||||
8 | or charged
with a violation of this Code or rules even if the | ||||||
9 | person's license or
registration has been
surrendered or has | ||||||
10 | lapsed by operation of law.
| ||||||
11 | (f) Upon the suspension, denial, or revocation of a | ||||||
12 | license, the licensee or
other
person having possession or | ||||||
13 | custody of the license shall promptly deliver it to
the | ||||||
14 | Director in
person or by mail. The Director shall publish all | ||||||
15 | suspensions, denials, or
revocations after the
suspensions, | ||||||
16 | denials, or revocations become final in a manner designed to
| ||||||
17 | notify interested
insurance companies and other persons.
| ||||||
18 | (g) A person whose license is revoked or whose application | ||||||
19 | is denied
pursuant to this
Section is ineligible to apply for | ||||||
20 | any license for 3 years after the revocation
or denial. A | ||||||
21 | person
whose license as an insurance producer has been revoked, | ||||||
22 | suspended, or denied
may not be
employed, contracted, or | ||||||
23 | engaged in any insurance related capacity during the
time the
| ||||||
24 | revocation, suspension, or denial is in effect.
| ||||||
25 | (Source: P.A. 96-736, eff. 7-1-10 .)
|
| |||||||
| |||||||
1 | Section 25. The Dietitian Nutritionist Practice Act is | ||||||
2 | amended by changing Section 95 as follows:
| ||||||
3 | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
5 | Sec. 95. Grounds for discipline.
| ||||||
6 | (1) The Department may refuse to issue or
renew, or may | ||||||
7 | revoke, suspend, place on probation, reprimand, or take other
| ||||||
8 | disciplinary or non-disciplinary action as the Department may | ||||||
9 | deem appropriate, including imposing fines not to
exceed | ||||||
10 | $10,000 for each violation, with regard to any license or | ||||||
11 | certificate for
any one or combination of the following causes:
| ||||||
12 | (a) Material misstatement in furnishing information to | ||||||
13 | the Department.
| ||||||
14 | (b) Violations of this Act or of
rules adopted under | ||||||
15 | this Act.
| ||||||
16 | (c) Conviction by plea of guilty or nolo contendere, | ||||||
17 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
18 | sentencing of any crime, including, but not limited to, | ||||||
19 | convictions, preceding sentences of supervision, | ||||||
20 | conditional discharge, or first offender probation, under | ||||||
21 | the laws of any jurisdiction of the United States (i) that | ||||||
22 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
23 | element of which is dishonesty, or that is directly related | ||||||
24 | to the practice of the profession.
| ||||||
25 | (d) Fraud or any misrepresentation in applying for or |
| |||||||
| |||||||
1 | procuring a license under this Act or in connection with | ||||||
2 | applying for renewal of a license under this Act.
| ||||||
3 | (e) Professional incompetence or gross negligence.
| ||||||
4 | (f) Malpractice.
| ||||||
5 | (g) Aiding or assisting another person in violating any | ||||||
6 | provision of
this Act or its rules.
| ||||||
7 | (h) Failing to provide information within 60 days in | ||||||
8 | response to a
written request made by the Department.
| ||||||
9 | (i) Engaging in dishonorable, unethical or | ||||||
10 | unprofessional conduct of a
character likely to deceive, | ||||||
11 | defraud, or harm the public.
| ||||||
12 | (j) Habitual or excessive use or abuse of drugs defined | ||||||
13 | in law as controlled substances, alcohol, or any other | ||||||
14 | substance that results in the
inability to practice with | ||||||
15 | reasonable judgment, skill, or safety.
| ||||||
16 | (k) Discipline by another state, the District of | ||||||
17 | Columbia, territory, country, or governmental agency if at | ||||||
18 | least one
of the grounds for the discipline is the same or | ||||||
19 | substantially equivalent
to those set forth in this Act.
| ||||||
20 | (l) Charging for professional services not rendered, | ||||||
21 | including filing false statements for the collection of | ||||||
22 | fees for which services are not rendered. Nothing in this | ||||||
23 | paragraph (1) affects any bona fide independent contractor | ||||||
24 | or employment arrangements among health care | ||||||
25 | professionals, health facilities, health care providers, | ||||||
26 | or other entities, except as otherwise prohibited by law. |
| |||||||
| |||||||
1 | Any employment arrangements may include provisions for | ||||||
2 | compensation, health insurance, pension, or other | ||||||
3 | employment benefits for the provision of services within | ||||||
4 | the scope of the licensee's practice under this Act. | ||||||
5 | Nothing in this paragraph (1) shall be construed to require | ||||||
6 | an employment arrangement to receive professional fees for | ||||||
7 | services rendered.
| ||||||
8 | (m) 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 | (n) Willfully making or filing false records or reports | ||||||
12 | in his or her practice, including, but not limited to, | ||||||
13 | false records filed with State agencies or departments.
| ||||||
14 | (o) Allowing one's license under this Act to be used by | ||||||
15 | an unlicensed person in violation of this Act.
| ||||||
16 | (p) Practicing under a false or, except as provided by | ||||||
17 | law, an assumed name.
| ||||||
18 | (q) Gross and willful overcharging for professional | ||||||
19 | services.
| ||||||
20 | (r) (Blank).
| ||||||
21 | (s) Willfully failing to report an instance of | ||||||
22 | suspected child abuse
or neglect as required by the Abused | ||||||
23 | and Neglected Child Reporting Act.
| ||||||
24 | (t) Cheating on or attempting to subvert a licensing | ||||||
25 | examination administered under this Act. | ||||||
26 | (u) Mental illness or disability that results in the |
| |||||||
| |||||||
1 | inability to practice under this Act with reasonable | ||||||
2 | judgment, skill, or safety. | ||||||
3 | (v) Physical illness, including, but not limited to, | ||||||
4 | deterioration through the aging process or loss of motor | ||||||
5 | skill that results in a licensee's inability to practice | ||||||
6 | under this Act with reasonable judgment, skill, or safety. | ||||||
7 | (w) Advising an individual to discontinue, reduce, | ||||||
8 | increase, or otherwise alter the intake of a drug | ||||||
9 | prescribed by a physician licensed to practice medicine in | ||||||
10 | all its branches or by a prescriber as defined in Section | ||||||
11 | 102 of the Illinois Controlled Substances Act. | ||||||
12 | (2) The Department may refuse to issue or may suspend | ||||||
13 | without hearing, as provided for in the Code of Civil | ||||||
14 | Procedure, the license of any person who fails to file a | ||||||
15 | return, or pay the tax, penalty, or interest shown in a filed | ||||||
16 | return, or pay any final assessment of the tax, penalty, or | ||||||
17 | interest as required by any tax Act administered by the | ||||||
18 | Illinois Department of Revenue, until such time as the | ||||||
19 | requirements of any such tax Act are satisfied in accordance | ||||||
20 | with subsection (g) of Section 2105-15 of the Civil | ||||||
21 | Administrative Code of Illinois. | ||||||
22 | (3) (Blank) The Department shall deny a license or renewal | ||||||
23 | authorized by this Act to a person who has defaulted on an | ||||||
24 | educational loan or scholarship provided or guaranteed by the | ||||||
25 | Illinois Student Assistance Commission or any governmental | ||||||
26 | agency of this State in accordance with item (5) of subsection |
| |||||||
| |||||||
1 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
2 | Illinois . | ||||||
3 | (4) In cases where the Department of Healthcare and Family | ||||||
4 | Services has previously determined a licensee or a potential | ||||||
5 | licensee is more than 30 days delinquent in the payment of | ||||||
6 | child support and has subsequently certified the delinquency to | ||||||
7 | the Department, the Department may refuse to issue or renew or | ||||||
8 | may revoke or suspend that person's license or may take other | ||||||
9 | disciplinary action against that person based solely upon the | ||||||
10 | certification of delinquency made by the Department of | ||||||
11 | Healthcare and Family Services in accordance with item (5) of | ||||||
12 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
13 | Code of Illinois. | ||||||
14 | (5) The determination by a circuit court that a licensee is | ||||||
15 | subject to involuntary admission or judicial admission, as | ||||||
16 | provided in the Mental Health and Developmental Disabilities | ||||||
17 | Code, operates as an automatic suspension. The suspension shall | ||||||
18 | end only upon a finding by a court that the patient is no | ||||||
19 | longer subject to involuntary admission or judicial admission | ||||||
20 | and the issuance of an order so finding and discharging the | ||||||
21 | patient. | ||||||
22 | (6) In enforcing this Act, the Department, upon a showing | ||||||
23 | of a possible violation, may compel an individual licensed to | ||||||
24 | practice under this Act, or who has applied for licensure under | ||||||
25 | this Act, to submit to a mental or physical examination, or | ||||||
26 | both, as required by and at the expense of the Department. The |
| |||||||
| |||||||
1 | Department may order the examining physician to present | ||||||
2 | testimony concerning the mental or physical examination of the | ||||||
3 | licensee or applicant. No information shall be excluded by | ||||||
4 | reason of any common law or statutory privilege relating to | ||||||
5 | communications between the licensee or applicant and the | ||||||
6 | examining physician. The examining physicians shall be | ||||||
7 | specifically designated by the Department. The individual to be | ||||||
8 | examined may have, at his or her own expense, another physician | ||||||
9 | of his or her choice present during all aspects of this | ||||||
10 | examination. The examination shall be performed by a physician | ||||||
11 | licensed to practice medicine in all its branches. Failure of | ||||||
12 | an individual to submit to a mental or physical examination, | ||||||
13 | when directed, shall result in an automatic suspension without | ||||||
14 | hearing. | ||||||
15 | A person holding a license under this Act or who has | ||||||
16 | applied for a license under this Act who, because of a physical | ||||||
17 | or mental illness or disability, including, but not limited to, | ||||||
18 | deterioration through the aging process or loss of motor skill, | ||||||
19 | is unable to practice the profession with reasonable judgment, | ||||||
20 | skill, or safety, may be required by the Department to submit | ||||||
21 | to care, counseling, or treatment by physicians approved or | ||||||
22 | designated by the Department as a condition, term, or | ||||||
23 | restriction for continued, reinstated, or renewed licensure to | ||||||
24 | practice. Submission to care, counseling, or treatment as | ||||||
25 | required by the Department shall not be considered discipline | ||||||
26 | of a license. If the licensee refuses to enter into a care, |
| |||||||
| |||||||
1 | counseling, or treatment agreement or fails to abide by the | ||||||
2 | terms of the agreement, then the Department may file a | ||||||
3 | complaint to revoke, suspend, or otherwise discipline the | ||||||
4 | license of the individual. The Secretary may order the license | ||||||
5 | suspended immediately, pending a hearing by the Department. | ||||||
6 | Fines shall not be assessed in disciplinary actions involving | ||||||
7 | physical or mental illness or impairment. | ||||||
8 | In instances in which the Secretary immediately suspends a | ||||||
9 | person's license under this Section, a hearing on that person's | ||||||
10 | license must be convened by the Department within 15 days after | ||||||
11 | the suspension and completed without appreciable delay. The | ||||||
12 | Department shall have the authority to review the subject | ||||||
13 | individual's record of treatment and counseling regarding the | ||||||
14 | impairment to the extent permitted by applicable federal | ||||||
15 | statutes and regulations safeguarding the confidentiality of
| ||||||
16 | medical records. | ||||||
17 | An individual licensed under this Act and affected under | ||||||
18 | this Section shall be afforded an opportunity to demonstrate to | ||||||
19 | the Department that he or she can resume practice in compliance | ||||||
20 | with acceptable and prevailing standards under the provisions | ||||||
21 | of his or her license.
| ||||||
22 | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13; | ||||||
23 | 98-756, eff. 7-16-14.)
| ||||||
24 | Section 30. The Environmental Health Practitioner | ||||||
25 | Licensing Act is amended by changing Section 35 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 37/35)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2019)
| ||||||
3 | Sec. 35. Grounds for discipline.
| ||||||
4 | (a) The Department may refuse to issue or renew, or may | ||||||
5 | revoke, suspend,
place on probation, reprimand, or take other | ||||||
6 | disciplinary action with regard to
any license issued under | ||||||
7 | this Act as the Department may consider proper,
including the | ||||||
8 | imposition of fines not to exceed $5,000 for each violation, | ||||||
9 | for
any one or combination of the following causes:
| ||||||
10 | (1) Material misstatement in furnishing information to | ||||||
11 | the Department.
| ||||||
12 | (2) Violations of this Act or its rules.
| ||||||
13 | (3) Conviction of any felony under the laws of any U.S. | ||||||
14 | jurisdiction, any
misdemeanor an essential element of | ||||||
15 | which is dishonesty, or any crime that is
directly related | ||||||
16 | to the practice of the profession.
| ||||||
17 | (4) Making any misrepresentation for the purpose of | ||||||
18 | obtaining a
certificate of registration.
| ||||||
19 | (5) Professional incompetence.
| ||||||
20 | (6) Aiding or assisting another person in violating any | ||||||
21 | provision of this
Act or its rules.
| ||||||
22 | (7) Failing to provide information within 60 days in | ||||||
23 | response to a written
request made by the Department.
| ||||||
24 | (8) Engaging in dishonorable, unethical, or | ||||||
25 | unprofessional conduct of a
character likely to deceive, |
| |||||||
| |||||||
1 | defraud, or harm the public as defined by rules of
the | ||||||
2 | Department.
| ||||||
3 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
5 | that results in an
environmental health practitioner's | ||||||
6 | inability to practice with reasonable
judgment, skill, or | ||||||
7 | safety.
| ||||||
8 | (10) Discipline by another U.S. jurisdiction or | ||||||
9 | foreign nation, if at
least one of the grounds for a | ||||||
10 | discipline is the same or substantially
equivalent to those | ||||||
11 | set forth in this Act.
| ||||||
12 | (11) A finding by the Department that the registrant, | ||||||
13 | after having his or
her license placed on probationary | ||||||
14 | status, has violated the terms of
probation.
| ||||||
15 | (12) 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 | (13) Physical illness, including, but not limited to, | ||||||
19 | deterioration
through the aging process or loss of motor | ||||||
20 | skills that result in the inability
to practice the | ||||||
21 | profession with reasonable judgment, skill, or safety.
| ||||||
22 | (14) Failure to comply with rules promulgated by the
| ||||||
23 | Illinois Department of Public Health or other State | ||||||
24 | agencies related to the
practice of environmental health.
| ||||||
25 | (15) (Blank) The Department shall deny any application | ||||||
26 | for a license or renewal of
a license under this Act, |
| |||||||
| |||||||
1 | without hearing, to a person who has defaulted on an
| ||||||
2 | educational loan guaranteed by the Illinois Student | ||||||
3 | Assistance Commission;
however, the Department may issue a | ||||||
4 | license or renewal of a license if the
person in default | ||||||
5 | has established a satisfactory repayment record as | ||||||
6 | determined
by the Illinois Student Assistance
Commission .
| ||||||
7 | (16) Solicitation of professional services by using | ||||||
8 | false or misleading
advertising.
| ||||||
9 | (17) A finding that the license has been applied for or | ||||||
10 | obtained by
fraudulent means.
| ||||||
11 | (18) 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 | (19) Gross overcharging for professional services | ||||||
15 | including filing
statements for collection of fees or | ||||||
16 | moneys for which services are not
rendered.
| ||||||
17 | (b) The Department may refuse to issue or may suspend the | ||||||
18 | license of any
person who fails to (i) file a return, (ii) pay | ||||||
19 | the tax, penalty, or interest
shown in a filed return; or (iii) | ||||||
20 | pay any final assessment of the tax, penalty,
or interest as | ||||||
21 | required by any tax Act administered by the Illinois Department
| ||||||
22 | of Revenue until the requirements of the tax Act are satisfied.
| ||||||
23 | (c) The determination by a circuit court that a licensee is | ||||||
24 | subject
to involuntary admission or judicial admission to a | ||||||
25 | mental health facility as
provided in the Mental Health and | ||||||
26 | Developmental Disabilities Code operates as
an automatic |
| |||||||
| |||||||
1 | suspension. The suspension may end only upon a finding by a | ||||||
2 | court
that the licensee is no longer subject to involuntary | ||||||
3 | admission or judicial
admission, the issuance of an order so | ||||||
4 | finding and discharging the patient, and
the recommendation of | ||||||
5 | the Board to the Director that the licensee be allowed to
| ||||||
6 | resume practice.
| ||||||
7 | (d) In enforcing this Section, the Department, upon a | ||||||
8 | showing of a
possible
violation, may compel any person licensed | ||||||
9 | to practice under this Act or who has
applied
for licensure or | ||||||
10 | certification pursuant to this Act to submit to a mental or
| ||||||
11 | physical
examination, or both, as required by and at the | ||||||
12 | expense of the Department. The
examining physicians shall be | ||||||
13 | those specifically
designated by
the Department. The | ||||||
14 | Department may order the examining physician
to present | ||||||
15 | testimony concerning this mental or
physical
examination of the
| ||||||
16 | licensee or applicant. No information shall be excluded by | ||||||
17 | reason of any
common law or
statutory privilege relating to | ||||||
18 | communications between the licensee or
applicant and the
| ||||||
19 | examining physician. The person to be examined may
have, at his
| ||||||
20 | or her own expense, another physician of his or her
choice
| ||||||
21 | present during all aspects of the examination. Failure of any | ||||||
22 | person to submit
to a mental
or physical examination, when | ||||||
23 | directed, shall be grounds for suspension of a
license until
| ||||||
24 | the person submits to the examination if the Department finds, | ||||||
25 | after notice and
hearing,
that the refusal to submit to the | ||||||
26 | examination was without reasonable cause.
|
| |||||||
| |||||||
1 | If the Department finds an individual unable to practice | ||||||
2 | because of the
reasons set
forth in this Section, the | ||||||
3 | Department may require that individual to submit to
care,
| ||||||
4 | counseling, or treatment by physicians approved or designated | ||||||
5 | by the
Department, as a
condition, term, or restriction for | ||||||
6 | continued, reinstated, or renewed licensure
to practice
or, in | ||||||
7 | lieu of care, counseling, or treatment, the Department may file | ||||||
8 | a
complaint to
immediately suspend, revoke, or otherwise | ||||||
9 | discipline the license of the
individual.
| ||||||
10 | Any person whose license was granted, continued, | ||||||
11 | reinstated, renewed,
disciplined, or supervised subject to | ||||||
12 | such terms, conditions, or restrictions
and
who fails to comply | ||||||
13 | with such terms, conditions, or restrictions shall be
referred | ||||||
14 | to
the Director for a determination as to whether the person | ||||||
15 | shall have his or her
license suspended immediately, pending a | ||||||
16 | hearing by the Department.
| ||||||
17 | In instances in which the Director immediately suspends a | ||||||
18 | person's license
under this Section, a hearing on that person's | ||||||
19 | license must be convened by the
Department within 15 days after | ||||||
20 | the suspension and completed without
appreciable delay. The | ||||||
21 | Department shall have the authority to review the
subject
| ||||||
22 | person's record of treatment and counseling regarding the | ||||||
23 | impairment, to the
extent permitted by applicable federal | ||||||
24 | statutes and regulations safeguarding
the
confidentiality of | ||||||
25 | medical records.
| ||||||
26 | A person licensed under this Act and affected under this |
| |||||||
| |||||||
1 | Section shall be
afforded an opportunity to demonstrate to the | ||||||
2 | Department that he or she can
resume practice in compliance | ||||||
3 | with acceptable and prevailing standards under
the
provisions | ||||||
4 | of his or her license.
| ||||||
5 | (Source: P.A. 92-837, eff. 8-22-02 .)
| ||||||
6 | Section 35. The Funeral Directors and Embalmers Licensing | ||||||
7 | Code is amended by changing Section 15-75 as follows:
| ||||||
8 | (225 ILCS 41/15-75) | ||||||
9 | (Section scheduled to be repealed on January 1, 2023) | ||||||
10 | Sec. 15-75. Violations; grounds for discipline; penalties. | ||||||
11 | (a) Each of the following acts is a Class A misdemeanor
for | ||||||
12 | the first offense, and a Class 4 felony for each subsequent | ||||||
13 | offense.
These penalties shall also apply to unlicensed owners | ||||||
14 | of funeral homes. | ||||||
15 | (1) Practicing the profession of funeral directing and | ||||||
16 | embalming or
funeral directing, or attempting to practice | ||||||
17 | the profession of funeral
directing and embalming or | ||||||
18 | funeral directing without a license as a
funeral director | ||||||
19 | and embalmer or funeral director. | ||||||
20 | (2) Serving or attempting to serve as an intern under a | ||||||
21 | licensed funeral
director
and embalmer
without a license as | ||||||
22 | a licensed funeral director and embalmer intern. | ||||||
23 | (3) Obtaining or attempting to obtain a license, | ||||||
24 | practice or business,
or any other thing of value, by fraud |
| |||||||
| |||||||
1 | or misrepresentation. | ||||||
2 | (4) Permitting any person in one's employ, under one's | ||||||
3 | control or in or
under one's service to serve as a funeral | ||||||
4 | director and embalmer, funeral
director, or funeral | ||||||
5 | director and embalmer intern when the
person does not have | ||||||
6 | the appropriate license. | ||||||
7 | (5) Failing to display a license as required by this | ||||||
8 | Code. | ||||||
9 | (6) Giving false information or making a false oath or | ||||||
10 | affidavit
required by this Code. | ||||||
11 | (b) The Department may refuse to issue or renew, revoke, | ||||||
12 | suspend, place on probation or administrative supervision, | ||||||
13 | reprimand, or take other disciplinary or non-disciplinary | ||||||
14 | action as the Department may deem appropriate, including | ||||||
15 | imposing fines not to exceed $10,000 for each violation, with | ||||||
16 | regard to any license under the Code for any one or combination | ||||||
17 | of the following: | ||||||
18 | (1) Fraud or any misrepresentation in applying for or | ||||||
19 | procuring a license under this Code or in connection with | ||||||
20 | applying for renewal of a license under this Code. | ||||||
21 | (2) Conviction by plea of guilty or nolo contendere, | ||||||
22 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
23 | sentencing of any crime, including, but not limited to, | ||||||
24 | convictions, preceding sentences of supervision, | ||||||
25 | conditional discharge, or first offender probation, under | ||||||
26 | the laws of any jurisdiction of the United States: (i) that |
| |||||||
| |||||||
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 | (3) Violation of the laws of this State relating to the | ||||||
5 | funeral, burial
or disposition of deceased human bodies or | ||||||
6 | of the rules and regulations of the
Department, or the | ||||||
7 | Department of Public Health. | ||||||
8 | (4) Directly or indirectly paying or causing to be paid | ||||||
9 | any sum of money
or other valuable consideration for the | ||||||
10 | securing of business or for
obtaining authority to dispose | ||||||
11 | of any deceased human body. | ||||||
12 | (5) Professional incompetence, gross negligence, | ||||||
13 | malpractice, or untrustworthiness in the practice of | ||||||
14 | funeral
directing and embalming or funeral directing. | ||||||
15 | (6) (Blank). | ||||||
16 | (7) Engaging in, promoting, selling, or issuing burial | ||||||
17 | contracts, burial
certificates, or burial insurance | ||||||
18 | policies in connection with the
profession as a funeral | ||||||
19 | director and embalmer, funeral director, or funeral
| ||||||
20 | director and embalmer intern in violation of any laws of | ||||||
21 | the
State
of Illinois. | ||||||
22 | (8) Refusing, without cause, to surrender the custody | ||||||
23 | of a deceased
human body upon the proper request of the | ||||||
24 | person or persons lawfully
entitled to the custody of the | ||||||
25 | body. | ||||||
26 | (9) Taking undue advantage of a client or clients as to |
| |||||||
| |||||||
1 | amount to the
perpetration of fraud. | ||||||
2 | (10) Engaging in funeral directing and embalming or | ||||||
3 | funeral
directing without a license. | ||||||
4 | (11) Encouraging, requesting, or suggesting by a | ||||||
5 | licensee or some person
working on his behalf and with his | ||||||
6 | consent for compensation that a person
utilize the services | ||||||
7 | of a certain funeral director and embalmer, funeral
| ||||||
8 | director, or funeral establishment unless that information | ||||||
9 | has
been expressly requested by the person. This does not | ||||||
10 | prohibit general
advertising or pre-need solicitation. | ||||||
11 | (12) Making or causing to be made any false or | ||||||
12 | misleading statements
about the laws concerning the | ||||||
13 | disposition of human remains, including, but not
limited | ||||||
14 | to, the need to embalm, the need for a casket for cremation | ||||||
15 | or the
need for an outer burial container. | ||||||
16 | (13) (Blank). | ||||||
17 | (14) Embalming or attempting to embalm a deceased human | ||||||
18 | body without
express prior authorization of the person | ||||||
19 | responsible for making the
funeral arrangements for the | ||||||
20 | body. This does not apply to cases where
embalming is | ||||||
21 | directed by local authorities who have jurisdiction or when
| ||||||
22 | embalming is required by State or local law. A licensee may | ||||||
23 | embalm without express prior authorization if a good faith | ||||||
24 | effort has been made to contact family members and has been | ||||||
25 | unsuccessful and the licensee has no reason to believe the | ||||||
26 | family opposes embalming. |
| |||||||
| |||||||
1 | (15) Making a false statement on a Certificate of Death | ||||||
2 | where the
person making the statement knew or should have | ||||||
3 | known that the statement
was false. | ||||||
4 | (16) Soliciting human bodies after death or while death | ||||||
5 | is imminent. | ||||||
6 | (17) Performing any act or practice that is a violation
| ||||||
7 | of this Code, the rules for the administration of this | ||||||
8 | Code, or any
federal,
State or local laws, rules, or | ||||||
9 | regulations
governing the practice of funeral directing or | ||||||
10 | embalming. | ||||||
11 | (18) Performing any act or practice that is a violation | ||||||
12 | of Section 2 of
the Consumer Fraud and Deceptive Business | ||||||
13 | Practices Act. | ||||||
14 | (19) Engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a character
likely to deceive, | ||||||
16 | defraud or harm the public. | ||||||
17 | (20) Taking possession of a dead human body without | ||||||
18 | having first
obtained express permission from the person | ||||||
19 | holding the right to control the disposition in accordance | ||||||
20 | with Section 5 of the Disposition of Remains Act or a | ||||||
21 | public agency legally
authorized to direct, control or | ||||||
22 | permit the removal of deceased human bodies. | ||||||
23 | (21) Advertising in a false or misleading manner or | ||||||
24 | advertising using
the name of an unlicensed person in | ||||||
25 | connection with any service being
rendered in the practice | ||||||
26 | of funeral directing or funeral directing and
embalming. |
| |||||||
| |||||||
1 | The use of any name of an unlicensed or unregistered person | ||||||
2 | in
an advertisement so as to imply that the person will | ||||||
3 | perform services is
considered misleading advertising. | ||||||
4 | Nothing in this paragraph shall prevent
including the name | ||||||
5 | of any owner, officer or corporate director of a funeral
| ||||||
6 | home, who is not a licensee, in any advertisement used by a | ||||||
7 | funeral home
with which the individual is affiliated, if | ||||||
8 | the advertisement specifies
the individual's affiliation | ||||||
9 | with the funeral home. | ||||||
10 | (22) Charging for professional services not rendered, | ||||||
11 | including filing false statements for the collection of | ||||||
12 | fees for which services are not rendered. | ||||||
13 | (23) Failing to account for or remit any monies, | ||||||
14 | documents, or personal
property that belongs to others that | ||||||
15 | comes into a licensee's possession. | ||||||
16 | (24) Treating any person differently to his detriment | ||||||
17 | because of
race, color, creed, gender, religion, or | ||||||
18 | national origin. | ||||||
19 | (25) Knowingly making any false statements, oral or | ||||||
20 | otherwise, of a
character likely to influence, persuade or | ||||||
21 | induce others in the course of
performing professional | ||||||
22 | services or activities. | ||||||
23 | (26) Willfully making or filing false records or | ||||||
24 | reports in the practice
of funeral directing and embalming, | ||||||
25 | including, but not limited to, false records filed with | ||||||
26 | State agencies or departments. |
| |||||||
| |||||||
1 | (27) Failing to acquire continuing education required | ||||||
2 | under this Code. | ||||||
3 | (28) (Blank). | ||||||
4 | (29) Aiding or assisting another person in violating | ||||||
5 | any provision of this Code or rules adopted pursuant to | ||||||
6 | this Code. | ||||||
7 | (30) Failing within 10 days, to provide information in | ||||||
8 | response to a written request made by the Department. | ||||||
9 | (31) Discipline by another state, District of | ||||||
10 | Columbia, territory, foreign nation, or governmental | ||||||
11 | agency, if at least one of the grounds for the discipline | ||||||
12 | is the same or substantially equivalent to those set forth | ||||||
13 | in this Section. | ||||||
14 | (32) (Blank). | ||||||
15 | (33) Mental illness or disability which results in the | ||||||
16 | inability to practice the profession with reasonable | ||||||
17 | judgment, skill, or safety. | ||||||
18 | (34) Gross, willful, or continued overcharging for | ||||||
19 | professional services, including filing false statements | ||||||
20 | for collection of fees for which services are not rendered. | ||||||
21 | (35) Physical illness, including, but not limited to, | ||||||
22 | deterioration through the aging process or loss of motor | ||||||
23 | skill which results in a licensee's inability to practice | ||||||
24 | under this Code with reasonable judgment, skill, or safety. | ||||||
25 | (36) Failing to comply with any of the following | ||||||
26 | required activities: |
| |||||||
| |||||||
1 | (A) When reasonably possible, a funeral director | ||||||
2 | licensee or funeral director and embalmer licensee or | ||||||
3 | anyone acting on his or
her behalf shall obtain the | ||||||
4 | express authorization of the person or persons
| ||||||
5 | responsible for making the funeral arrangements for a | ||||||
6 | deceased human body
prior to removing a body from the | ||||||
7 | place of death or any place it may be or
embalming or | ||||||
8 | attempting to embalm a deceased human body, unless | ||||||
9 | required by
State or local law. This requirement is | ||||||
10 | waived whenever removal or
embalming is directed by | ||||||
11 | local authorities who have jurisdiction.
If the | ||||||
12 | responsibility for the handling of the remains | ||||||
13 | lawfully falls under
the jurisdiction of a public | ||||||
14 | agency, then the regulations of the public
agency shall | ||||||
15 | prevail. | ||||||
16 | (B) A licensee shall clearly mark the price of any | ||||||
17 | casket offered for
sale or the price of any service | ||||||
18 | using the casket on or in the casket if
the casket is | ||||||
19 | displayed at the funeral establishment. If the casket | ||||||
20 | is
displayed at any other location, regardless of | ||||||
21 | whether the licensee is in
control of that location, | ||||||
22 | the casket shall be clearly marked and the
registrant | ||||||
23 | shall use books, catalogues, brochures, or other | ||||||
24 | printed display
aids to show the price of each casket | ||||||
25 | or service. | ||||||
26 | (C) At the time funeral arrangements are made and |
| |||||||
| |||||||
1 | prior to rendering the
funeral services, a licensee | ||||||
2 | shall furnish a written statement of services to be
| ||||||
3 | retained by the person or persons making the funeral | ||||||
4 | arrangements, signed
by both parties, that shall | ||||||
5 | contain: (i) the name, address and telephone number
of | ||||||
6 | the funeral establishment and the date on which the | ||||||
7 | arrangements were made;
(ii) the price of the service | ||||||
8 | selected and the services and merchandise
included for | ||||||
9 | that price; (iii) a clear disclosure that the person or | ||||||
10 | persons
making the arrangement may decline and receive | ||||||
11 | credit for any service or
merchandise not desired and | ||||||
12 | not required by law or the funeral director or the
| ||||||
13 | funeral director and embalmer; (iv) the supplemental | ||||||
14 | items of service and
merchandise requested and the | ||||||
15 | price of each item; (v) the terms or method of
payment | ||||||
16 | agreed upon; and (vi) a statement as to any monetary | ||||||
17 | advances made by
the registrant on behalf of the | ||||||
18 | family. The licensee shall maintain a copy of the | ||||||
19 | written statement of services in its permanent | ||||||
20 | records. All written statements of services are | ||||||
21 | subject to inspection by the Department. | ||||||
22 | (D) In all instances where the place of final | ||||||
23 | disposition of a deceased human body or the cremated | ||||||
24 | remains of a deceased human body is a cemetery, the | ||||||
25 | licensed funeral director and embalmer, or licensed | ||||||
26 | funeral director, who has been engaged to provide |
| |||||||
| |||||||
1 | funeral or embalming services shall remain at the | ||||||
2 | cemetery and personally witness the placement of the | ||||||
3 | human remains in their designated grave or the sealing | ||||||
4 | of the above ground depository, crypt, or urn. The | ||||||
5 | licensed funeral director or licensed funeral director | ||||||
6 | and embalmer may designate a licensed funeral director | ||||||
7 | and embalmer intern or representative of the funeral | ||||||
8 | home to be his or her witness to the placement of the | ||||||
9 | remains. If the cemetery authority, cemetery manager, | ||||||
10 | or any other agent of the cemetery takes any action | ||||||
11 | that prevents compliance with this paragraph (D), then | ||||||
12 | the funeral director and embalmer or funeral director | ||||||
13 | shall provide written notice to the Department within 5 | ||||||
14 | business days after failing to comply. If the | ||||||
15 | Department receives this notice, then the Department | ||||||
16 | shall not take any disciplinary action against the | ||||||
17 | funeral director and embalmer or funeral director for a | ||||||
18 | violation of this paragraph (D) unless the Department | ||||||
19 | finds that the cemetery authority, manager, or any | ||||||
20 | other agent of the cemetery did not prevent the funeral | ||||||
21 | director and embalmer or funeral director from | ||||||
22 | complying with this paragraph (D) as claimed in the | ||||||
23 | written notice. | ||||||
24 | (E) A funeral director or funeral director and | ||||||
25 | embalmer shall fully complete the portion of the | ||||||
26 | Certificate of Death under the responsibility of the |
| |||||||
| |||||||
1 | funeral director or funeral director and embalmer and | ||||||
2 | provide all required information. In the event that any | ||||||
3 | reported information subsequently changes or proves | ||||||
4 | incorrect, a funeral director or funeral director and | ||||||
5 | embalmer shall immediately upon learning the correct | ||||||
6 | information correct the Certificate of Death. | ||||||
7 | (37) A finding by the Department that the license, | ||||||
8 | after having his or
her license placed on probationary | ||||||
9 | status or subjected to conditions or
restrictions, | ||||||
10 | violated the terms of the probation or failed to comply | ||||||
11 | with such
terms or conditions. | ||||||
12 | (38) (Blank). | ||||||
13 | (39) Being named as a perpetrator in an indicated | ||||||
14 | report by the Department
of Children and Family Services | ||||||
15 | pursuant to the Abused and Neglected Child
Reporting Act | ||||||
16 | and, upon proof by clear and convincing evidence,
being | ||||||
17 | found to have caused a child to be an abused child or | ||||||
18 | neglected child as
defined
in the Abused and Neglected | ||||||
19 | Child Reporting Act. | ||||||
20 | (40) Habitual or excessive use or abuse of drugs | ||||||
21 | defined in law as controlled substances, alcohol, or any | ||||||
22 | other substance which results in the inability to practice | ||||||
23 | with reasonable judgment, skill, or safety. | ||||||
24 | (41) Practicing under a false or, except as provided by | ||||||
25 | law, an assumed name. | ||||||
26 | (42) Cheating on or attempting to subvert the licensing |
| |||||||
| |||||||
1 | examination administered under this Code. | ||||||
2 | (c) The Department may refuse to issue or renew or may | ||||||
3 | suspend without a hearing, as provided for in the Department of | ||||||
4 | Professional Regulation Law of the Civil Administrative Code of | ||||||
5 | Illinois, the license
of any person who fails to file a return, | ||||||
6 | to pay the tax, penalty or interest
shown in a filed return, or | ||||||
7 | to pay any final assessment of tax, penalty or
interest as | ||||||
8 | required by any tax Act administered by the Illinois Department | ||||||
9 | of
Revenue, until the time as the requirements of the tax Act | ||||||
10 | are satisfied in accordance with subsection (g) of Section | ||||||
11 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
12 | Civil Administrative Code of Illinois. | ||||||
13 | (d) No action may be taken under this Code against a person | ||||||
14 | licensed under this Code unless the action is commenced within | ||||||
15 | 5 years after the occurrence of the alleged violations. A | ||||||
16 | continuing violation shall be deemed to have occurred on the | ||||||
17 | date when the circumstances last existed that give rise to the | ||||||
18 | alleged violation. | ||||||
19 | (e) Nothing in this Section shall be construed or enforced | ||||||
20 | to give a funeral director and embalmer, or his or her | ||||||
21 | designees, authority over the operation of a cemetery or over | ||||||
22 | cemetery employees. Nothing in this Section shall be construed | ||||||
23 | or enforced to impose duties or penalties on cemeteries with | ||||||
24 | respect to the timing of the placement of human remains in | ||||||
25 | their designated grave or the sealing of the above ground | ||||||
26 | depository, crypt, or urn due to patron safety, the allocation |
| |||||||
| |||||||
1 | of cemetery staffing, liability insurance, a collective | ||||||
2 | bargaining agreement, or other such reasons. | ||||||
3 | (f) All fines imposed under this Section shall be paid 60 | ||||||
4 | days after the effective date of the order imposing the fine. | ||||||
5 | (g) (Blank) The Department shall deny a license or renewal | ||||||
6 | authorized by this Code to a person who has defaulted on an | ||||||
7 | educational loan or scholarship provided or guaranteed by the | ||||||
8 | Illinois Student Assistance Commission or any governmental | ||||||
9 | agency of this State in accordance with item (5) of subsection | ||||||
10 | (a) of Section 2105-15 of the Department of Professional | ||||||
11 | Regulation Law of the Civil Administrative Code of Illinois . | ||||||
12 | (h) In cases where the Department of Healthcare and Family | ||||||
13 | Services has previously determined a licensee or a potential | ||||||
14 | licensee is more than 30 days delinquent in the payment of | ||||||
15 | child support and has subsequently certified the delinquency to | ||||||
16 | the Department, the Department may refuse to issue or renew or | ||||||
17 | may revoke or suspend that person's license or may take other | ||||||
18 | disciplinary action against that person based solely upon the | ||||||
19 | certification of delinquency made by the Department of | ||||||
20 | Healthcare and Family Services in accordance with item (5) of | ||||||
21 | subsection (a) of Section 2105-15 of the Department of | ||||||
22 | Professional Regulation Law of the Civil Administrative Code of | ||||||
23 | Illinois. | ||||||
24 | (i) A person not licensed under this Code who is an owner | ||||||
25 | of a funeral establishment or funeral business shall not aid, | ||||||
26 | abet, assist, procure, advise, employ, or contract with any |
| |||||||
| |||||||
1 | unlicensed person to offer funeral services or aid, abet, | ||||||
2 | assist, or direct any licensed person contrary to or in | ||||||
3 | violation of any rules or provisions of this Code. A person | ||||||
4 | violating this subsection shall be treated as a licensee for | ||||||
5 | the purposes of disciplinary action under this Section and | ||||||
6 | shall be subject to cease and desist orders as provided in this | ||||||
7 | Code, the imposition of a fine up to $10,000 for each violation | ||||||
8 | and any other penalty provided by law. | ||||||
9 | (j) The determination by a circuit court that a licensee is | ||||||
10 | subject to involuntary admission or judicial admission as | ||||||
11 | provided in the Mental Health and Developmental Disabilities | ||||||
12 | Code, as amended, operates as an automatic suspension. The | ||||||
13 | suspension may end only upon a finding by a court that the | ||||||
14 | licensee is no longer subject to the involuntary admission or | ||||||
15 | judicial admission and issues an order so finding and | ||||||
16 | discharging the licensee, and upon the recommendation of the | ||||||
17 | Board to the Secretary that the licensee be allowed to resume | ||||||
18 | his or her practice. | ||||||
19 | (k) In enforcing this Code, the Department, upon a showing | ||||||
20 | of a possible violation, may compel an individual licensed to | ||||||
21 | practice under this Code, or who has applied for licensure | ||||||
22 | under this Code, to submit to a mental or physical examination, | ||||||
23 | or both, as required by and at the expense of the Department. | ||||||
24 | The Department may order the examining physician to present | ||||||
25 | testimony concerning the mental or physical examination of the | ||||||
26 | licensee or applicant. No information shall be excluded by |
| |||||||
| |||||||
1 | reason of any common law or statutory privilege relating to | ||||||
2 | communications between the licensee or applicant and the | ||||||
3 | examining physician. The examining physician shall be | ||||||
4 | specifically designated by the Department. The individual to be | ||||||
5 | examined may have, at his or her own expense, another physician | ||||||
6 | of his or her choice present during all aspects of this | ||||||
7 | examination. The examination shall be performed by a physician | ||||||
8 | licensed to practice medicine in all its branches. Failure of | ||||||
9 | an individual to submit to a mental or physical examination, | ||||||
10 | when directed, shall result in an automatic suspension without | ||||||
11 | hearing. | ||||||
12 | A person holding a license under this Code or who has | ||||||
13 | applied for a license under this Code who, because of a | ||||||
14 | physical or mental illness or disability, including, but not | ||||||
15 | limited to, deterioration through the aging process or loss of | ||||||
16 | motor skill, is unable to practice the profession with | ||||||
17 | reasonable judgment, skill, or safety, may be required by the | ||||||
18 | Department to submit to care, counseling, or treatment by | ||||||
19 | physicians approved or designated by the Department as a | ||||||
20 | condition, term, or restriction for continued, reinstated, or | ||||||
21 | renewed licensure to practice. Submission to care, counseling, | ||||||
22 | or treatment as required by the Department shall not be | ||||||
23 | considered discipline of a license. If the licensee refuses to | ||||||
24 | enter into a care, counseling, or treatment agreement or fails | ||||||
25 | to abide by the terms of the agreement, the Department may file | ||||||
26 | a complaint to revoke, suspend, or otherwise discipline the |
| |||||||
| |||||||
1 | license of the individual. The Secretary may order the license | ||||||
2 | suspended immediately, pending a hearing by the Department. | ||||||
3 | Fines shall not be assessed in disciplinary actions involving | ||||||
4 | physical or mental illness or impairment. | ||||||
5 | In instances in which the Secretary immediately suspends a | ||||||
6 | person's license under this Section, a hearing on that person's | ||||||
7 | license must be convened by the Department within 15 days after | ||||||
8 | the suspension and completed without appreciable delay. The | ||||||
9 | Department shall have the authority to review the subject | ||||||
10 | individual's record of treatment and counseling regarding the | ||||||
11 | impairment to the extent permitted by applicable federal | ||||||
12 | statutes and regulations safeguarding the confidentiality of | ||||||
13 | medical records. | ||||||
14 | An individual licensed under this Code and affected under | ||||||
15 | this Section shall be afforded an opportunity to demonstrate to | ||||||
16 | the Department that he or she can resume practice in compliance | ||||||
17 | with acceptable and prevailing standards under the provisions | ||||||
18 | of his or her license. | ||||||
19 | (Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
| ||||||
20 | Section 40. The Marriage and Family Therapy Licensing Act | ||||||
21 | is amended by changing Section 85 as follows:
| ||||||
22 | (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
24 | Sec. 85. Refusal, revocation, or suspension.
|
| |||||||
| |||||||
1 | (a) The Department may refuse to issue or renew, or may | ||||||
2 | revoke a
license, or may suspend, place on probation, fine, or | ||||||
3 | take any
disciplinary or non-disciplinary action as the | ||||||
4 | Department may deem proper, including fines not
to exceed | ||||||
5 | $10,000
for each violation, with regard to any licensee for any | ||||||
6 | one or
combination of the following causes:
| ||||||
7 | (1) Material misstatement in furnishing information to | ||||||
8 | the Department.
| ||||||
9 | (2) Violations of this Act or its rules.
| ||||||
10 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
11 | contendere to any crime that is a felony under the laws of | ||||||
12 | the United States or any
state or territory thereof or
a | ||||||
13 | misdemeanor
of which an
essential element is dishonesty or | ||||||
14 | that
is
directly related to the practice of the profession.
| ||||||
15 | (4) Making any misrepresentation for the purpose of | ||||||
16 | obtaining a license
or violating any provision of this Act | ||||||
17 | or its rules.
| ||||||
18 | (5) Professional incompetence.
| ||||||
19 | (6) Gross negligence.
| ||||||
20 | (7) Aiding or assisting another person in violating any | ||||||
21 | provision of
this Act or its rules.
| ||||||
22 | (8) Failing, within 30
days, to provide information in | ||||||
23 | response to a
written request made by the Department.
| ||||||
24 | (9) Engaging in dishonorable, unethical, or | ||||||
25 | unprofessional conduct of
a
character likely to deceive, | ||||||
26 | defraud or harm the public as defined by the
rules of the |
| |||||||
| |||||||
1 | Department, or violating the rules of professional conduct
| ||||||
2 | adopted by the Board and published by the Department.
| ||||||
3 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
5 | that results in the inability
to practice with reasonable | ||||||
6 | judgment, skill, or safety.
| ||||||
7 | (11) Discipline by another state, territory, or | ||||||
8 | country if at least one
of the grounds for the discipline | ||||||
9 | is the same or substantially equivalent
to those set forth | ||||||
10 | in this Act.
| ||||||
11 | (12) 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 paragraph (12) 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 paragraph (12) shall be construed to | ||||||
24 | require an employment arrangement to receive professional | ||||||
25 | fees for services rendered.
| ||||||
26 | (13) A finding by the Department that the licensee, |
| |||||||
| |||||||
1 | after
having his or her license placed on probationary | ||||||
2 | status, has violated the
terms of probation.
| ||||||
3 | (14) Abandonment of a patient without cause.
| ||||||
4 | (15) Willfully making or filing false records or | ||||||
5 | reports relating to a
licensee's practice, including but | ||||||
6 | not limited to false records filed with
State agencies or | ||||||
7 | departments.
| ||||||
8 | (16) Wilfully failing to report an instance of | ||||||
9 | suspected child abuse
or neglect as required by the Abused | ||||||
10 | and Neglected Child Reporting Act.
| ||||||
11 | (17) Being named as a perpetrator in an indicated | ||||||
12 | report by the
Department of Children and Family Services | ||||||
13 | under the Abused and Neglected
Child Reporting Act and upon | ||||||
14 | proof by clear and convincing evidence that
the licensee | ||||||
15 | has caused a child to be an abused child or neglected child | ||||||
16 | as
defined in the Abused and Neglected Child Reporting Act.
| ||||||
17 | (18) Physical illness or mental illness or impairment, | ||||||
18 | including, but not limited to, deterioration through
the | ||||||
19 | aging process or loss of motor skill
that results
in the
| ||||||
20 | inability to practice the profession with reasonable | ||||||
21 | judgment, skill, or
safety.
| ||||||
22 | (19) Solicitation of professional services by using | ||||||
23 | false or misleading
advertising.
| ||||||
24 | (20) A finding that licensure has been applied for or | ||||||
25 | obtained by
fraudulent means.
| ||||||
26 | (21) Practicing or attempting to practice under a name |
| |||||||
| |||||||
1 | other than the
full name as shown on the license or any | ||||||
2 | other legally authorized name.
| ||||||
3 | (22) Gross overcharging for professional services | ||||||
4 | including filing
statements for collection of fees or | ||||||
5 | moneys for which services
are not
rendered.
| ||||||
6 | (b) (Blank) The Department shall deny any application for a | ||||||
7 | license or renewal, without
hearing, under this Act to any | ||||||
8 | person who has defaulted on an
educational loan guaranteed by | ||||||
9 | the Illinois Student Assistance Commission;
however, the | ||||||
10 | Department may issue a license or renewal if the person in | ||||||
11 | default
has established a satisfactory repayment record as | ||||||
12 | determined by the Illinois
Student Assistance Commission .
| ||||||
13 | (c) The determination by a circuit court that a licensee is | ||||||
14 | subject to
involuntary admission or judicial admission, as | ||||||
15 | provided in the Mental
Health and Developmental Disabilities | ||||||
16 | Code, operates as an automatic
suspension. The suspension will | ||||||
17 | terminate only upon a finding by a court
that the patient is no | ||||||
18 | longer subject to involuntary admission or judicial
admission | ||||||
19 | and the issuance of an order so finding and discharging the
| ||||||
20 | patient, and upon the recommendation of the Board to the | ||||||
21 | Secretary
that the
licensee be allowed to resume his or her | ||||||
22 | practice as a licensed marriage
and family therapist or an | ||||||
23 | associate marriage and family therapist.
| ||||||
24 | (d) The Department may refuse to issue or may suspend the | ||||||
25 | license of any
person who fails to file a return, pay the tax, | ||||||
26 | penalty, or interest shown
in a filed return or pay any final |
| |||||||
| |||||||
1 | assessment of tax, penalty, or interest,
as required by any tax | ||||||
2 | Act administered by the Illinois Department of
Revenue, until | ||||||
3 | the time the requirements of the tax Act are satisfied.
| ||||||
4 | (e) In enforcing this Section, the Department or Board upon | ||||||
5 | a showing of a
possible
violation may compel an individual | ||||||
6 | licensed to practice under this Act, or
who has applied for | ||||||
7 | licensure under this Act, to submit
to a mental or physical | ||||||
8 | examination, or both, as required by and at the expense
of the | ||||||
9 | Department. The Department or Board may order the examining | ||||||
10 | physician to
present
testimony concerning the mental or | ||||||
11 | physical examination of the licensee or
applicant. No | ||||||
12 | information shall be excluded by reason of any common law or
| ||||||
13 | statutory privilege relating to communications between the | ||||||
14 | licensee or
applicant and the examining physician. The | ||||||
15 | examining
physicians
shall be specifically designated by the | ||||||
16 | Board or Department.
The individual to be examined may have, at | ||||||
17 | his or her own expense, another
physician of his or her choice | ||||||
18 | present during all
aspects of this examination. Failure of an | ||||||
19 | individual to submit to a mental
or
physical examination, when | ||||||
20 | directed, shall be grounds for suspension of his or
her
license | ||||||
21 | until the individual submits to the examination if the | ||||||
22 | Department
finds,
after notice and hearing, that the refusal to | ||||||
23 | submit to the examination was
without reasonable cause.
| ||||||
24 | If the Department or Board finds an individual unable to | ||||||
25 | practice because of
the
reasons
set forth in this Section, the | ||||||
26 | Department or Board may require that individual
to submit
to
|
| |||||||
| |||||||
1 | care, counseling, or treatment by physicians approved
or | ||||||
2 | designated by the Department or Board, as a condition, term, or | ||||||
3 | restriction
for continued,
reinstated, or
renewed licensure to | ||||||
4 | practice; or, in lieu of care, counseling, or treatment,
the | ||||||
5 | Department may file, or
the Board may recommend to the | ||||||
6 | Department to file, a complaint to immediately
suspend, revoke, | ||||||
7 | or otherwise discipline the license of the individual.
An | ||||||
8 | individual whose
license was granted, continued, reinstated, | ||||||
9 | renewed, disciplined or supervised
subject to such terms, | ||||||
10 | conditions, or restrictions, and who fails to comply
with
such | ||||||
11 | terms, conditions, or restrictions, shall be referred to the | ||||||
12 | Secretary
for
a
determination as to whether the individual | ||||||
13 | shall have his or her license
suspended immediately, pending a | ||||||
14 | hearing by the Department.
| ||||||
15 | In instances in which the Secretary
immediately suspends a | ||||||
16 | person's license
under this Section, a hearing on that person's | ||||||
17 | license must be convened by
the Department within 30
days after | ||||||
18 | the suspension and completed without
appreciable
delay.
The | ||||||
19 | Department and Board shall have the authority to review the | ||||||
20 | subject
individual's record of
treatment and counseling | ||||||
21 | regarding the impairment to the extent permitted by
applicable | ||||||
22 | federal statutes and regulations safeguarding the | ||||||
23 | confidentiality of
medical records.
| ||||||
24 | An individual licensed under this Act and affected under | ||||||
25 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
26 | the Department or Board that he or
she can resume
practice in |
| |||||||
| |||||||
1 | compliance with acceptable and prevailing standards under the
| ||||||
2 | provisions of his or her license.
| ||||||
3 | (Source: P.A. 95-703, eff. 12-31-07; 96-1482, eff. 11-29-10.)
| ||||||
4 | Section 45. The Massage Licensing Act is amended by | ||||||
5 | changing Section 45 as follows:
| ||||||
6 | (225 ILCS 57/45)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
8 | Sec. 45. Grounds for discipline.
| ||||||
9 | (a) The Department may refuse to issue or renew, or may | ||||||
10 | revoke, suspend,
place
on
probation, reprimand, or take other | ||||||
11 | disciplinary or non-disciplinary action, as the Department
| ||||||
12 | considers appropriate,
including the imposition of fines not to | ||||||
13 | exceed $10,000 for each violation, with
regard to any license | ||||||
14 | or licensee
for any one or more of the following:
| ||||||
15 | (1) violations of this Act or of the rules adopted | ||||||
16 | under this Act;
| ||||||
17 | (2) conviction by plea of guilty or nolo contendere, | ||||||
18 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
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: (i) that | ||||||
23 | is a felony; or (ii) that is a misdemeanor, an essential | ||||||
24 | element of which is dishonesty, or that is directly related |
| |||||||
| |||||||
1 | to the practice of the profession;
| ||||||
2 | (3) professional incompetence;
| ||||||
3 | (4) advertising in a false, deceptive, or misleading | ||||||
4 | manner; | ||||||
5 | (5) aiding, abetting, assisting, procuring, advising, | ||||||
6 | employing, or contracting with any unlicensed person to | ||||||
7 | practice massage contrary to any rules or provisions of | ||||||
8 | this Act; | ||||||
9 | (6) engaging in immoral conduct in the commission of | ||||||
10 | any act, such as
sexual abuse, sexual misconduct, or sexual | ||||||
11 | exploitation, related to the
licensee's practice;
| ||||||
12 | (7) engaging in dishonorable, unethical, or | ||||||
13 | unprofessional conduct of a
character
likely to deceive, | ||||||
14 | defraud, or harm the public;
| ||||||
15 | (8) practicing or offering to practice beyond the scope | ||||||
16 | permitted by law
or
accepting and performing professional | ||||||
17 | responsibilities which the licensee knows
or has reason to
| ||||||
18 | know that he or she is not competent to perform;
| ||||||
19 | (9) knowingly delegating professional responsibilities | ||||||
20 | to a person
unqualified by
training, experience, or | ||||||
21 | licensure to perform;
| ||||||
22 | (10) failing to provide information in response to a | ||||||
23 | written request made
by the
Department within 60 days;
| ||||||
24 | (11) having a habitual or excessive use of or addiction | ||||||
25 | to alcohol,
narcotics,
stimulants, or
any other chemical | ||||||
26 | agent or drug which results in the inability to practice
|
| |||||||
| |||||||
1 | with reasonable
judgment, skill, or safety;
| ||||||
2 | (12) having a pattern of practice or other behavior | ||||||
3 | that demonstrates
incapacity
or
incompetence to practice | ||||||
4 | under this Act;
| ||||||
5 | (13) discipline by another state, District of | ||||||
6 | Columbia, territory, or foreign nation, if at least one of | ||||||
7 | the grounds for the discipline is the same or substantially | ||||||
8 | equivalent to those set forth in this Section; | ||||||
9 | (14) a finding by the Department that the licensee, | ||||||
10 | after having his or her license placed on probationary | ||||||
11 | status, has violated the terms of probation; | ||||||
12 | (15) willfully making or filing false records or | ||||||
13 | reports in his or her practice, including, but not limited | ||||||
14 | to, false records filed with State agencies or departments; | ||||||
15 | (16) making a material misstatement in furnishing | ||||||
16 | information to the
Department or
otherwise making | ||||||
17 | misleading, deceptive, untrue, or fraudulent | ||||||
18 | representations
in violation of this
Act or otherwise in | ||||||
19 | the practice of the profession;
| ||||||
20 | (17) fraud or misrepresentation in applying for or | ||||||
21 | procuring a license under this Act or in connection with | ||||||
22 | applying for renewal of a license under this Act;
| ||||||
23 | (18) inability to practice the profession with | ||||||
24 | reasonable judgment, skill, or safety as a result of | ||||||
25 | physical illness, including, but not limited to, | ||||||
26 | deterioration through the aging process, loss of motor |
| |||||||
| |||||||
1 | skill, or a mental illness or disability;
| ||||||
2 | (19) charging for professional services not rendered, | ||||||
3 | including filing false statements for the collection of | ||||||
4 | fees for which services are not rendered; | ||||||
5 | (20) practicing under a false or, except as provided by | ||||||
6 | law, an assumed name; or | ||||||
7 | (21) cheating on or attempting to subvert the licensing | ||||||
8 | examination administered under this Act. | ||||||
9 | All fines shall be paid within 60 days of the effective | ||||||
10 | date of the order imposing the fine. | ||||||
11 | (b) A person not licensed under this Act and engaged in the | ||||||
12 | business of offering massage therapy services through others, | ||||||
13 | shall not aid, abet, assist, procure, advise, employ, or | ||||||
14 | contract with any unlicensed person to practice massage therapy | ||||||
15 | contrary to any rules or provisions of this Act. A person | ||||||
16 | violating this subsection (b) shall be treated as a licensee | ||||||
17 | for the purposes of disciplinary action under this Section and | ||||||
18 | shall be subject to cease and desist orders as provided in | ||||||
19 | Section 90 of this Act. | ||||||
20 | (c) The Department shall revoke any license issued under | ||||||
21 | this Act of any person who is convicted of prostitution, rape, | ||||||
22 | sexual misconduct, or any crime that subjects the licensee to | ||||||
23 | compliance with the requirements of the Sex Offender | ||||||
24 | Registration Act and any such conviction shall operate as a | ||||||
25 | permanent bar in the State of Illinois to practice as a massage | ||||||
26 | therapist. |
| |||||||
| |||||||
1 | (d) The Department may refuse to issue or may suspend the | ||||||
2 | license of any
person who
fails to file a tax return, to pay | ||||||
3 | the tax, penalty, or interest shown in a
filed
tax return, or | ||||||
4 | to pay any final
assessment of tax, penalty, or interest, as | ||||||
5 | required by any tax Act
administered by the Illinois
Department | ||||||
6 | of Revenue, until such time as the requirements of the tax Act | ||||||
7 | are
satisfied in accordance with subsection (g) of Section | ||||||
8 | 2105-15 of the Civil Administrative Code of Illinois.
| ||||||
9 | (e) (Blank) The Department shall deny a license or renewal | ||||||
10 | authorized by this Act to a person who has defaulted on an | ||||||
11 | educational loan or scholarship provided or guaranteed by the | ||||||
12 | Illinois Student Assistance Commission or any governmental | ||||||
13 | agency of this State in accordance with item (5) of subsection | ||||||
14 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
15 | Illinois . | ||||||
16 | (f) In cases where the Department of Healthcare and Family | ||||||
17 | Services has previously determined that a licensee or a | ||||||
18 | potential licensee is more than 30 days delinquent in the | ||||||
19 | payment of child support and has subsequently certified the | ||||||
20 | delinquency to the Department, the Department may refuse to | ||||||
21 | issue or renew or may revoke or suspend that person's license | ||||||
22 | or may take other disciplinary action against that person based | ||||||
23 | solely upon the certification of delinquency made by the | ||||||
24 | Department of Healthcare and Family Services in accordance with | ||||||
25 | item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
26 | Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (g) The determination by a circuit court that a licensee is
| ||||||
2 | subject
to involuntary admission or judicial admission, as | ||||||
3 | provided in the Mental
Health and
Developmental Disabilities | ||||||
4 | Code, operates as an automatic suspension. The
suspension
will | ||||||
5 | end only upon a finding by a court that the patient is no | ||||||
6 | longer
subject to
involuntary admission or judicial admission | ||||||
7 | and the issuance of a court
order so finding
and discharging | ||||||
8 | the patient.
| ||||||
9 | (h) In enforcing this Act, the Department or Board, upon a | ||||||
10 | showing of a
possible violation, may compel an individual | ||||||
11 | licensed to practice under this
Act, or who
has applied for | ||||||
12 | licensure under this Act, to submit to a mental or physical
| ||||||
13 | examination, or
both, as required by and at the expense of the | ||||||
14 | Department. The Department or
Board may
order the examining | ||||||
15 | physician to present testimony concerning the mental or
| ||||||
16 | physical
examination of the licensee or applicant. No | ||||||
17 | information shall be excluded by
reason of
any common law or | ||||||
18 | statutory privilege relating to communications between the
| ||||||
19 | licensee
or applicant and the examining physician. The | ||||||
20 | examining physicians shall be
specifically
designated by the | ||||||
21 | Board or Department. The individual to be examined may have,
at | ||||||
22 | his
or her own expense, another physician of his or her choice | ||||||
23 | present during all aspects of
this examination. The examination | ||||||
24 | shall be performed by a physician licensed
to practice
medicine | ||||||
25 | in all its branches. Failure of an individual to submit to a | ||||||
26 | mental
or physical
examination, when directed, shall result in |
| |||||||
| |||||||
1 | an automatic suspension without hearing.
| ||||||
2 | A person holding a license under this Act or who has | ||||||
3 | applied for a license under this Act who, because of a physical | ||||||
4 | or mental illness or disability, including, but not limited to, | ||||||
5 | deterioration through the aging process or loss of motor skill, | ||||||
6 | is unable to practice the profession with reasonable judgment, | ||||||
7 | skill, or safety, may be required by the Department to submit | ||||||
8 | to care, counseling, or treatment by physicians approved or | ||||||
9 | designated by the Department as a condition, term, or | ||||||
10 | restriction for continued, reinstated, or renewed licensure to | ||||||
11 | practice. Submission to care, counseling, or treatment as | ||||||
12 | required by the Department shall not be considered discipline | ||||||
13 | of a license. If the licensee refuses to enter into a care, | ||||||
14 | counseling, or treatment agreement or fails to abide by the | ||||||
15 | terms of the agreement, the Department may file a complaint to | ||||||
16 | revoke, suspend, or otherwise discipline the license of the | ||||||
17 | individual. The Secretary may order the license suspended | ||||||
18 | immediately, pending a hearing by the Department. Fines shall | ||||||
19 | not be assessed in disciplinary actions involving physical or | ||||||
20 | mental illness or impairment.
| ||||||
21 | In instances in which the Secretary immediately suspends a | ||||||
22 | person's license
under
this Section, a hearing on that person's | ||||||
23 | license must be convened by the
Department
within 15 days after | ||||||
24 | the suspension and completed without appreciable delay.
The
| ||||||
25 | Department and Board shall have the authority to review the | ||||||
26 | subject
individual's record
of treatment and counseling |
| |||||||
| |||||||
1 | regarding the impairment to the extent permitted by
applicable | ||||||
2 | federal statutes and regulations safeguarding the | ||||||
3 | confidentiality of
medical
records.
| ||||||
4 | An individual licensed under this Act and affected under | ||||||
5 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
6 | the Department or Board that he or
she can
resume practice in | ||||||
7 | compliance with acceptable and prevailing standards under
the
| ||||||
8 | provisions of his or her license.
| ||||||
9 | (Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
| ||||||
10 | Section 50. The Naprapathic Practice Act is amended by | ||||||
11 | changing Section 110 as follows:
| ||||||
12 | (225 ILCS 63/110)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
14 | Sec. 110. Grounds for disciplinary action; refusal, | ||||||
15 | revocation,
suspension. | ||||||
16 | (a) The Department may refuse to issue or to renew, or may | ||||||
17 | revoke, suspend,
place on probation, reprimand or take other | ||||||
18 | disciplinary or non-disciplinary action as
the
Department may | ||||||
19 | deem appropriate, including imposing fines not to exceed | ||||||
20 | $10,000 for each
violation, with regard to any licensee or | ||||||
21 | license for any one or
combination of
the
following causes:
| ||||||
22 | (1) Violations of this Act or of rules adopted under | ||||||
23 | this Act.
| ||||||
24 | (2) Material misstatement in furnishing information to |
| |||||||
| |||||||
1 | the Department.
| ||||||
2 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
3 | finding of guilt, jury verdict, or entry of judgment, or by | ||||||
4 | sentencing of any crime, including, but not limited to, | ||||||
5 | convictions, preceding sentences of supervision, | ||||||
6 | conditional discharge, or first offender probation, under | ||||||
7 | the laws of any jurisdiction of the United States: (i) that | ||||||
8 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
9 | element of which is dishonesty, or that is directly related | ||||||
10 | to the practice of the profession.
| ||||||
11 | (4) Fraud or any misrepresentation in applying for or | ||||||
12 | procuring a license under this Act or in connection with | ||||||
13 | applying for renewal of a license under this Act.
| ||||||
14 | (5) Professional incompetence or gross negligence.
| ||||||
15 | (6) Malpractice.
| ||||||
16 | (7) Aiding or assisting another person in violating any
| ||||||
17 | provision of
this Act or its rules.
| ||||||
18 | (8) Failing to provide information within 60 days in | ||||||
19 | response
to a
written request made by the Department.
| ||||||
20 | (9) Engaging in dishonorable, unethical, or | ||||||
21 | unprofessional
conduct of a
character likely to deceive, | ||||||
22 | defraud, or harm the public.
| ||||||
23 | (10) Habitual or excessive use or abuse of drugs | ||||||
24 | defined in law as controlled substances, alcohol, or any | ||||||
25 | other substance which results in the
inability to practice | ||||||
26 | with reasonable judgment, skill, or safety.
|
| |||||||
| |||||||
1 | (11) Discipline by another U.S. jurisdiction or | ||||||
2 | foreign
nation if at
least one of the grounds for the | ||||||
3 | discipline is the same or substantially
equivalent to those | ||||||
4 | set forth in this Act.
| ||||||
5 | (12) Directly or indirectly giving to or receiving from | ||||||
6 | any
person, firm,
corporation, partnership, or association | ||||||
7 | any fee, commission, rebate, or
other form of compensation | ||||||
8 | for any professional services not actually or
personally | ||||||
9 | rendered. This shall not be deemed to include rent or other
| ||||||
10 | remunerations paid to an individual, partnership, or | ||||||
11 | corporation by a
naprapath for the lease, rental, or use of | ||||||
12 | space, owned or controlled by
the individual, partnership, | ||||||
13 | corporation, or association. Nothing in this paragraph | ||||||
14 | (12) affects any bona fide independent contractor or | ||||||
15 | employment arrangements among health care professionals, | ||||||
16 | health facilities, health care providers, or other | ||||||
17 | entities, except as otherwise prohibited by law. Any | ||||||
18 | employment arrangements may include provisions for | ||||||
19 | compensation, health insurance, pension, or other | ||||||
20 | employment benefits for the provision of services within | ||||||
21 | the scope of the licensee's practice under this Act. | ||||||
22 | Nothing in this paragraph (12) shall be construed to | ||||||
23 | require an employment arrangement to receive professional | ||||||
24 | fees for services rendered.
| ||||||
25 | (13) Using the title "Doctor" or its abbreviation | ||||||
26 | without further
clarifying that title or abbreviation with |
| |||||||
| |||||||
1 | the word "naprapath" or "naprapathy"
or the designation | ||||||
2 | "D.N.".
| ||||||
3 | (14) A finding by the Department that the licensee, | ||||||
4 | after
having his
or her license placed on probationary | ||||||
5 | status, has violated the terms of
probation.
| ||||||
6 | (15) Abandonment of a patient without cause.
| ||||||
7 | (16) Willfully making or filing false records or | ||||||
8 | reports
relating to a licensee's
practice, including but | ||||||
9 | not limited to, false records filed with State
agencies or | ||||||
10 | departments.
| ||||||
11 | (17) Willfully failing to report an instance of | ||||||
12 | suspected
child abuse or
neglect as required by the Abused | ||||||
13 | and Neglected Child Reporting Act.
| ||||||
14 | (18) Physical or mental illness or disability, | ||||||
15 | including, but not limited to,
deterioration
through the | ||||||
16 | aging process or loss of motor skill that results in the
| ||||||
17 | inability to practice the profession with reasonable | ||||||
18 | judgment, skill,
or safety.
| ||||||
19 | (19) Solicitation of professional services by means | ||||||
20 | other
than
permitted advertising.
| ||||||
21 | (20) Failure to provide a patient with a copy of his or | ||||||
22 | her
record
upon the written request of the patient.
| ||||||
23 | (21) Cheating on or attempting to subvert the licensing | ||||||
24 | examination administered under this Act.
| ||||||
25 | (22) Allowing one's license under this Act to be used | ||||||
26 | by an unlicensed person in violation of this Act.
|
| |||||||
| |||||||
1 | (23) (Blank).
| ||||||
2 | (24) 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 | (25) Practicing under a false or, except as provided by | ||||||
10 | law, an assumed name.
| ||||||
11 | (26) Immoral conduct in the commission of any act, such | ||||||
12 | as
sexual abuse,
sexual misconduct, or sexual | ||||||
13 | exploitation, related to the licensee's practice.
| ||||||
14 | (27) Maintaining a professional relationship with any | ||||||
15 | person,
firm, or
corporation when the naprapath knows, or | ||||||
16 | should know, that the person,
firm, or corporation is | ||||||
17 | violating this Act.
| ||||||
18 | (28) Promotion of the sale of food supplements, | ||||||
19 | devices,
appliances, or
goods provided for a client or | ||||||
20 | patient in such manner as to exploit the
patient or client | ||||||
21 | for financial gain of the licensee.
| ||||||
22 | (29) Having treated ailments of human beings other than | ||||||
23 | by
the
practice of naprapathy as defined in this Act, or | ||||||
24 | having treated ailments
of human beings as a licensed | ||||||
25 | naprapath independent of a documented
referral or | ||||||
26 | documented current and relevant diagnosis from a |
| |||||||
| |||||||
1 | physician,
dentist, or podiatric physician, or having | ||||||
2 | failed to notify the physician, dentist,
or podiatric | ||||||
3 | physician who established a documented current and | ||||||
4 | relevant
diagnosis that the patient is receiving | ||||||
5 | naprapathic treatment pursuant to
that diagnosis.
| ||||||
6 | (30) Use by a registered naprapath of the word | ||||||
7 | "infirmary",
"hospital",
"school", "university", in | ||||||
8 | English or any other language, in connection
with the place | ||||||
9 | where naprapathy may be practiced or demonstrated.
| ||||||
10 | (31) Continuance of a naprapath in the employ of any | ||||||
11 | person,
firm, or
corporation, or as an assistant to any | ||||||
12 | naprapath or naprapaths, directly or
indirectly, after his | ||||||
13 | or her employer or superior has been found guilty of
| ||||||
14 | violating or has been enjoined from violating the laws of | ||||||
15 | the State of
Illinois relating to the practice of | ||||||
16 | naprapathy when the employer or
superior persists in that | ||||||
17 | violation.
| ||||||
18 | (32) The performance of naprapathic service in | ||||||
19 | conjunction
with a scheme
or plan with another person, | ||||||
20 | firm, or corporation known to be advertising in
a manner | ||||||
21 | contrary to this Act or otherwise violating the laws of the | ||||||
22 | State
of Illinois concerning the practice of naprapathy.
| ||||||
23 | (33) Failure to provide satisfactory proof of having
| ||||||
24 | participated in
approved continuing education programs as | ||||||
25 | determined by and
approved by the Secretary. Exceptions for | ||||||
26 | extreme hardships are to be
defined by the rules of the |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | (34) (Blank).
| ||||||
3 | (35) Gross or willful overcharging for
professional | ||||||
4 | services.
| ||||||
5 | (36) (Blank).
| ||||||
6 | All fines imposed under this Section shall be paid within | ||||||
7 | 60 days after the effective date of the order imposing the | ||||||
8 | fine. | ||||||
9 | (b) The Department may refuse to issue or may suspend | ||||||
10 | without hearing, as provided for in the Department of | ||||||
11 | Professional Regulation Law of the Civil Administrative Code, | ||||||
12 | the license of any person who fails to file a return, or pay | ||||||
13 | the tax, penalty, or interest shown in a filed return, or pay | ||||||
14 | any final assessment of the tax, penalty, or interest as | ||||||
15 | required by any tax Act administered by the Illinois Department | ||||||
16 | of Revenue, until such time as the requirements of any such tax | ||||||
17 | Act are satisfied in accordance with subsection (g) of Section | ||||||
18 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
19 | Civil Administrative Code of Illinois. | ||||||
20 | (c) (Blank) The Department shall deny a license or renewal | ||||||
21 | authorized by this Act to a person who has defaulted on an | ||||||
22 | educational loan or scholarship provided or guaranteed by the | ||||||
23 | Illinois Student Assistance Commission or any governmental | ||||||
24 | agency of this State in accordance with item (5) of subsection | ||||||
25 | (a) of Section 2105-15 of the Department of Professional | ||||||
26 | Regulation Law of the Civil Administrative Code of Illinois . |
| |||||||
| |||||||
1 | (d) In cases where the Department of Healthcare and Family | ||||||
2 | Services has previously determined a licensee or a potential | ||||||
3 | licensee is more than 30 days delinquent in the payment of | ||||||
4 | child support and has subsequently certified the delinquency to | ||||||
5 | the Department, the Department may refuse to issue or renew or | ||||||
6 | may revoke or suspend that person's license or may take other | ||||||
7 | disciplinary action against that person based solely upon the | ||||||
8 | certification of delinquency made by the Department of | ||||||
9 | Healthcare and Family Services in accordance with item (5) of | ||||||
10 | subsection (a) of Section 2105-15 of the Department of | ||||||
11 | Professional Regulation Law of the Civil Administrative Code of | ||||||
12 | Illinois. | ||||||
13 | (e) The determination by a circuit court that a licensee is | ||||||
14 | subject to involuntary admission or judicial admission, as | ||||||
15 | provided in the Mental Health and Developmental Disabilities | ||||||
16 | Code, operates as an automatic suspension. The suspension shall | ||||||
17 | end only upon a finding by a court that the patient is no | ||||||
18 | longer subject to involuntary admission or judicial admission | ||||||
19 | and the issuance of an order so finding and discharging the | ||||||
20 | patient. | ||||||
21 | (f) In enforcing this Act, the Department, upon a showing | ||||||
22 | of a possible violation, may compel an individual licensed to | ||||||
23 | practice under this Act, or who has applied for licensure under | ||||||
24 | this Act, to submit to a mental or physical examination and | ||||||
25 | evaluation, or both, which may include a substance abuse or | ||||||
26 | sexual offender evaluation, as required by and at the expense |
| |||||||
| |||||||
1 | of the Department. The Department shall specifically designate | ||||||
2 | the examining physician licensed to practice medicine in all of | ||||||
3 | its branches or, if applicable, the multidisciplinary team | ||||||
4 | involved in providing the mental or physical examination and | ||||||
5 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
6 | a physician licensed to practice medicine in all of its | ||||||
7 | branches and may consist of one or more or a combination of | ||||||
8 | physicians licensed to practice medicine in all of its | ||||||
9 | branches, licensed chiropractic physicians, licensed clinical | ||||||
10 | psychologists, licensed clinical social workers, licensed | ||||||
11 | clinical professional counselors, and other professional and | ||||||
12 | administrative staff. Any examining physician or member of the | ||||||
13 | multidisciplinary team may require any person ordered to submit | ||||||
14 | to an examination and evaluation pursuant to this Section to | ||||||
15 | submit to any additional supplemental testing deemed necessary | ||||||
16 | to complete any examination or evaluation process, including, | ||||||
17 | but not limited to, blood testing, urinalysis, psychological | ||||||
18 | testing, or neuropsychological testing. | ||||||
19 | The Department may order the examining physician or any | ||||||
20 | member of the multidisciplinary team to provide to the | ||||||
21 | Department any and all records including business records that | ||||||
22 | relate to the examination and evaluation, including any | ||||||
23 | supplemental testing performed. The Department may order the | ||||||
24 | examining physician or any member of the multidisciplinary team | ||||||
25 | to present testimony concerning the examination and evaluation | ||||||
26 | of the licensee or applicant, including testimony concerning |
| |||||||
| |||||||
1 | any supplemental testing or documents in any way related to the | ||||||
2 | examination and evaluation. No information, report, record, or | ||||||
3 | other documents in any way related to the examination and | ||||||
4 | evaluation shall be excluded by reason of any common law or | ||||||
5 | statutory privilege relating to communications between the | ||||||
6 | licensee or applicant and the examining physician or any member | ||||||
7 | of the multidisciplinary team. No authorization is necessary | ||||||
8 | from the licensee or applicant ordered to undergo an evaluation | ||||||
9 | and examination for the examining physician or any member of | ||||||
10 | the multidisciplinary team to provide information, reports, | ||||||
11 | records, or other documents or to provide any testimony | ||||||
12 | regarding the examination and evaluation. The individual to be | ||||||
13 | examined may have, at his or her own expense, another physician | ||||||
14 | of his or her choice present during all aspects of this | ||||||
15 | examination. Failure of an individual to submit to a mental or | ||||||
16 | physical examination and evaluation, or both, when directed, | ||||||
17 | shall result in an automatic suspension without hearing, until | ||||||
18 | such time as the individual submits to the examination. | ||||||
19 | A person holding a license under this Act or who has | ||||||
20 | applied for a license under this Act who, because of a physical | ||||||
21 | or mental illness or disability, including, but not limited to, | ||||||
22 | deterioration through the aging process or loss of motor skill, | ||||||
23 | is unable to practice the profession with reasonable judgment, | ||||||
24 | skill, or safety, may be required by the Department to submit | ||||||
25 | to care, counseling, or treatment by physicians approved or | ||||||
26 | designated by the Department as a condition, term, or |
| |||||||
| |||||||
1 | restriction for continued, reinstated, or renewed licensure to | ||||||
2 | practice. Submission to care, counseling, or treatment as | ||||||
3 | required by the Department shall not be considered discipline | ||||||
4 | of a license. If the licensee refuses to enter into a care, | ||||||
5 | counseling, or treatment agreement or fails to abide by the | ||||||
6 | terms of the agreement, the Department may file a complaint to | ||||||
7 | revoke, suspend, or otherwise discipline the license of the | ||||||
8 | individual. The Secretary may order the license suspended | ||||||
9 | immediately, pending a hearing by the Department. Fines shall | ||||||
10 | not be assessed in disciplinary actions involving physical or | ||||||
11 | mental illness or impairment. | ||||||
12 | In instances in which the Secretary immediately suspends a | ||||||
13 | person's license under this Section, a hearing on that person's | ||||||
14 | license must be convened by the Department within 15 days after | ||||||
15 | the suspension and completed without appreciable delay. The | ||||||
16 | Department shall have the authority to review the subject | ||||||
17 | individual's record of treatment and counseling regarding the | ||||||
18 | impairment to the extent permitted by applicable federal | ||||||
19 | statutes and regulations safeguarding the confidentiality of | ||||||
20 | medical records. | ||||||
21 | An individual licensed under this Act and affected under | ||||||
22 | this Section shall be afforded an opportunity to demonstrate to | ||||||
23 | the Department that he or she can resume practice in compliance | ||||||
24 | with acceptable and prevailing standards under the provisions | ||||||
25 | of his or her license.
| ||||||
26 | (Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13; |
| |||||||
| |||||||
1 | 98-463, eff. 8-16-13.)
| ||||||
2 | Section 55. The Illinois Occupational Therapy Practice Act | ||||||
3 | is amended by changing Section 19 as follows:
| ||||||
4 | (225 ILCS 75/19) (from Ch. 111, par. 3719)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
6 | Sec. 19. Grounds for discipline. | ||||||
7 | (a) The Department may refuse to issue or renew, or may | ||||||
8 | revoke,
suspend, place on probation, reprimand or take other | ||||||
9 | disciplinary or non-disciplinary
action as the Department may | ||||||
10 | deem proper, including imposing fines not to exceed
$10,000 for | ||||||
11 | each violation and the assessment of costs as provided under | ||||||
12 | Section 19.3 of this Act, with regard to any license for
any | ||||||
13 | one or combination of the following:
| ||||||
14 | (1) Material misstatement in furnishing information to | ||||||
15 | the Department;
| ||||||
16 | (2) Violations of this Act, or of the rules promulgated | ||||||
17 | thereunder;
| ||||||
18 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
19 | finding of guilt, jury verdict, or entry of judgment or | ||||||
20 | sentencing of any crime, including, but not limited to, | ||||||
21 | convictions, preceding sentences of supervision, | ||||||
22 | conditional discharge, or first offender probation, under | ||||||
23 | the laws of any jurisdiction of the United States that is | ||||||
24 | (i) a felony or (ii) a misdemeanor, an essential element of |
| |||||||
| |||||||
1 | which is dishonesty, or that is directly related to the | ||||||
2 | practice of the profession;
| ||||||
3 | (4) Fraud or any misrepresentation in applying for or | ||||||
4 | procuring a license under this Act, or in connection with | ||||||
5 | applying for renewal of a license under this Act;
| ||||||
6 | (5) Professional incompetence;
| ||||||
7 | (6) Aiding or assisting another person, firm, | ||||||
8 | partnership or
corporation in violating any provision of | ||||||
9 | this Act or rules;
| ||||||
10 | (7) Failing, within 60 days, to provide information in | ||||||
11 | response to a
written request made by the Department;
| ||||||
12 | (8) Engaging in dishonorable, unethical or | ||||||
13 | unprofessional conduct of a
character likely to deceive, | ||||||
14 | defraud or harm the public;
| ||||||
15 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
16 | in law as controlled substances, alcohol, or any other | ||||||
17 | substance that results in the inability to practice with | ||||||
18 | reasonable judgment, skill, or safety;
| ||||||
19 | (10) Discipline by another state, unit of government, | ||||||
20 | government agency, the District of Columbia, a territory,
| ||||||
21 | or foreign nation, if at least one of the grounds for the | ||||||
22 | discipline is
the same or substantially equivalent to those | ||||||
23 | set forth herein;
| ||||||
24 | (11) 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 |
| |||||||
| |||||||
1 | for professional services not actually or personally
| ||||||
2 | rendered. Nothing in this paragraph (11) affects any bona | ||||||
3 | fide independent contractor or employment arrangements | ||||||
4 | among health care professionals, health facilities, health | ||||||
5 | care providers, or other entities, except as otherwise | ||||||
6 | prohibited by law. Any employment arrangements may include | ||||||
7 | provisions for compensation, health insurance, pension, or | ||||||
8 | other employment benefits for the provision of services | ||||||
9 | within the scope of the licensee's practice under this Act. | ||||||
10 | Nothing in this paragraph (11) shall be construed to | ||||||
11 | require an employment arrangement to receive professional | ||||||
12 | fees for services rendered;
| ||||||
13 | (12) A finding by the Department that the license | ||||||
14 | holder, after having his
license disciplined, has violated | ||||||
15 | the terms of the discipline;
| ||||||
16 | (13) Wilfully making or filing false records or reports | ||||||
17 | in the practice
of occupational therapy, including but not | ||||||
18 | limited to false records filed
with the State agencies or | ||||||
19 | departments;
| ||||||
20 | (14) Physical illness, including but not limited to, | ||||||
21 | deterioration through
the aging process, or loss of motor | ||||||
22 | skill which results in the inability
to practice under this | ||||||
23 | Act with reasonable judgment, skill, or safety;
| ||||||
24 | (15) Solicitation of professional services other than | ||||||
25 | by permitted
advertising;
| ||||||
26 | (16) Allowing one's license under this Act to be used |
| |||||||
| |||||||
1 | by an unlicensed person in violation of this Act;
| ||||||
2 | (17) Practicing under a false or, except as provided by | ||||||
3 | law, assumed name;
| ||||||
4 | (18) Professional incompetence or gross negligence;
| ||||||
5 | (19) Malpractice;
| ||||||
6 | (20) Promotion of the sale of drugs, devices, | ||||||
7 | appliances, or goods provided for a patient in any manner | ||||||
8 | to exploit the client for financial gain of the licensee;
| ||||||
9 | (21) Gross, willful, or continued overcharging for | ||||||
10 | professional services;
| ||||||
11 | (22) Mental illness or disability that results in the | ||||||
12 | inability to practice under this Act with reasonable | ||||||
13 | judgment, skill, or safety;
| ||||||
14 | (23) Violating the Health Care Worker Self-Referral | ||||||
15 | Act;
| ||||||
16 | (24) Having treated patients other than by the practice | ||||||
17 | of occupational
therapy as defined in this Act, or having | ||||||
18 | treated patients as a licensed
occupational therapist | ||||||
19 | independent of a referral from a physician, advanced | ||||||
20 | practice nurse or physician assistant in accordance with | ||||||
21 | Section 3.1, dentist,
podiatric physician, or optometrist, | ||||||
22 | or having failed to notify the physician,
advanced practice | ||||||
23 | nurse, physician assistant,
dentist, podiatric physician, | ||||||
24 | or optometrist who established a diagnosis that the
patient | ||||||
25 | is
receiving occupational therapy pursuant to that | ||||||
26 | diagnosis;
|
| |||||||
| |||||||
1 | (25) Cheating on or attempting to subvert the licensing | ||||||
2 | examination administered under this Act; and | ||||||
3 | (26) Charging for professional services not rendered, | ||||||
4 | including filing false statements for the collection of | ||||||
5 | fees for which services are not rendered. | ||||||
6 | All fines imposed under this Section shall be paid within | ||||||
7 | 60 days after the effective date of the order imposing the fine | ||||||
8 | or in accordance with the terms set forth in the order imposing | ||||||
9 | the fine. | ||||||
10 | (b) The determination by a circuit court that a license | ||||||
11 | holder is subject
to involuntary admission or judicial | ||||||
12 | admission as provided in the Mental
Health and Developmental | ||||||
13 | Disabilities Code, as now or hereafter amended,
operates as an | ||||||
14 | automatic suspension. Such suspension will end only upon
a | ||||||
15 | finding by a court that the patient is no longer subject to | ||||||
16 | involuntary
admission or judicial admission and an order by the | ||||||
17 | court so finding and
discharging the patient. In any case where | ||||||
18 | a license is suspended under this provision, the licensee shall | ||||||
19 | file a petition for restoration and shall include evidence | ||||||
20 | acceptable to the Department that the licensee can resume | ||||||
21 | practice in compliance with acceptable and prevailing | ||||||
22 | standards of their profession.
| ||||||
23 | (c) The Department may refuse to issue or may suspend | ||||||
24 | without hearing, as provided for in the Code of Civil | ||||||
25 | Procedure,
the license of any person who fails to file a | ||||||
26 | return, to pay the tax, penalty,
or interest
shown in a filed |
| |||||||
| |||||||
1 | return, or to pay any final assessment of tax, penalty, or
| ||||||
2 | interest as
required by any tax Act administered by the | ||||||
3 | Illinois Department of Revenue, until such
time as
the | ||||||
4 | requirements of any such tax Act are satisfied in accordance | ||||||
5 | with subsection (a) of Section 2105-15 of the Department of | ||||||
6 | Professional Regulation Law of the Civil Administrative Code of | ||||||
7 | Illinois.
| ||||||
8 | (d) In enforcing this Section, the Department, upon a | ||||||
9 | showing of a possible violation, may compel any individual who | ||||||
10 | is licensed under this Act or any individual who has applied | ||||||
11 | for licensure to submit to a mental or physical examination or | ||||||
12 | evaluation, or both, which may include a substance abuse or | ||||||
13 | sexual offender evaluation, at the expense of the Department. | ||||||
14 | The Department shall specifically designate the examining | ||||||
15 | physician licensed to practice medicine in all of its branches | ||||||
16 | or, if applicable, the multidisciplinary team involved in | ||||||
17 | providing the mental or physical examination and evaluation. | ||||||
18 | The multidisciplinary team shall be led by a physician licensed | ||||||
19 | to practice medicine in all of its branches and may consist of | ||||||
20 | one or more or a combination of physicians licensed to practice | ||||||
21 | medicine in all of its branches, licensed chiropractic | ||||||
22 | physicians, licensed clinical psychologists, licensed clinical | ||||||
23 | social workers, licensed clinical professional counselors, and | ||||||
24 | other professional and administrative staff. Any examining | ||||||
25 | physician or member of the multidisciplinary team may require | ||||||
26 | any person ordered to submit to an examination and evaluation |
| |||||||
| |||||||
1 | pursuant to this Section to submit to any additional | ||||||
2 | supplemental testing deemed necessary to complete any | ||||||
3 | examination or evaluation process, including, but not limited | ||||||
4 | to, blood testing, urinalysis, psychological testing, or | ||||||
5 | neuropsychological testing. | ||||||
6 | The Department may order the examining physician or any | ||||||
7 | member of the multidisciplinary team to provide to the | ||||||
8 | Department any and all records, including business records, | ||||||
9 | that relate to the examination and evaluation, including any | ||||||
10 | supplemental testing performed. The Department may order the | ||||||
11 | examining physician or any member of the multidisciplinary team | ||||||
12 | to present testimony concerning this examination and | ||||||
13 | evaluation of the licensee or applicant, including testimony | ||||||
14 | concerning any supplemental testing or documents relating to | ||||||
15 | the examination and evaluation. No information, report, | ||||||
16 | record, or other documents in any way related to the | ||||||
17 | examination and evaluation shall be excluded by reason of any | ||||||
18 | common law or statutory privilege relating to communication | ||||||
19 | between the licensee or applicant and the examining physician | ||||||
20 | or any member of the multidisciplinary team. No authorization | ||||||
21 | is necessary from the licensee or applicant ordered to undergo | ||||||
22 | an evaluation and examination for the examining physician or | ||||||
23 | any member of the multidisciplinary team to provide | ||||||
24 | information, reports, records, or other documents or to provide | ||||||
25 | any testimony regarding the examination and evaluation. The | ||||||
26 | individual to be examined may have, at his or her own expense, |
| |||||||
| |||||||
1 | another physician of his or her choice present during all | ||||||
2 | aspects of the examination. | ||||||
3 | Failure of any individual to submit to mental or physical | ||||||
4 | examination or evaluation, or both, when directed, shall result | ||||||
5 | in an automatic suspension without hearing, until such time as | ||||||
6 | the individual submits to the examination. If the Department | ||||||
7 | finds a licensee unable to practice because of the reasons set | ||||||
8 | forth in this Section, the Department shall require the | ||||||
9 | licensee to submit to care, counseling, or treatment by | ||||||
10 | physicians approved or designated by the Department as a | ||||||
11 | condition for continued, reinstated, or renewed licensure. | ||||||
12 | When the Secretary immediately suspends a license under | ||||||
13 | this Section, a hearing upon such person's license must be | ||||||
14 | convened by the Department within 15 days after the suspension | ||||||
15 | and completed without appreciable delay. The Department shall | ||||||
16 | have the authority to review the licensee's record of treatment | ||||||
17 | and counseling regarding the impairment to the extent permitted | ||||||
18 | by applicable federal statutes and regulations safeguarding | ||||||
19 | the confidentiality of medical records. | ||||||
20 | Individuals licensed under this Act that are affected under | ||||||
21 | this Section, shall be afforded an opportunity to demonstrate | ||||||
22 | to the Department that they can resume practice in compliance | ||||||
23 | with acceptable and prevailing standards under the provisions | ||||||
24 | of their license.
| ||||||
25 | (e) (Blank) The Department shall deny a license or renewal | ||||||
26 | authorized by this Act to a person who has defaulted on an |
| |||||||
| |||||||
1 | educational loan or scholarship provided or guaranteed by the | ||||||
2 | Illinois Student Assistance Commission or any governmental | ||||||
3 | agency of this State in accordance with paragraph (5) of | ||||||
4 | subsection (a) of Section 2105-15 of the Department of | ||||||
5 | Professional Regulation Law of the Civil Administrative Code of | ||||||
6 | Illinois . | ||||||
7 | (f) In cases where the Department of Healthcare and Family | ||||||
8 | Services has previously determined a licensee or a potential | ||||||
9 | licensee is more than 30 days delinquent in the payment of | ||||||
10 | child support and has subsequently certified the delinquency to | ||||||
11 | the Department, the Department may refuse to issue or renew or | ||||||
12 | may revoke or suspend that person's license or may take other | ||||||
13 | disciplinary action against that person based solely upon the | ||||||
14 | certification of delinquency made by the Department of | ||||||
15 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
16 | of subsection (a) of Section 2105-15 of the Department of | ||||||
17 | Professional Regulation Law of the Civil Administrative Code of | ||||||
18 | Illinois. | ||||||
19 | (Source: P.A. 98-214, eff. 8-9-13; 98-264, eff. 12-31-13; | ||||||
20 | 98-756, eff. 7-16-14.)
| ||||||
21 | Section 60. The Orthotics, Prosthetics, and Pedorthics | ||||||
22 | Practice Act is amended by changing Section 90 as follows:
| ||||||
23 | (225 ILCS 84/90)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 90. Grounds for discipline.
| ||||||
2 | (a) The Department may refuse to issue or renew a license, | ||||||
3 | or may revoke or
suspend a license, or may suspend, place on | ||||||
4 | probation, or reprimand a
licensee
or take other disciplinary | ||||||
5 | or non-disciplinary action as the Department may deem proper, | ||||||
6 | including, but not limited to, the imposition of fines not to | ||||||
7 | exceed $10,000 for each violation for one or any combination of | ||||||
8 | the following:
| ||||||
9 | (1) Making a material misstatement in furnishing | ||||||
10 | information to the
Department or the Board.
| ||||||
11 | (2) Violations of or negligent or intentional | ||||||
12 | disregard of this Act or
its rules.
| ||||||
13 | (3) Conviction of, or entry of a plea of guilty or nolo | ||||||
14 | contendere to any crime that is a felony under the laws of | ||||||
15 | the United States or any state or territory thereof or that | ||||||
16 | is a misdemeanor of which an essential element is | ||||||
17 | dishonesty, or any crime that is directly related to the | ||||||
18 | practice of the profession.
| ||||||
19 | (4) Making a misrepresentation for the purpose of | ||||||
20 | obtaining a
license.
| ||||||
21 | (5) A pattern of practice or other behavior that | ||||||
22 | demonstrates incapacity
or incompetence to practice under | ||||||
23 | this Act.
| ||||||
24 | (6) Gross negligence under this Act.
| ||||||
25 | (7) Aiding or assisting another person in violating a | ||||||
26 | provision of
this Act or its rules.
|
| |||||||
| |||||||
1 | (8) Failing to provide information within 60 days in | ||||||
2 | response to a
written request made by the Department.
| ||||||
3 | (9) Engaging in dishonorable, unethical, or | ||||||
4 | unprofessional conduct
or conduct of a character likely to | ||||||
5 | deceive, defraud, or harm the public.
| ||||||
6 | (10) Inability to practice with reasonable judgment, | ||||||
7 | skill, or safety as a result of habitual or excessive use | ||||||
8 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
9 | other chemical agent or drug.
| ||||||
10 | (11) Discipline by another state or territory of the | ||||||
11 | United States, the
federal government, or foreign nation, | ||||||
12 | if at least one of the grounds for the
discipline is the | ||||||
13 | same or substantially equivalent to one set forth in this
| ||||||
14 | Section.
| ||||||
15 | (12) Directly or indirectly giving to or receiving from | ||||||
16 | a person,
firm, corporation, partnership, or association a | ||||||
17 | fee, commission, rebate, or
other form of compensation for | ||||||
18 | professional services not actually or
personally rendered. | ||||||
19 | Nothing in this paragraph (12) affects any bona fide | ||||||
20 | independent contractor or employment arrangements among | ||||||
21 | health care professionals, health facilities, health care | ||||||
22 | providers, or other entities, except as otherwise | ||||||
23 | prohibited by law. Any employment arrangements may include | ||||||
24 | provisions for compensation, health insurance, pension, or | ||||||
25 | other employment benefits for the provision of services | ||||||
26 | within the scope of the licensee's practice under this Act. |
| |||||||
| |||||||
1 | Nothing in this paragraph (12) shall be construed to | ||||||
2 | require an employment arrangement to receive professional | ||||||
3 | fees for services rendered.
| ||||||
4 | (13) A finding by the Board that the licensee or | ||||||
5 | registrant, after
having his or her license placed on | ||||||
6 | probationary status, has violated the terms
of probation.
| ||||||
7 | (14) Abandonment of a patient or client.
| ||||||
8 | (15) Willfully making or filing false records or | ||||||
9 | reports in his or her
practice including, but not limited | ||||||
10 | to, false records filed with State agencies
or departments.
| ||||||
11 | (16) Willfully failing to report an instance of | ||||||
12 | suspected child abuse
or neglect as required by the Abused | ||||||
13 | and Neglected Child Reporting Act.
| ||||||
14 | (17) Inability to practice the profession with | ||||||
15 | reasonable judgment, skill, or safety as a result of a | ||||||
16 | physical illness, including, but not limited to, | ||||||
17 | deterioration through the aging process or loss of motor | ||||||
18 | skill, or a mental illness or disability.
| ||||||
19 | (18) Solicitation of professional services using false | ||||||
20 | or misleading
advertising.
| ||||||
21 | (b) In enforcing this Section, the Department or Board upon | ||||||
22 | a showing of a possible violation, may compel a licensee or | ||||||
23 | applicant to submit to a mental or physical examination, or | ||||||
24 | both, as required by and at the expense of the Department. The | ||||||
25 | Department or Board may order the examining physician to | ||||||
26 | present testimony concerning the mental or physical |
| |||||||
| |||||||
1 | examination of the licensee or applicant. No information shall | ||||||
2 | be excluded by reason of any common law or statutory privilege | ||||||
3 | relating to communications between the licensee or applicant | ||||||
4 | and the examining physician. The examining physicians shall be | ||||||
5 | specifically designated by the Board or Department. The | ||||||
6 | individual to be examined may have, at his or her own expense, | ||||||
7 | another physician of his or her choice present during all | ||||||
8 | aspects of this examination. Failure of an individual to submit | ||||||
9 | to a mental or physical examination, when directed, shall be | ||||||
10 | grounds for the immediate suspension of his or her license | ||||||
11 | until the individual submits to the examination if the | ||||||
12 | Department finds that the refusal to submit to the examination | ||||||
13 | was without reasonable cause as defined by rule. | ||||||
14 | In instances in which the Secretary immediately suspends a | ||||||
15 | person's license for his or her failure to submit to a mental | ||||||
16 | or physical examination, when directed, a hearing on that | ||||||
17 | person's license must be convened by the Department within 15 | ||||||
18 | days after the suspension and completed without appreciable | ||||||
19 | delay. | ||||||
20 | In instances in which the Secretary otherwise suspends a | ||||||
21 | person's license pursuant to the results of a compelled mental | ||||||
22 | or physical examination, a hearing on that person's license | ||||||
23 | must be convened by the Department within 15 days after the | ||||||
24 | suspension and completed without appreciable delay. The | ||||||
25 | Department and Board shall have the authority to review the | ||||||
26 | subject individual's record of treatment and counseling |
| |||||||
| |||||||
1 | regarding the impairment to the extent permitted by applicable | ||||||
2 | federal statutes and regulations safeguarding the | ||||||
3 | confidentiality of medical records. | ||||||
4 | An individual licensed under this Act and affected under | ||||||
5 | this Section shall be afforded an opportunity to demonstrate to | ||||||
6 | the Department or Board that he or she can resume practice in | ||||||
7 | compliance with acceptable and prevailing standards under the | ||||||
8 | provisions of his or her license.
| ||||||
9 | (c) (Blank) The Department shall deny a license or renewal | ||||||
10 | authorized by this Act to a person who has defaulted on an | ||||||
11 | educational loan or scholarship provided or guaranteed by the | ||||||
12 | Illinois Student Assistance Commission or any governmental | ||||||
13 | agency of this State in accordance with subsection (a)(5) of | ||||||
14 | Section 2105-15 of the Department of Professional Regulation | ||||||
15 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
16 | 2105/2105-15) .
| ||||||
17 | (d) In cases where the Department of Healthcare and Family | ||||||
18 | Services (formerly Department of Public Aid) has previously | ||||||
19 | determined that a licensee or a potential licensee is more than | ||||||
20 | 30 days delinquent in the payment of child support and has | ||||||
21 | subsequently certified the delinquency to the Department, the | ||||||
22 | Department may refuse to issue or renew or may revoke or | ||||||
23 | suspend that person's license or may take other disciplinary | ||||||
24 | action against that person based solely upon the certification | ||||||
25 | of delinquency made by the Department of Healthcare and Family | ||||||
26 | Services in accordance with subsection (a)(5) of Section |
| |||||||
| |||||||
1 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
2 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15). | ||||||
3 | (e) The Department may refuse to issue or renew a license, | ||||||
4 | or may revoke or suspend a license, for failure to file a | ||||||
5 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
6 | return, or to pay any final assessment of tax, penalty, or | ||||||
7 | interest as required by any tax Act administered by the | ||||||
8 | Department of Revenue, until such time as the requirements of | ||||||
9 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
10 | Section 2105-15 of the Department of Professional Regulation | ||||||
11 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
12 | 2105/2105-15). | ||||||
13 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
14 | Section 65. The Professional Counselor and Clinical | ||||||
15 | Professional Counselor
Licensing and Practice Act is amended by | ||||||
16 | changing Section 80 as follows:
| ||||||
17 | (225 ILCS 107/80)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
19 | Sec. 80. Grounds for discipline. | ||||||
20 | (a) The Department may refuse to issue, renew, or may | ||||||
21 | revoke, suspend, place
on probation, reprimand, or take other | ||||||
22 | disciplinary or non-disciplinary action as the Department
| ||||||
23 | deems appropriate, including the issuance of fines not to | ||||||
24 | exceed $10,000 for each
violation, with regard to any license |
| |||||||
| |||||||
1 | for any one or more of the following:
| ||||||
2 | (1) Material misstatement in furnishing information to | ||||||
3 | the
Department or to any other State agency.
| ||||||
4 | (2) Violations or negligent or intentional disregard | ||||||
5 | of this Act or rules adopted under this Act.
| ||||||
6 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
7 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
8 | sentencing of any crime, including, but not limited to, | ||||||
9 | convictions, preceding sentences of supervision, | ||||||
10 | conditional discharge, or first offender probation, under | ||||||
11 | the laws of any jurisdiction of the United States: (i) that | ||||||
12 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
13 | element of which is dishonesty, or that is directly related | ||||||
14 | to the practice of the profession.
| ||||||
15 | (4) 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 | (5) Professional incompetence or gross negligence in | ||||||
19 | the rendering of
professional counseling or clinical | ||||||
20 | professional counseling services.
| ||||||
21 | (6) Malpractice.
| ||||||
22 | (7) Aiding or assisting another person in violating any | ||||||
23 | provision of
this Act or any rules.
| ||||||
24 | (8) Failing to provide information within 60 days in | ||||||
25 | response to a
written request made by the Department.
| ||||||
26 | (9) Engaging in dishonorable, unethical, or |
| |||||||
| |||||||
1 | unprofessional conduct of a
character likely to deceive, | ||||||
2 | defraud, or harm the public and violating the
rules of | ||||||
3 | professional conduct adopted by the Department.
| ||||||
4 | (10) Habitual or excessive use or abuse of drugs as | ||||||
5 | defined in law as controlled substances, alcohol, or any | ||||||
6 | other substance which results in inability
to practice with | ||||||
7 | reasonable skill, judgment, or safety.
| ||||||
8 | (11) Discipline by another jurisdiction, the District | ||||||
9 | of Columbia, territory, county, or governmental agency, if | ||||||
10 | at least one of the grounds
for the discipline is the same | ||||||
11 | or substantially equivalent to those set
forth in this | ||||||
12 | Section.
| ||||||
13 | (12) 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 professional service not actually rendered. | ||||||
17 | Nothing in this paragraph (12) affects any bona fide | ||||||
18 | independent contractor or employment arrangements among | ||||||
19 | health care professionals, health facilities, health care | ||||||
20 | providers, or other entities, except as otherwise | ||||||
21 | prohibited by law. Any employment arrangements may include | ||||||
22 | provisions for compensation, health insurance, pension, or | ||||||
23 | other employment benefits for the provision of services | ||||||
24 | within the scope of the licensee's practice under this Act. | ||||||
25 | Nothing in this paragraph (12) shall be construed to | ||||||
26 | require an employment arrangement to receive professional |
| |||||||
| |||||||
1 | fees for services rendered.
| ||||||
2 | (13) A finding by the Board that the licensee, after | ||||||
3 | having the license
placed on probationary status, has | ||||||
4 | violated the terms of probation.
| ||||||
5 | (14) Abandonment of a client.
| ||||||
6 | (15) Willfully filing false reports relating to a | ||||||
7 | licensee's practice,
including but not limited to false | ||||||
8 | records filed with federal or State
agencies or | ||||||
9 | departments.
| ||||||
10 | (16) Willfully failing to report an instance of | ||||||
11 | suspected child abuse or
neglect as required by the Abused | ||||||
12 | and Neglected Child Reporting Act and in matters pertaining | ||||||
13 | to suspected abuse, neglect, financial exploitation, or | ||||||
14 | self-neglect of adults with disabilities and older adults | ||||||
15 | as set forth in the Adult Protective Services Act.
| ||||||
16 | (17) Being named as a perpetrator in an indicated | ||||||
17 | report by the
Department of Children and Family Services | ||||||
18 | pursuant to the Abused and
Neglected Child Reporting Act, | ||||||
19 | and upon proof by clear and convincing
evidence that the | ||||||
20 | licensee has caused a child to be an abused child or
| ||||||
21 | neglected child as defined in the Abused and Neglected | ||||||
22 | Child Reporting Act.
| ||||||
23 | (18) Physical or mental illness or disability, | ||||||
24 | including, but not limited to, deterioration through the
| ||||||
25 | aging process or loss of abilities and skills which results | ||||||
26 | in the inability to
practice the profession with reasonable |
| |||||||
| |||||||
1 | judgment, skill, or safety.
| ||||||
2 | (19) Solicitation of professional services by using | ||||||
3 | false or misleading
advertising.
| ||||||
4 | (20) Allowing one's license under this Act to be used | ||||||
5 | by an unlicensed person in violation of this Act.
| ||||||
6 | (21) A finding that licensure has been applied for or | ||||||
7 | obtained
by fraudulent means.
| ||||||
8 | (22) Practicing under a false or, except as provided by | ||||||
9 | law, an assumed name.
| ||||||
10 | (23) Gross and willful overcharging for professional | ||||||
11 | services including filing
statements for collection of | ||||||
12 | fees or monies for which services are not
rendered.
| ||||||
13 | (24) Rendering professional counseling or clinical | ||||||
14 | professional
counseling
services without a license or | ||||||
15 | practicing outside the scope of a license.
| ||||||
16 | (25) Clinical supervisors failing to adequately and | ||||||
17 | responsibly monitor
supervisees.
| ||||||
18 | All fines imposed under this Section shall be paid within | ||||||
19 | 60 days after the effective date of the order imposing the | ||||||
20 | fine. | ||||||
21 | (b) (Blank) The Department shall deny, without hearing, any | ||||||
22 | application or
renewal for a license under this Act to any | ||||||
23 | person who has defaulted on an
educational loan guaranteed by | ||||||
24 | the Illinois State Assistance Commission or any governmental | ||||||
25 | agency of this State in accordance with item (5) of subsection | ||||||
26 | (a) of Section 2105-15 of the Department of Professional |
| |||||||
| |||||||
1 | Regulation Law of the Civil Administrative Code of Illinois .
| ||||||
2 | (b-5) The Department may refuse to issue or may suspend | ||||||
3 | without hearing, as provided for in the Code of Civil | ||||||
4 | Procedure, the license of any person who fails to file a | ||||||
5 | return, pay the tax, penalty, or interest shown in a filed | ||||||
6 | return, or pay any final assessment of the tax, penalty, or | ||||||
7 | interest as required by any tax Act administered by the | ||||||
8 | Illinois Department of Revenue, until such time as the | ||||||
9 | requirements of any such tax Act are satisfied in accordance | ||||||
10 | with subsection (g) of Section 2105-15 of the Department of | ||||||
11 | Professional Regulation Law of the Civil Administrative Code of | ||||||
12 | Illinois. | ||||||
13 | (b-10) In cases where the Department of Healthcare and | ||||||
14 | Family Services has previously determined a licensee or a | ||||||
15 | potential licensee is more than 30 days delinquent in the | ||||||
16 | payment of child support and has subsequently certified the | ||||||
17 | delinquency to the Department, the Department may refuse to | ||||||
18 | issue or renew or may revoke or suspend that person's license | ||||||
19 | or may take other disciplinary action against that person based | ||||||
20 | solely upon the certification of delinquency made by the | ||||||
21 | Department of Healthcare and Family Services in accordance with | ||||||
22 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
23 | of Professional Regulation Law of the Civil Administrative Code | ||||||
24 | of Illinois. | ||||||
25 | (c) The determination by a court that a licensee is subject | ||||||
26 | to
involuntary admission or judicial admission as provided in |
| |||||||
| |||||||
1 | the Mental
Health and Developmental Disabilities Code will | ||||||
2 | result in an automatic
suspension of his or her license. The | ||||||
3 | suspension will end upon a finding by a
court that the licensee | ||||||
4 | is no longer subject to involuntary admission or
judicial | ||||||
5 | admission, the issuance of an order so finding and discharging | ||||||
6 | the
patient, and the recommendation of the Board to the | ||||||
7 | Secretary that the licensee
be allowed to resume professional | ||||||
8 | practice.
| ||||||
9 | (c-5) In enforcing this Act, the Department, upon a showing | ||||||
10 | of a possible violation, may compel an individual licensed to | ||||||
11 | practice under this Act, or who has applied for licensure under | ||||||
12 | this Act, to submit to a mental or physical examination, or | ||||||
13 | both, as required by and at the expense of the Department. The | ||||||
14 | Department may order the examining physician to present | ||||||
15 | testimony concerning the mental or physical examination of the | ||||||
16 | licensee or applicant. No information shall be excluded by | ||||||
17 | reason of any common law or statutory privilege relating to | ||||||
18 | communications between the licensee or applicant and the | ||||||
19 | examining physician. The examining physicians shall be | ||||||
20 | specifically designated by the Department. The individual to be | ||||||
21 | examined may have, at his or her own expense, another physician | ||||||
22 | of his or her choice present during all aspects of this | ||||||
23 | examination. The examination shall be performed by a physician | ||||||
24 | licensed to practice medicine in all its branches. Failure of | ||||||
25 | an individual to submit to a mental or physical examination, | ||||||
26 | when directed, shall result in an automatic suspension without |
| |||||||
| |||||||
1 | hearing. | ||||||
2 | A person holding a license under this Act or who has | ||||||
3 | applied for a license under this Act who, because of a physical | ||||||
4 | or mental illness or disability, including, but not limited to, | ||||||
5 | deterioration through the aging process or loss of motor skill, | ||||||
6 | is unable to practice the profession with reasonable judgment, | ||||||
7 | skill, or safety, may be required by the Department to submit | ||||||
8 | to care, counseling, or treatment by physicians approved or | ||||||
9 | designated by the Department as a condition, term, or | ||||||
10 | restriction for continued, reinstated, or renewed licensure to | ||||||
11 | practice. Submission to care, counseling, or treatment as | ||||||
12 | required by the Department shall not be considered discipline | ||||||
13 | of a license. If the licensee refuses to enter into a care, | ||||||
14 | counseling, or treatment agreement or fails to abide by the | ||||||
15 | terms of the agreement, the Department may file a complaint to | ||||||
16 | revoke, suspend, or otherwise discipline the license of the | ||||||
17 | individual. The Secretary may order the license suspended | ||||||
18 | immediately, pending a hearing by the Department. Fines shall | ||||||
19 | not be assessed in disciplinary actions involving physical or | ||||||
20 | mental illness or impairment. | ||||||
21 | In instances in which the Secretary immediately suspends a | ||||||
22 | person's license under this Section, a hearing on that person's | ||||||
23 | license must be convened by the Department within 15 days after | ||||||
24 | the suspension and completed without appreciable delay. The | ||||||
25 | Department shall have the authority to review the subject | ||||||
26 | individual's record of treatment and counseling regarding the |
| |||||||
| |||||||
1 | impairment to the extent permitted by applicable federal | ||||||
2 | statutes and regulations safeguarding the confidentiality of | ||||||
3 | medical records. | ||||||
4 | An individual licensed under this Act and affected under | ||||||
5 | this Section shall be afforded an opportunity to demonstrate to | ||||||
6 | the Department that he or she can resume practice in compliance | ||||||
7 | with acceptable and prevailing standards under the provisions | ||||||
8 | of his or her license. | ||||||
9 | (d) (Blank).
| ||||||
10 | (Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13.)
| ||||||
11 | Section 70. The Sex Offender Evaluation and Treatment | ||||||
12 | Provider Act is amended by changing Section 75 as follows:
| ||||||
13 | (225 ILCS 109/75)
| ||||||
14 | Sec. 75. Refusal, revocation, or suspension.
| ||||||
15 | (a) The Department may refuse to issue or renew, or may | ||||||
16 | revoke, suspend, place on probation, reprimand, or take other | ||||||
17 | disciplinary or nondisciplinary action, as the Department | ||||||
18 | considers appropriate, including the imposition of fines not to | ||||||
19 | exceed $10,000 for each violation, with regard to any license | ||||||
20 | or licensee for any one or more of the following:
| ||||||
21 | (1) violations of this Act or of the rules adopted | ||||||
22 | under this Act; | ||||||
23 | (2) discipline by the Department under other state law | ||||||
24 | and rules which the licensee is subject to; |
| |||||||
| |||||||
1 | (3) conviction by plea of guilty or nolo contendere, | ||||||
2 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
3 | sentencing for any crime, including, but not limited to, | ||||||
4 | convictions, preceding sentences of supervision, | ||||||
5 | conditional discharge, or first offender probation, under | ||||||
6 | the laws of any jurisdiction of the United States: (i) that | ||||||
7 | is a felony; or (ii) that is a misdemeanor, an essential | ||||||
8 | element of which is dishonesty, or that is directly related | ||||||
9 | to the practice of the profession; | ||||||
10 | (4) professional incompetence; | ||||||
11 | (5) advertising in a false, deceptive, or misleading | ||||||
12 | manner; | ||||||
13 | (6) aiding, abetting, assisting, procuring, advising, | ||||||
14 | employing, or contracting with any unlicensed person to | ||||||
15 | provide sex offender evaluation or treatment services | ||||||
16 | contrary to any rules or provisions of this Act; | ||||||
17 | (7) engaging in immoral conduct in the commission of | ||||||
18 | any act, such as sexual abuse, sexual misconduct, or sexual | ||||||
19 | exploitation, related to the licensee's practice; | ||||||
20 | (8) engaging in dishonorable, unethical, or | ||||||
21 | unprofessional conduct of a character likely to deceive, | ||||||
22 | defraud, or harm the public; | ||||||
23 | (9) practicing or offering to practice beyond the scope | ||||||
24 | permitted by law or accepting and performing professional | ||||||
25 | responsibilities which the licensee knows or has reason to | ||||||
26 | know that he or she is not competent to perform; |
| |||||||
| |||||||
1 | (10) knowingly delegating professional | ||||||
2 | responsibilities to a person unqualified by training, | ||||||
3 | experience, or licensure to perform; | ||||||
4 | (11) failing to provide information in response to a | ||||||
5 | written request made by the Department within 60 days; | ||||||
6 | (12) having a habitual or excessive use of or addiction | ||||||
7 | to alcohol, narcotics, stimulants, or any other chemical | ||||||
8 | agent or drug which results in the inability to practice | ||||||
9 | with reasonable judgment, skill, or safety; | ||||||
10 | (13) having a pattern of practice or other behavior | ||||||
11 | that demonstrates incapacity or incompetence to practice | ||||||
12 | under this Act; | ||||||
13 | (14) discipline by another state, District of | ||||||
14 | Columbia, territory, or foreign nation, if at least one of | ||||||
15 | the grounds for the discipline is the same or substantially | ||||||
16 | equivalent to those set forth in this Section; | ||||||
17 | (15) a finding by the Department that the licensee, | ||||||
18 | after having his or her license placed on probationary | ||||||
19 | status, has violated the terms of probation; | ||||||
20 | (16) willfully making or filing false records or | ||||||
21 | reports in his or her practice, including, but not limited | ||||||
22 | to, false records filed with State agencies or departments; | ||||||
23 | (17) making a material misstatement in furnishing | ||||||
24 | information to the Department or otherwise making | ||||||
25 | misleading, deceptive, untrue, or fraudulent | ||||||
26 | representations in violation of this Act or otherwise in |
| |||||||
| |||||||
1 | the practice of the profession; | ||||||
2 | (18) fraud or misrepresentation in applying for or | ||||||
3 | procuring a license under this Act or in connection with | ||||||
4 | applying for renewal of a license under this Act; | ||||||
5 | (19) inability to practice the profession with | ||||||
6 | reasonable judgment, skill, or safety as a result of | ||||||
7 | physical illness, including, but not limited to, | ||||||
8 | deterioration through the aging process, loss of motor | ||||||
9 | skill, or a mental illness or disability; | ||||||
10 | (20) charging for professional services not rendered, | ||||||
11 | including filing false statements for the collection of | ||||||
12 | fees for which services are not rendered; or | ||||||
13 | (21) practicing under a false or, except as provided by | ||||||
14 | law, an assumed name. | ||||||
15 | All fines shall be paid within 60 days of the effective | ||||||
16 | date of the order imposing the fine.
| ||||||
17 | (b) The Department may refuse to issue or may suspend the | ||||||
18 | license of any person who fails to file a tax return, to pay | ||||||
19 | the tax, penalty, or interest shown in a filed tax return, or | ||||||
20 | to pay any final assessment of tax, penalty, or interest, as | ||||||
21 | required by any tax Act administered by the Illinois Department | ||||||
22 | of Revenue, until such time as the requirements of the tax Act | ||||||
23 | are satisfied in accordance with subsection (g) of Section | ||||||
24 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
25 | (c) (Blank) The Department shall deny a license or renewal | ||||||
26 | authorized by this Act to a person who has defaulted on an |
| |||||||
| |||||||
1 | educational loan or scholarship provided or guaranteed by the | ||||||
2 | Illinois Student Assistance Commission or any governmental | ||||||
3 | agency of this State in accordance with item (5) of subsection | ||||||
4 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
5 | Illinois . | ||||||
6 | (d) In cases where the Department of Healthcare and Family | ||||||
7 | Services has previously determined that a licensee or a | ||||||
8 | potential licensee is more than 30 days delinquent in the | ||||||
9 | payment of child support and has subsequently certified the | ||||||
10 | delinquency to the Department, the Department may refuse to | ||||||
11 | issue or renew or may revoke or suspend that person's license | ||||||
12 | or may take other disciplinary action against that person based | ||||||
13 | solely upon the certification of delinquency made by the | ||||||
14 | Department of Healthcare and Family Services in accordance with | ||||||
15 | item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
16 | Administrative Code of Illinois. | ||||||
17 | (e) The determination by a circuit court that a licensee is | ||||||
18 | subject to involuntary admission or judicial admission, as | ||||||
19 | provided in the Mental Health and Developmental Disabilities | ||||||
20 | Code, operates as an automatic suspension. The suspension will | ||||||
21 | end only upon a finding by a court that the patient is no | ||||||
22 | longer subject to involuntary admission or judicial admission | ||||||
23 | and the issuance of a court order so finding and discharging | ||||||
24 | the patient. | ||||||
25 | (f) In enforcing this Act, the Department or Board, upon a | ||||||
26 | showing of a possible violation, may compel an individual |
| |||||||
| |||||||
1 | licensed to practice under this Act, or who has applied for | ||||||
2 | licensure under this Act, to submit to a mental or physical | ||||||
3 | examination, or both, as required by and at the expense of the | ||||||
4 | Department. The Department or Board may order the examining | ||||||
5 | physician to present testimony concerning the mental or | ||||||
6 | physical examination of the licensee or applicant. No | ||||||
7 | information shall be excluded by reason of any common law or | ||||||
8 | statutory privilege relating to communications between the | ||||||
9 | licensee or applicant and the examining physician. The | ||||||
10 | examining physician shall be specifically designated by the | ||||||
11 | Board or Department. The individual to be examined may have, at | ||||||
12 | his or her own expense, another physician of his or her choice | ||||||
13 | present during all aspects of this examination. The examination | ||||||
14 | shall be performed by a physician licensed to practice medicine | ||||||
15 | in all its branches. Failure of an individual to submit to a | ||||||
16 | mental or physical examination, when directed, shall result in | ||||||
17 | an automatic suspension without hearing.
| ||||||
18 | A person holding a license under this Act or who has | ||||||
19 | applied for a license under this Act who, because of a physical | ||||||
20 | or mental illness or disability, including, but not limited to, | ||||||
21 | deterioration through the aging process or loss of motor skill, | ||||||
22 | is unable to practice the profession with reasonable judgment, | ||||||
23 | skill, or safety, may be required by the Department to submit | ||||||
24 | to care, counseling, or treatment by physicians approved or | ||||||
25 | designated by the Department as a condition, term, or | ||||||
26 | restriction for continued, reinstated, or renewed licensure to |
| |||||||
| |||||||
1 | practice. Submission to care, counseling, or treatment as | ||||||
2 | required by the Department shall not be considered discipline | ||||||
3 | of a license. If the licensee refuses to enter into a care, | ||||||
4 | counseling, or treatment agreement or fails to abide by the | ||||||
5 | terms of the agreement, the Department may file a complaint to | ||||||
6 | revoke, suspend, or otherwise discipline the license of the | ||||||
7 | individual. The Secretary may order the license suspended | ||||||
8 | immediately, pending a hearing by the Department. Fines shall | ||||||
9 | not be assessed in disciplinary actions involving physical or | ||||||
10 | mental illness or impairment. | ||||||
11 | In instances in which the Secretary immediately suspends a | ||||||
12 | person's license under this Section, a hearing on that person's | ||||||
13 | license must be convened by the Department within 15 days after | ||||||
14 | the suspension and completed without appreciable delay. The | ||||||
15 | Department and Board shall have the authority to review the | ||||||
16 | subject individual's record of treatment and counseling | ||||||
17 | regarding the impairment to the extent permitted by applicable | ||||||
18 | federal statutes and regulations safeguarding the | ||||||
19 | confidentiality of medical records. | ||||||
20 | An individual licensed under this Act and subject to action | ||||||
21 | under this Section shall be afforded an opportunity to | ||||||
22 | demonstrate to the Department or Board that he or she can | ||||||
23 | resume practice in compliance with acceptable and prevailing | ||||||
24 | standards under the provisions of his or her license.
| ||||||
25 | (Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | Section 75. The Illinois Speech-Language Pathology and
| ||||||
2 | Audiology Practice Act is amended by changing Section 16 as | ||||||
3 | follows:
| ||||||
4 | (225 ILCS 110/16) (from Ch. 111, par. 7916)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 16. Refusal, revocation or suspension of licenses.
| ||||||
7 | (1) The Department may refuse to issue or renew, or may | ||||||
8 | revoke, suspend,
place on probation, censure, reprimand or take | ||||||
9 | other disciplinary or non-disciplinary action as
the | ||||||
10 | Department may deem proper, including fines not to exceed | ||||||
11 | $10,000 for
each violation, with regard to any license for any | ||||||
12 | one or
combination of the following causes:
| ||||||
13 | (a) Fraud in procuring the license.
| ||||||
14 | (b) (Blank).
| ||||||
15 | (c) Willful or repeated violations of the rules of the | ||||||
16 | Department of
Public Health.
| ||||||
17 | (d) Division of fees or agreeing to split or divide the | ||||||
18 | fees received
for speech-language pathology or audiology | ||||||
19 | services with any person for
referring an individual, or | ||||||
20 | assisting in the care or treatment of an
individual, | ||||||
21 | without the knowledge of the individual or his or her legal
| ||||||
22 | representative. Nothing in this paragraph (d) affects any | ||||||
23 | bona fide independent contractor or employment | ||||||
24 | arrangements among health care professionals, health | ||||||
25 | facilities, health care providers, or other entities, |
| |||||||
| |||||||
1 | except as otherwise prohibited by law. Any employment | ||||||
2 | arrangements may include provisions for compensation, | ||||||
3 | health insurance, pension, or other employment benefits | ||||||
4 | for the provision of services within the scope of the | ||||||
5 | licensee's practice under this Act. Nothing in this | ||||||
6 | paragraph (d) shall be construed to require an employment | ||||||
7 | arrangement to receive professional fees for services | ||||||
8 | rendered.
| ||||||
9 | (e) Employing, procuring, inducing, aiding or abetting | ||||||
10 | a person not
licensed as a speech-language pathologist or | ||||||
11 | audiologist to engage in the
unauthorized practice of | ||||||
12 | speech-language pathology or audiology.
| ||||||
13 | (e-5) Employing, procuring, inducing, aiding, or | ||||||
14 | abetting a person not
licensed as a speech-language | ||||||
15 | pathology assistant to perform the
functions and duties of | ||||||
16 | a speech-language pathology assistant.
| ||||||
17 | (f) Making any misrepresentations or false promises, | ||||||
18 | directly or
indirectly, to influence, persuade or induce | ||||||
19 | patronage.
| ||||||
20 | (g) Professional connection or association with, or | ||||||
21 | lending his or her
name to
another for the illegal practice | ||||||
22 | of speech-language pathology or audiology
by another, or | ||||||
23 | professional connection or association with any person, | ||||||
24 | firm
or corporation holding itself out in any manner | ||||||
25 | contrary to this Act.
| ||||||
26 | (h) Obtaining or seeking to obtain checks, money, or |
| |||||||
| |||||||
1 | any other things
of value by false or fraudulent | ||||||
2 | representations, including but not limited
to, engaging in | ||||||
3 | such fraudulent practice to defraud the medical assistance
| ||||||
4 | program of the Department of Healthcare and Family Services | ||||||
5 | (formerly Department of Public Aid).
| ||||||
6 | (i) Practicing under a name other than his or her own.
| ||||||
7 | (j) Improper, unprofessional or dishonorable conduct | ||||||
8 | of a character likely
to deceive, defraud or harm the | ||||||
9 | public.
| ||||||
10 | (k) Conviction of or entry of a plea of guilty or nolo | ||||||
11 | contendere to any crime that is a felony
under the laws of | ||||||
12 | the United States or any state or territory thereof, or | ||||||
13 | that is a misdemeanor of which an essential element is | ||||||
14 | dishonesty, or that is directly related to the practice of | ||||||
15 | the profession.
| ||||||
16 | (1) Permitting a person under his or her supervision to | ||||||
17 | perform any
function
not authorized by this Act.
| ||||||
18 | (m) A violation of any provision of this Act or rules | ||||||
19 | promulgated
thereunder.
| ||||||
20 | (n) Discipline by another state, the District of | ||||||
21 | Columbia, territory, or
foreign nation of a license to | ||||||
22 | practice speech-language pathology or audiology
or a | ||||||
23 | license to practice as a speech-language pathology | ||||||
24 | assistant in its
jurisdiction if at least one of the | ||||||
25 | grounds for that discipline is the
same as or the | ||||||
26 | equivalent of one of the grounds for discipline set forth
|
| |||||||
| |||||||
1 | herein.
| ||||||
2 | (o) Willfully failing to report an instance of | ||||||
3 | suspected child abuse or
neglect as required by the Abused | ||||||
4 | and Neglected Child Reporting Act.
| ||||||
5 | (p) Gross or repeated malpractice.
| ||||||
6 | (q) Willfully making or filing false records or reports | ||||||
7 | in his or her
practice
as a speech-language pathologist, | ||||||
8 | speech-language pathology assistant, or
audiologist, | ||||||
9 | including, but not limited
to, false records to support | ||||||
10 | claims against the public assistance program
of the | ||||||
11 | Department of Healthcare and Family Services (formerly
| ||||||
12 | Illinois Department of Public Aid).
| ||||||
13 | (r) Professional incompetence as manifested by poor | ||||||
14 | standards of care or
mental incompetence as declared by a | ||||||
15 | court of competent jurisdiction.
| ||||||
16 | (s) Repeated irregularities in billing a third party | ||||||
17 | for services
rendered to an individual. For purposes of | ||||||
18 | this Section, "irregularities
in billing" shall include:
| ||||||
19 | (i) reporting excessive charges for the purpose of | ||||||
20 | obtaining a total
payment in excess of that usually | ||||||
21 | received by the speech-language
pathologist, | ||||||
22 | speech-language pathology assistant, or audiologist | ||||||
23 | for the
services rendered;
| ||||||
24 | (ii) reporting charges for services not rendered; | ||||||
25 | or
| ||||||
26 | (iii) incorrectly reporting services rendered for |
| |||||||
| |||||||
1 | the purpose of
obtaining payment not earned.
| ||||||
2 | (t) (Blank).
| ||||||
3 | (u) Violation of the Health Care Worker Self-Referral | ||||||
4 | Act.
| ||||||
5 | (v) Inability to practice with
reasonable judgment, | ||||||
6 | skill, or safety as a result of habitual or excessive use | ||||||
7 | of or addiction to alcohol, narcotics, or stimulants or any | ||||||
8 | other chemical agent or drug or as a result of physical | ||||||
9 | illness, including, but not limited to, deterioration | ||||||
10 | through the aging process or loss of motor skill, mental | ||||||
11 | illness, or disability.
| ||||||
12 | (w) Violation of the Hearing Instrument Consumer | ||||||
13 | Protection Act.
| ||||||
14 | (x) Failure by a speech-language pathology assistant | ||||||
15 | and supervising
speech-language pathologist to comply with | ||||||
16 | the supervision
requirements set forth in Section 8.8.
| ||||||
17 | (y) Wilfully exceeding the scope of duties customarily | ||||||
18 | undertaken by
speech-language pathology assistants set | ||||||
19 | forth in Section 8.7
that results in, or may result in, | ||||||
20 | harm to the public.
| ||||||
21 | (2) (Blank) The Department shall deny a license or renewal | ||||||
22 | authorized by this
Act to any person who has defaulted on an | ||||||
23 | educational loan guaranteed by
the Illinois State Scholarship | ||||||
24 | Commission; however, the Department may
issue a license or | ||||||
25 | renewal if the aforementioned persons have established a
| ||||||
26 | satisfactory repayment record as determined by the Illinois |
| |||||||
| |||||||
1 | State
Scholarship Commission .
| ||||||
2 | (3) The entry of an order by a circuit court establishing | ||||||
3 | that any
person holding a license under this Act is subject to | ||||||
4 | involuntary admission or
judicial admission as provided for in | ||||||
5 | the Mental Health and Developmental
Disabilities Code, | ||||||
6 | operates as an automatic suspension of that license. That
| ||||||
7 | person may have his or her license restored only upon the | ||||||
8 | determination by a
circuit court that the patient is no longer | ||||||
9 | subject to involuntary admission or
judicial admission and the | ||||||
10 | issuance of an order so finding and discharging the
patient, | ||||||
11 | and upon the Board's recommendation to the Department that the | ||||||
12 | license
be restored. Where the circumstances so indicate, the | ||||||
13 | Board may recommend to
the Department that it require an | ||||||
14 | examination prior to restoring any license
automatically | ||||||
15 | suspended under this subsection.
| ||||||
16 | (4) The Department may refuse to issue or may suspend the | ||||||
17 | license of any
person who fails to file a return, or to pay the | ||||||
18 | tax, penalty, or interest
shown
in a filed return, or to pay | ||||||
19 | any final assessment of the tax penalty or
interest, as | ||||||
20 | required by any tax Act administered by the Department of
| ||||||
21 | Revenue, until such time as the requirements of any such tax | ||||||
22 | Act are
satisfied.
| ||||||
23 | (5) In enforcing this Section, the Board upon a showing of | ||||||
24 | a possible
violation may compel an individual licensed to | ||||||
25 | practice under this Act, or
who has applied for licensure | ||||||
26 | pursuant to this Act, to submit
to a mental or physical |
| |||||||
| |||||||
1 | examination, or both, as required by and at the expense
of the | ||||||
2 | Department. The examining physicians or clinical psychologists
| ||||||
3 | shall be those specifically designated by the Board.
The | ||||||
4 | individual to be examined may have, at his or her own expense, | ||||||
5 | another
physician or clinical psychologist of his or her choice | ||||||
6 | present during all
aspects of this examination. Failure of any | ||||||
7 | individual to submit to a mental
or
physical examination, when | ||||||
8 | directed, shall be grounds for suspension of his or
her
license | ||||||
9 | until the individual submits to the examination if the Board | ||||||
10 | finds,
after notice and hearing, that the refusal to submit to | ||||||
11 | the examination was
without reasonable cause.
| ||||||
12 | If the Board finds an individual unable to practice because | ||||||
13 | of the reasons
set forth in this Section, the Board may require | ||||||
14 | that individual to submit to
care, counseling, or treatment by | ||||||
15 | physicians or clinical psychologists approved
or designated by | ||||||
16 | the Board, as a condition, term, or restriction for continued,
| ||||||
17 | reinstated, or
renewed licensure to practice; or, in lieu of | ||||||
18 | care, counseling, or treatment,
the
Board may recommend to the | ||||||
19 | Department to file a complaint to immediately
suspend, revoke, | ||||||
20 | or otherwise discipline the license of the individual.
Any | ||||||
21 | individual whose
license was granted, continued, reinstated, | ||||||
22 | renewed, disciplined or supervised
subject to such terms, | ||||||
23 | conditions, or restrictions, and who fails to comply
with
such | ||||||
24 | terms, conditions, or restrictions, shall be referred to the | ||||||
25 | Secretary for
a
determination as to whether the individual | ||||||
26 | shall have his or her license
suspended immediately, pending a |
| |||||||
| |||||||
1 | hearing by the Board.
| ||||||
2 | In instances in which the Secretary immediately suspends a | ||||||
3 | person's license
under this Section, a hearing on that person's | ||||||
4 | license must be convened by
the Board within 15 days after the | ||||||
5 | suspension and completed without appreciable
delay.
The Board | ||||||
6 | shall have the authority to review the subject individual's | ||||||
7 | record of
treatment and counseling regarding the impairment to | ||||||
8 | the extent permitted by
applicable federal statutes and | ||||||
9 | regulations safeguarding the confidentiality of
medical | ||||||
10 | records.
| ||||||
11 | An individual licensed under this Act and affected under | ||||||
12 | this Section shall
be
afforded an opportunity to demonstrate to | ||||||
13 | the Board that he or she can resume
practice in compliance with | ||||||
14 | acceptable and prevailing standards under the
provisions of his | ||||||
15 | or her license.
| ||||||
16 | (Source: P.A. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07; | ||||||
17 | 96-1482, eff. 11-29-10.)
| ||||||
18 | Section 80. The Veterinary Medicine and Surgery Practice | ||||||
19 | Act of 2004 is amended by changing Section 25 as follows:
| ||||||
20 | (225 ILCS 115/25) (from Ch. 111, par. 7025)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 25. Disciplinary actions.
| ||||||
23 | 1. The Department may refuse to issue or renew, or may | ||||||
24 | revoke,
suspend, place on probation, reprimand, or take other |
| |||||||
| |||||||
1 | disciplinary or non-disciplinary
action as the Department may | ||||||
2 | deem appropriate, including imposing fines not to
exceed | ||||||
3 | $10,000 for each violation and the assessment of costs as | ||||||
4 | provided for in Section 25.3 of this Act, with regard to any
| ||||||
5 | license or certificate for any one or combination of the | ||||||
6 | following:
| ||||||
7 | A. Material misstatement in furnishing information to | ||||||
8 | the
Department.
| ||||||
9 | B. Violations of this Act, or of the rules adopted | ||||||
10 | pursuant to this Act.
| ||||||
11 | C. Conviction by plea of guilty or nolo contendere, | ||||||
12 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
13 | sentencing of any crime, including, but not limited to, | ||||||
14 | convictions, preceding sentences of supervision, | ||||||
15 | conditional discharge, or first offender probation, under | ||||||
16 | the laws of any jurisdiction of the United States that is | ||||||
17 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
18 | which is dishonesty, or that is directly related to the | ||||||
19 | practice of the profession.
| ||||||
20 | D. Fraud or any misrepresentation in applying for or | ||||||
21 | procuring a license under this Act or in connection with | ||||||
22 | applying for renewal of a license under this Act.
| ||||||
23 | E. Professional incompetence.
| ||||||
24 | F. Malpractice.
| ||||||
25 | G. Aiding or assisting another person in violating any | ||||||
26 | provision of this
Act or rules.
|
| |||||||
| |||||||
1 | H. Failing, within 60 days, to provide information in | ||||||
2 | response to a
written request made by the Department.
| ||||||
3 | I. Engaging in dishonorable, unethical, or | ||||||
4 | unprofessional conduct of a
character likely to deceive, | ||||||
5 | defraud, or harm the public.
| ||||||
6 | J. Habitual or excessive use or abuse of drugs defined | ||||||
7 | in law as controlled substances, alcohol, or any other | ||||||
8 | substance that results in the inability
to practice with | ||||||
9 | reasonable judgment, skill, or safety.
| ||||||
10 | K. Discipline by another state, unit of government, | ||||||
11 | government agency, District of Columbia, territory, or
| ||||||
12 | foreign nation, if at least one of the grounds for the | ||||||
13 | discipline is the same
or substantially equivalent to those | ||||||
14 | set forth herein.
| ||||||
15 | L. Charging for professional services not rendered, | ||||||
16 | including filing false statements for the collection of | ||||||
17 | fees for which services are not rendered.
| ||||||
18 | M. A finding by the Board that the licensee or | ||||||
19 | certificate holder,
after having his license or | ||||||
20 | certificate placed on probationary status, has
violated | ||||||
21 | the terms of probation.
| ||||||
22 | N. Willfully making or filing false records or reports | ||||||
23 | in his practice,
including but not limited to false records | ||||||
24 | filed with State agencies or
departments.
| ||||||
25 | O. Physical illness, including but not limited to, | ||||||
26 | deterioration through
the aging process, or loss of motor |
| |||||||
| |||||||
1 | skill which results in the inability
to practice under this | ||||||
2 | Act with reasonable judgment, skill, or safety.
| ||||||
3 | P. Solicitation of professional services other than | ||||||
4 | permitted
advertising.
| ||||||
5 | Q. Allowing one's license under this Act to be used by | ||||||
6 | an unlicensed person in violation of this Act.
| ||||||
7 | R. Conviction of or cash compromise of a charge or | ||||||
8 | violation of the
Harrison Act or the Illinois Controlled | ||||||
9 | Substances Act, regulating narcotics.
| ||||||
10 | S. Fraud or dishonesty in applying, treating, or | ||||||
11 | reporting on
tuberculin or other biological tests.
| ||||||
12 | T. Failing to report, as required by law, or making | ||||||
13 | false report of any
contagious or infectious diseases.
| ||||||
14 | U. Fraudulent use or misuse of any health certificate, | ||||||
15 | shipping
certificate, brand inspection certificate, or | ||||||
16 | other blank forms used in
practice that might lead to the | ||||||
17 | dissemination of disease or the transportation
of diseased | ||||||
18 | animals dead or alive; or dilatory methods, willful | ||||||
19 | neglect, or
misrepresentation in the inspection of milk, | ||||||
20 | meat, poultry, and the by-products
thereof.
| ||||||
21 | V. Conviction on a charge of cruelty to animals.
| ||||||
22 | W. Failure to keep one's premises and all equipment | ||||||
23 | therein in a clean
and sanitary condition.
| ||||||
24 | X. Failure to provide satisfactory proof of having | ||||||
25 | participated in
approved continuing education programs.
| ||||||
26 | Y. Mental illness or disability that results in the |
| |||||||
| |||||||
1 | inability to practice under this Act with reasonable | ||||||
2 | judgment, skill, or safety.
| ||||||
3 | Z. Conviction by any court of competent jurisdiction, | ||||||
4 | either within or
outside this State, of any violation of | ||||||
5 | any law governing the practice of
veterinary medicine, if | ||||||
6 | the Department determines, after investigation, that
the | ||||||
7 | person has not been sufficiently rehabilitated to warrant | ||||||
8 | the public trust.
| ||||||
9 | AA. Promotion of the sale of drugs, devices, | ||||||
10 | appliances, or goods provided
for a patient in any manner | ||||||
11 | to exploit the client for financial gain of the
| ||||||
12 | veterinarian.
| ||||||
13 | BB. Gross, willful, or continued overcharging for | ||||||
14 | professional services.
| ||||||
15 | CC. Practicing under a false or, except as provided by | ||||||
16 | law, an assumed
name.
| ||||||
17 | DD. Violating state or federal laws or regulations | ||||||
18 | relating to controlled substances or legend drugs.
| ||||||
19 | EE. Cheating on or attempting to subvert the licensing | ||||||
20 | examination
administered under this Act.
| ||||||
21 | FF. Using, prescribing, or selling a prescription drug | ||||||
22 | or the
extra-label use of a prescription drug by any means | ||||||
23 | in the absence of a valid
veterinarian-client-patient | ||||||
24 | relationship.
| ||||||
25 | GG. Failing to report a case of suspected aggravated | ||||||
26 | cruelty, torture,
or
animal fighting pursuant to Section |
| |||||||
| |||||||
1 | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||||||
2 | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012.
| ||||||
4 | All fines imposed under this Section shall be paid within | ||||||
5 | 60 days after the effective date of the order imposing the fine | ||||||
6 | or in accordance with the terms set forth in the order imposing | ||||||
7 | the fine. | ||||||
8 | 2. The determination by a circuit court that a licensee or | ||||||
9 | certificate
holder is subject to involuntary admission or | ||||||
10 | judicial admission as provided in
the Mental Health and | ||||||
11 | Developmental Disabilities Code operates as an automatic
| ||||||
12 | suspension. The suspension will end only upon a finding by a | ||||||
13 | court that the
patient is no longer subject to involuntary | ||||||
14 | admission or judicial admission and
issues an order so finding | ||||||
15 | and discharging the patient. In any case where a license is | ||||||
16 | suspended under this provision, the licensee shall file a | ||||||
17 | petition for restoration and shall include evidence acceptable | ||||||
18 | to the Department that the licensee can resume practice in | ||||||
19 | compliance with acceptable and prevailing standards of his or | ||||||
20 | her their profession.
| ||||||
21 | 3. All proceedings to suspend, revoke, place on | ||||||
22 | probationary status, or
take any other disciplinary action as | ||||||
23 | the Department may deem proper, with
regard to a license or | ||||||
24 | certificate on any of the foregoing grounds, must be
commenced | ||||||
25 | within 5 years after receipt by the Department of a complaint
| ||||||
26 | alleging the commission of or notice of the conviction order |
| |||||||
| |||||||
1 | for any of the
acts described in this Section. Except for | ||||||
2 | proceedings brought for violations
of items (CC), (DD), or | ||||||
3 | (EE), no action shall be commenced more than 5 years
after the | ||||||
4 | date of the incident or act alleged to have violated this | ||||||
5 | Section.
In the event of the settlement of any claim or cause | ||||||
6 | of action in favor of the
claimant or the reduction to final | ||||||
7 | judgment of any civil action in favor of the
plaintiff, the | ||||||
8 | claim, cause of action, or civil action being grounded on the
| ||||||
9 | allegation that a person licensed or certified under this Act | ||||||
10 | was negligent in
providing care, the Department shall have an | ||||||
11 | additional period of one year from
the date of the settlement | ||||||
12 | or final judgment in which to investigate and begin
formal | ||||||
13 | disciplinary proceedings under Section 25.2 of this Act, except | ||||||
14 | as
otherwise provided by law. The time during which the holder | ||||||
15 | of the license or
certificate was outside the State of Illinois | ||||||
16 | shall not be included within any
period of time limiting the | ||||||
17 | commencement of disciplinary action by the
Department.
| ||||||
18 | 4. The Department may refuse to issue or may suspend | ||||||
19 | without hearing, as provided for in the Illinois Code of Civil | ||||||
20 | Procedure,
the license of any person who fails to file a | ||||||
21 | return, to pay the tax, penalty,
or interest
shown in a filed | ||||||
22 | return, or to pay any final assessment of tax, penalty, or
| ||||||
23 | interest as
required by any tax Act administered by the | ||||||
24 | Illinois Department of Revenue, until such
time as
the | ||||||
25 | requirements of any such tax Act are satisfied in accordance | ||||||
26 | with subsection (g) of Section 2105-15 of the Civil |
| |||||||
| |||||||
1 | Administrative Code of Illinois.
| ||||||
2 | 5. In enforcing this Section, the Department, upon a | ||||||
3 | showing of a possible violation, may compel any individual who | ||||||
4 | is registered under this Act or any individual who has applied | ||||||
5 | for registration to submit to a mental or physical examination | ||||||
6 | or evaluation, or both, which may include a substance abuse or | ||||||
7 | sexual offender evaluation, at the expense of the Department. | ||||||
8 | The Department shall specifically designate the examining | ||||||
9 | physician licensed to practice medicine in all of its branches | ||||||
10 | or, if applicable, the multidisciplinary team involved in | ||||||
11 | providing the mental or physical examination and evaluation. | ||||||
12 | The multidisciplinary team shall be led by a physician licensed | ||||||
13 | to practice medicine in all of its branches and may consist of | ||||||
14 | one or more or a combination of physicians licensed to practice | ||||||
15 | medicine in all of its branches, licensed chiropractic | ||||||
16 | physicians, licensed clinical psychologists, licensed clinical | ||||||
17 | social workers, licensed clinical professional counselors, and | ||||||
18 | other professional and administrative staff. Any examining | ||||||
19 | physician or member of the multidisciplinary team may require | ||||||
20 | any person ordered to submit to an examination and evaluation | ||||||
21 | pursuant to this Section to submit to any additional | ||||||
22 | supplemental testing deemed necessary to complete any | ||||||
23 | examination or evaluation process, including, but not limited | ||||||
24 | to, blood testing, urinalysis, psychological testing, or | ||||||
25 | neuropsychological testing. | ||||||
26 | The Department may order the examining physician or any |
| |||||||
| |||||||
1 | member of the multidisciplinary team to provide to the | ||||||
2 | Department any and all records, including business records, | ||||||
3 | that relate to the examination and evaluation, including any | ||||||
4 | supplemental testing performed. The Department may order the | ||||||
5 | examining physician or any member of the multidisciplinary team | ||||||
6 | to present testimony concerning this examination and | ||||||
7 | evaluation of the registrant or applicant, including testimony | ||||||
8 | concerning any supplemental testing or documents relating to | ||||||
9 | the examination and evaluation. No information, report, | ||||||
10 | record, or other documents in any way related to the | ||||||
11 | examination and evaluation shall be excluded by reason of any | ||||||
12 | common law or statutory privilege relating to communication | ||||||
13 | between the licensee or applicant and the examining physician | ||||||
14 | or any member of the multidisciplinary team. No authorization | ||||||
15 | is necessary from the registrant or applicant ordered to | ||||||
16 | undergo an evaluation and examination for the examining | ||||||
17 | physician or any member of the multidisciplinary team to | ||||||
18 | provide information, reports, records, or other documents or to | ||||||
19 | provide any testimony regarding the examination and | ||||||
20 | evaluation. The individual to be examined may have, at his or | ||||||
21 | her own expense, another physician of his or her choice present | ||||||
22 | during all aspects of the examination. | ||||||
23 | Failure of any individual to submit to mental or physical | ||||||
24 | examination or evaluation, or both, when directed, shall result | ||||||
25 | in an automatic suspension without hearing, until such time as | ||||||
26 | the individual submits to the examination. If the Department |
| |||||||
| |||||||
1 | finds a registrant unable to practice because of the reasons | ||||||
2 | set forth in this Section, the Department shall require such | ||||||
3 | registrant to submit to care, counseling, or treatment by | ||||||
4 | physicians approved or designated by the Department as a | ||||||
5 | condition for continued, reinstated, or renewed registration. | ||||||
6 | In instances in which the Secretary immediately suspends a | ||||||
7 | registration under this Section, a hearing upon such person's | ||||||
8 | registration must be convened by the Department within 15 days | ||||||
9 | after such suspension and completed without appreciable delay. | ||||||
10 | The Department shall have the authority to review the | ||||||
11 | registrant's record of treatment and counseling regarding the | ||||||
12 | impairment to the extent permitted by applicable federal | ||||||
13 | statutes and regulations safeguarding the confidentiality of | ||||||
14 | medical records. | ||||||
15 | Individuals registered under this Act who that are affected | ||||||
16 | under this Section, shall be afforded an opportunity to | ||||||
17 | demonstrate to the Department that they can resume practice in | ||||||
18 | compliance with acceptable and prevailing standards under the | ||||||
19 | provisions of their registration.
| ||||||
20 | 6. (Blank) The Department shall deny a license or renewal | ||||||
21 | authorized by this Act to a person who has defaulted on an | ||||||
22 | educational loan or scholarship provided or guaranteed by the | ||||||
23 | Illinois Student Assistance Commission or any governmental | ||||||
24 | agency of this State in accordance with paragraph (5) of | ||||||
25 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
26 | Code of Illinois . |
| |||||||
| |||||||
1 | 7. In cases where the Department of Healthcare and Family | ||||||
2 | Services has previously determined a licensee or a potential | ||||||
3 | licensee is more than 30 days delinquent in the payment of | ||||||
4 | child support and has subsequently certified the delinquency to | ||||||
5 | the Department, the Department may refuse to issue or renew or | ||||||
6 | may revoke or suspend that person's license or may take other | ||||||
7 | disciplinary action against that person based solely upon the | ||||||
8 | certification of delinquency made by the Department of | ||||||
9 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
10 | of subsection (a) of Section 2105-15 1205-15 of the Civil | ||||||
11 | Administrative Code of Illinois. | ||||||
12 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
13 | 98-339, eff. 12-31-13; revised 11-25-14.)
| ||||||
14 | Section 85. The Registered Surgical Assistant and | ||||||
15 | Registered Surgical
Technologist Title Protection Act is | ||||||
16 | amended by changing Section 75 as follows:
| ||||||
17 | (225 ILCS 130/75)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 75. Grounds for disciplinary action.
| ||||||
20 | (a) The Department may refuse to issue, renew, or restore a
| ||||||
21 | registration, may revoke or suspend a registration, or may | ||||||
22 | place on
probation, reprimand, or take other disciplinary or | ||||||
23 | non-disciplinary
action with regard to a person registered | ||||||
24 | under this Act,
including but not limited to the imposition of |
| |||||||
| |||||||
1 | fines not to
exceed $10,000 for each violation and the | ||||||
2 | assessment of costs as provided for in Section 90, for any one | ||||||
3 | or combination
of the following causes:
| ||||||
4 | (1) Making a material misstatement in furnishing
| ||||||
5 | information to the Department.
| ||||||
6 | (2) Violating a provision of this Act or rules adopted | ||||||
7 | under this Act.
| ||||||
8 | (3) 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 that is | ||||||
14 | (i) a felony or (ii) a misdemeanor, an essential element of | ||||||
15 | which is dishonesty, or that is directly related to the | ||||||
16 | practice of the profession.
| ||||||
17 | (4) Fraud or misrepresentation in applying for, | ||||||
18 | renewing, restoring, reinstating, or procuring a | ||||||
19 | registration under this Act.
| ||||||
20 | (5) Aiding or assisting another person in
violating a | ||||||
21 | provision of this Act or its rules.
| ||||||
22 | (6) Failing to provide information within 60 days
in | ||||||
23 | response to a written request made by the Department.
| ||||||
24 | (7) Engaging in dishonorable, unethical, or
| ||||||
25 | unprofessional conduct of a character likely to deceive,
| ||||||
26 | defraud, or harm the public, as defined by rule of the
|
| |||||||
| |||||||
1 | Department.
| ||||||
2 | (8) Discipline by another United States
jurisdiction, | ||||||
3 | governmental agency, unit of government, or foreign | ||||||
4 | nation, if at least one of the
grounds for discipline is | ||||||
5 | the same or substantially
equivalent to those set forth in | ||||||
6 | this Section.
| ||||||
7 | (9) Directly or indirectly giving to or receiving
from | ||||||
8 | a person, firm, corporation, partnership, or
association a | ||||||
9 | fee, commission, rebate, or other form of
compensation for | ||||||
10 | professional services not actually or
personally rendered. | ||||||
11 | Nothing in this paragraph (9) affects any bona fide | ||||||
12 | independent contractor or employment arrangements among | ||||||
13 | health care professionals, health facilities, health care | ||||||
14 | providers, or other entities, except as otherwise | ||||||
15 | prohibited by law. Any employment arrangements may include | ||||||
16 | provisions for compensation, health insurance, pension, or | ||||||
17 | other employment benefits for the provision of services | ||||||
18 | within the scope of the registrant's practice under this | ||||||
19 | Act. Nothing in this paragraph (9) shall be construed to | ||||||
20 | require an employment arrangement to receive professional | ||||||
21 | fees for services rendered.
| ||||||
22 | (10) A finding by the Department that the registrant, | ||||||
23 | after
having his or her registration placed on probationary | ||||||
24 | status,
has violated the terms of probation.
| ||||||
25 | (11) Willfully making or filing false records or
| ||||||
26 | reports in his or her practice, including but not limited
|
| |||||||
| |||||||
1 | to false records or reports filed with State agencies.
| ||||||
2 | (12) Willfully making or signing a false statement,
| ||||||
3 | certificate, or affidavit to induce payment.
| ||||||
4 | (13) Willfully failing to report an instance of
| ||||||
5 | suspected child abuse or neglect as required under the
| ||||||
6 | Abused and Neglected Child Reporting Act.
| ||||||
7 | (14) Being named as a perpetrator in an indicated
| ||||||
8 | report by the Department of Children and Family Services
| ||||||
9 | under the Abused and Neglected Child Reporting Act and
upon | ||||||
10 | proof by clear and convincing evidence that the
registrant | ||||||
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 | (15) (Blank).
| ||||||
14 | (16) Failure to report to the Department (A) any
| ||||||
15 | adverse final action taken against the registrant by
| ||||||
16 | another registering or licensing jurisdiction,
government | ||||||
17 | agency, law enforcement agency, or
any court or (B) | ||||||
18 | liability for conduct that would
constitute grounds for | ||||||
19 | action as set forth in this
Section.
| ||||||
20 | (17) Habitual or excessive use or abuse of drugs | ||||||
21 | defined in law as controlled substances, alcohol, or any | ||||||
22 | other substance that results in the inability to practice | ||||||
23 | with reasonable judgment, skill, or safety.
| ||||||
24 | (18) Physical or mental illness, including but not | ||||||
25 | limited to
deterioration through the aging process or loss | ||||||
26 | of motor
skills, which results in the inability to practice |
| |||||||
| |||||||
1 | the
profession for which he or she is registered with
| ||||||
2 | reasonable judgment, skill, or safety.
| ||||||
3 | (19) Gross malpractice.
| ||||||
4 | (20) Immoral conduct in the commission of an act | ||||||
5 | related to the
registrant's practice, including but not | ||||||
6 | limited to sexual abuse, sexual
misconduct,
or sexual | ||||||
7 | exploitation.
| ||||||
8 | (21) Violation of
the Health Care Worker Self-Referral | ||||||
9 | Act.
| ||||||
10 | (b) The Department may refuse to issue or may suspend | ||||||
11 | without hearing the
registration of a person who fails to file | ||||||
12 | a return, to pay the
tax, penalty, or interest shown in a filed | ||||||
13 | return, or to pay
a final assessment of the tax, penalty, or | ||||||
14 | interest as
required by a tax Act administered by the | ||||||
15 | Department of
Revenue, until the requirements of the tax Act | ||||||
16 | are satisfied in accordance with subsection (g) of Section | ||||||
17 | 2105-15 of the Department of Regulation Law of the Civil | ||||||
18 | Administrative Code of Illinois.
| ||||||
19 | (c) The determination by a circuit court that a registrant
| ||||||
20 | is subject to involuntary admission or judicial admission as
| ||||||
21 | provided in the Mental Health and Developmental Disabilities
| ||||||
22 | Code operates as an automatic suspension. The suspension will
| ||||||
23 | end only upon (1) a finding by a court that the patient is no
| ||||||
24 | longer subject to involuntary admission or judicial
admission, | ||||||
25 | (2) issuance of an order so finding and
discharging the | ||||||
26 | patient, and (3) filing of a petition for restoration |
| |||||||
| |||||||
1 | demonstrating fitness to practice.
| ||||||
2 | (d) (Blank) The Department shall deny a registration or | ||||||
3 | renewal authorized by this Act to a person who has defaulted on | ||||||
4 | an educational loan or scholarship provided or guaranteed by | ||||||
5 | the Illinois Student Assistance Commission or any governmental | ||||||
6 | agency of this State in accordance with paragraph (5) of | ||||||
7 | subsection (a) of Section 2105-15 of the Department of | ||||||
8 | Regulation Law of the Civil Administrative Code of Illinois . | ||||||
9 | (e) In cases where the Department of Healthcare and Family | ||||||
10 | Services has previously determined a registrant or a potential | ||||||
11 | registrant is more than 30 days delinquent in the payment of | ||||||
12 | child support and has subsequently certified the delinquency to | ||||||
13 | the Department, the Department may refuse to issue or renew or | ||||||
14 | may revoke or suspend that person's registration or may take | ||||||
15 | other disciplinary action against that person based solely upon | ||||||
16 | the certification of delinquency made by the Department of | ||||||
17 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
18 | of subsection (a) of Section 2105-15 of the Department of | ||||||
19 | Professional Regulation Law of the Civil Administrative Code of | ||||||
20 | Illinois. | ||||||
21 | (f) In enforcing this Section, the Department, upon a | ||||||
22 | showing of a possible violation, may compel any individual | ||||||
23 | registered under this Act or any individual who has applied for | ||||||
24 | registration to submit to a mental or physical examination and | ||||||
25 | evaluation, or both, that may include a substance abuse or | ||||||
26 | sexual offender evaluation, at the expense of the Department. |
| |||||||
| |||||||
1 | The Department shall specifically designate the examining | ||||||
2 | physician licensed to practice medicine in all of its branches | ||||||
3 | or, if applicable, the multidisciplinary team involved in | ||||||
4 | providing the mental or physical examination and evaluation, or | ||||||
5 | both. The multidisciplinary team shall be led by a physician | ||||||
6 | licensed to practice medicine in all of its branches and may | ||||||
7 | consist of one or more or a combination of physicians licensed | ||||||
8 | to practice medicine in all of its branches, licensed | ||||||
9 | chiropractic physicians, licensed clinical psychologists, | ||||||
10 | licensed clinical social workers, licensed clinical | ||||||
11 | professional counselors, and other professional and | ||||||
12 | administrative staff. Any examining physician or member of the | ||||||
13 | multidisciplinary team may require any person ordered to submit | ||||||
14 | to an examination and evaluation pursuant to this Section to | ||||||
15 | submit to any additional supplemental testing deemed necessary | ||||||
16 | to complete any examination or evaluation process, including, | ||||||
17 | but not limited to, blood testing, urinalysis, psychological | ||||||
18 | testing, or neuropsychological testing. | ||||||
19 | The Department may order the examining physician or any | ||||||
20 | member of the multidisciplinary team to provide to the | ||||||
21 | Department any and all records, including business records, | ||||||
22 | that relate to the examination and evaluation, including any | ||||||
23 | supplemental testing performed. The Department may order the | ||||||
24 | examining physician or any member of the multidisciplinary team | ||||||
25 | to present testimony concerning this examination and | ||||||
26 | evaluation of the registrant or applicant, including testimony |
| |||||||
| |||||||
1 | concerning any supplemental testing or documents relating to | ||||||
2 | the examination and evaluation. No information, report, | ||||||
3 | record, or other documents in any way related to the | ||||||
4 | examination and evaluation shall be excluded by reason of any | ||||||
5 | common law or statutory privilege relating to communication | ||||||
6 | between the registrant or applicant and the examining physician | ||||||
7 | or any member of the multidisciplinary team. No authorization | ||||||
8 | is necessary from the registrant or applicant ordered to | ||||||
9 | undergo an evaluation and examination for the examining | ||||||
10 | physician or any member of the multidisciplinary team to | ||||||
11 | provide information, reports, records, or other documents or to | ||||||
12 | provide any testimony regarding the examination and | ||||||
13 | evaluation. The individual to be examined may have, at his or | ||||||
14 | her own expense, another physician of his or her choice present | ||||||
15 | during all aspects of the examination. | ||||||
16 | Failure of any individual to submit to mental or physical | ||||||
17 | examination and evaluation, or both, when directed, shall | ||||||
18 | result in an automatic suspension without a hearing until such | ||||||
19 | time as the individual submits to the examination. If the | ||||||
20 | Department finds a registrant unable to practice because of the | ||||||
21 | reasons set forth in this Section, the Department shall require | ||||||
22 | such registrant to submit to care, counseling, or treatment by | ||||||
23 | physicians approved or designated by the Department as a | ||||||
24 | condition for continued, reinstated, or renewed registration. | ||||||
25 | When the Secretary immediately suspends a registration | ||||||
26 | under this Section, a hearing upon such person's registration |
| |||||||
| |||||||
1 | must be convened by the Department within 15 days after such | ||||||
2 | suspension and completed without appreciable delay. The | ||||||
3 | Department shall have the authority to review the registrant's | ||||||
4 | record of treatment and counseling regarding the impairment to | ||||||
5 | the extent permitted by applicable federal statutes and | ||||||
6 | regulations safeguarding the confidentiality of medical | ||||||
7 | records. | ||||||
8 | Individuals registered under this Act and affected under | ||||||
9 | this Section shall be afforded an opportunity to demonstrate to | ||||||
10 | the Department that they can resume practice in compliance with | ||||||
11 | acceptable and prevailing standards under the provisions of | ||||||
12 | their registration. | ||||||
13 | (g) All fines imposed under this Section shall be paid | ||||||
14 | within 60 days after the effective date of the order imposing | ||||||
15 | the fine or in accordance with the terms set forth in the order | ||||||
16 | imposing the fine. | ||||||
17 | (Source: P.A. 98-364, eff. 12-31-13.)
| ||||||
18 | Section 90. The Genetic Counselor Licensing Act is amended | ||||||
19 | by changing Section 95 as follows:
| ||||||
20 | (225 ILCS 135/95) | ||||||
21 | (Section scheduled to be repealed on January 1, 2025) | ||||||
22 | Sec. 95. Grounds for discipline.
| ||||||
23 | (a) The Department may refuse to issue, renew, or may | ||||||
24 | revoke, suspend, place on probation, reprimand, or take other |
| |||||||
| |||||||
1 | disciplinary or non-disciplinary action as the Department | ||||||
2 | deems appropriate, including the issuance of fines not to | ||||||
3 | exceed $10,000 for each violation, with regard to any license | ||||||
4 | for any one or more of the following: | ||||||
5 | (1) Material misstatement in furnishing information to | ||||||
6 | the Department or to any other State agency.
| ||||||
7 | (2) Violations or negligent or intentional disregard | ||||||
8 | of this Act, or any of its rules.
| ||||||
9 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
10 | finding of guilt, jury verdict, or entry of judgment or | ||||||
11 | sentencing, including, but not limited to, convictions, | ||||||
12 | preceding sentences of supervision, conditional discharge, | ||||||
13 | or first offender probation, under the laws of any | ||||||
14 | jurisdiction of the United States: (i) that is a felony or | ||||||
15 | (ii) that is a misdemeanor, an essential element of which | ||||||
16 | is dishonesty, or that is directly related to the practice | ||||||
17 | of genetic counseling.
| ||||||
18 | (4) Making any misrepresentation for the purpose of | ||||||
19 | obtaining a license, or violating any provision of this Act | ||||||
20 | or its rules. | ||||||
21 | (5) Negligence in the rendering of genetic counseling | ||||||
22 | services.
| ||||||
23 | (6) Failure to provide genetic testing results and any | ||||||
24 | requested information to a referring physician licensed to | ||||||
25 | practice medicine in all its branches, advanced practice | ||||||
26 | nurse, or physician assistant.
|
| |||||||
| |||||||
1 | (7) Aiding or assisting another person in violating any | ||||||
2 | provision of this Act or any rules.
| ||||||
3 | (8) Failing to provide information within 60 days in | ||||||
4 | response to a written request made by the Department.
| ||||||
5 | (9) Engaging in dishonorable, unethical, or | ||||||
6 | unprofessional conduct of a character likely to deceive, | ||||||
7 | defraud, or harm the public and violating the rules of | ||||||
8 | professional conduct adopted by the Department.
| ||||||
9 | (10) Failing to maintain the confidentiality of any | ||||||
10 | information received from a client, unless otherwise | ||||||
11 | authorized or required by law.
| ||||||
12 | (10.5) Failure to maintain client records of services | ||||||
13 | provided and provide copies to clients upon request. | ||||||
14 | (11) Exploiting a client for personal advantage, | ||||||
15 | profit, or interest.
| ||||||
16 | (12) Habitual or excessive use or addiction to alcohol, | ||||||
17 | narcotics, stimulants, or any other chemical agent or drug | ||||||
18 | which results in inability to practice with reasonable | ||||||
19 | skill, judgment, or safety.
| ||||||
20 | (13) Discipline by another governmental agency or unit | ||||||
21 | of government, by any jurisdiction of the United States, or | ||||||
22 | by a foreign nation, if at least one of the grounds for the | ||||||
23 | discipline is the same or substantially equivalent to those | ||||||
24 | set forth in this Section.
| ||||||
25 | (14) Directly or indirectly giving to or receiving from | ||||||
26 | any person, firm, corporation, partnership, or association |
| |||||||
| |||||||
1 | any fee, commission, rebate, or other form of compensation | ||||||
2 | for any professional service not actually rendered. | ||||||
3 | Nothing in this paragraph (14) affects any bona fide | ||||||
4 | independent contractor or employment arrangements among | ||||||
5 | health care professionals, health facilities, health care | ||||||
6 | providers, or other entities, except as otherwise | ||||||
7 | prohibited by law. Any employment arrangements may include | ||||||
8 | provisions for compensation, health insurance, pension, or | ||||||
9 | other employment benefits for the provision of services | ||||||
10 | within the scope of the licensee's practice under this Act. | ||||||
11 | Nothing in this paragraph (14) shall be construed to | ||||||
12 | require an employment arrangement to receive professional | ||||||
13 | fees for services rendered. | ||||||
14 | (15) A finding by the Department that the licensee, | ||||||
15 | after having the license placed on probationary status has | ||||||
16 | violated the terms of probation.
| ||||||
17 | (16) Failing to refer a client to other health care | ||||||
18 | professionals when the licensee is unable or unwilling to | ||||||
19 | adequately support or serve the client.
| ||||||
20 | (17) Willfully filing false reports relating to a | ||||||
21 | licensee's practice, including but not limited to false | ||||||
22 | records filed with federal or State agencies or | ||||||
23 | departments.
| ||||||
24 | (18) Willfully failing to report an instance of | ||||||
25 | suspected child abuse or neglect as required by the Abused | ||||||
26 | and Neglected Child Reporting Act.
|
| |||||||
| |||||||
1 | (19) 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 that the | ||||||
5 | licensee has caused a child to be an abused child or | ||||||
6 | neglected child as defined in the Abused and Neglected | ||||||
7 | Child Reporting Act.
| ||||||
8 | (20) Physical or mental disability, including | ||||||
9 | deterioration through the aging process or loss of | ||||||
10 | abilities and skills which results in the inability to | ||||||
11 | practice the profession with reasonable judgment, skill, | ||||||
12 | or safety.
| ||||||
13 | (21) Solicitation of professional services by using | ||||||
14 | false or misleading advertising.
| ||||||
15 | (22) Failure to file a return, or to pay the tax, | ||||||
16 | penalty of interest shown in a filed return, or to pay any | ||||||
17 | final assessment of tax, penalty or interest, as required | ||||||
18 | by any tax Act administered by the Illinois Department of | ||||||
19 | Revenue or any successor agency or the Internal Revenue | ||||||
20 | Service or any successor agency.
| ||||||
21 | (23) Fraud or making any misrepresentation in applying | ||||||
22 | for or procuring a license under this Act or in connection | ||||||
23 | with applying for renewal of a license under this Act.
| ||||||
24 | (24) Practicing or attempting to practice under a name | ||||||
25 | other than the full name as shown on the license or any | ||||||
26 | other legally authorized name.
|
| |||||||
| |||||||
1 | (25) Gross overcharging for professional services, | ||||||
2 | including filing statements for collection of fees or | ||||||
3 | monies for which services are not rendered.
| ||||||
4 | (26) Providing genetic counseling services to | ||||||
5 | individuals, couples, groups, or families without a | ||||||
6 | referral from either a physician licensed to practice | ||||||
7 | medicine in all its branches, an advanced practice nurse | ||||||
8 | who has a collaborative agreement with a collaborating | ||||||
9 | physician that authorizes the advanced practice nurse to | ||||||
10 | make referrals to a genetic counselor, or a physician | ||||||
11 | assistant who has been delegated authority to make | ||||||
12 | referrals to genetic counselors.
| ||||||
13 | (27) Charging for professional services not rendered, | ||||||
14 | including filing false statements for the collection of | ||||||
15 | fees for which services are not rendered. | ||||||
16 | (28) Allowing one's license under this Act to be used | ||||||
17 | by an unlicensed person in violation of this Act. | ||||||
18 | (b) (Blank) The Department shall deny, without hearing, any | ||||||
19 | application or renewal for a license under this Act to any | ||||||
20 | person who has defaulted on an educational loan guaranteed by | ||||||
21 | the Illinois State Assistance Commission; however, the | ||||||
22 | Department may issue a license or renewal if the person in | ||||||
23 | default has established a satisfactory repayment record as | ||||||
24 | determined by the Illinois Student Assistance Commission .
| ||||||
25 | (c) The determination by a court that a licensee is subject | ||||||
26 | to involuntary admission or judicial admission as provided in |
| |||||||
| |||||||
1 | the Mental Health and Developmental Disabilities Code will | ||||||
2 | result in an automatic suspension of his or her license. The | ||||||
3 | suspension will end upon a finding by a court that the licensee | ||||||
4 | is no longer subject to involuntary admission or judicial | ||||||
5 | admission, the issuance of an order so finding and discharging | ||||||
6 | the patient, and the determination of the Secretary that the | ||||||
7 | licensee be allowed to resume professional practice. | ||||||
8 | (d) The Department may refuse to issue or renew or may | ||||||
9 | suspend without hearing the license of any person who fails to | ||||||
10 | file a return, to pay the tax penalty or interest shown in a | ||||||
11 | filed return, or to pay any final assessment of the tax, | ||||||
12 | penalty, or interest as required by any Act regarding the | ||||||
13 | payment of taxes administered by the Illinois Department of | ||||||
14 | Revenue until the requirements of the Act are satisfied in | ||||||
15 | accordance with subsection (g) of Section 2105-15 of the Civil | ||||||
16 | Administrative Code of Illinois. | ||||||
17 | (e) In cases where the Department of Healthcare and Family | ||||||
18 | Services has previously determined that a licensee or a | ||||||
19 | potential licensee is more than 30 days delinquent in the | ||||||
20 | payment of child support and has subsequently certified the | ||||||
21 | delinquency to the Department, the Department may refuse to | ||||||
22 | issue or renew or may revoke or suspend that person's license | ||||||
23 | or may take other disciplinary action against that person based | ||||||
24 | solely upon the certification of delinquency made by the | ||||||
25 | Department of Healthcare and Family Services in accordance with | ||||||
26 | item (5) of subsection (a) of Section 2105-15 of the Department |
| |||||||
| |||||||
1 | of Professional Regulation Law of the Civil Administrative Code | ||||||
2 | of Illinois. | ||||||
3 | (f) All fines or costs imposed under this Section shall be | ||||||
4 | paid within 60 days after the effective date of the order | ||||||
5 | imposing the fine or costs or in accordance with the terms set | ||||||
6 | forth in the order imposing the fine.
| ||||||
7 | (Source: P.A. 97-813, eff. 7-13-12; 98-813, eff. 1-1-15 .)
| ||||||
8 | Section 95. The Illinois Architecture Practice Act of 1989 | ||||||
9 | is amended by changing Section 22 as follows:
| ||||||
10 | (225 ILCS 305/22) (from Ch. 111, par. 1322)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
12 | Sec. 22. Refusal, suspension and revocation of licenses; | ||||||
13 | causes.
| ||||||
14 | (a) The Department may, singularly or in combination, | ||||||
15 | refuse to issue,
renew or restore, or may suspend,
revoke, | ||||||
16 | place on probation, or take other disciplinary or | ||||||
17 | non-disciplinary action as deemed appropriate, including, but | ||||||
18 | not limited to, the imposition of fines not to exceed $10,000 | ||||||
19 | for each violation, as the Department may deem proper, with | ||||||
20 | regard to a license for any one or combination of the following | ||||||
21 | causes:
| ||||||
22 | (1) material misstatement in furnishing information to | ||||||
23 | the Department;
| ||||||
24 | (2) negligence, incompetence or misconduct in the |
| |||||||
| |||||||
1 | practice of
architecture;
| ||||||
2 | (3) failure to comply with any of the provisions of | ||||||
3 | this Act or any of the
rules;
| ||||||
4 | (4) making any misrepresentation for the purpose of | ||||||
5 | obtaining licensure;
| ||||||
6 | (5) purposefully making false statements or signing | ||||||
7 | false statements,
certificates or affidavits to induce | ||||||
8 | payment;
| ||||||
9 | (6) conviction of or plea of guilty or nolo contendere | ||||||
10 | to any crime that is a felony under the laws of the United | ||||||
11 | States or any
state or territory thereof or that is a
| ||||||
12 | misdemeanor, an essential element of which is
dishonesty, | ||||||
13 | or any crime that is directly
related to the practice of | ||||||
14 | the profession of architecture;
| ||||||
15 | (7) aiding or assisting another person in violating any | ||||||
16 | provision of
this Act or its rules;
| ||||||
17 | (8) signing, affixing the architect's seal or | ||||||
18 | permitting the
architect's seal to be affixed to any | ||||||
19 | technical submission not prepared
by the architect or under | ||||||
20 | that architect's responsible control;
| ||||||
21 | (9) engaging in dishonorable, unethical or | ||||||
22 | unprofessional conduct of a
character likely to deceive, | ||||||
23 | defraud or harm the public;
| ||||||
24 | (10) habitual or excessive use or addiction to alcohol, | ||||||
25 | narcotics, stimulants, or any other chemical agent or drug | ||||||
26 | that results in the inability to practice with reasonable |
| |||||||
| |||||||
1 | judgment, skill, or safety;
| ||||||
2 | (11) making a statement of compliance pursuant to the | ||||||
3 | Environmental
Barriers Act that technical submissions | ||||||
4 | prepared by the architect or
prepared under the architect's | ||||||
5 | responsible control for
construction or alteration of an | ||||||
6 | occupancy required to be in compliance with
the | ||||||
7 | Environmental Barriers Act are in compliance with the | ||||||
8 | Environmental
Barriers Act when such technical submissions | ||||||
9 | are not in compliance;
| ||||||
10 | (12) a finding by the Board that an applicant or | ||||||
11 | registrant
has failed to pay a fine imposed by the | ||||||
12 | Department or a
registrant, whose license has been
placed | ||||||
13 | on probationary status, has violated the terms of | ||||||
14 | probation;
| ||||||
15 | (13) discipline by another state, territory, foreign | ||||||
16 | country, the
District of Columbia, the United States | ||||||
17 | government, or any other
governmental agency, if at least | ||||||
18 | one of the grounds for discipline is the
same or | ||||||
19 | substantially equivalent to those set forth herein;
| ||||||
20 | (14) failure to provide information in response to a | ||||||
21 | written request
made by the Department within 30 days after | ||||||
22 | the receipt of such written
request;
| ||||||
23 | (15) physical illness, including, but not limited to, | ||||||
24 | deterioration
through the aging process or loss of motor | ||||||
25 | skill, mental illness, or disability which results in the
| ||||||
26 | inability to practice the profession with reasonable |
| |||||||
| |||||||
1 | judgment, skill, and safety, including without limitation | ||||||
2 | deterioration through the aging process, mental illness, | ||||||
3 | or disability.
| ||||||
4 | (a-5) In enforcing this Section, the Department or Board, | ||||||
5 | upon a showing of a possible violation, may order a licensee or | ||||||
6 | applicant to submit to a mental or physical examination, or | ||||||
7 | both, at the expense of the Department. The Department or Board | ||||||
8 | may order the examining physician to present testimony | ||||||
9 | concerning his or her examination of the licensee or applicant. | ||||||
10 | No information shall be excluded by reason of any common law or | ||||||
11 | statutory privilege relating to communications between the | ||||||
12 | licensee or applicant and the examining physician. The | ||||||
13 | examining physicians shall be specifically designated by the | ||||||
14 | Board or Department. The licensee or applicant may have, at his | ||||||
15 | or her own expense, another physician of his or her choice | ||||||
16 | present during all aspects of the examination. Failure of a | ||||||
17 | licensee or applicant to submit to any such examination when | ||||||
18 | directed, without reasonable cause as defined by rule, shall be | ||||||
19 | grounds for either the immediate suspension of his or her | ||||||
20 | license or immediate denial of his or her application. | ||||||
21 | If the Secretary immediately suspends the license of a | ||||||
22 | licensee for his or her failure to submit to a mental or | ||||||
23 | physical examination when directed, a hearing must be convened | ||||||
24 | by the Department within 15 days after the suspension and | ||||||
25 | completed without appreciable delay. | ||||||
26 | If the Secretary otherwise suspends a license pursuant to |
| |||||||
| |||||||
1 | the results of the licensee's mental or physical examination, a | ||||||
2 | hearing must be convened by the Department within 15 days after | ||||||
3 | the suspension and completed without appreciable delay. The | ||||||
4 | Department and Board shall have the authority to review the | ||||||
5 | licensee's record of treatment and counseling regarding the | ||||||
6 | relevant impairment or impairments to the extent permitted by | ||||||
7 | applicable federal statutes and regulations safeguarding the | ||||||
8 | confidentiality of medical records. | ||||||
9 | Any licensee suspended under this subsection (a-5) shall be | ||||||
10 | afforded an opportunity to demonstrate to the Department or | ||||||
11 | Board that he or she can resume practice in compliance with the | ||||||
12 | acceptable and prevailing standards under the provisions of his | ||||||
13 | or her license.
| ||||||
14 | (b) The determination by a circuit court that a licensee is | ||||||
15 | subject to
involuntary admission or judicial admission, as | ||||||
16 | provided in the Mental
Health and Developmental Disabilities | ||||||
17 | Code, operates as an automatic
suspension. Such suspension will | ||||||
18 | end only upon a finding by a court that
the patient is no | ||||||
19 | longer subject to involuntary admission or judicial
admission, | ||||||
20 | the issuance of an order so finding and discharging the | ||||||
21 | patient, and
the recommendation of the Board to the Secretary | ||||||
22 | that the licensee be
allowed to resume practice.
| ||||||
23 | (c) (Blank) The Department shall deny a license or renewal | ||||||
24 | authorized by this Act to a person who has defaulted on an | ||||||
25 | educational loan or scholarship provided or guaranteed by the | ||||||
26 | Illinois Student Assistance Commission or any governmental |
| |||||||
| |||||||
1 | agency of this State in accordance with subdivision (a)(5) of | ||||||
2 | Section 2105-15 of the Department of Professional Regulation | ||||||
3 | Law of the Civil Administrative Code of Illinois . | ||||||
4 | (d) In cases where the Department of Healthcare and Family | ||||||
5 | Services (formerly the Department of Public Aid) has previously | ||||||
6 | determined that a licensee or a potential licensee is more than | ||||||
7 | 30 days delinquent in the payment of child support and has | ||||||
8 | subsequently certified the delinquency to the Department, the | ||||||
9 | Department shall refuse to issue or renew or shall revoke or | ||||||
10 | suspend that person's license or shall take other disciplinary | ||||||
11 | action against that person based solely upon the certification | ||||||
12 | of delinquency made by the Department of Healthcare and Family | ||||||
13 | Services in accordance with subdivision (a)(5) of Section | ||||||
14 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
15 | Civil Administrative Code of Illinois. | ||||||
16 | (e) The Department shall deny a license or renewal | ||||||
17 | authorized by this Act to a person who has failed to file a | ||||||
18 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
19 | return, or to pay any final assessment of tax, penalty, or | ||||||
20 | interest as required by any tax Act administered by the | ||||||
21 | Department of Revenue, until such time as the requirements of | ||||||
22 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
23 | Section 2105-15 of the Department of Professional Regulation | ||||||
24 | Law of the Civil Administrative Code of Illinois.
| ||||||
25 | (f) Persons who assist the Department as consultants or | ||||||
26 | expert witnesses in
the investigation or prosecution of alleged |
| |||||||
| |||||||
1 | violations of the Act,
licensure matters, restoration | ||||||
2 | proceedings, or criminal prosecutions, shall
not be liable for | ||||||
3 | damages in any civil action or proceeding as a result of
such | ||||||
4 | assistance, except upon proof of actual malice. The attorney | ||||||
5 | general
shall defend such persons in any such action or | ||||||
6 | proceeding.
| ||||||
7 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
8 | Section 100. The Interior Design Title Act is amended by | ||||||
9 | changing Section 13 as follows:
| ||||||
10 | (225 ILCS 310/13) (from Ch. 111, par. 8213)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2022) | ||||||
12 | Sec. 13. Refusal, revocation or suspension of | ||||||
13 | registration. The Department may refuse to issue, renew, or | ||||||
14 | restore or may revoke, suspend,
place on probation, reprimand | ||||||
15 | or take other disciplinary action as the
Department may deem | ||||||
16 | proper, including fines not to exceed $5,000 for
each | ||||||
17 | violation, with regard to any registration for any one or | ||||||
18 | combination
of the following causes:
| ||||||
19 | (a) Fraud in procuring the certificate of | ||||||
20 | registration.
| ||||||
21 | (b) Habitual intoxication or addiction to the use of | ||||||
22 | drugs.
| ||||||
23 | (c) Making any misrepresentations or false promises, | ||||||
24 | directly or
indirectly, to influence, persuade, or induce |
| |||||||
| |||||||
1 | patronage.
| ||||||
2 | (d) Professional connection or association with, or | ||||||
3 | lending his or her name, to
another for illegal use of the | ||||||
4 | title "registered interior designer", or professional | ||||||
5 | connection or association with any person,
firm, or | ||||||
6 | corporation holding itself out in any manner contrary to | ||||||
7 | this Act.
| ||||||
8 | (e) Obtaining or seeking to obtain checks, money, or | ||||||
9 | any other items of
value by false or fraudulent | ||||||
10 | representations.
| ||||||
11 | (f) Use of the title under a name other than his or her | ||||||
12 | own.
| ||||||
13 | (g) Improper, unprofessional, or dishonorable conduct | ||||||
14 | of a character
likely to deceive, defraud, or harm the | ||||||
15 | public.
| ||||||
16 | (h) Conviction in this or another state, or federal | ||||||
17 | court, of any crime
which is a felony, if the Department | ||||||
18 | determines, after investigation, that
such person has not | ||||||
19 | been sufficiently rehabilitated to warrant the public
| ||||||
20 | trust.
| ||||||
21 | (i) A violation of any provision of this Act or its | ||||||
22 | rules.
| ||||||
23 | (j) Revocation by another state, the District of | ||||||
24 | Columbia, territory, or
foreign nation of an interior | ||||||
25 | design or residential interior design
registration if at | ||||||
26 | least one of the
grounds for that revocation is the same as |
| |||||||
| |||||||
1 | or the equivalent of one of the
grounds for revocation set | ||||||
2 | forth in this Act.
| ||||||
3 | (k) Mental incompetence as declared by a court of | ||||||
4 | competent jurisdiction.
| ||||||
5 | (l) Being named as a perpetrator in an indicated report | ||||||
6 | by the
Department of Children and Family Services pursuant | ||||||
7 | to the Abused and
Neglected Child Reporting Act, and upon | ||||||
8 | proof by clear and convincing
evidence that the registrant | ||||||
9 | has caused a child to be an abused child or
neglected child | ||||||
10 | as defined in the Abused and Neglected Child Reporting Act.
| ||||||
11 | The Department shall deny a registration or renewal | ||||||
12 | authorized by
this Act to any person who has defaulted on an | ||||||
13 | educational loan guaranteed
by the Illinois Student Assistance | ||||||
14 | Commission; however, the Department may
issue a certificate of | ||||||
15 | registration or renewal if such person has
established a | ||||||
16 | satisfactory repayment record as determined by the
Illinois | ||||||
17 | Student Assistance Commission.
| ||||||
18 | The Department may refuse to issue or may suspend the | ||||||
19 | registration
of any person who fails to file a return, or to | ||||||
20 | pay the tax, penalty, or
interest showing in a filed return, or | ||||||
21 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
22 | required by any tax Act administered by the
Illinois Department | ||||||
23 | of Revenue, until such time as the requirements of any
such tax | ||||||
24 | Act are satisfied.
| ||||||
25 | The entry of a decree by any circuit court establishing | ||||||
26 | that any person
holding a certificate of registration under |
| |||||||
| |||||||
1 | this Act is a person subject to
involuntary admission under the | ||||||
2 | Mental Health and Developmental Disabilities
Code shall | ||||||
3 | operate as a suspension of that registration. That person may
| ||||||
4 | resume using the title "registered interior designer" only upon | ||||||
5 | a finding by the Board that he or she has been determined to be | ||||||
6 | no
longer subject to involuntary admission by the court and | ||||||
7 | upon the Board's
recommendation to the Director that he or she | ||||||
8 | be permitted to resume using the title
"registered interior | ||||||
9 | designer".
| ||||||
10 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| ||||||
11 | Section 105. The Professional Engineering Practice Act of | ||||||
12 | 1989 is amended by changing Section 24 as follows:
| ||||||
13 | (225 ILCS 325/24) (from Ch. 111, par. 5224)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 24. Rules of professional conduct; disciplinary or
| ||||||
16 | administrative
action. | ||||||
17 | (a) The Department shall adopt rules setting standards of | ||||||
18 | professional
conduct and establish appropriate penalties
for | ||||||
19 | the breach of such rules.
| ||||||
20 | (a-1) The Department may, singularly or in combination,
| ||||||
21 | refuse to issue, renew, or restore a license or may revoke,
| ||||||
22 | suspend, place on probation,
reprimand,
or take other | ||||||
23 | disciplinary or non-disciplinary action with regard to a person | ||||||
24 | licensed under this Act, including but not limited to, the |
| |||||||
| |||||||
1 | imposition of a fine
not to exceed $10,000 per violation upon | ||||||
2 | any person, corporation,
partnership, or professional design | ||||||
3 | firm licensed or registered under
this Act, for any one or | ||||||
4 | combination of the following causes:
| ||||||
5 | (1) Material misstatement in furnishing information to | ||||||
6 | the
Department.
| ||||||
7 | (2) Violations of this Act or any of its
rules.
| ||||||
8 | (3) Conviction of or entry of a plea of guilty or nolo | ||||||
9 | contendere to any crime that is a felony under the laws of | ||||||
10 | the United States or
any state or territory thereof, or | ||||||
11 | that is a
misdemeanor, an essential element of which is | ||||||
12 | dishonesty,
or any crime that is directly related to the | ||||||
13 | practice of engineering.
| ||||||
14 | (4) Making any misrepresentation for the purpose of | ||||||
15 | obtaining, renewing, or restoring a license
or violating | ||||||
16 | any provision of this Act or the rules promulgated under | ||||||
17 | this Act pertaining to advertising.
| ||||||
18 | (5) Willfully making or signing a false statement, | ||||||
19 | certificate, or affidavit to induce payment.
| ||||||
20 | (6) Negligence, incompetence or misconduct in the | ||||||
21 | practice of professional
engineering as a licensed | ||||||
22 | professional engineer or in working as an engineer
intern.
| ||||||
23 | (7) Aiding or assisting another person in violating any | ||||||
24 | provision of
this Act or its rules.
| ||||||
25 | (8) Failing to provide information in response to a | ||||||
26 | written request
made by the Department within 30 days after |
| |||||||
| |||||||
1 | receipt of such written
request.
| ||||||
2 | (9) Engaging in dishonorable, unethical or | ||||||
3 | unprofessional conduct of a
character likely to deceive, | ||||||
4 | defraud or harm the public.
| ||||||
5 | (10) Inability to practice the profession with | ||||||
6 | reasonable judgment, skill, or safety as a result of a | ||||||
7 | physical illness, including, but not limited to, | ||||||
8 | deterioration through the aging process or loss of motor | ||||||
9 | skill, or mental illness or disability.
| ||||||
10 | (11) Discipline by the United States Government, | ||||||
11 | another state,
District of Columbia, territory, foreign | ||||||
12 | nation or government agency, if
at least one of the grounds | ||||||
13 | for the discipline is the same or
substantially equivalent | ||||||
14 | to those set forth in this Act.
| ||||||
15 | (12) Directly or indirectly giving to or receiving from | ||||||
16 | any person,
firm, corporation, partnership or association | ||||||
17 | any fee, commission,
rebate or other form of compensation | ||||||
18 | for any professional services not
actually or personally | ||||||
19 | rendered.
| ||||||
20 | (13) A finding by the Department that
an applicant or | ||||||
21 | registrant has failed to pay a fine imposed
by the | ||||||
22 | Department, a registrant
whose license has been
placed on | ||||||
23 | probationary status has violated the terms of probation, or | ||||||
24 | a
registrant has practiced on an expired, inactive, | ||||||
25 | suspended, or
revoked license.
| ||||||
26 | (14) Signing, affixing the professional engineer's |
| |||||||
| |||||||
1 | seal or permitting
the professional engineer's seal to be | ||||||
2 | affixed to any technical
submissions not prepared as | ||||||
3 | required by Section 14 or completely reviewed by
the | ||||||
4 | professional engineer or under the professional engineer's | ||||||
5 | direct
supervision.
| ||||||
6 | (15) Inability to practice the profession with | ||||||
7 | reasonable judgment, skill or
safety as a result of | ||||||
8 | habitual or excessive use or addiction to alcohol, | ||||||
9 | narcotics, stimulants, or any other chemical agent or drug.
| ||||||
10 | (16) The making of a statement pursuant to the | ||||||
11 | Environmental Barriers
Act that a plan for construction or | ||||||
12 | alteration of a public facility or
for construction of a | ||||||
13 | multi-story housing unit is in compliance with the
| ||||||
14 | Environmental Barriers Act when such plan is not in | ||||||
15 | compliance.
| ||||||
16 | (17) (Blank).
| ||||||
17 | (a-2) The Department shall deny a license or renewal | ||||||
18 | authorized by this Act to a person who has failed to file a | ||||||
19 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
20 | return, or to pay any final assessment of tax, penalty, or | ||||||
21 | interest as required by any tax Act administered by the | ||||||
22 | Department of Revenue, until such time as the requirements of | ||||||
23 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
24 | Section 2105-15 of the Department of Professional Regulation | ||||||
25 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
26 | 2105/2105-15). |
| |||||||
| |||||||
1 | (a-3) (Blank) The Department shall deny a license or | ||||||
2 | renewal authorized by this Act to a person who has defaulted on | ||||||
3 | an educational loan or scholarship provided or guaranteed by | ||||||
4 | the Illinois Student Assistance Commission or any governmental | ||||||
5 | agency of this State in accordance with subdivision (a)(5) of | ||||||
6 | Section 2105-15 of the Department of Professional Regulation | ||||||
7 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
8 | 2105/2105-15) . | ||||||
9 | (a-4) In cases where the Department of Healthcare and | ||||||
10 | Family Services (formerly the Department of Public Aid) has | ||||||
11 | previously determined that a licensee or a potential licensee | ||||||
12 | is more than 30 days delinquent in the payment of child support | ||||||
13 | and has subsequently certified the delinquency to the | ||||||
14 | Department, the Department shall refuse to issue or renew or | ||||||
15 | shall revoke or suspend that person's license or shall take | ||||||
16 | other disciplinary action against that person based solely upon | ||||||
17 | the certification of delinquency made by the Department of | ||||||
18 | Healthcare and Family Services in accordance with subdivision | ||||||
19 | (a)(5) of Section 2105-15 of the Department of Professional | ||||||
20 | Regulation Law of the Civil Administrative Code of Illinois (20 | ||||||
21 | ILCS 2105/2105-15). | ||||||
22 | (a-5) In enforcing this Section, the Department or Board, | ||||||
23 | upon a showing of a possible violation, may order a licensee or | ||||||
24 | applicant to submit to a mental or physical examination, or | ||||||
25 | both, at the expense of the Department. The Department or Board | ||||||
26 | may order the examining physician to present testimony |
| |||||||
| |||||||
1 | concerning his or her examination of the licensee or applicant. | ||||||
2 | No information shall be excluded by reason of any common law or | ||||||
3 | statutory privilege relating to communications between the | ||||||
4 | licensee or applicant and the examining physician. The | ||||||
5 | examining physicians shall be specifically designated by the | ||||||
6 | Board or Department. The licensee or applicant may have, at his | ||||||
7 | or her own expense, another physician of his or her choice | ||||||
8 | present during all aspects of the examination. Failure of a | ||||||
9 | licensee or applicant to submit to any such examination when | ||||||
10 | directed, without reasonable cause as defined by rule, shall be | ||||||
11 | grounds for either the immediate suspension of his or her | ||||||
12 | license or immediate denial of his or her application. | ||||||
13 | If the Secretary immediately suspends the license of a | ||||||
14 | licensee for his or her failure to submit to a mental or | ||||||
15 | physical examination when directed, a hearing must be convened | ||||||
16 | by the Department within 15 days after the suspension and | ||||||
17 | completed without appreciable delay. | ||||||
18 | If the Secretary otherwise suspends a license pursuant to | ||||||
19 | the results of the licensee's mental or physical examination, a | ||||||
20 | hearing must be convened by the Department within 15 days after | ||||||
21 | the suspension and completed without appreciable delay. The | ||||||
22 | Department and Board shall have the authority to review the | ||||||
23 | licensee's record of treatment and counseling regarding the | ||||||
24 | relevant impairment or impairments to the extent permitted by | ||||||
25 | applicable federal statutes and regulations safeguarding the | ||||||
26 | confidentiality of medical records. |
| |||||||
| |||||||
1 | Any licensee suspended under this subsection (a-5) shall be | ||||||
2 | afforded an opportunity to demonstrate to the Department or | ||||||
3 | Board that he or she can resume practice in compliance with the | ||||||
4 | acceptable and prevailing standards under the provisions of his | ||||||
5 | or her license.
| ||||||
6 | (b) The determination by a circuit court that a registrant | ||||||
7 | is subject
to involuntary admission or judicial admission as | ||||||
8 | provided in the Mental
Health and Developmental Disabilities | ||||||
9 | Code, as now or hereafter amended,
operates as an automatic | ||||||
10 | suspension. Such suspension will end only upon
a finding by a | ||||||
11 | court that the patient is no longer subject to
involuntary | ||||||
12 | admission or judicial admission, the issuance of an order
so | ||||||
13 | finding and discharging the patient, and the recommendation of | ||||||
14 | the Board to
the Director that the registrant be allowed to | ||||||
15 | resume practice.
| ||||||
16 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
17 | Section 110. The Illinois Professional Land Surveyor Act of | ||||||
18 | 1989 is amended by changing Section 27 as follows:
| ||||||
19 | (225 ILCS 330/27) (from Ch. 111, par. 3277)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
21 | Sec. 27. Grounds for disciplinary action.
| ||||||
22 | (a) The Department may refuse to
issue or renew a license,
| ||||||
23 | or may place on probation or administrative supervision, | ||||||
24 | suspend, or revoke any license, or may reprimand or take any |
| |||||||
| |||||||
1 | disciplinary or non-disciplinary action as the Department may | ||||||
2 | deem proper, including the imposition of fines not to
exceed | ||||||
3 | $10,000 per violation, upon any person, corporation, | ||||||
4 | partnership, or professional land
surveying firm licensed or | ||||||
5 | registered under this Act for any
of the following reasons:
| ||||||
6 | (1) material misstatement in furnishing information to | ||||||
7 | the Department;
| ||||||
8 | (2) violation, including, but not limited to, neglect | ||||||
9 | or intentional
disregard, of this Act, or its rules;
| ||||||
10 | (3) conviction of, or entry of a plea of guilty or nolo | ||||||
11 | contendere to, any crime that is a felony under the laws of | ||||||
12 | the United States or any state or territory thereof or that | ||||||
13 | is a misdemeanor of which an essential element is | ||||||
14 | dishonesty, or any crime that is directly related to the | ||||||
15 | practice of the profession;
| ||||||
16 | (4) making any misrepresentation for the purpose of | ||||||
17 | obtaining a license,
or in applying for restoration or | ||||||
18 | renewal, or the practice of any fraud or
deceit in taking | ||||||
19 | any examination to qualify for licensure under this Act;
| ||||||
20 | (5) purposefully making false statements or signing | ||||||
21 | false statements,
certificates, or affidavits to induce | ||||||
22 | payment;
| ||||||
23 | (6) proof of carelessness, incompetence, negligence, | ||||||
24 | or misconduct in
practicing land surveying;
| ||||||
25 | (7) aiding or assisting another person in violating any | ||||||
26 | provision of
this Act or its rules;
|
| |||||||
| |||||||
1 | (8) failing to provide information in response to a | ||||||
2 | written request made
by the Department within 30 days after | ||||||
3 | receipt of such written request;
| ||||||
4 | (9) engaging in dishonorable, unethical, or | ||||||
5 | unprofessional conduct of a
character likely to deceive, | ||||||
6 | defraud, or harm the public;
| ||||||
7 | (10) inability to practice with reasonable judgment, | ||||||
8 | skill, or safety as a result of habitual or excessive use | ||||||
9 | of, or addiction to, alcohol, narcotics, stimulants or any | ||||||
10 | other chemical agent or drug;
| ||||||
11 | (11) discipline by the United States government, | ||||||
12 | another state, District
of Columbia, territory, foreign | ||||||
13 | nation or government agency if at least
one of the grounds | ||||||
14 | for the discipline is the same or substantially
equivalent | ||||||
15 | to those set forth in this Act;
| ||||||
16 | (12) directly or indirectly giving to or receiving from | ||||||
17 | any person,
firm, corporation, partnership, or association | ||||||
18 | any fee, commission, rebate,
or other form of compensation | ||||||
19 | for any professional services not actually or
personally | ||||||
20 | rendered;
| ||||||
21 | (12.5) issuing a map or plat of survey where the fee | ||||||
22 | for professional
services is contingent on a real estate | ||||||
23 | transaction closing;
| ||||||
24 | (13) a finding by the Department that an applicant or | ||||||
25 | licensee has failed to
pay
a fine imposed by the Department | ||||||
26 | or a licensee whose license has been
placed on probationary |
| |||||||
| |||||||
1 | status has violated the terms of probation;
| ||||||
2 | (14) practicing on an expired, inactive, suspended, or | ||||||
3 | revoked license;
| ||||||
4 | (15) signing, affixing the Professional Land | ||||||
5 | Surveyor's seal or
permitting the Professional Land | ||||||
6 | Surveyor's seal to be affixed to any map
or plat of survey | ||||||
7 | not prepared by the Professional
Land Surveyor or under the | ||||||
8 | Professional Land Surveyor's direct supervision and
| ||||||
9 | control;
| ||||||
10 | (16)
inability to practice the profession with | ||||||
11 | reasonable judgment, skill, or
safety as a result of | ||||||
12 | physical illness, including, but not limited to, | ||||||
13 | deterioration through the aging process or loss of motor | ||||||
14 | skill or a mental illness or disability;
| ||||||
15 | (17) (blank); or
| ||||||
16 | (18) failure to adequately supervise or control land | ||||||
17 | surveying
operations being performed by subordinates.
| ||||||
18 | (a-5) In enforcing this Section, the Department or Board, | ||||||
19 | upon a showing of a possible violation, may compel a person | ||||||
20 | licensed to practice under this Act, or who has applied for | ||||||
21 | licensure or certification pursuant to this Act, to submit to a | ||||||
22 | mental or physical examination, or both, as required by and at | ||||||
23 | the expense of the Department. The Department or Board may | ||||||
24 | order the examining physician to present testimony concerning | ||||||
25 | the mental or physical examination of the licensee or | ||||||
26 | applicant. No information shall be excluded by reason of any |
| |||||||
| |||||||
1 | common law or statutory privilege relating to communications | ||||||
2 | between the licensee or applicant and the examining physician. | ||||||
3 | The examining physicians shall be specifically designated by | ||||||
4 | the Board or Department. The individual to be examined may | ||||||
5 | have, at his or her own expense, another physician of his or | ||||||
6 | her choice present during all aspects of the examination. | ||||||
7 | Failure of an individual to submit to a mental or physical | ||||||
8 | examination when directed shall be grounds for the immediate | ||||||
9 | suspension of his or her license until the individual submits | ||||||
10 | to the examination if the Department finds that the refusal to | ||||||
11 | submit to the examination was without reasonable cause as | ||||||
12 | defined by rule. | ||||||
13 | If the Secretary immediately suspends the license of a | ||||||
14 | licensee for his or her failure to submit to a mental or | ||||||
15 | physical examination when directed, a hearing must be convened | ||||||
16 | by the Department within 15 days after the suspension and | ||||||
17 | completed without appreciable delay. | ||||||
18 | If the Secretary otherwise suspends a person's license | ||||||
19 | pursuant to the results of a compelled mental or physical | ||||||
20 | examination, a hearing on that person's license must be | ||||||
21 | convened by the Department within 15 days after the suspension | ||||||
22 | and completed without appreciable delay. The Department and | ||||||
23 | Board shall have the authority to review the subject | ||||||
24 | individual's record of treatment and counseling regarding | ||||||
25 | impairment to the extent permitted by applicable federal | ||||||
26 | statutes and regulations safeguarding the confidentiality of |
| |||||||
| |||||||
1 | medical records. | ||||||
2 | Any licensee suspended under this subsection (a-5) shall be | ||||||
3 | afforded an opportunity to demonstrate to the Department or | ||||||
4 | Board that he or she can resume practice in compliance with the | ||||||
5 | acceptable and prevailing standards under the provisions of his | ||||||
6 | or her license.
| ||||||
7 | (b) The determination by a circuit court that a licensee is | ||||||
8 | subject to
involuntary admission or judicial admission as | ||||||
9 | provided in the Mental
Health and Developmental Disabilities | ||||||
10 | Code, as
now or hereafter amended, operates as an automatic | ||||||
11 | license suspension. Such
suspension will end only upon a | ||||||
12 | finding by a court that the patient is no
longer subject to | ||||||
13 | involuntary admission or judicial admission and the
issuance of | ||||||
14 | an order so finding and discharging the patient and upon the
| ||||||
15 | recommendation of the Board to the Director that the licensee | ||||||
16 | be allowed to
resume his or her practice.
| ||||||
17 | (c) (Blank) The Department shall deny a license or renewal | ||||||
18 | authorized by this Act to a person who has defaulted on an | ||||||
19 | educational loan or scholarship provided or guaranteed by the | ||||||
20 | Illinois Student Assistance Commission or any governmental | ||||||
21 | agency of this State in accordance with subdivision (a)(5) of | ||||||
22 | Section 2105-15 of the Department of Professional Regulation | ||||||
23 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
24 | 2105/2105-15) . | ||||||
25 | (d) In cases where the Department of Healthcare and Family | ||||||
26 | Services (formerly the Department of Public Aid) has previously |
| |||||||
| |||||||
1 | determined that a licensee or a potential licensee is more than | ||||||
2 | 30 days delinquent in the payment of child support and has | ||||||
3 | subsequently certified the delinquency to the Department, the | ||||||
4 | Department shall refuse to issue or renew or shall revoke or | ||||||
5 | suspend that person's license or shall take other disciplinary | ||||||
6 | action against that person based solely upon the certification | ||||||
7 | of delinquency made by the Department of Healthcare and Family | ||||||
8 | Services in accordance with subdivision (a)(5) of Section | ||||||
9 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
10 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15). | ||||||
11 | (e) The Department shall refuse to issue or renew or shall | ||||||
12 | revoke or suspend a person's license or shall take other | ||||||
13 | disciplinary action against that person for his or her failure | ||||||
14 | to file a return, to pay the tax, penalty, or interest shown in | ||||||
15 | a filed return, or to pay any final assessment of tax, penalty, | ||||||
16 | or interest as required by any tax Act administered by the | ||||||
17 | Department of Revenue, until such time as the requirements of | ||||||
18 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
19 | Section 2105-15 of the Department of Professional Regulation | ||||||
20 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
21 | 2105/2105-15). | ||||||
22 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
23 | Section 115. The Illinois Roofing Industry Licensing Act is | ||||||
24 | amended by changing Section 9.1 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1) | ||||||
2 | (Section scheduled to be repealed on January 1, 2016) | ||||||
3 | Sec. 9.1. Grounds for disciplinary action. The Department | ||||||
4 | may refuse
to issue or to renew, or may revoke, suspend, place | ||||||
5 | on probation, reprimand
or take other disciplinary or | ||||||
6 | non-disciplinary action as the Department may deem proper,
| ||||||
7 | including fines not to exceed $10,000 for each violation, with | ||||||
8 | regard to any
license for any one or combination of the | ||||||
9 | following causes: | ||||||
10 | (a) violation of this Act or its rules; | ||||||
11 | (b) conviction or plea of guilty or nolo contendere of | ||||||
12 | any crime under the laws of the United States or any state | ||||||
13 | or territory thereof that is (i) a felony or (ii) a | ||||||
14 | misdemeanor, an essential element
of which is dishonesty or | ||||||
15 | that is
directly related to the
practice of the profession; | ||||||
16 | (c) making any misrepresentation for the purpose of | ||||||
17 | obtaining a license; | ||||||
18 | (d) professional incompetence or gross negligence in | ||||||
19 | the practice of
roofing contracting, prima facie evidence | ||||||
20 | of which may be a conviction or judgment in any court of | ||||||
21 | competent jurisdiction against an applicant or licensee | ||||||
22 | relating to the practice of roofing contracting or the | ||||||
23 | construction of a roof or repair thereof that results in | ||||||
24 | leakage within 90 days after the completion of such work; | ||||||
25 | (e) (blank); | ||||||
26 | (f) aiding or assisting another person in violating any |
| |||||||
| |||||||
1 | provision of
this Act or rules; | ||||||
2 | (g) failing, within 60 days, to provide information in | ||||||
3 | response to a
written request made by the Department which | ||||||
4 | has been sent by certified or
registered mail to the | ||||||
5 | licensee's last known address; | ||||||
6 | (h) engaging in dishonorable, unethical, or | ||||||
7 | unprofessional conduct of a
character likely to deceive, | ||||||
8 | defraud, or harm the public; | ||||||
9 | (i) habitual or excessive use or addiction to alcohol, | ||||||
10 | narcotics,
stimulants or any other chemical agent or drug | ||||||
11 | which results in the
inability to practice with reasonable | ||||||
12 | judgment, skill, or safety; | ||||||
13 | (j) discipline by another U.S. jurisdiction or foreign | ||||||
14 | nation, if at
least one of the grounds for the discipline | ||||||
15 | is the same or substantially
equivalent to those set forth | ||||||
16 | in this Section; | ||||||
17 | (k) directly or indirectly giving to or receiving from | ||||||
18 | any person, firm,
corporation, partnership, or association | ||||||
19 | any fee, commission, rebate, or
other form of compensation | ||||||
20 | for any professional services not actually or
personally | ||||||
21 | rendered; | ||||||
22 | (l) 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 | (m) a finding by any court of competent jurisdiction, | ||||||
26 | either within or
without this State, of any violation of |
| |||||||
| |||||||
1 | any law governing the practice of
roofing contracting, if | ||||||
2 | the Department determines, after investigation,
that such | ||||||
3 | person has not been sufficiently rehabilitated to warrant | ||||||
4 | the
public trust; | ||||||
5 | (n) a finding that licensure has been applied for or | ||||||
6 | obtained by
fraudulent means; | ||||||
7 | (o) practicing, attempting to practice, or advertising | ||||||
8 | under
a name
other than the
full name as shown on the | ||||||
9 | license or any other legally authorized name; | ||||||
10 | (p) gross and willful overcharging for professional | ||||||
11 | services including
filing false statements for collection | ||||||
12 | of fees or monies for which services
are not rendered; | ||||||
13 | (q) failure to file a return, or to pay the tax, | ||||||
14 | penalty or interest
shown in a filed return, or to pay any | ||||||
15 | final assessment of tax, penalty or
interest, as required | ||||||
16 | by any tax Act administered by the Illinois
Department of | ||||||
17 | Revenue, until such time as the requirements of any such | ||||||
18 | tax
Act are satisfied; | ||||||
19 | (r) (blank) the Department shall deny any license or | ||||||
20 | renewal under this
Act to any person who has defaulted on | ||||||
21 | an educational loan guaranteed by
the Illinois State | ||||||
22 | Scholarship Commission; however, the Department may
issue | ||||||
23 | a license or renewal if the person in default has | ||||||
24 | established a
satisfactory repayment record as determined | ||||||
25 | by the Illinois State
Scholarship Commission ; | ||||||
26 | (s) failure to continue to meet the requirements of |
| |||||||
| |||||||
1 | this Act shall be
deemed a violation; | ||||||
2 | (t) physical or mental disability, including | ||||||
3 | deterioration through the
aging process or loss of | ||||||
4 | abilities and skills that result in an inability to
| ||||||
5 | practice the profession with reasonable judgment, skill, | ||||||
6 | or safety; | ||||||
7 | (u) material misstatement in furnishing information to | ||||||
8 | the Department or
to
any other State agency; | ||||||
9 | (v) the determination by a court that a licensee is | ||||||
10 | subject to involuntary
admission or judicial admission as | ||||||
11 | provided in the Mental Health and
Developmental | ||||||
12 | Disabilities Code will result in an automatic suspension of | ||||||
13 | his
or her license. The suspension will end upon a finding | ||||||
14 | by a court that the
licensee is no longer subject to | ||||||
15 | involuntary admission or judicial admission,
the issuance | ||||||
16 | of an order so finding and discharging the patient, and the
| ||||||
17 | recommendation of the Board to the Director that the | ||||||
18 | licensee be allowed to
resume professional practice; | ||||||
19 | (w) advertising in any manner that is false, | ||||||
20 | misleading, or deceptive; | ||||||
21 | (x) taking undue advantage of a customer, which results | ||||||
22 | in the perpetration of a fraud; | ||||||
23 | (y) performing any act or practice that is a violation | ||||||
24 | of the Consumer Fraud and Deceptive Business Practices Act; | ||||||
25 | (z) engaging in the practice of roofing contracting, as | ||||||
26 | defined in this Act, with a suspended, revoked, or |
| |||||||
| |||||||
1 | cancelled license; | ||||||
2 | (aa) treating any person differently to the person's | ||||||
3 | detriment because of race, color, creed, gender, age, | ||||||
4 | religion, or national origin; | ||||||
5 | (bb) knowingly making any false statement, oral, | ||||||
6 | written, or otherwise, of a character likely to influence, | ||||||
7 | persuade, or induce others in the course of obtaining or | ||||||
8 | performing roofing contracting services; | ||||||
9 | (cc) violation of any final administrative action of | ||||||
10 | the Secretary;
| ||||||
11 | (dd) allowing the use of his or her roofing license by | ||||||
12 | an unlicensed roofing contractor for the purposes of | ||||||
13 | providing roofing or waterproofing services; or | ||||||
14 | (ee) aiding or assisting another person in violating | ||||||
15 | any provision of this Act or its rules, including, but not | ||||||
16 | limited to, Section 9 of this Act. | ||||||
17 | The changes to this Act made by this amendatory Act of 1997 | ||||||
18 | apply only
to disciplinary actions relating to events occurring | ||||||
19 | after the effective date
of
this amendatory Act of 1997. | ||||||
20 | (Source: P.A. 95-303, eff. 1-1-08; 96-1324, eff. 7-27-10.)
| ||||||
21 | Section 120. The Structural Engineering Practice Act of | ||||||
22 | 1989 is amended by changing Section 20 as follows:
| ||||||
23 | (225 ILCS 340/20) (from Ch. 111, par. 6620)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 20. Refusal; revocation; suspension. | ||||||
2 | (a) The Department may refuse to issue or renew, or may | ||||||
3 | revoke a license, or may suspend, place on probation, fine, or | ||||||
4 | take any disciplinary or non-disciplinary action as the | ||||||
5 | Department may deem proper, including a fine not to exceed | ||||||
6 | $10,000 for each violation, with regard to any licensee for any | ||||||
7 | one or combination of the following reasons:
| ||||||
8 | (1) Material misstatement in furnishing information to | ||||||
9 | the Department;
| ||||||
10 | (2) Negligence, incompetence or misconduct in the | ||||||
11 | practice of
structural engineering;
| ||||||
12 | (3) Making any misrepresentation for the purpose of | ||||||
13 | obtaining licensure;
| ||||||
14 | (4) The affixing of a licensed structural engineer's | ||||||
15 | seal to any plans,
specifications or drawings which have | ||||||
16 | not been prepared by or under the
immediate personal | ||||||
17 | supervision of that licensed structural engineer or
| ||||||
18 | reviewed as provided in this Act;
| ||||||
19 | (5) 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 of any state or territory thereof, or | ||||||
22 | that is a misdemeanor an essential element of which is | ||||||
23 | dishonesty, or any crime that is directly related to the | ||||||
24 | practice of the profession;
| ||||||
25 | (6) Making a statement of compliance pursuant to the | ||||||
26 | Environmental
Barriers Act, as now or hereafter amended, |
| |||||||
| |||||||
1 | that a plan for construction or
alteration of a public | ||||||
2 | facility or for construction of a multi-story
housing unit | ||||||
3 | is in compliance with the Environmental Barriers Act when | ||||||
4 | such
plan is not in compliance;
| ||||||
5 | (7) Failure to comply with any of the provisions of | ||||||
6 | this Act or its rules;
| ||||||
7 | (8) Aiding or assisting another person in violating any | ||||||
8 | provision of
this Act or its rules;
| ||||||
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
rule;
| ||||||
12 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
13 | narcotics, stimulants, or any other chemical agent or drug | ||||||
14 | that results in the inability to practice with reasonable | ||||||
15 | judgment, skill, or safety;
| ||||||
16 | (11) Failure of an applicant or licensee
to pay
a fine | ||||||
17 | imposed by the Department or a licensee whose license has | ||||||
18 | been
placed on probationary status has violated the terms | ||||||
19 | of probation;
| ||||||
20 | (12) Discipline by another state, territory, foreign | ||||||
21 | country, the
District of Columbia, the United States | ||||||
22 | government, or any other
governmental agency, if at least | ||||||
23 | one of the grounds for discipline is the
same or | ||||||
24 | substantially equivalent to those set forth in this | ||||||
25 | Section;
| ||||||
26 | (13) Failure to provide information in response to a |
| |||||||
| |||||||
1 | written request
made by the Department within 30 days after | ||||||
2 | the receipt of such written
request; or
| ||||||
3 | (14) Physical illness, including but not limited to, | ||||||
4 | deterioration through the aging process or loss of motor | ||||||
5 | skill, mental illness, or disability which results in the | ||||||
6 | inability to practice the
profession of structural | ||||||
7 | engineering with reasonable judgment, skill, or
safety.
| ||||||
8 | (a-5) In enforcing this Section, the Department or Board, | ||||||
9 | upon a showing of a possible violation, may order a licensee or | ||||||
10 | applicant to submit to a mental or physical examination, or | ||||||
11 | both, at the expense of the Department. The Department or Board | ||||||
12 | may order the examining physician to present testimony | ||||||
13 | concerning his or her examination of the licensee or applicant. | ||||||
14 | No information shall be excluded by reason of any common law or | ||||||
15 | statutory privilege relating to communications between the | ||||||
16 | licensee or applicant and the examining physician. The | ||||||
17 | examining physicians shall be specifically designated by the | ||||||
18 | Board or Department. The licensee or applicant may have, at his | ||||||
19 | or her own expense, another physician of his or her choice | ||||||
20 | present during all aspects of the examination. Failure of a | ||||||
21 | licensee or applicant to submit to any such examination when | ||||||
22 | directed, without reasonable cause as defined by rule, shall be | ||||||
23 | grounds for either the immediate suspension of his or her | ||||||
24 | license or immediate denial of his or her application. | ||||||
25 | If the Secretary immediately suspends the license of a | ||||||
26 | licensee for his or her failure to submit to a mental or |
| |||||||
| |||||||
1 | physical examination when directed, a hearing must be convened | ||||||
2 | by the Department within 15 days after the suspension and | ||||||
3 | completed without appreciable delay. | ||||||
4 | If the Secretary otherwise suspends a license pursuant to | ||||||
5 | the results of the licensee's mental or physical examination, a | ||||||
6 | hearing must be convened by the Department within 15 days after | ||||||
7 | the suspension and completed without appreciable delay. The | ||||||
8 | Department and Board shall have the authority to review the | ||||||
9 | licensee's record of treatment and counseling regarding the | ||||||
10 | relevant impairment or impairments to the extent permitted by | ||||||
11 | applicable federal statutes and regulations safeguarding the | ||||||
12 | confidentiality of medical records. | ||||||
13 | Any licensee suspended under this subsection (a-5) shall be | ||||||
14 | afforded an opportunity to demonstrate to the Department or | ||||||
15 | Board that he or she can resume practice in compliance with the | ||||||
16 | acceptable and prevailing standards under the provisions of his | ||||||
17 | or her license.
| ||||||
18 | (b) The determination by a circuit court that a licensee is | ||||||
19 | subject to
involuntary admission or judicial admission, as | ||||||
20 | provided in the Mental
Health and Developmental Disabilities | ||||||
21 | Code, operates as an automatic
suspension. Such suspension will | ||||||
22 | end only upon a finding by a court that
the patient is no | ||||||
23 | longer subject to involuntary admission or judicial
admission, | ||||||
24 | the issuance of an order so finding and discharging the | ||||||
25 | patient,
and the recommendation of the Board to the Secretary | ||||||
26 | that
the licensee be allowed to resume practice.
|
| |||||||
| |||||||
1 | (c) (Blank) The Department shall deny a license or renewal | ||||||
2 | authorized by this Act to a person who has defaulted on an | ||||||
3 | educational loan or scholarship provided or guaranteed by the | ||||||
4 | Illinois Student Assistance Commission or any governmental | ||||||
5 | agency of this State in accordance with subdivision (a)(5) of | ||||||
6 | Section 2105-15 of the Department of Professional Regulation | ||||||
7 | Law of the Civil Administrative Code of Illinois . | ||||||
8 | (d) In cases where the Department of Healthcare and Family | ||||||
9 | Services (formerly the Department of Public Aid) has previously | ||||||
10 | determined that a licensee or a potential licensee is more than | ||||||
11 | 30 days delinquent in the payment of child support and has | ||||||
12 | subsequently certified the delinquency to the Department, the | ||||||
13 | Department shall refuse to issue or renew or shall revoke or | ||||||
14 | suspend that person's license or shall take other disciplinary | ||||||
15 | action against that person based solely upon the certification | ||||||
16 | of delinquency made by the Department of Healthcare and Family | ||||||
17 | Services in accordance with subdivision (a)(5) of Section | ||||||
18 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
19 | Civil Administrative Code of Illinois. | ||||||
20 | (e) The Department shall deny a license or renewal | ||||||
21 | authorized by this Act to a person who has failed to file a | ||||||
22 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
23 | return, or to pay any final assessment of tax, penalty, or | ||||||
24 | interest as required by any tax Act administered by the | ||||||
25 | Department of Revenue, until such time as the requirements of | ||||||
26 | the tax Act are satisfied in accordance with subsection (g) of |
| |||||||
| |||||||
1 | Section 2105-15 of the Department of Professional Regulation | ||||||
2 | Law of the Civil Administrative Code of Illinois.
| ||||||
3 | (f) Persons who assist the Department as consultants or | ||||||
4 | expert witnesses in
the investigation or prosecution of alleged | ||||||
5 | violations of the Act,
licensure matters, restoration | ||||||
6 | proceedings, or criminal prosecutions, are
not liable for | ||||||
7 | damages in any civil action or proceeding as a result of
such | ||||||
8 | assistance, except upon proof of actual malice. The Attorney | ||||||
9 | General
of the State of Illinois shall defend such persons in | ||||||
10 | any such action or
proceeding.
| ||||||
11 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
12 | Section 125. The Auction License Act is amended by changing | ||||||
13 | Section 20-20 as follows:
| ||||||
14 | (225 ILCS 407/20-20)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
16 | Sec. 20-20. Termination without hearing for failure to pay | ||||||
17 | taxes or , child
support , or a
student loan . The Department
may | ||||||
18 | terminate or otherwise discipline any license issued
under this | ||||||
19 | Act without
hearing if the appropriate administering agency | ||||||
20 | provides adequate information
and proof that the
licensee has:
| ||||||
21 | (1) failed to file a return, to pay the tax, penalty, | ||||||
22 | or interest shown in
a filed return,
or to pay any final | ||||||
23 | assessment of tax, penalty, or interest, as required by any
| ||||||
24 | tax act administered by
the Illinois Department of Revenue |
| |||||||
| |||||||
1 | until the requirements of the tax act are
satisfied;
| ||||||
2 | (2) failed to pay any court ordered child support as | ||||||
3 | determined by a court
order or by
referral from the | ||||||
4 | Department of Healthcare and Family Services (formerly
| ||||||
5 | Illinois Department of Public Aid); or
| ||||||
6 | (3) (blank) failed to repay any student loan or | ||||||
7 | assistance as determined by the
Illinois Student
| ||||||
8 | Assistance Commission .
| ||||||
9 | If a license is terminated or otherwise disciplined | ||||||
10 | pursuant to this Section,
the licensee may
request a hearing as | ||||||
11 | provided by this Act within 30 days of notice of
termination or | ||||||
12 | discipline.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08 .)
| ||||||
14 | Section 130. The Barber, Cosmetology, Esthetics, Hair | ||||||
15 | Braiding, and Nail
Technology Act of 1985 is amended by | ||||||
16 | changing Section 4-7 as follows:
| ||||||
17 | (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
19 | Sec. 4-7. Refusal, suspension and revocation of licenses; | ||||||
20 | causes;
disciplinary action. | ||||||
21 | (1) The Department may refuse to issue or renew, and
may | ||||||
22 | suspend, revoke, place on probation, reprimand or take any | ||||||
23 | other
disciplinary or non-disciplinary action as the | ||||||
24 | Department may deem proper, including civil
penalties not to |
| |||||||
| |||||||
1 | exceed $500 for each violation, with regard to any
license for | ||||||
2 | any one, or any combination, of
the
following causes:
| ||||||
3 | a. Conviction of any crime
under the laws of the United | ||||||
4 | States or any state or territory thereof that
is (i) a | ||||||
5 | felony, (ii) a misdemeanor, an essential element
of which | ||||||
6 | is dishonesty, or (iii) a crime which is related to the | ||||||
7 | practice of
the profession.
| ||||||
8 | b. Conviction of any of the violations listed in
| ||||||
9 | Section 4-20.
| ||||||
10 | c. Material misstatement in furnishing information to | ||||||
11 | the Department.
| ||||||
12 | d. Making any misrepresentation for the purpose of | ||||||
13 | obtaining
a license or violating any provision of this Act | ||||||
14 | or its rules.
| ||||||
15 | e. Aiding or assisting another person in violating any | ||||||
16 | provision of this
Act or its rules.
| ||||||
17 | f. Failing, within 60 days, to provide information in | ||||||
18 | response to a
written request made by the Department.
| ||||||
19 | g. Discipline by another state, territory, or country | ||||||
20 | if at least one of
the grounds for the discipline is the | ||||||
21 | same as or substantially equivalent to
those set forth in | ||||||
22 | this Act.
| ||||||
23 | h. Practice in the barber, nail technology, esthetics, | ||||||
24 | hair braiding, or
cosmetology profession, or an attempt to | ||||||
25 | practice in those professions, by
fraudulent | ||||||
26 | misrepresentation.
|
| |||||||
| |||||||
1 | i. Gross malpractice or gross incompetency.
| ||||||
2 | j. Continued practice by a person knowingly having an
| ||||||
3 | infectious
or contagious disease.
| ||||||
4 | k. Solicitation of professional services by using | ||||||
5 | false or
misleading advertising.
| ||||||
6 | l. A finding by the Department that the licensee, after | ||||||
7 | having his or
her license placed on probationary status, | ||||||
8 | has violated the terms of
probation.
| ||||||
9 | m. Directly or indirectly giving to or receiving from | ||||||
10 | any person, firm,
corporation, partnership or association | ||||||
11 | any fee, commission, rebate, or other
form of compensation | ||||||
12 | for any professional services not actually or personally
| ||||||
13 | rendered.
| ||||||
14 | n. Violating any of the provisions of this Act or rules | ||||||
15 | adopted
pursuant to this Act.
| ||||||
16 | o. Willfully making or filing false records or reports | ||||||
17 | relating to a
licensee's practice, including but not | ||||||
18 | limited to, false records filed with
State agencies or | ||||||
19 | departments.
| ||||||
20 | p. Habitual or excessive use
addiction to alcohol, | ||||||
21 | narcotics, stimulants, or any other chemical agent or
drug | ||||||
22 | that results in the inability to practice with reasonable | ||||||
23 | judgment, skill
or safety.
| ||||||
24 | q. Engaging in dishonorable, unethical or | ||||||
25 | unprofessional conduct of a character likely to deceive,
| ||||||
26 | defraud, or harm the public as may be defined by rules of |
| |||||||
| |||||||
1 | the Department, or
violating
the rules of professional | ||||||
2 | conduct which may be adopted by the Department.
| ||||||
3 | r. Permitting any person to use for any unlawful or | ||||||
4 | fraudulent
purpose one's diploma or license or certificate | ||||||
5 | of registration as a
cosmetologist, nail technician, | ||||||
6 | esthetician, hair braider, or barber or cosmetology,
nail | ||||||
7 | technology, esthetics, hair braiding, or barber teacher or | ||||||
8 | salon or shop or
cosmetology clinic teacher.
| ||||||
9 | s. Being named as a perpetrator in an indicated report | ||||||
10 | by the Department
of Children and Family Services under the | ||||||
11 | Abused and Neglected Child Reporting
Act and upon proof by | ||||||
12 | clear and convincing evidence that the licensee has
caused | ||||||
13 | a child to be an abused child or neglected child as defined | ||||||
14 | in the
Abused and Neglected Child Reporting Act.
| ||||||
15 | (2) In rendering an order, the Secretary shall take into
| ||||||
16 | consideration the facts and circumstances involving the type of | ||||||
17 | acts
or omissions in paragraph (1) of this Section including, | ||||||
18 | but not limited to:
| ||||||
19 | (a) the extent to which public confidence in the | ||||||
20 | cosmetology, nail
technology, esthetics, hair braiding, or | ||||||
21 | barbering profession was, might have been, or may be,
| ||||||
22 | injured;
| ||||||
23 | (b) the degree of trust and dependence among the | ||||||
24 | involved parties;
| ||||||
25 | (c) the character and degree of harm which did result | ||||||
26 | or might
have resulted;
|
| |||||||
| |||||||
1 | (d) the intent or mental state of the licensee at the
| ||||||
2 | time of the acts or omissions.
| ||||||
3 | (3) The Department shall reissue the license or | ||||||
4 | registration upon
certification by the Board that the | ||||||
5 | disciplined licensee or registrant
has complied with all of the | ||||||
6 | terms and conditions set forth in the final
order or has been | ||||||
7 | sufficiently rehabilitated to warrant the public trust.
| ||||||
8 | (4) The Department shall refuse to issue or renew or | ||||||
9 | suspend without hearing the license or
certificate of | ||||||
10 | registration
of any person who fails to file a return, or to | ||||||
11 | pay the tax, penalty or
interest shown in a filed return, or to | ||||||
12 | pay any final assessment of tax,
penalty or interest, as | ||||||
13 | required by any tax Act administered by the
Illinois Department | ||||||
14 | of Revenue, until such time as the requirements of any
such tax | ||||||
15 | Act are satisfied as determined by the Department of Revenue.
| ||||||
16 | (5) (Blank) The Department shall deny without hearing any | ||||||
17 | application for a
license or renewal of a license under this | ||||||
18 | Act by a person who has defaulted on
an educational loan | ||||||
19 | guaranteed by the Illinois Student Assistance Commission;
| ||||||
20 | however, the Department may issue or renew a license if the | ||||||
21 | person in default
has established a satisfactory repayment | ||||||
22 | record as determined by the Illinois
Student Assistance | ||||||
23 | Commission .
| ||||||
24 | (6) All fines imposed under this Section shall be paid | ||||||
25 | within 60 days after the effective date of the order imposing | ||||||
26 | the fine or in accordance with the terms set forth in the order |
| |||||||
| |||||||
1 | imposing the fine. | ||||||
2 | (Source: P.A. 98-911, eff. 1-1-15 .)
| ||||||
3 | Section 135. The Electrologist Licensing Act is amended by | ||||||
4 | changing Section 75 as follows:
| ||||||
5 | (225 ILCS 412/75)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
7 | Sec. 75. Grounds for discipline.
| ||||||
8 | (a) The Department may refuse to issue or renew and may
| ||||||
9 | revoke or suspend a license under this Act, and may place on | ||||||
10 | probation,
reprimand, or take other
disciplinary or | ||||||
11 | non-disciplinary action with regard to any licensee
under this | ||||||
12 | Act, as the
Department may consider appropriate, including | ||||||
13 | imposing fines not to exceed $10,000
for each violation and | ||||||
14 | assess costs as provided for under Section 95 of this Act, for | ||||||
15 | one or any combination of the following causes:
| ||||||
16 | (1) Material misstatement in furnishing information to | ||||||
17 | the Department.
| ||||||
18 | (2) Violation of this Act or rules adopted under this | ||||||
19 | Act.
| ||||||
20 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
21 | finding of guilt, jury verdict, or entry of judgment or | ||||||
22 | sentencing, including, but not limited to, convictions, | ||||||
23 | preceding sentences of supervision, conditional discharge, | ||||||
24 | or first offender probation, under the laws of any |
| |||||||
| |||||||
1 | jurisdiction of the United States that is (i) a felony or | ||||||
2 | (ii) a misdemeanor, an essential element of which is | ||||||
3 | dishonesty, or that is directly related to the practice of | ||||||
4 | electrology.
| ||||||
5 | (4) 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 | (5) Aiding or assisting another person in violating any | ||||||
9 | provision of
this Act or its rules.
| ||||||
10 | (6) Failing to provide information within 60 days in | ||||||
11 | response to a
written request made by the Department.
| ||||||
12 | (7) Engaging in dishonorable, unethical, or | ||||||
13 | unprofessional conduct of a
character likely to deceive, | ||||||
14 | defraud, or harm the public.
| ||||||
15 | (8) Habitual or excessive use or abuse of drugs defined | ||||||
16 | in law as controlled substances, alcohol, or any other | ||||||
17 | substance that results in an
electrologist's
inability to | ||||||
18 | practice with reasonable judgment, skill, or safety.
| ||||||
19 | (9) Discipline by another governmental agency, unit of | ||||||
20 | government, U.S. jurisdiction, or foreign nation if at
| ||||||
21 | least one of the grounds for discipline is the same as or | ||||||
22 | substantially
equivalent to any of those set forth in this | ||||||
23 | Act.
| ||||||
24 | (10) 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 |
| |||||||
| |||||||
1 | for any professional services not
actually or personally | ||||||
2 | rendered. Nothing in this paragraph (10) affects any bona | ||||||
3 | fide independent contractor or employment arrangements | ||||||
4 | among health care professionals, health facilities, health | ||||||
5 | care providers, or other entities, except as otherwise | ||||||
6 | prohibited by law. Any employment arrangements with health | ||||||
7 | care providers may include provisions for compensation, | ||||||
8 | health insurance, pension, or other employment benefits | ||||||
9 | for the provision of services within the scope of the | ||||||
10 | licensee's practice under this Act. Nothing in this | ||||||
11 | paragraph (10) shall be construed to require an employment | ||||||
12 | arrangement to receive professional fees for services | ||||||
13 | rendered.
| ||||||
14 | (11) A finding by the Department that the licensee, | ||||||
15 | after having his or
her
license placed on probationary | ||||||
16 | status, has violated the terms of probation.
| ||||||
17 | (12) Abandonment of a patient.
| ||||||
18 | (13) Willfully making or filing false records or | ||||||
19 | reports in the
licensee's practice, including, but not | ||||||
20 | limited to, false records filed
with State agencies or
| ||||||
21 | departments.
| ||||||
22 | (14) Mental or physical illness or disability, | ||||||
23 | including, but not limited to, deterioration
through the | ||||||
24 | aging process or loss of motor skill that results in the
| ||||||
25 | inability to practice the profession with reasonable | ||||||
26 | judgment, skill,
or safety.
|
| |||||||
| |||||||
1 | (15) Negligence in his or her practice under this Act.
| ||||||
2 | (16) Use of fraud, deception, or any unlawful means in | ||||||
3 | applying for
and securing a license as an electrologist.
| ||||||
4 | (17) 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 | (18) Failure to comply with standards of sterilization | ||||||
8 | and sanitation as
defined in the rules of the Department.
| ||||||
9 | (19) Charging for professional services not rendered, | ||||||
10 | including filing false statements for the collection of | ||||||
11 | fees for which services are not rendered. | ||||||
12 | (20) Allowing one's license under this Act to be used | ||||||
13 | by an unlicensed person in
violation of this Act. | ||||||
14 | (b) The Department may refuse to issue or renew or may | ||||||
15 | suspend without hearing the
license of any person who fails to | ||||||
16 | file a return, to pay the tax, penalty or
interest
shown in a | ||||||
17 | filed return, or to pay any final assessment of the tax, | ||||||
18 | penalty, or
interest as required by any tax Act administered by | ||||||
19 | the Illinois Department
of Revenue until the requirements of | ||||||
20 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
21 | Section 2105-15 of the Department of
Professional Regulation | ||||||
22 | Law of the Civil Administrative Code of Illinois.
| ||||||
23 | (c) The determination by a circuit court that a licensee is | ||||||
24 | subject to
involuntary admission or judicial admission as | ||||||
25 | provided in the Mental
Health and Developmental Disabilities | ||||||
26 | Code
operates as an automatic suspension. The
suspension will |
| |||||||
| |||||||
1 | end only upon a finding by a court that the patient is no
| ||||||
2 | longer subject to involuntary admission or judicial admission, | ||||||
3 | the issuance of
an
order so finding and discharging the | ||||||
4 | patient, and the filing of a petition for restoration | ||||||
5 | demonstrating fitness to practice.
| ||||||
6 | (d) In enforcing this Section, the Department, upon a | ||||||
7 | showing of a possible
violation, may compel any individual who | ||||||
8 | is licensed to practice under this Act or any individual who | ||||||
9 | has applied for licensure to submit to a mental or physical | ||||||
10 | examination and evaluation, or both, that may include a | ||||||
11 | substance abuse or sexual offender evaluation, at the expense | ||||||
12 | of the Department. The Department shall specifically designate | ||||||
13 | the examining physician licensed to practice medicine in all of | ||||||
14 | its branches or, if applicable, the multidisciplinary team | ||||||
15 | involved in providing the mental or physical examination and | ||||||
16 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
17 | a physician licensed to practice medicine in all of its | ||||||
18 | branches and may consist of one or more or a combination of | ||||||
19 | physicians licensed to practice medicine in all of its | ||||||
20 | branches, licensed chiropractic physicians, licensed clinical | ||||||
21 | psychologists, licensed clinical social workers, licensed | ||||||
22 | clinical professional counselors, and other professional and | ||||||
23 | administrative staff. Any examining physician or member of the | ||||||
24 | multidisciplinary team may require any person ordered to submit | ||||||
25 | to an examination and evaluation pursuant to this Section to | ||||||
26 | submit to any additional supplemental testing deemed necessary |
| |||||||
| |||||||
1 | to complete any examination or evaluation process, including, | ||||||
2 | but not limited to, blood testing, urinalysis, psychological | ||||||
3 | testing, or neuropsychological testing.
| ||||||
4 | The Department may order the examining physician or any | ||||||
5 | member of the multidisciplinary team to provide to the | ||||||
6 | Department any and all records, including business records, | ||||||
7 | that relate to the examination and evaluation, including any | ||||||
8 | supplemental testing performed. The Department may order the | ||||||
9 | examining physician or any member of the multidisciplinary team | ||||||
10 | to present testimony concerning this examination and | ||||||
11 | evaluation of the licensee, permit holder, or applicant, | ||||||
12 | including testimony concerning any supplemental testing or | ||||||
13 | documents relating to the examination and evaluation. No | ||||||
14 | information, report, record, or other documents in any way | ||||||
15 | related to the examination and evaluation shall be excluded by | ||||||
16 | reason of any common law or statutory privilege relating to | ||||||
17 | communication between the licensee or applicant and the | ||||||
18 | examining physician or any member of the multidisciplinary | ||||||
19 | team. No authorization is necessary from the licensee or | ||||||
20 | applicant ordered to undergo an evaluation and examination for | ||||||
21 | the examining physician or any member of the multidisciplinary | ||||||
22 | team to provide information, reports, records, or other | ||||||
23 | documents or to provide any testimony regarding the examination | ||||||
24 | and evaluation. The individual to be examined may have, at his | ||||||
25 | or her own expense, another physician of his or her choice | ||||||
26 | present during all aspects of the examination. |
| |||||||
| |||||||
1 | Failure of any individual to submit to mental or physical | ||||||
2 | examination and evaluation, or both, when directed, shall | ||||||
3 | result in an automatic suspension without hearing, until such | ||||||
4 | time as the individual submits to the examination. If the | ||||||
5 | Department finds a licensee unable to practice because of the | ||||||
6 | reasons set forth in this Section, the Department shall require | ||||||
7 | the licensee to submit to care, counseling, or treatment by | ||||||
8 | physicians approved or designated by the Department as a | ||||||
9 | condition for continued, reinstated, or renewed licensure to | ||||||
10 | practice. | ||||||
11 | When the Secretary immediately suspends a license under | ||||||
12 | this Section, a hearing upon the person's license must be | ||||||
13 | convened by the Department within 15 days after the suspension | ||||||
14 | and completed without appreciable delay. The Department shall | ||||||
15 | have the authority to review the licensee's record of treatment | ||||||
16 | and counseling regarding the impairment to the extent permitted | ||||||
17 | by applicable federal statutes and regulations safeguarding | ||||||
18 | the confidentiality of medical records. | ||||||
19 | Individuals licensed under this Act affected under this | ||||||
20 | Section shall be afforded an opportunity to demonstrate to the | ||||||
21 | Department that they can resume practice in compliance with | ||||||
22 | acceptable and prevailing standards under the provisions of | ||||||
23 | their license. | ||||||
24 | (e) (Blank) The Department shall deny a license or renewal | ||||||
25 | authorized by this Act to a person who has defaulted on an | ||||||
26 | educational loan or scholarship provided or guaranteed by the |
| |||||||
| |||||||
1 | Illinois Student Assistance Commission or any governmental | ||||||
2 | agency of this State in accordance with item (5) of subsection | ||||||
3 | (a) of Section 2105-15 of the Department of
Professional | ||||||
4 | Regulation Law of the Civil Administrative Code of Illinois . | ||||||
5 | (f) In cases where the Department of Healthcare and Family | ||||||
6 | Services has previously determined a licensee or a potential | ||||||
7 | licensee is more than 30 days delinquent in the payment of | ||||||
8 | child support and has subsequently certified the delinquency to | ||||||
9 | the Department, the Department may refuse to issue or renew or | ||||||
10 | may revoke or suspend that person's license or may take other | ||||||
11 | disciplinary action against that person based solely upon the | ||||||
12 | certification of delinquency made by the Department of | ||||||
13 | Healthcare and Family Services in accordance with item (5) of | ||||||
14 | subsection (a) of Section 2105-15 of the Department of | ||||||
15 | Professional Regulation Law of the Civil Administrative Code of | ||||||
16 | Illinois. | ||||||
17 | (g) All fines or costs imposed under this Section shall be | ||||||
18 | paid within 60 days after the effective date of the order | ||||||
19 | imposing the fine or costs or in accordance with the terms set | ||||||
20 | forth in the order imposing the fine.
| ||||||
21 | (Source: P.A. 98-363, eff. 8-16-13.)
| ||||||
22 | Section 140. The Illinois Certified Shorthand Reporters | ||||||
23 | Act of 1984 is amended by changing Section 23 as follows:
| ||||||
24 | (225 ILCS 415/23) (from Ch. 111, par. 6223)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
2 | Sec. 23. Grounds for disciplinary action.
| ||||||
3 | (a) The Department may refuse to issue or renew, or may | ||||||
4 | revoke,
suspend, place on probation, reprimand or take other | ||||||
5 | disciplinary
or non-disciplinary action as the Department may | ||||||
6 | deem appropriate, including imposing fines not to
exceed | ||||||
7 | $10,000 for each violation and the assessment of costs as | ||||||
8 | provided for in Section 23.3 of this Act, with regard to any | ||||||
9 | license for any one
or combination of the following:
| ||||||
10 | (1) Material misstatement in furnishing information to | ||||||
11 | the Department;
| ||||||
12 | (2) Violations of this Act, or of the rules promulgated | ||||||
13 | thereunder;
| ||||||
14 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
15 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
16 | sentencing of any crime, including, but not limited to, | ||||||
17 | convictions, preceding sentences of supervision, | ||||||
18 | conditional discharge, or first offender probation under | ||||||
19 | the laws of any jurisdiction of the United States: (i) that | ||||||
20 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
21 | element of which is dishonesty, or that is directly related | ||||||
22 | to the practice of the profession;
| ||||||
23 | (4) Fraud or any misrepresentation in applying for or | ||||||
24 | procuring a license under this Act or in connection with | ||||||
25 | applying for renewal of a license under this Act;
| ||||||
26 | (5) Professional incompetence;
|
| |||||||
| |||||||
1 | (6) Aiding or assisting another person, firm, | ||||||
2 | partnership or corporation
in violating any provision of | ||||||
3 | this Act or rules;
| ||||||
4 | (7) Failing, within 60 days, to provide information in | ||||||
5 | response to a
written request made by the Department;
| ||||||
6 | (8) Engaging in dishonorable, unethical or | ||||||
7 | unprofessional conduct of a
character likely to deceive, | ||||||
8 | defraud or harm the public;
| ||||||
9 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
10 | in law as controlled substances, alcohol, or any other | ||||||
11 | substances that results in the inability to practice with | ||||||
12 | reasonable judgment, skill, or safety;
| ||||||
13 | (10) Discipline by another state, unit of government, | ||||||
14 | government agency, the District of Columbia, a territory,
| ||||||
15 | or foreign nation, if at least one of the grounds for the | ||||||
16 | discipline is
the same or substantially equivalent to those | ||||||
17 | set forth herein;
| ||||||
18 | (11) Charging for professional services not rendered, | ||||||
19 | including filing false statements for the collection of | ||||||
20 | fees for which services were not rendered, or giving, | ||||||
21 | directly or indirectly, any gift or anything of value to | ||||||
22 | attorneys or their staff or any other persons or entities | ||||||
23 | associated with any litigation, that exceeds $100 total per | ||||||
24 | year; for the purposes of this Section, pro bono services, | ||||||
25 | as defined by State law, are permissible in any amount;
| ||||||
26 | (12) A finding by the Board that the certificate |
| |||||||
| |||||||
1 | holder, after having
his certificate placed on | ||||||
2 | probationary status, has violated the terms of
probation;
| ||||||
3 | (13) Willfully making or filing false records or | ||||||
4 | reports in the practice
of shorthand reporting, including | ||||||
5 | but not limited to false records filed
with State agencies | ||||||
6 | or departments;
| ||||||
7 | (14) Physical illness, including but not limited to, | ||||||
8 | deterioration through
the aging process, or loss of motor | ||||||
9 | skill which results in the inability
to practice under this | ||||||
10 | Act with reasonable judgment, skill or safety;
| ||||||
11 | (15) Solicitation of professional services other than | ||||||
12 | by permitted
advertising;
| ||||||
13 | (16) Willful failure to take full and accurate | ||||||
14 | stenographic notes of
any proceeding;
| ||||||
15 | (17) Willful alteration of any stenographic notes | ||||||
16 | taken at any proceeding;
| ||||||
17 | (18) Willful failure to accurately transcribe verbatim | ||||||
18 | any stenographic
notes taken at any proceeding;
| ||||||
19 | (19) Willful alteration of a transcript of | ||||||
20 | stenographic notes taken at
any proceeding;
| ||||||
21 | (20) Affixing one's signature to any transcript of his | ||||||
22 | stenographic notes
or certifying to its correctness unless | ||||||
23 | the transcript has been prepared
by him or under his | ||||||
24 | immediate supervision;
| ||||||
25 | (21) Willful failure to systematically retain | ||||||
26 | stenographic notes or transcripts on paper or any |
| |||||||
| |||||||
1 | electronic media for 10 years
from the date that the notes | ||||||
2 | or transcripts were taken;
| ||||||
3 | (22) Failure to deliver transcripts in a timely manner | ||||||
4 | or in accordance
with contractual agreements;
| ||||||
5 | (23) Establishing contingent fees as a basis of | ||||||
6 | compensation;
| ||||||
7 | (24) Mental illness or disability that results in the | ||||||
8 | inability to practice under this Act with reasonable | ||||||
9 | judgment, skill, or safety; | ||||||
10 | (25) Practicing under a false or assumed name, except | ||||||
11 | as provided by law; | ||||||
12 | (26) Cheating on or attempting to subvert the licensing | ||||||
13 | examination administered under this Act; | ||||||
14 | (27) Allowing one's license under this Act to be used | ||||||
15 | by an unlicensed person in violation of this Act. | ||||||
16 | All fines imposed under this Section shall be paid within | ||||||
17 | 60 days after the effective date of the order imposing the fine | ||||||
18 | or in accordance with the terms set forth in the order imposing | ||||||
19 | the fine. | ||||||
20 | (b) The determination by a circuit court that a certificate | ||||||
21 | holder is
subject to involuntary admission or judicial | ||||||
22 | admission as provided in the
Mental Health and Developmental | ||||||
23 | Disabilities Code, operates as an automatic
suspension. Such | ||||||
24 | suspension will end only upon a
finding by a court that the | ||||||
25 | patient is no longer subject to involuntary
admission or | ||||||
26 | judicial admission, an order by the court so finding and
|
| |||||||
| |||||||
1 | discharging the patient. In any case where a license is | ||||||
2 | suspended under this Section, the licensee may file a petition | ||||||
3 | for restoration and shall include evidence acceptable to the | ||||||
4 | Department that the licensee can resume practice in compliance | ||||||
5 | with acceptable and prevailing standards of the profession.
| ||||||
6 | (c) In cases where the Department of Healthcare and Family | ||||||
7 | Services has previously determined a licensee or a potential | ||||||
8 | licensee is more than 30 days delinquent in the payment of | ||||||
9 | child support and has subsequently certified the delinquency to | ||||||
10 | the Department, the Department may refuse to issue or renew or | ||||||
11 | may revoke or suspend that person's license or may take other | ||||||
12 | disciplinary action against that person based solely upon the | ||||||
13 | certification of delinquency made by the Department of | ||||||
14 | Healthcare and Family Services in accordance with item (5) of | ||||||
15 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
16 | Code of Illinois. | ||||||
17 | (d) In enforcing this Section, the Department, upon a | ||||||
18 | showing of a possible violation, may compel any individual who | ||||||
19 | is certified under this Act or any individual who has applied | ||||||
20 | for certification under this Act to submit to a mental or | ||||||
21 | physical examination and evaluation, or both, which may include | ||||||
22 | a substance abuse or sexual offender evaluation, at the expense | ||||||
23 | of the Department. The Department shall specifically designate | ||||||
24 | the examining physician licensed to practice medicine in all of | ||||||
25 | its branches or, if applicable, the multidisciplinary team | ||||||
26 | involved in providing the mental or physical examination and |
| |||||||
| |||||||
1 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
2 | a physician licensed to practice medicine in all of its | ||||||
3 | branches and may consist of one or more or a combination of | ||||||
4 | physicians licensed to practice medicine in all of its | ||||||
5 | branches, licensed chiropractic physicians, licensed clinical | ||||||
6 | psychologists, licensed clinical social workers, licensed | ||||||
7 | clinical professional counselors, and other professional and | ||||||
8 | administrative staff. Any examining physician or member of the | ||||||
9 | multidisciplinary team may require any person ordered to submit | ||||||
10 | to an examination and evaluation pursuant to this Section to | ||||||
11 | submit to any additional supplemental testing deemed necessary | ||||||
12 | to complete any examination or evaluation process, including, | ||||||
13 | but not limited to, blood testing, urinalysis, psychological | ||||||
14 | testing, or neuropsychological testing. | ||||||
15 | The Department may order the examining physician or any | ||||||
16 | member of the multidisciplinary team to provide to the | ||||||
17 | Department any and all records, including business records, | ||||||
18 | that relate to the examination and evaluation, including any | ||||||
19 | supplemental testing performed. The Department may order the | ||||||
20 | examining physician or any member of the multidisciplinary team | ||||||
21 | to present testimony concerning this examination and | ||||||
22 | evaluation of the certified shorthand reporter or applicant, | ||||||
23 | including testimony concerning any supplemental testing or | ||||||
24 | documents relating to the examination and evaluation. No | ||||||
25 | information, report, record, or other documents in any way | ||||||
26 | related to the examination and evaluation shall be excluded by |
| |||||||
| |||||||
1 | reason of any common law or statutory privilege relating to | ||||||
2 | communication between the licensee or applicant and the | ||||||
3 | examining physician or any member of the multidisciplinary | ||||||
4 | team. No authorization is necessary from the certified | ||||||
5 | shorthand reporter or applicant ordered to undergo an | ||||||
6 | evaluation and examination for the examining physician or any | ||||||
7 | member of the multidisciplinary team to provide information, | ||||||
8 | reports, records, or other documents or to provide any | ||||||
9 | testimony regarding the examination and evaluation. The | ||||||
10 | individual to be examined may have, at his or her own expense, | ||||||
11 | another physician of his or her choice present during all | ||||||
12 | aspects of the examination. | ||||||
13 | Failure of any individual to submit to mental or physical | ||||||
14 | examination and evaluation, or both, when directed, shall | ||||||
15 | result in an automatic suspension, without hearing, until such | ||||||
16 | time as the individual submits to the examination. If the | ||||||
17 | Department finds a certified shorthand reporter unable to | ||||||
18 | practice because of the reasons set forth in this Section, the | ||||||
19 | Department shall require the certified shorthand reporter to | ||||||
20 | submit to care, counseling, or treatment by physicians approved | ||||||
21 | or designated by the Department, as a condition for continued, | ||||||
22 | reinstated, or renewed certification. | ||||||
23 | When the Secretary immediately suspends a certificate | ||||||
24 | under this Section, a hearing upon the person's certificate | ||||||
25 | must be convened by the Department within 15 days after the | ||||||
26 | suspension and completed without appreciable delay. The |
| |||||||
| |||||||
1 | Department shall have the authority to review the certified | ||||||
2 | shorthand reporter's record of treatment and counseling | ||||||
3 | regarding the impairment, to the extent permitted by applicable | ||||||
4 | federal statutes and regulations safeguarding the | ||||||
5 | confidentiality of medical records. | ||||||
6 | Individuals certified under this Act, affected under this | ||||||
7 | Section, shall be afforded an opportunity to demonstrate to the | ||||||
8 | Department that they can resume practice in compliance with | ||||||
9 | acceptable and prevailing standards under the provisions of | ||||||
10 | their certification. | ||||||
11 | (e) (Blank) The Department shall deny a license or renewal | ||||||
12 | authorized by this Act to a person who has defaulted on an | ||||||
13 | educational loan or scholarship provided or guaranteed by the | ||||||
14 | Illinois Student Assistance Commission or any governmental | ||||||
15 | agency of this State in accordance with item (5) of subsection | ||||||
16 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
17 | Illinois . | ||||||
18 | (f) The Department may refuse to issue or may suspend | ||||||
19 | without hearing, as provided for in the Code of Civil | ||||||
20 | Procedure, the license of any person who fails to file a | ||||||
21 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
22 | return, or to pay any final assessment of tax, penalty, or | ||||||
23 | interest as required by any tax Act administered by the | ||||||
24 | Illinois Department of Revenue, until such time as the | ||||||
25 | requirements of any such tax Act are satisfied in accordance | ||||||
26 | with subsection (g) of Section 2105-15 of the Civil |
| |||||||
| |||||||
1 | Administrative Code of Illinois. | ||||||
2 | (Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
| ||||||
3 | Section 145. The Collection Agency Act is amended by | ||||||
4 | changing Section 9 as follows:
| ||||||
5 | (225 ILCS 425/9) (from Ch. 111, par. 2012)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 9. (a) The Department may refuse to issue or renew, or | ||||||
8 | may
revoke, suspend, place on probation, reprimand or take | ||||||
9 | other disciplinary
action as the Department may deem proper, | ||||||
10 | including fines not to exceed
$5,000 for a first violation and | ||||||
11 | not to exceed $10,000 for a second or subsequent violation, for | ||||||
12 | any one or any combination of the
following causes:
| ||||||
13 | (1) Violations of this Act or of the rules promulgated | ||||||
14 | hereunder.
| ||||||
15 | (2) Conviction of the collection agency or the | ||||||
16 | principals of the agency
of any crime under the laws of any | ||||||
17 | U.S. jurisdiction which is a felony, a
misdemeanor an | ||||||
18 | essential element of which is dishonesty, or of any crime
| ||||||
19 | which directly relates to the practice of the profession.
| ||||||
20 | (3) Making any misrepresentation for the purpose of | ||||||
21 | obtaining a license
or certificate.
| ||||||
22 | (4) Habitual or excessive use or addiction to alcohol, | ||||||
23 | narcotics,
stimulants or any other chemical agent or drug | ||||||
24 | which results in the
inability to practice with reasonable |
| |||||||
| |||||||
1 | judgment, skill, or safety by any of
the principals of a | ||||||
2 | collection agency.
| ||||||
3 | (5) Discipline by another U.S. jurisdiction or foreign | ||||||
4 | nation, if at
least one of the grounds for the discipline | ||||||
5 | is the same or substantially
equivalent to those set forth | ||||||
6 | in this Act.
| ||||||
7 | (6) A finding by the Department that the licensee, | ||||||
8 | after having his
license placed on probationary status, has | ||||||
9 | violated the terms of probation.
| ||||||
10 | (7) Practicing or attempting to practice under a name | ||||||
11 | other than the
name as shown on his or her license or any | ||||||
12 | other legally authorized name.
| ||||||
13 | (8) A finding by the Federal Trade Commission that a | ||||||
14 | licensee violated
the Federal Fair Debt and Collection Act | ||||||
15 | or its rules.
| ||||||
16 | (9) Failure to file a return, or to pay the tax, | ||||||
17 | penalty or interest
shown in a filed return, or to pay any | ||||||
18 | final assessment of tax, penalty or
interest, as required | ||||||
19 | by any tax Act administered by the Illinois
Department of | ||||||
20 | Revenue until such time as the requirements of any such tax
| ||||||
21 | Act are satisfied.
| ||||||
22 | (10) Using or threatening to use force or violence to | ||||||
23 | cause physical
harm to a debtor, his family or his | ||||||
24 | property.
| ||||||
25 | (11) Threatening to instigate an arrest or criminal | ||||||
26 | prosecution where no
basis for a criminal complaint |
| |||||||
| |||||||
1 | lawfully exists.
| ||||||
2 | (12) Threatening the seizure, attachment or sale of a | ||||||
3 | debtor's property
where such action can only be taken | ||||||
4 | pursuant to court order without
disclosing that prior court | ||||||
5 | proceedings are required.
| ||||||
6 | (13) Disclosing or threatening to disclose information | ||||||
7 | adversely
affecting a debtor's reputation for credit | ||||||
8 | worthiness with knowledge the
information is false.
| ||||||
9 | (14) Initiating or threatening to initiate | ||||||
10 | communication with a debtor's
employer unless there has | ||||||
11 | been a default of the payment of the obligation
for at | ||||||
12 | least 30 days and at least 5 days prior written notice, to | ||||||
13 | the last
known address of the debtor, of the intention to | ||||||
14 | communicate with the
employer has been given to the | ||||||
15 | employee, except as expressly permitted by
law or court | ||||||
16 | order.
| ||||||
17 | (15) Communicating with the debtor or any member of the | ||||||
18 | debtor's family
at such a time of day or night and with | ||||||
19 | such frequency as to constitute
harassment of the debtor or | ||||||
20 | any member of the debtor's family. For
purposes of this | ||||||
21 | Section the following conduct shall constitute harassment:
| ||||||
22 | (A) Communicating with the debtor or any member of | ||||||
23 | his or her family
in connection with the collection of | ||||||
24 | any debt without the prior consent of the
debtor given | ||||||
25 | directly to the debt collector, or the express | ||||||
26 | permission of a
court of competent jurisdiction, at any |
| |||||||
| |||||||
1 | unusual time or place or a time or
place known or which | ||||||
2 | should be known to be inconvenient to the debtor. In
| ||||||
3 | the absence of knowledge of circumstances to the | ||||||
4 | contrary, a debt collector
shall assume that the | ||||||
5 | convenient time for communicating with a consumer is
| ||||||
6 | after 8 o'clock a.m. and before 9 o'clock p.m. local | ||||||
7 | time at the debtor's
location.
| ||||||
8 | (B) The threat of publication or publication of a | ||||||
9 | list of consumers who
allegedly refuse to pay debts, | ||||||
10 | except to a consumer reporting agency.
| ||||||
11 | (C) The threat of advertisement or advertisement | ||||||
12 | for sale of any debt to
coerce payment of the debt.
| ||||||
13 | (D) Causing a telephone to ring or engaging any | ||||||
14 | person in telephone
conversation repeatedly or | ||||||
15 | continuously with intent to annoy, abuse, or
harass any | ||||||
16 | person at the called number.
| ||||||
17 | (16) Using profane, obscene or abusive language in | ||||||
18 | communicating with a
debtor, his or her family or others.
| ||||||
19 | (17) Disclosing or threatening to disclose information | ||||||
20 | relating to a
debtor's indebtedness to any other person | ||||||
21 | except where such other person has
a legitimate business | ||||||
22 | need for the information or except where such
disclosure is | ||||||
23 | regulated by law.
| ||||||
24 | (18) Disclosing or threatening to disclose information | ||||||
25 | concerning the
existence of a debt which the debt collector | ||||||
26 | knows to be reasonably
disputed by the debtor without |
| |||||||
| |||||||
1 | disclosing the fact that the debtor
disputes the debt.
| ||||||
2 | (19) Engaging in any conduct which the Director finds | ||||||
3 | was intended to
cause and did cause mental or physical | ||||||
4 | illness to the debtor or his
or her
family.
| ||||||
5 | (20) Attempting or threatening to enforce a right or | ||||||
6 | remedy with
knowledge or reason to know that the right or | ||||||
7 | remedy does not exist.
| ||||||
8 | (21) Failing to disclose to the debtor or his or her | ||||||
9 | family the
corporate, partnership or proprietary name, or | ||||||
10 | other trade or business name,
under
which the debt | ||||||
11 | collector is engaging in debt collections and which he or
| ||||||
12 | she is legally authorized to use.
| ||||||
13 | (22) Using any form of communication which simulates | ||||||
14 | legal or judicial
process or which gives the appearance of | ||||||
15 | being authorized, issued or
approved by a governmental | ||||||
16 | agency or official or by an attorney at law
when it is not.
| ||||||
17 | (23) Using any badge, uniform, or other indicia of any | ||||||
18 | governmental
agency or official except as authorized by | ||||||
19 | law.
| ||||||
20 | (24) Conducting business under any name or in any | ||||||
21 | manner which suggests
or implies that a debt collector is | ||||||
22 | bonded if such collector is or is a
branch of or is | ||||||
23 | affiliated with any governmental agency or court if such
| ||||||
24 | collector is not.
| ||||||
25 | (25) Failing to disclose, at the time of making any | ||||||
26 | demand for payment,
the name of the person to whom the |
| |||||||
| |||||||
1 | claim is owed and at the request of the
debtor, the address | ||||||
2 | where payment is to be made and the address of the
person | ||||||
3 | to whom the claim is owed.
| ||||||
4 | (26) Misrepresenting the amount of the claim or debt | ||||||
5 | alleged to be owed.
| ||||||
6 | (27) Representing that an existing debt may be | ||||||
7 | increased by the addition
of attorney's fees, | ||||||
8 | investigation fees or any other fees or charges when
such | ||||||
9 | fees or charges may not legally be added to the existing | ||||||
10 | debt.
| ||||||
11 | (28) Representing that the debt collector is an | ||||||
12 | attorney at law or an
agent for an attorney if he is not.
| ||||||
13 | (29) Collecting or attempting to collect any interest | ||||||
14 | or other charge or
fee in excess of the actual debt or | ||||||
15 | claim unless such interest or other
charge or fee is | ||||||
16 | expressly authorized by the agreement creating the debt or
| ||||||
17 | claim unless expressly authorized by law or unless in a | ||||||
18 | commercial
transaction such interest or other charge or fee | ||||||
19 | is expressly authorized in
a subsequent agreement. If a | ||||||
20 | contingency or hourly fee arrangement (i) is
established | ||||||
21 | under an agreement between a collection agency and a | ||||||
22 | creditor to
collect a debt and (ii) is paid by a debtor | ||||||
23 | pursuant to a contract between the
debtor and the creditor, | ||||||
24 | then that fee arrangement does not violate this
Section | ||||||
25 | unless the fee is unreasonable. The Department shall | ||||||
26 | determine what
constitutes a reasonable collection fee.
|
| |||||||
| |||||||
1 | (30) Communicating or threatening to communicate with | ||||||
2 | a debtor when the
debt collector is informed in writing by | ||||||
3 | an attorney that the attorney
represents the debtor | ||||||
4 | concerning the claim, unless authorized by the
attorney. If | ||||||
5 | the attorney fails to respond within a reasonable period of
| ||||||
6 | time, the collector may communicate with the debtor. The | ||||||
7 | collector may
communicate with the debtor when the attorney | ||||||
8 | gives his consent.
| ||||||
9 | (31) Engaging in dishonorable, unethical, or | ||||||
10 | unprofessional conduct of a
character likely to deceive, | ||||||
11 | defraud, or harm the public.
| ||||||
12 | (b) The Department shall deny any license or renewal | ||||||
13 | authorized by this
Act to any person who has defaulted on an | ||||||
14 | educational loan guaranteed by
the Illinois State Scholarship | ||||||
15 | Commission; however, the Department may
issue a license or | ||||||
16 | renewal if the person in default has established a
satisfactory | ||||||
17 | repayment record as determined by the Illinois State
| ||||||
18 | Scholarship Commission. No debt collector while collecting or | ||||||
19 | attempting to collect a debt shall
engage in any of the Acts | ||||||
20 | specified in this Section, each of which shall
be unlawful | ||||||
21 | practice.
| ||||||
22 | (Source: P.A. 94-414, eff. 12-31-05.)
| ||||||
23 | Section 150. The Community Association Manager Licensing | ||||||
24 | and Disciplinary Act is amended by changing Section 85 as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (225 ILCS 427/85)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2020) | ||||||
3 | Sec. 85. Grounds for discipline; refusal, revocation, or | ||||||
4 | suspension. | ||||||
5 | (a) The Department may refuse to issue or renew a license, | ||||||
6 | or may place on probation, reprimand, suspend, or revoke any | ||||||
7 | license, or take any other disciplinary or non-disciplinary | ||||||
8 | action as the Department may deem proper and impose a fine not | ||||||
9 | to exceed $10,000 for each violation upon any licensee or | ||||||
10 | applicant under this Act or any person or entity who holds | ||||||
11 | himself, herself, or itself out as an applicant or licensee for | ||||||
12 | any one or combination of the following causes: | ||||||
13 | (1) Material misstatement in furnishing information to | ||||||
14 | the Department. | ||||||
15 | (2) Violations of this Act or its rules. | ||||||
16 | (3) Conviction of or entry of a plea of guilty or plea | ||||||
17 | of nolo contendere to a felony or a misdemeanor under the | ||||||
18 | laws of the United States, any state, or any other | ||||||
19 | jurisdiction or entry of an administrative sanction by a | ||||||
20 | government agency in this State or any other jurisdiction. | ||||||
21 | Action taken under this paragraph (3) for a misdemeanor or | ||||||
22 | an administrative sanction is limited to a misdemeanor or | ||||||
23 | administrative sanction that has as an essential element | ||||||
24 | dishonesty or fraud, that involves larceny, embezzlement, | ||||||
25 | or obtaining money, property, or credit by false pretenses |
| |||||||
| |||||||
1 | or by means of a confidence game, or that is directly | ||||||
2 | related to the practice of the profession. | ||||||
3 | (4) Making any misrepresentation for the purpose of | ||||||
4 | obtaining a license or violating any provision of this Act | ||||||
5 | or its rules. | ||||||
6 | (5) Professional incompetence. | ||||||
7 | (6) Gross negligence. | ||||||
8 | (7) Aiding or assisting another person in violating any | ||||||
9 | provision of this Act or its rules. | ||||||
10 | (8) Failing, within 30 days, to provide information in | ||||||
11 | response to a request made by the Department. | ||||||
12 | (9) Engaging in dishonorable, unethical, or | ||||||
13 | unprofessional conduct of a character likely to deceive, | ||||||
14 | defraud or harm the public as defined by the rules of the | ||||||
15 | Department, or violating the rules of professional conduct | ||||||
16 | adopted by the Department. | ||||||
17 | (10) 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 | (11) Having been disciplined by another state, the | ||||||
22 | District of Columbia, a territory, a foreign nation, or a | ||||||
23 | governmental agency authorized to impose discipline if at | ||||||
24 | least one of the grounds for the discipline is the same or | ||||||
25 | substantially equivalent of one of the grounds for which a | ||||||
26 | licensee may be disciplined under this Act. A certified |
| |||||||
| |||||||
1 | copy of the record of the action by the other state or | ||||||
2 | jurisdiction shall be prima facie evidence thereof. | ||||||
3 | (12) Directly or indirectly giving to or receiving from | ||||||
4 | any person, firm, corporation, partnership or association | ||||||
5 | any fee, commission, rebate, or other form of compensation | ||||||
6 | for any professional services not actually or personally | ||||||
7 | rendered. | ||||||
8 | (13) A finding by the Department that the licensee, | ||||||
9 | after having his, her, or its license placed on | ||||||
10 | probationary status, has violated the terms of probation. | ||||||
11 | (14) Willfully making or filing false records or | ||||||
12 | reports relating to a licensee's practice, including but | ||||||
13 | not limited to false records filed with any State or | ||||||
14 | federal agencies or departments. | ||||||
15 | (15) Being named as a perpetrator in an indicated | ||||||
16 | report by the Department of Children and Family Services | ||||||
17 | under the Abused and Neglected Child Reporting Act and upon | ||||||
18 | proof by clear and convincing evidence that the licensee | ||||||
19 | has caused a child to be an abused child or neglected child | ||||||
20 | as defined in the Abused and Neglected Child Reporting Act. | ||||||
21 | (16) Physical illness or mental illness or impairment, | ||||||
22 | including, but not limited to, deterioration through the | ||||||
23 | aging process or loss of motor skill that results in the | ||||||
24 | inability to practice the profession with reasonable | ||||||
25 | judgment, skill, or safety. | ||||||
26 | (17) Solicitation of professional services by using |
| |||||||
| |||||||
1 | false or misleading advertising. | ||||||
2 | (18) A finding that licensure has been applied for or | ||||||
3 | obtained by fraudulent means. | ||||||
4 | (19) Practicing or attempting to practice under a name | ||||||
5 | other than the full name as shown on the license or any | ||||||
6 | other legally authorized name. | ||||||
7 | (20) Gross overcharging for professional services | ||||||
8 | including, but not limited to, (i) collection of fees or | ||||||
9 | moneys for services that are not rendered; and (ii) | ||||||
10 | charging for services that are not in accordance with the | ||||||
11 | contract between the licensee and the community | ||||||
12 | association. | ||||||
13 | (21) Improper commingling of personal and client funds | ||||||
14 | in violation of this Act or any rules promulgated thereto. | ||||||
15 | (22) Failing to account for or remit any moneys or | ||||||
16 | documents coming into the licensee's possession that | ||||||
17 | belong to another person or entity. | ||||||
18 | (23) Giving differential treatment to a person that is | ||||||
19 | to that person's detriment because of race, color, creed, | ||||||
20 | sex, religion, or national origin. | ||||||
21 | (24) Performing and charging for services without | ||||||
22 | reasonable authorization to do so from the person or entity | ||||||
23 | for whom service is being provided. | ||||||
24 | (25) Failing to make available to the Department, upon | ||||||
25 | request, any books, records, or forms required by this Act. | ||||||
26 | (26) Purporting to be a supervising community |
| |||||||
| |||||||
1 | association manager of a firm without active participation | ||||||
2 | in the firm. | ||||||
3 | (27) Failing to make available to the Department at the | ||||||
4 | time of the request any indicia of licensure or | ||||||
5 | registration issued under this Act. | ||||||
6 | (28) Failing to maintain and deposit funds belonging to | ||||||
7 | a community association in accordance with subsection (b) | ||||||
8 | of Section 55 of this Act. | ||||||
9 | (29) Violating the terms of a disciplinary order issued | ||||||
10 | by the Department. | ||||||
11 | (b) (Blank) In accordance with subdivision (a)(5) of | ||||||
12 | Section 2105-15 of the Department of Professional Regulation | ||||||
13 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
14 | 2105/2105-15), the Department shall deny a license or renewal | ||||||
15 | authorized by this Act to a person who has defaulted on an | ||||||
16 | educational loan or scholarship provided or guaranteed by the | ||||||
17 | Illinois Student Assistance Commission or any governmental | ||||||
18 | agency of this State . | ||||||
19 | (c) The determination by a circuit court that a licensee is | ||||||
20 | subject to involuntary admission or judicial admission, as | ||||||
21 | provided in the Mental Health and Developmental Disabilities | ||||||
22 | Code, operates as an automatic suspension. The suspension will | ||||||
23 | terminate only upon a finding by a court that the patient is no | ||||||
24 | longer subject to involuntary admission or judicial admission | ||||||
25 | and the issuance of an order so finding and discharging the | ||||||
26 | patient, and upon the recommendation of the Board to the |
| |||||||
| |||||||
1 | Secretary that the licensee be allowed to resume his or her | ||||||
2 | practice as a licensed community association manager. | ||||||
3 | (d) In accordance with subsection (g) of Section 2105-15 of | ||||||
4 | the Department of Professional Regulation Law of the Civil | ||||||
5 | Administrative Code of Illinois (20 ILCS 2105/2105-15), the | ||||||
6 | Department may refuse to issue or renew or may suspend the | ||||||
7 | license of any person who fails to file a return, to pay the | ||||||
8 | tax, penalty, or interest shown in a filed return, or to pay | ||||||
9 | any final assessment of tax, penalty, or interest, as required | ||||||
10 | by any tax Act administered by the Department of Revenue, until | ||||||
11 | such time as the requirements of that tax Act are satisfied.
| ||||||
12 | (e) In accordance with subdivision (a)(5) of Section | ||||||
13 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
14 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) | ||||||
15 | and in cases where the Department of Healthcare and Family | ||||||
16 | Services (formerly Department of Public Aid) has previously | ||||||
17 | determined that a licensee or a potential licensee is more than | ||||||
18 | 30 days delinquent in the payment of child support and has | ||||||
19 | subsequently certified the delinquency to the Department may | ||||||
20 | refuse to issue or renew or may revoke or suspend that person's | ||||||
21 | license or may take other disciplinary action against that | ||||||
22 | person based solely upon the certification of delinquency made | ||||||
23 | by the Department of Healthcare and Family Services. | ||||||
24 | (f) In enforcing this Section, the Department or Board upon | ||||||
25 | a showing of a possible violation may compel a licensee or an | ||||||
26 | individual licensed to practice under this Act, or who has |
| |||||||
| |||||||
1 | applied for licensure under this Act, to submit to a mental or | ||||||
2 | physical examination, or both, as required by and at the | ||||||
3 | expense of the Department. The Department or Board may order | ||||||
4 | the examining physician to present testimony concerning the | ||||||
5 | mental or physical examination of the licensee or applicant. No | ||||||
6 | information shall be excluded by reason of any common law or | ||||||
7 | statutory privilege relating to communications between the | ||||||
8 | licensee or applicant and the examining physician. The | ||||||
9 | examining physicians shall be specifically designated by the | ||||||
10 | Board or Department. The individual to be examined may have, at | ||||||
11 | his or her own expense, another physician of his or her choice | ||||||
12 | present during all aspects of this examination. Failure of an | ||||||
13 | individual to submit to a mental or physical examination, when | ||||||
14 | directed, shall be grounds for suspension of his or her license | ||||||
15 | or denial of his or her application or renewal until the | ||||||
16 | individual submits to the examination if the Department finds, | ||||||
17 | after notice and hearing, that the refusal to submit to the | ||||||
18 | examination was without reasonable cause.
| ||||||
19 | If the Department or Board finds an individual unable to | ||||||
20 | practice because of the reasons set forth in this Section, the | ||||||
21 | Department or Board may require that individual to submit to | ||||||
22 | care, counseling, or treatment by physicians approved or | ||||||
23 | designated by the Department or Board, as a condition, term, or | ||||||
24 | restriction for continued, reinstated, or renewed licensure to | ||||||
25 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
26 | Department may file, or the Board may recommend to the |
| |||||||
| |||||||
1 | Department to file, a complaint to immediately suspend, revoke, | ||||||
2 | deny, or otherwise discipline the license of the individual. An | ||||||
3 | individual whose license was granted, continued, reinstated, | ||||||
4 | renewed, disciplined or supervised subject to such terms, | ||||||
5 | conditions, or restrictions, and who fails to comply with such | ||||||
6 | terms, conditions, or restrictions, shall be referred to the | ||||||
7 | Secretary for a determination as to whether the individual | ||||||
8 | shall have his or her license suspended immediately, pending a | ||||||
9 | hearing by the Department. | ||||||
10 | In instances in which the Secretary immediately suspends a | ||||||
11 | person's license under this Section, a hearing on that person's | ||||||
12 | license must be convened by the Department within 30 days after | ||||||
13 | the suspension and completed without appreciable delay. The | ||||||
14 | Department and Board shall have the authority to review the | ||||||
15 | subject individual's record of treatment and counseling | ||||||
16 | regarding the impairment to the extent permitted by applicable | ||||||
17 | federal statutes and regulations safeguarding the | ||||||
18 | confidentiality of medical records. | ||||||
19 | An individual licensed under this Act and affected under | ||||||
20 | this Section shall be afforded an opportunity to demonstrate to | ||||||
21 | the Department or Board that he or she can resume practice in | ||||||
22 | compliance with acceptable and prevailing standards under the | ||||||
23 | provisions of his or her license.
| ||||||
24 | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; | ||||||
25 | 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | Section 155. The Detection of Deception Examiners Act is | ||||||
2 | amended by changing Section 14 as follows:
| ||||||
3 | (225 ILCS 430/14) (from Ch. 111, par. 2415)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
5 | Sec. 14.
(a) The Department may refuse to issue or renew or | ||||||
6 | may revoke, suspend, place on probation, reprimand, or take | ||||||
7 | other disciplinary or non-disciplinary action as the | ||||||
8 | Department may deem appropriate, including imposing fines not | ||||||
9 | to exceed $10,000 for each violation, with regard to any | ||||||
10 | license for any one or a combination of the following:
| ||||||
11 | (1) Material misstatement in furnishing information to | ||||||
12 | the Department.
| ||||||
13 | (2) Violations of this Act, or of the rules adopted | ||||||
14 | under this Act.
| ||||||
15 | (3) Conviction by plea of guilty or nolo contendere, | ||||||
16 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
17 | sentencing of any crime, including, but not limited to, | ||||||
18 | convictions, preceding sentences of supervision, | ||||||
19 | conditional discharge, or first offender probation, under | ||||||
20 | the laws of any jurisdiction of the United States: (i) that | ||||||
21 | is a felony or (ii) that is a misdemeanor, an essential | ||||||
22 | element of which is dishonesty, or that is directly related | ||||||
23 | to the practice of the profession.
| ||||||
24 | (4) Making any misrepresentation for the purpose of | ||||||
25 | obtaining licensure or violating any provision of this Act |
| |||||||
| |||||||
1 | or the rules adopted under this Act pertaining to | ||||||
2 | advertising.
| ||||||
3 | (5) Professional incompetence.
| ||||||
4 | (6) Allowing one's license under this Act to be used by | ||||||
5 | an unlicensed
person in violation of this Act.
| ||||||
6 | (7) Aiding or assisting another person in violating | ||||||
7 | this Act or
any rule adopted under this Act.
| ||||||
8 | (8) Where the license holder has been adjudged mentally | ||||||
9 | ill, mentally
deficient or subject to involuntary | ||||||
10 | admission as provided in the Mental
Health and | ||||||
11 | Developmental Disabilities Code.
| ||||||
12 | (9) Failing, within 60 days, to provide information in | ||||||
13 | response to a written request made
by the Department.
| ||||||
14 | (10) Engaging in dishonorable, unethical, or | ||||||
15 | unprofessional conduct of a character likely to deceive, | ||||||
16 | defraud, or harm the public. | ||||||
17 | (11) Inability to practice with reasonable judgment, | ||||||
18 | skill, or safety as a result of habitual or excessive use | ||||||
19 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
20 | other chemical agent or drug. | ||||||
21 | (12) Discipline by another state, District of | ||||||
22 | Columbia, territory, or foreign nation, if at least one of | ||||||
23 | the grounds for the discipline is the same or substantially | ||||||
24 | equivalent to those set forth in this Section. | ||||||
25 | (13) A finding by the Department that the licensee, | ||||||
26 | after having his or her license placed on probationary |
| |||||||
| |||||||
1 | status, has violated the terms of probation. | ||||||
2 | (14) Willfully making or filing false records or | ||||||
3 | reports in his or her practice, including, but not limited | ||||||
4 | to, false records filed with State agencies or departments. | ||||||
5 | (15) Inability to practice the profession with | ||||||
6 | reasonable judgment, skill, or safety as a result of a | ||||||
7 | physical illness, including, but not limited to, | ||||||
8 | deterioration through the aging process or loss of motor | ||||||
9 | skill, or a mental illness or disability. | ||||||
10 | (16) Charging for professional services not rendered, | ||||||
11 | including filing false statements for the collection of | ||||||
12 | fees for which services are not rendered. | ||||||
13 | (17) Practicing under a false or, except as provided by | ||||||
14 | law, an assumed name. | ||||||
15 | (18) 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 | (19) Cheating on or attempting to subvert the licensing | ||||||
19 | examination administered under this Act. | ||||||
20 | All fines imposed under this Section shall be paid within | ||||||
21 | 60 days after the effective date of the order imposing the | ||||||
22 | fine.
| ||||||
23 | (b) The Department may refuse to issue or may suspend | ||||||
24 | without hearing, as provided for in the Code of Civil | ||||||
25 | Procedure, the license of any person who fails to file a | ||||||
26 | return, or pay the tax, penalty, or interest shown in a filed |
| |||||||
| |||||||
1 | return, or pay any final assessment of the tax, penalty, or | ||||||
2 | interest as required by any tax Act administered by the | ||||||
3 | Illinois Department of Revenue, until such time as the | ||||||
4 | requirements of any such tax Act are satisfied in accordance | ||||||
5 | with subsection (g) of Section 2105-15 of the Civil | ||||||
6 | Administrative Code of Illinois. | ||||||
7 | (c) (Blank) The Department shall deny a license or renewal | ||||||
8 | authorized by this Act to a person who has defaulted on an | ||||||
9 | educational loan or scholarship provided or guaranteed by the | ||||||
10 | Illinois Student Assistance Commission or any governmental | ||||||
11 | agency of this State in accordance with item (5) of subsection | ||||||
12 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
13 | Illinois . | ||||||
14 | (d) In cases where the Department of Healthcare and Family | ||||||
15 | Services has previously determined a licensee or a potential | ||||||
16 | licensee is more than 30 days delinquent in the payment of | ||||||
17 | child support and has subsequently certified the delinquency to | ||||||
18 | the Department, the Department may refuse to issue or renew or | ||||||
19 | may revoke or suspend that person's license or may take other | ||||||
20 | disciplinary action against that person based solely upon the | ||||||
21 | certification of delinquency made by the Department of | ||||||
22 | Healthcare and Family Services in accordance with item (5) of | ||||||
23 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
24 | Code of Illinois. | ||||||
25 | (e) The determination by a circuit court that a licensee is | ||||||
26 | subject to involuntary admission or judicial admission, as |
| |||||||
| |||||||
1 | provided in the Mental Health and Developmental Disabilities | ||||||
2 | Code, operates as an automatic suspension. The suspension will | ||||||
3 | end only upon a finding by a court that the patient is no | ||||||
4 | longer subject to involuntary admission or judicial admission | ||||||
5 | and the issuance of an order so finding and discharging the | ||||||
6 | patient. | ||||||
7 | (f) In enforcing this Act, the Department, upon a showing | ||||||
8 | of a possible violation, may compel an individual licensed to | ||||||
9 | practice under this Act, or who has applied for licensure under | ||||||
10 | this Act, to submit to a mental or physical examination, or | ||||||
11 | both, as required by and at the expense of the Department. The | ||||||
12 | Department may order the examining physician to present | ||||||
13 | testimony concerning the mental or physical examination of the | ||||||
14 | licensee or applicant. No information shall be excluded by | ||||||
15 | reason of any common law or statutory privilege relating to | ||||||
16 | communications between the licensee or applicant and the | ||||||
17 | examining physician. The examining physicians shall be | ||||||
18 | specifically designated by the Department. The individual to be | ||||||
19 | examined may have, at his or her own expense, another physician | ||||||
20 | of his or her choice present during all aspects of this | ||||||
21 | examination. The examination shall be performed by a physician | ||||||
22 | licensed to practice medicine in all its branches. Failure of | ||||||
23 | an individual to submit to a mental or physical examination, | ||||||
24 | when directed, shall result in an automatic suspension without | ||||||
25 | hearing. | ||||||
26 | A person holding a license under this Act or who has |
| |||||||
| |||||||
1 | applied for a license under this Act who, because of a physical | ||||||
2 | or mental illness or disability, including, but not limited to, | ||||||
3 | deterioration through the aging process or loss of motor skill, | ||||||
4 | is unable to practice the profession with reasonable judgment, | ||||||
5 | skill, or safety, may be required by the Department to submit | ||||||
6 | to care, counseling, or treatment by physicians approved or | ||||||
7 | designated by the Department as a condition, term, or | ||||||
8 | restriction for continued, reinstated, or renewed licensure to | ||||||
9 | practice. Submission to care, counseling, or treatment as | ||||||
10 | required by the Department shall not be considered discipline | ||||||
11 | of a license. If the licensee refuses to enter into a care, | ||||||
12 | counseling, or treatment agreement or fails to abide by the | ||||||
13 | terms of the agreement, the Department may file a complaint to | ||||||
14 | revoke, suspend, or otherwise discipline the license of the | ||||||
15 | individual. The Secretary may order the license suspended | ||||||
16 | immediately, pending a hearing by the Department. Fines shall | ||||||
17 | not be assessed in disciplinary actions involving physical or | ||||||
18 | mental illness or impairment. | ||||||
19 | In instances in which the Secretary immediately suspends a | ||||||
20 | person's license under this Section, a hearing on that person's | ||||||
21 | license must be convened by the Department within 15 days after | ||||||
22 | the suspension and completed without appreciable delay. The | ||||||
23 | Department shall have the authority to review the subject | ||||||
24 | individual's record of treatment and counseling regarding the | ||||||
25 | impairment to the extent permitted by applicable federal | ||||||
26 | statutes and regulations safeguarding the confidentiality of |
| |||||||
| |||||||
1 | medical records. | ||||||
2 | An individual licensed under this Act and affected under | ||||||
3 | this Section shall be afforded an opportunity to demonstrate to | ||||||
4 | the Department that he or she can resume practice in compliance | ||||||
5 | with acceptable and prevailing standards under the provisions | ||||||
6 | of his or her license. | ||||||
7 | (Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13; | ||||||
8 | 98-756, eff. 7-16-14.)
| ||||||
9 | Section 160. The Home Inspector License Act is amended by | ||||||
10 | changing Section 15-10 as follows:
| ||||||
11 | (225 ILCS 441/15-10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
13 | Sec. 15-10. Grounds for disciplinary action.
| ||||||
14 | (a) The Department may refuse to issue or renew, or may | ||||||
15 | revoke, suspend, place on probation, reprimand, or take other | ||||||
16 | disciplinary or non-disciplinary action as the Department may | ||||||
17 | deem appropriate, including imposing fines not to exceed | ||||||
18 | $25,000 for each violation, with regard to any license for any | ||||||
19 | one or combination of the following:
| ||||||
20 | (1) Fraud or misrepresentation in applying for, or | ||||||
21 | procuring a license under this Act or in connection with | ||||||
22 | applying for renewal of a license under this Act.
| ||||||
23 | (2) Failing to meet the minimum qualifications for | ||||||
24 | licensure as a home
inspector established by this Act.
|
| |||||||
| |||||||
1 | (3) Paying money, other than for the fees provided for | ||||||
2 | by this Act, or
anything of value to an employee of the | ||||||
3 | Department to procure licensure under this Act.
| ||||||
4 | (4) Conviction by plea of guilty or nolo contendere, | ||||||
5 | finding of guilt, jury verdict, or entry of judgment or by | ||||||
6 | sentencing of any crime, including, but not limited to, | ||||||
7 | convictions, preceding sentences of supervision, | ||||||
8 | conditional discharge, or first offender probation, under | ||||||
9 | the laws of any jurisdiction of the United States: (i) that | ||||||
10 | is a felony; (ii) that is a misdemeanor, an essential | ||||||
11 | element of which is dishonesty, or that is directly related | ||||||
12 | to the practice of the profession; or (iii) that is a crime | ||||||
13 | that subjects the licensee to compliance with the | ||||||
14 | requirements of the Sex Offender Registration Act.
| ||||||
15 | (5) Committing an act or omission involving | ||||||
16 | dishonesty, fraud, or
misrepresentation
with the intent to | ||||||
17 | substantially benefit the licensee or another person or | ||||||
18 | with
the intent to substantially injure another person.
| ||||||
19 | (6) Violating a provision or standard for the | ||||||
20 | development or
communication of home inspections as | ||||||
21 | provided in Section 10-5 of this Act or as
defined in the | ||||||
22 | rules.
| ||||||
23 | (7) Failing or refusing to exercise reasonable
| ||||||
24 | diligence
in the development, reporting, or communication | ||||||
25 | of a home inspection report, as
defined
by this Act or the | ||||||
26 | rules.
|
| |||||||
| |||||||
1 | (8) Violating a provision of this Act or the rules.
| ||||||
2 | (9) Having been disciplined by another state, the | ||||||
3 | District of Columbia, a
territory, a foreign nation, a | ||||||
4 | governmental agency, or any other entity
authorized to | ||||||
5 | impose discipline if at least one of the grounds for
that
| ||||||
6 | discipline is the same as or substantially equivalent to | ||||||
7 | one of the grounds
for which a licensee may be disciplined | ||||||
8 | under this Act.
| ||||||
9 | (10) Engaging in dishonorable, unethical, or | ||||||
10 | unprofessional conduct of a
character likely to deceive, | ||||||
11 | defraud, or harm the public.
| ||||||
12 | (11) Accepting an inspection assignment when the | ||||||
13 | employment itself is
contingent upon the home inspector | ||||||
14 | reporting a predetermined analysis or
opinion, or when the | ||||||
15 | fee to be paid is contingent upon the analysis, opinion,
or | ||||||
16 | conclusion reached or upon the consequences resulting from | ||||||
17 | the home
inspection assignment.
| ||||||
18 | (12) Developing home inspection opinions or | ||||||
19 | conclusions based on the race,
color, religion, sex, | ||||||
20 | national origin, ancestry, age, marital status, family
| ||||||
21 | status, physical or mental disability, or unfavorable | ||||||
22 | military discharge, as
defined under the Illinois Human | ||||||
23 | Rights Act, of the prospective or present
owners or | ||||||
24 | occupants of the area or property under home inspection.
| ||||||
25 | (13) Being adjudicated liable in a civil proceeding on | ||||||
26 | grounds of
fraud,
misrepresentation, or deceit. In a |
| |||||||
| |||||||
1 | disciplinary proceeding based upon a
finding of civil | ||||||
2 | liability, the home inspector shall be
afforded an | ||||||
3 | opportunity to present mitigating and extenuating | ||||||
4 | circumstances,
but may not collaterally attack the civil | ||||||
5 | adjudication.
| ||||||
6 | (14) Being adjudicated liable in a civil proceeding for | ||||||
7 | violation of
a
State or federal fair housing law.
| ||||||
8 | (15) Engaging in misleading or untruthful advertising | ||||||
9 | or using a trade
name or insignia of membership in a home | ||||||
10 | inspection organization of
which the licensee is not a | ||||||
11 | member.
| ||||||
12 | (16) Failing, within 30 days, to provide information in | ||||||
13 | response to a written request made by the Department.
| ||||||
14 | (17) Failing to include within the home inspection | ||||||
15 | report the home
inspector's license number and the date of | ||||||
16 | expiration of the license. All
home inspectors providing | ||||||
17 | significant contribution to the development and
reporting | ||||||
18 | of a home inspection must be disclosed in the home | ||||||
19 | inspection report.
It is a violation of this Act for a home | ||||||
20 | inspector to sign a home inspection
report knowing that a | ||||||
21 | person providing a significant contribution to the report
| ||||||
22 | has not been disclosed in the home inspection report.
| ||||||
23 | (18) Advising a client as to whether the client should | ||||||
24 | or should not
engage in a transaction regarding the | ||||||
25 | residential real property that is the
subject of the home | ||||||
26 | inspection.
|
| |||||||
| |||||||
1 | (19) Performing a home inspection in a manner that | ||||||
2 | damages or alters the
residential real property that is the | ||||||
3 | subject of the home inspection without
the consent of the | ||||||
4 | owner.
| ||||||
5 | (20) Performing a home inspection when the home | ||||||
6 | inspector is providing
or may also provide other services | ||||||
7 | in connection with the residential real
property or | ||||||
8 | transaction, or has an interest in the residential real | ||||||
9 | property,
without providing prior written notice of the | ||||||
10 | potential or actual conflict and
obtaining the prior | ||||||
11 | consent of the client as provided by rule.
| ||||||
12 | (21) Aiding or assisting another person in violating | ||||||
13 | any provision of this Act or rules adopted under this Act. | ||||||
14 | (22) Inability to practice with reasonable judgment, | ||||||
15 | skill, or safety as a result of habitual or excessive use | ||||||
16 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
17 | other chemical agent or drug. | ||||||
18 | (23) A finding by the Department that the licensee, | ||||||
19 | after having his or her license placed on probationary | ||||||
20 | status, has violated the terms of probation. | ||||||
21 | (24) Willfully making or filing false records or | ||||||
22 | reports in his or her practice, including, but not limited | ||||||
23 | to, false records filed with State agencies or departments. | ||||||
24 | (25) Charging for professional services not rendered, | ||||||
25 | including filing false statements for the collection of | ||||||
26 | fees for which services are not rendered. |
| |||||||
| |||||||
1 | (26) Practicing under a false or, except as provided by | ||||||
2 | law, an assumed name. | ||||||
3 | (27) Cheating on or attempting to subvert the licensing | ||||||
4 | examination administered under this Act. | ||||||
5 | (b) The Department may suspend, revoke,
or refuse to issue
| ||||||
6 | or renew an education provider's license, may reprimand, place | ||||||
7 | on probation, or
otherwise discipline
an education provider
| ||||||
8 | licensee, and may suspend or revoke the course approval of any | ||||||
9 | course offered
by an education provider, for any of the | ||||||
10 | following:
| ||||||
11 | (1) Procuring or attempting to procure licensure by | ||||||
12 | knowingly making a
false statement, submitting false | ||||||
13 | information, making any form of fraud or
| ||||||
14 | misrepresentation, or refusing to provide complete | ||||||
15 | information in response to a
question in an application for | ||||||
16 | licensure.
| ||||||
17 | (2) Failing to comply with the covenants certified to | ||||||
18 | on the application
for licensure as an education provider.
| ||||||
19 | (3) Committing an act or omission involving | ||||||
20 | dishonesty, fraud, or
misrepresentation
or allowing any | ||||||
21 | such act or omission by any employee or contractor under | ||||||
22 | the
control of the education provider.
| ||||||
23 | (4) Engaging in misleading or untruthful advertising.
| ||||||
24 | (5) Failing to retain competent instructors in | ||||||
25 | accordance with rules
adopted under this Act.
| ||||||
26 | (6) Failing to meet the topic or time requirements for |
| |||||||
| |||||||
1 | course approval as
the provider of a pre-license curriculum | ||||||
2 | course or a continuing education
course.
| ||||||
3 | (7) Failing to administer an approved course using the | ||||||
4 | course materials,
syllabus, and examinations submitted as | ||||||
5 | the basis of the course approval.
| ||||||
6 | (8) Failing to provide an appropriate classroom | ||||||
7 | environment for
presentation of courses, with | ||||||
8 | consideration for student comfort, acoustics,
lighting, | ||||||
9 | seating, workspace, and visual aid material.
| ||||||
10 | (9) Failing to maintain student records in compliance | ||||||
11 | with the rules
adopted
under this Act.
| ||||||
12 | (10) Failing to provide a certificate, transcript, or | ||||||
13 | other student
record to the Department or to a student as | ||||||
14 | may be required by rule.
| ||||||
15 | (11) Failing to fully cooperate with a Department | ||||||
16 | investigation by knowingly
making a false statement, | ||||||
17 | submitting false or misleading information, or
refusing to | ||||||
18 | provide complete information in
response to written | ||||||
19 | interrogatories or a written request for
documentation | ||||||
20 | within 30 days of the request.
| ||||||
21 | (c) In appropriate cases, the Department may resolve a | ||||||
22 | complaint against a licensee
through the issuance of a Consent | ||||||
23 | to Administrative Supervision order. A
licensee subject to a | ||||||
24 | Consent to Administrative Supervision order
shall be | ||||||
25 | considered by the Department as an active licensee in good | ||||||
26 | standing.
This order shall not be reported as or considered by |
| |||||||
| |||||||
1 | the Department to be a discipline of
the licensee.
The records | ||||||
2 | regarding an investigation and a Consent to Administrative
| ||||||
3 | Supervision order shall be considered confidential and shall | ||||||
4 | not be released by
the Department except as
mandated by law. | ||||||
5 | The complainant shall be notified that his or her
complaint has | ||||||
6 | been resolved by a Consent to Administrative Supervision order.
| ||||||
7 | (d) The Department may refuse to issue or may suspend | ||||||
8 | without hearing, as provided for in the Code of Civil | ||||||
9 | Procedure, the license of any person who fails to file a tax | ||||||
10 | return, to pay the tax, penalty, or interest shown in a filed | ||||||
11 | tax return, or to pay any final assessment of tax, penalty, or | ||||||
12 | interest, as required by any tax Act administered by the | ||||||
13 | Illinois Department of Revenue, until such time as the | ||||||
14 | requirements of the tax Act are satisfied in accordance with | ||||||
15 | subsection (g) of Section 2105-15 of the Civil Administrative | ||||||
16 | Code of Illinois. | ||||||
17 | (e) (Blank) The Department shall deny a license or renewal | ||||||
18 | authorized by this Act to a person who has defaulted on an | ||||||
19 | educational loan or scholarship provided or guaranteed by the | ||||||
20 | Illinois Student Assistance Commission or any governmental | ||||||
21 | agency of this State in accordance with item (5) of subsection | ||||||
22 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
23 | Illinois . | ||||||
24 | (f) In cases where the Department of Healthcare and Family | ||||||
25 | Services has previously determined that a licensee or a | ||||||
26 | potential licensee is more than 30 days delinquent in the |
| |||||||
| |||||||
1 | payment of child support and has subsequently certified the | ||||||
2 | delinquency to the Department, the Department may refuse to | ||||||
3 | issue or renew or may revoke or suspend that person's license | ||||||
4 | or may take other disciplinary action against that person based | ||||||
5 | solely upon the certification of delinquency made by the | ||||||
6 | Department of Healthcare and Family Services in accordance with | ||||||
7 | item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
8 | Administrative Code of Illinois. | ||||||
9 | (g) The determination by a circuit court that a licensee is | ||||||
10 | subject to involuntary admission or judicial admission, as | ||||||
11 | provided in the Mental Health and Developmental Disabilities | ||||||
12 | Code, operates as an automatic suspension. The suspension will | ||||||
13 | end only upon a finding by a court that the patient is no | ||||||
14 | longer subject to involuntary admission or judicial admission | ||||||
15 | and the issuance of a court order so finding and discharging | ||||||
16 | the patient. | ||||||
17 | (h) In enforcing this Act, the Department, upon a showing | ||||||
18 | of a possible violation, may compel an individual licensed to | ||||||
19 | practice under this Act, or who has applied for licensure under | ||||||
20 | this Act, to submit to a mental or physical examination, or | ||||||
21 | both, as required by and at the expense of the Department. The | ||||||
22 | Department may order the examining physician to present | ||||||
23 | testimony concerning the mental or physical examination of the | ||||||
24 | licensee or applicant. No information shall be excluded by | ||||||
25 | reason of any common law or statutory privilege relating to | ||||||
26 | communications between the licensee or applicant and the |
| |||||||
| |||||||
1 | examining physician. The examining physician shall be | ||||||
2 | specifically designated by the Department. The individual to be | ||||||
3 | examined may have, at his or her own expense, another physician | ||||||
4 | of his or her choice present during all aspects of this | ||||||
5 | examination. The examination shall be performed by a physician | ||||||
6 | licensed to practice medicine in all its branches. Failure of | ||||||
7 | an individual to submit to a mental or physical examination, | ||||||
8 | when directed, shall result in an automatic suspension without | ||||||
9 | hearing. | ||||||
10 | A person holding a license under this Act or who has | ||||||
11 | applied for a license under this Act, who, because of a | ||||||
12 | physical or mental illness or disability, including, but not | ||||||
13 | limited to, deterioration through the aging process or loss of | ||||||
14 | motor skill, is unable to practice the profession with | ||||||
15 | reasonable judgment, skill, or safety, may be required by the | ||||||
16 | Department to submit to care, counseling, or treatment by | ||||||
17 | physicians approved or designated by the Department as a | ||||||
18 | condition, term, or restriction for continued, reinstated, or | ||||||
19 | renewed licensure to practice. Submission to care, counseling, | ||||||
20 | or treatment as required by the Department shall not be | ||||||
21 | considered discipline of a license. If the licensee refuses to | ||||||
22 | enter into a care, counseling, or treatment agreement or fails | ||||||
23 | to abide by the terms of the agreement, the Department may file | ||||||
24 | a complaint to revoke, suspend, or otherwise discipline the | ||||||
25 | license of the individual. The Secretary may order the license | ||||||
26 | suspended immediately, pending a hearing by the Department. |
| |||||||
| |||||||
1 | Fines shall not be assessed in disciplinary actions involving | ||||||
2 | physical or mental illness or impairment. | ||||||
3 | In instances in which the Secretary immediately suspends a | ||||||
4 | person's license under this Section, a hearing on that person's | ||||||
5 | license must be convened by the Department within 15 days after | ||||||
6 | the suspension and completed without appreciable delay. The | ||||||
7 | Department shall have the authority to review the subject | ||||||
8 | individual's record of treatment and counseling regarding the | ||||||
9 | impairment to the extent permitted by applicable federal | ||||||
10 | statutes and regulations safeguarding the confidentiality of | ||||||
11 | medical records. | ||||||
12 | An individual licensed under this Act and affected under | ||||||
13 | this Section shall be afforded an opportunity to demonstrate to | ||||||
14 | the Department that he or she can resume practice in compliance | ||||||
15 | with acceptable and prevailing standards under the provisions | ||||||
16 | of his or her license. | ||||||
17 | (Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12; | ||||||
18 | 98-756, eff. 7-16-14.)
| ||||||
19 | (225 ILCS 447/40-35 rep.)
| ||||||
20 | Section 165. The Private Detective, Private Alarm, Private | ||||||
21 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
22 | amended by repealing Section 40-35.
| ||||||
23 | Section 170. The Illinois Public Accounting Act is amended | ||||||
24 | by changing Section 20.01 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 20.01. Grounds for discipline; license or | ||||||
4 | registration.
| ||||||
5 | (a) The Department may refuse to issue or renew, or may | ||||||
6 | revoke, suspend, or
reprimand any registration or registrant,
| ||||||
7 | any license or licensee, place a licensee or registrant on | ||||||
8 | probation for a period
of time subject to any conditions the | ||||||
9 | Department may specify including requiring
the licensee or | ||||||
10 | registrant to attend continuing education courses or to work | ||||||
11 | under the
supervision of another licensee or registrant, impose | ||||||
12 | a fine not to exceed $10,000 for each
violation, restrict the | ||||||
13 | authorized scope of practice, require a licensee
or registrant | ||||||
14 | to undergo a peer review program, assess costs as provided for | ||||||
15 | under Section 20.4, or take other disciplinary or | ||||||
16 | non-disciplinary action for any one or more of the following:
| ||||||
17 | (1) Violation of any provision of this Act or rule | ||||||
18 | adopted by the Department under this Act or violation of | ||||||
19 | professional standards.
| ||||||
20 | (2) Dishonesty, fraud, or deceit in obtaining, | ||||||
21 | reinstating, or restoring a license or registration.
| ||||||
22 | (3) Cancellation, revocation, suspension, denial of | ||||||
23 | licensure or registration, or refusal to renew a license or | ||||||
24 | privileges under Section 5.2 for disciplinary reasons in | ||||||
25 | any other U.S. jurisdiction, unit of government, or |
| |||||||
| |||||||
1 | government agency for any cause.
| ||||||
2 | (4) Failure, on the part of a licensee under Section 13 | ||||||
3 | or registrant under Section 16, to maintain compliance with | ||||||
4 | the requirements for issuance or renewal of a license or | ||||||
5 | registration or to report changes to the Department.
| ||||||
6 | (5) Revocation or suspension of the right to practice | ||||||
7 | by or before any state or federal regulatory authority or | ||||||
8 | by the Public Company Accounting Oversight Board.
| ||||||
9 | (6) Dishonesty, fraud, deceit, or gross negligence in | ||||||
10 | the performance of services as a licensee or registrant or | ||||||
11 | individual granted privileges under Section 5.2.
| ||||||
12 | (7) Conviction by plea of guilty or nolo contendere, | ||||||
13 | finding of guilt, jury verdict, or entry of judgment or | ||||||
14 | sentencing, including, but not limited to, convictions, | ||||||
15 | preceding sentences of supervision, conditional discharge, | ||||||
16 | or first offender probation, under the laws of any | ||||||
17 | jurisdiction of the United States that is (i) a felony or | ||||||
18 | (ii) a misdemeanor, an essential element of which is | ||||||
19 | dishonesty, or that is directly related to the practice of | ||||||
20 | public accounting.
| ||||||
21 | (8) Performance of any fraudulent act while holding a | ||||||
22 | license or privilege issued under this Act or prior law.
| ||||||
23 | (9) Practicing on a revoked, suspended, or inactive | ||||||
24 | license or registration.
| ||||||
25 | (10) Making or filing a report or record that the | ||||||
26 | registrant or licensee knows to be false, willfully failing |
| |||||||
| |||||||
1 | to file a report or record required by State or federal | ||||||
2 | law, willfully impeding or obstructing the filing or | ||||||
3 | inducing another person to impede or obstruct only those | ||||||
4 | that are signed in the capacity of a licensed CPA or a | ||||||
5 | registered CPA.
| ||||||
6 | (11) Aiding or assisting another person in violating | ||||||
7 | any provision of
this Act or rules promulgated hereunder.
| ||||||
8 | (12) Engaging in dishonorable, unethical, or | ||||||
9 | unprofessional conduct of a
character likely to deceive, | ||||||
10 | defraud, or harm the public.
| ||||||
11 | (13) Habitual or excessive use or abuse of drugs, | ||||||
12 | alcohol, narcotics,
stimulants, or any other substance | ||||||
13 | that results in the inability
to practice with reasonable | ||||||
14 | skill, judgment, or safety.
| ||||||
15 | (14) Directly or indirectly giving to or receiving from | ||||||
16 | any person, firm,
corporation, partnership, or association | ||||||
17 | any fee, commission, rebate, or other
form of compensation | ||||||
18 | for any professional service not actually rendered.
| ||||||
19 | (15) Physical illness, including, but not limited to, | ||||||
20 | deterioration through the
aging process or loss of motor | ||||||
21 | skill that results in the licensee or registrant's | ||||||
22 | inability to
practice under this Act with reasonable | ||||||
23 | judgment, skill, or safety.
| ||||||
24 | (16) Solicitation of professional services by using | ||||||
25 | false or misleading
advertising.
| ||||||
26 | (17) Any conduct reflecting adversely upon the |
| |||||||
| |||||||
1 | licensee's fitness to perform services while a licensee or | ||||||
2 | individual granted privileges under Section 5.2.
| ||||||
3 | (18) Practicing or attempting to practice under a name | ||||||
4 | other than the
full name as shown on the license or | ||||||
5 | registration or any other legally authorized name.
| ||||||
6 | (19) A finding by the Department that a licensee or | ||||||
7 | registrant has not complied with a
provision of any lawful | ||||||
8 | order issued by the Department.
| ||||||
9 | (20) Making a false statement to the Department
| ||||||
10 | regarding compliance with
continuing professional | ||||||
11 | education or peer review requirements.
| ||||||
12 | (21) Failing to make a substantive response to a | ||||||
13 | request for information
by the Department within 30 days of | ||||||
14 | the request.
| ||||||
15 | (b) (Blank).
| ||||||
16 | (b-5) All fines or costs imposed under this Section shall | ||||||
17 | be paid within 60 days after the effective date of the order | ||||||
18 | imposing the fine or costs or in accordance with the terms set | ||||||
19 | forth in the order imposing the fine or cost. | ||||||
20 | (c) In cases where the Department of Healthcare and Family | ||||||
21 | Services has previously determined a licensee or a potential | ||||||
22 | licensee is more than 30 days delinquent in the payment of | ||||||
23 | child support and has subsequently certified the delinquency to | ||||||
24 | the Department, the Department may refuse to issue or renew or | ||||||
25 | may revoke or suspend that person's license or may take other | ||||||
26 | disciplinary or non-disciplinary action against that person |
| |||||||
| |||||||
1 | based solely upon the certification of delinquency made by the | ||||||
2 | Department of Healthcare and Family Services in accordance with | ||||||
3 | item (5) of subsection (a) of Section 2105-15 of the Department | ||||||
4 | of Professional Regulation Law of the Civil Administrative Code | ||||||
5 | of Illinois.
| ||||||
6 | (d) The Department may refuse to issue or may suspend | ||||||
7 | without hearing, as provided for in the Code of Civil | ||||||
8 | Procedure, the license or registration of any person who fails | ||||||
9 | to file a return, to pay a tax, penalty, or interest shown in a | ||||||
10 | filed return, or to pay any final assessment of tax, penalty, | ||||||
11 | or interest, as required by any tax Act administered by the | ||||||
12 | Illinois Department of Revenue, until such time as the | ||||||
13 | requirements of any such tax Act are satisfied in accordance | ||||||
14 | with subsection (g) of Section 2105-15 of the Department of | ||||||
15 | Professional Regulation Law of the Civil Administrative Code of | ||||||
16 | Illinois.
| ||||||
17 | (e) (Blank) The Department shall deny any application for a | ||||||
18 | license, registration, or renewal,
without hearing, to any | ||||||
19 | person who has defaulted on an educational loan
guaranteed by | ||||||
20 | the Illinois Student Assistance Commission; however, the
| ||||||
21 | Department
may issue a license, registration, or renewal if the | ||||||
22 | person in default has
established a satisfactory repayment | ||||||
23 | record as determined by the Illinois
Student Assistance | ||||||
24 | Commission .
| ||||||
25 | (f) The determination by a court that a licensee or | ||||||
26 | registrant is subject to involuntary
admission or judicial |
| |||||||
| |||||||
1 | admission as provided in the Mental Health and
Developmental | ||||||
2 | Disabilities Code will result in the automatic suspension of | ||||||
3 | his
or her license or registration. The licensee or registrant | ||||||
4 | shall be responsible for notifying the Department of the | ||||||
5 | determination by the court that the licensee or registrant is | ||||||
6 | subject to involuntary admission or judicial admission as | ||||||
7 | provided in the Mental Health and Developmental Disabilities | ||||||
8 | Code. The suspension shall end only upon a finding by a court | ||||||
9 | that the patient is no longer subject to involuntary admission | ||||||
10 | or judicial admission, the issuance of an order so finding and | ||||||
11 | discharging the patient, and the filing of a petition for | ||||||
12 | restoration demonstrating fitness to practice.
| ||||||
13 | (g) In enforcing this Section, the Department, upon a | ||||||
14 | showing of a possible violation, may compel, any licensee or | ||||||
15 | registrant or any individual who has applied for licensure | ||||||
16 | under this Act, to submit to a mental or physical examination | ||||||
17 | and evaluation, or both, which may include a substance abuse or | ||||||
18 | sexual offender evaluation, at the expense of the Department. | ||||||
19 | The Department shall specifically designate the examining | ||||||
20 | physician licensed to practice medicine in all of its branches | ||||||
21 | or, if applicable, the multidisciplinary team involved in | ||||||
22 | providing the mental or physical examination and evaluation, or | ||||||
23 | both. The multidisciplinary team shall be led by a physician | ||||||
24 | licensed to practice medicine in all of its branches and may | ||||||
25 | consist of one or more or a combination of physicians licensed | ||||||
26 | to practice medicine in all of its branches, licensed |
| |||||||
| |||||||
1 | chiropractic physicians, licensed clinical psychologists, | ||||||
2 | licensed clinical social workers, licensed clinical | ||||||
3 | professional counselors, and other professional and | ||||||
4 | administrative staff. Any examining physician or member of the | ||||||
5 | multidisciplinary team may require any person ordered to submit | ||||||
6 | to an examination and evaluation under this Section to submit | ||||||
7 | to any additional supplemental testing deemed necessary to | ||||||
8 | complete any examination or evaluation process, including, but | ||||||
9 | not limited to, blood testing, urinalysis, psychological | ||||||
10 | testing, or neuropsychological testing. The Department may | ||||||
11 | order the examining physician or any member of the | ||||||
12 | multidisciplinary team to provide to the Department any and all | ||||||
13 | records, including business records, that relate to the | ||||||
14 | examination and evaluation, including any supplemental testing | ||||||
15 | performed. The Department may order the examining physician or | ||||||
16 | any member of the multidisciplinary team to present testimony | ||||||
17 | concerning this examination and evaluation of the licensee, | ||||||
18 | registrant, or applicant, including testimony concerning any | ||||||
19 | supplemental testing or documents relating to the examination | ||||||
20 | and evaluation. No information, report, record, or other | ||||||
21 | documents in any way related to the examination and evaluation | ||||||
22 | shall be excluded by reason of any common law or statutory | ||||||
23 | privilege relating to communication between the licensee, | ||||||
24 | registrant, or applicant and the examining physician or any | ||||||
25 | member of the multidisciplinary team. No authorization is | ||||||
26 | necessary from the individual ordered to undergo an evaluation |
| |||||||
| |||||||
1 | and examination for the examining physician or any member of | ||||||
2 | the multidisciplinary team to provide information, reports, | ||||||
3 | records, or other documents or to provide any testimony | ||||||
4 | regarding the examination and evaluation. | ||||||
5 | The individual to be examined may have, at his or her own | ||||||
6 | expense, another physician of his or her choice present during | ||||||
7 | all aspects of the examination. Failure of any individual to | ||||||
8 | submit to mental or physical examination and evaluation, or | ||||||
9 | both, when directed, shall result in an automatic suspension, | ||||||
10 | without hearing, until such time as the individual submits to | ||||||
11 | the examination. If the Department finds a licensee, | ||||||
12 | registrant, or applicant unable to practice because of the | ||||||
13 | reasons set forth in this Section, the Department shall require | ||||||
14 | such licensee, registrant, or applicant to submit to care, | ||||||
15 | counseling, or treatment by physicians approved or designated | ||||||
16 | by the Department, as a condition for continued, reinstated, or | ||||||
17 | renewed licensure to practice. | ||||||
18 | When the Secretary immediately suspends a license or | ||||||
19 | registration under this Section, a hearing upon such person's | ||||||
20 | license or registration must be convened by the Department | ||||||
21 | within 15 days after such suspension and completed without | ||||||
22 | appreciable delay. The Department shall have the authority to | ||||||
23 | review the subject's record of treatment and counseling | ||||||
24 | regarding the impairment, to the extent permitted by applicable | ||||||
25 | federal statutes and regulations safeguarding the | ||||||
26 | confidentiality of medical records. |
| |||||||
| |||||||
1 | Individuals licensed or registered under this Act, | ||||||
2 | affected under this Section, shall be afforded an opportunity | ||||||
3 | to demonstrate to the Department that they can resume practice | ||||||
4 | in compliance with acceptable and prevailing standards under | ||||||
5 | the provisions of their license or registration. | ||||||
6 | (Source: P.A. 98-254, eff. 8-9-13.)
| ||||||
7 | Section 175. The Real Estate License Act of 2000 is amended | ||||||
8 | by changing Section 20-20 as follows:
| ||||||
9 | (225 ILCS 454/20-20)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
11 | Sec. 20-20. Grounds for discipline. | ||||||
12 | (a) The Department may refuse to issue or renew a license, | ||||||
13 | may place on probation, suspend,
or
revoke any
license, | ||||||
14 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
15 | action as the Department may deem proper and impose a
fine not | ||||||
16 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
17 | or any person who holds himself or herself out as an applicant | ||||||
18 | or licensee or against a licensee in handling his or her own | ||||||
19 | property, whether held by deed, option, or otherwise, for any | ||||||
20 | one or any combination of the
following causes:
| ||||||
21 | (1) Fraud or misrepresentation in applying for, or | ||||||
22 | procuring, a license under this Act or in connection with | ||||||
23 | applying for renewal of a license under this Act.
| ||||||
24 | (2) The conviction of or plea of guilty or plea of nolo |
| |||||||
| |||||||
1 | contendere to a felony or misdemeanor in this State or any | ||||||
2 | other jurisdiction; or the entry of an administrative | ||||||
3 | sanction by a government agency in this State or any other | ||||||
4 | jurisdiction. Action taken under this paragraph (2) for a | ||||||
5 | misdemeanor or an administrative sanction is limited to a | ||||||
6 | misdemeanor or administrative sanction that has as an
| ||||||
7 | essential element dishonesty or fraud or involves larceny, | ||||||
8 | embezzlement,
or obtaining money, property, or credit by | ||||||
9 | false pretenses or by means of a
confidence
game.
| ||||||
10 | (3) Inability to practice the profession with | ||||||
11 | reasonable judgment, skill, or safety as a result of a | ||||||
12 | physical illness, including, but not limited to, | ||||||
13 | deterioration through the aging process or loss of motor | ||||||
14 | skill, or a mental illness or disability.
| ||||||
15 | (4) Practice under this Act as a licensee in a retail | ||||||
16 | sales establishment from an office, desk, or space that
is | ||||||
17 | not
separated from the main retail business by a separate | ||||||
18 | and distinct area within
the
establishment.
| ||||||
19 | (5) Having been disciplined by another state, the | ||||||
20 | District of Columbia, a territory, a foreign nation, or a | ||||||
21 | governmental agency authorized to impose discipline if at | ||||||
22 | least one of the grounds for that discipline is the same as | ||||||
23 | or
the
equivalent of one of the grounds for which a | ||||||
24 | licensee may be disciplined under this Act. A certified | ||||||
25 | copy of the record of the action by the other state or | ||||||
26 | jurisdiction shall be prima facie evidence thereof.
|
| |||||||
| |||||||
1 | (6) Engaging in the practice of real estate brokerage
| ||||||
2 | without a
license or after the licensee's license was | ||||||
3 | expired or while the license was
inoperative.
| ||||||
4 | (7) Cheating on or attempting to subvert the Real
| ||||||
5 | Estate License Exam or continuing education exam. | ||||||
6 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
7 | on the Real Estate License Exam or continuing education | ||||||
8 | exam
administered pursuant to this Act.
| ||||||
9 | (9) Advertising that is inaccurate, misleading, or | ||||||
10 | contrary to the provisions of the Act.
| ||||||
11 | (10) Making any substantial misrepresentation or | ||||||
12 | untruthful advertising.
| ||||||
13 | (11) Making any false promises of a character likely to | ||||||
14 | influence,
persuade,
or induce.
| ||||||
15 | (12) Pursuing a continued and flagrant course of | ||||||
16 | misrepresentation or the
making
of false promises through | ||||||
17 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
18 | (13) Any misleading or untruthful advertising, or | ||||||
19 | using any trade name or
insignia of membership in any real | ||||||
20 | estate organization of which the licensee is
not a member.
| ||||||
21 | (14) Acting for more than one party in a transaction | ||||||
22 | without providing
written
notice to all parties for whom | ||||||
23 | the licensee acts.
| ||||||
24 | (15) Representing or attempting to represent a broker | ||||||
25 | other than the
sponsoring broker.
| ||||||
26 | (16) Failure to account for or to remit any moneys or |
| |||||||
| |||||||
1 | documents coming into
his or her possession that belong to | ||||||
2 | others.
| ||||||
3 | (17) Failure to maintain and deposit in a special | ||||||
4 | account, separate and
apart from
personal and other | ||||||
5 | business accounts, all escrow moneys belonging to others
| ||||||
6 | entrusted to a licensee
while acting as a real estate | ||||||
7 | broker, escrow agent, or temporary custodian of
the funds | ||||||
8 | of others or
failure to maintain all escrow moneys on | ||||||
9 | deposit in the account until the
transactions are
| ||||||
10 | consummated or terminated, except to the extent that the | ||||||
11 | moneys, or any part
thereof, shall be: | ||||||
12 | (A)
disbursed prior to the consummation or | ||||||
13 | termination (i) in accordance with
the
written | ||||||
14 | direction of
the principals to the transaction or their | ||||||
15 | duly authorized agents, (ii) in accordance with
| ||||||
16 | directions providing for the
release, payment, or | ||||||
17 | distribution of escrow moneys contained in any written
| ||||||
18 | contract signed by the
principals to the transaction or | ||||||
19 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
20 | order of a court of competent
jurisdiction; or | ||||||
21 | (B) deemed abandoned and transferred to the Office | ||||||
22 | of the State Treasurer to be handled as unclaimed | ||||||
23 | property pursuant to the Uniform Disposition of | ||||||
24 | Unclaimed Property Act. Escrow moneys may be deemed | ||||||
25 | abandoned under this subparagraph (B) only: (i) in the | ||||||
26 | absence of disbursement under subparagraph (A); (ii) |
| |||||||
| |||||||
1 | in the absence of notice of the filing of any claim in | ||||||
2 | a court of competent jurisdiction; and (iii) if 6 | ||||||
3 | months have elapsed after the receipt of a written | ||||||
4 | demand for the escrow moneys from one of the principals | ||||||
5 | to the transaction or the principal's duly authorized | ||||||
6 | agent.
| ||||||
7 | The account
shall be noninterest
bearing, unless the | ||||||
8 | character of the deposit is such that payment of interest
| ||||||
9 | thereon is otherwise
required by law or unless the | ||||||
10 | principals to the transaction specifically
require, in | ||||||
11 | writing, that the
deposit be placed in an interest bearing | ||||||
12 | account.
| ||||||
13 | (18) Failure to make available to the Department all | ||||||
14 | escrow records and related documents
maintained in | ||||||
15 | connection
with the practice of real estate within 24 hours | ||||||
16 | of a request for those
documents by Department personnel.
| ||||||
17 | (19) Failing to furnish copies upon request of | ||||||
18 | documents relating to a
real
estate transaction to a party | ||||||
19 | who has executed that document.
| ||||||
20 | (20) Failure of a sponsoring broker to timely provide | ||||||
21 | information, sponsor
cards,
or termination of licenses to | ||||||
22 | the Department.
| ||||||
23 | (21) Engaging in dishonorable, unethical, or | ||||||
24 | unprofessional conduct of a
character
likely to deceive, | ||||||
25 | defraud, or harm the public.
| ||||||
26 | (22) Commingling the money or property of others with |
| |||||||
| |||||||
1 | his or her own money or property.
| ||||||
2 | (23) Employing any person on a purely temporary or | ||||||
3 | single deal basis as a
means
of evading the law regarding | ||||||
4 | payment of commission to nonlicensees on some
contemplated
| ||||||
5 | transactions.
| ||||||
6 | (24) Permitting the use of his or her license as a | ||||||
7 | broker to enable a
salesperson or
unlicensed person to | ||||||
8 | operate a real estate business without actual
| ||||||
9 | participation therein and control
thereof by the broker.
| ||||||
10 | (25) Any other conduct, whether of the same or a | ||||||
11 | different character from
that
specified in this Section, | ||||||
12 | that constitutes dishonest dealing.
| ||||||
13 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
14 | property without
the written
consent of an owner or his or | ||||||
15 | her duly authorized agent or advertising by any
means that | ||||||
16 | any property is
for sale or for rent without the written | ||||||
17 | consent of the owner or his or her
authorized agent.
| ||||||
18 | (27) Failing to provide information requested by the | ||||||
19 | Department, or otherwise respond to that request, within 30 | ||||||
20 | days of
the
request.
| ||||||
21 | (28) Advertising by means of a blind advertisement, | ||||||
22 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
23 | (29) Offering guaranteed sales plans, as defined in | ||||||
24 | clause (A) of
this subdivision (29), except to
the extent | ||||||
25 | hereinafter set forth:
| ||||||
26 | (A) A "guaranteed sales plan" is any real estate |
| |||||||
| |||||||
1 | purchase or sales plan
whereby a licensee enters into a | ||||||
2 | conditional or unconditional written contract
with a | ||||||
3 | seller, prior to entering into a brokerage agreement | ||||||
4 | with the seller, by the
terms of which a licensee | ||||||
5 | agrees to purchase a property of the seller within a
| ||||||
6 | specified period of time
at a specific price in the | ||||||
7 | event the property is not sold in accordance with
the | ||||||
8 | terms of a brokerage agreement to be entered into | ||||||
9 | between the sponsoring broker and the seller.
| ||||||
10 | (B) A licensee offering a guaranteed sales plan | ||||||
11 | shall provide the
details
and conditions of the plan in | ||||||
12 | writing to the party to whom the plan is
offered.
| ||||||
13 | (C) A licensee offering a guaranteed sales plan | ||||||
14 | shall provide to the
party
to whom the plan is offered | ||||||
15 | evidence of sufficient financial resources to
satisfy | ||||||
16 | the commitment to
purchase undertaken by the broker in | ||||||
17 | the plan.
| ||||||
18 | (D) Any licensee offering a guaranteed sales plan | ||||||
19 | shall undertake to
market the property of the seller | ||||||
20 | subject to the plan in the same manner in
which the | ||||||
21 | broker would
market any other property, unless the | ||||||
22 | agreement with the seller provides
otherwise.
| ||||||
23 | (E) The licensee cannot purchase seller's property | ||||||
24 | until the brokerage agreement has ended according to | ||||||
25 | its terms or is otherwise terminated. | ||||||
26 | (F) Any licensee who fails to perform on a |
| |||||||
| |||||||
1 | guaranteed sales plan in
strict accordance with its | ||||||
2 | terms shall be subject to all the penalties provided
in | ||||||
3 | this Act for
violations thereof and, in addition, shall | ||||||
4 | be subject to a civil fine payable
to the party injured | ||||||
5 | by the
default in an amount of up to $25,000.
| ||||||
6 | (30) Influencing or attempting to influence, by any | ||||||
7 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
8 | landlord, or tenant of real estate, in connection
with | ||||||
9 | viewing, buying, or
leasing real estate, so as to promote | ||||||
10 | or tend to promote the continuance
or maintenance of
| ||||||
11 | racially and religiously segregated housing or so as to | ||||||
12 | retard, obstruct, or
discourage racially
integrated | ||||||
13 | housing on or in any street, block, neighborhood, or | ||||||
14 | community.
| ||||||
15 | (31) Engaging in any act that constitutes a violation | ||||||
16 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
17 | Act, whether or not a complaint has
been filed with or
| ||||||
18 | adjudicated by the Human Rights Commission.
| ||||||
19 | (32) Inducing any party to a contract of sale or lease | ||||||
20 | or brokerage
agreement to
break the contract of sale or | ||||||
21 | lease or brokerage agreement for the purpose of
| ||||||
22 | substituting, in lieu
thereof, a new contract for sale or | ||||||
23 | lease or brokerage agreement with a third
party.
| ||||||
24 | (33) Negotiating a sale, exchange, or lease of real | ||||||
25 | estate directly with
any person
if the licensee knows that | ||||||
26 | the person has an exclusive brokerage
agreement with |
| |||||||
| |||||||
1 | another
broker, unless specifically authorized by that | ||||||
2 | broker.
| ||||||
3 | (34) When a licensee is also an attorney, acting as the | ||||||
4 | attorney for
either the
buyer or the seller in the same | ||||||
5 | transaction in which the licensee is acting or
has acted as | ||||||
6 | a broker
or salesperson.
| ||||||
7 | (35) Advertising or offering merchandise or services | ||||||
8 | as free if any
conditions or
obligations necessary for | ||||||
9 | receiving the merchandise or services are not
disclosed in | ||||||
10 | the same
advertisement or offer. These conditions or | ||||||
11 | obligations include without
limitation the
requirement | ||||||
12 | that the recipient attend a promotional activity or visit a | ||||||
13 | real
estate site. As used in this
subdivision (35), "free" | ||||||
14 | includes terms such as "award", "prize", "no charge",
"free | ||||||
15 | of charge",
"without charge", and similar words or phrases | ||||||
16 | that reasonably lead a person to
believe that he or she
may | ||||||
17 | receive or has been selected to receive something of value, | ||||||
18 | without any
conditions or
obligations on the part of the | ||||||
19 | recipient.
| ||||||
20 | (36) Disregarding or violating any provision of the | ||||||
21 | Land Sales
Registration Act of 1989, the Illinois Real | ||||||
22 | Estate
Time-Share Act, or the published rules promulgated | ||||||
23 | by the Department to enforce
those Acts.
| ||||||
24 | (37) Violating the terms of a disciplinary order
issued | ||||||
25 | by the Department.
| ||||||
26 | (38) Paying or failing to disclose compensation in |
| |||||||
| |||||||
1 | violation of Article 10 of this Act.
| ||||||
2 | (39) Requiring a party to a transaction who is not a | ||||||
3 | client of the
licensee
to allow the licensee to retain a | ||||||
4 | portion of the escrow moneys for payment of
the licensee's | ||||||
5 | commission or expenses as a condition for release of the | ||||||
6 | escrow
moneys to that party.
| ||||||
7 | (40) Disregarding or violating any provision of this | ||||||
8 | Act or the published
rules
promulgated by the Department to | ||||||
9 | enforce this Act or aiding or abetting any individual,
| ||||||
10 | partnership, registered limited liability partnership, | ||||||
11 | limited liability
company, or corporation in
disregarding | ||||||
12 | any provision of this Act or the published rules | ||||||
13 | promulgated by the Department
to enforce this Act.
| ||||||
14 | (41) Failing to provide the minimum services required | ||||||
15 | by Section 15-75 of this Act when acting under an exclusive | ||||||
16 | brokerage agreement.
| ||||||
17 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
18 | narcotics, stimulants, or any other chemical agent or drug | ||||||
19 | that results in a managing broker, broker, salesperson, or | ||||||
20 | leasing agent's inability to practice with reasonable | ||||||
21 | skill or safety. | ||||||
22 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
23 | defined in the Auction License Act, to conduct a real | ||||||
24 | estate auction in a manner that is in violation of this | ||||||
25 | Act. | ||||||
26 | (b) The Department may refuse to issue or renew or may |
| |||||||
| |||||||
1 | suspend the license of any person who fails to file a return, | ||||||
2 | pay the tax, penalty or interest shown in a filed return, or | ||||||
3 | pay any final assessment of tax, penalty, or interest, as | ||||||
4 | required by any tax Act administered by the Department of | ||||||
5 | Revenue, until such time as the requirements of that tax Act | ||||||
6 | are satisfied in accordance with subsection (g) of Section | ||||||
7 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
8 | (c) (Blank) The Department shall deny a license or renewal | ||||||
9 | authorized by this Act to a person who has defaulted on an | ||||||
10 | educational loan or scholarship provided or guaranteed by the | ||||||
11 | Illinois Student Assistance Commission or any governmental | ||||||
12 | agency of this State in accordance with item (5) of subsection | ||||||
13 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
14 | Illinois . | ||||||
15 | (d) In cases where the Department of Healthcare and Family | ||||||
16 | Services (formerly Department of Public Aid) has previously | ||||||
17 | determined that a licensee or a potential licensee is more than | ||||||
18 | 30 days delinquent in the payment of child support and has | ||||||
19 | subsequently certified the delinquency to the Department may | ||||||
20 | refuse to issue or renew or may revoke or suspend that person's | ||||||
21 | license or may take other disciplinary action against that | ||||||
22 | person based solely upon the certification of delinquency made | ||||||
23 | by the Department of Healthcare and Family Services in | ||||||
24 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
25 | of the Civil Administrative Code of Illinois. | ||||||
26 | (e) In enforcing this Section, the Department or Board upon |
| |||||||
| |||||||
1 | a showing of a possible violation may compel an individual | ||||||
2 | licensed to practice under this Act, or who has applied for | ||||||
3 | licensure under this Act, to submit to a mental or physical | ||||||
4 | examination, or both, as required by and at the expense of the | ||||||
5 | Department. The Department or Board may order the examining | ||||||
6 | physician to present testimony concerning the mental or | ||||||
7 | physical examination of the licensee or applicant. No | ||||||
8 | information shall be excluded by reason of any common law or | ||||||
9 | statutory privilege relating to communications between the | ||||||
10 | licensee or applicant and the examining physician. The | ||||||
11 | examining physicians shall be specifically designated by the | ||||||
12 | Board or Department. The individual to be examined may have, at | ||||||
13 | his or her own expense, another physician of his or her choice | ||||||
14 | present during all aspects of this examination. Failure of an | ||||||
15 | individual to submit to a mental or physical examination, when | ||||||
16 | directed, shall be grounds for suspension of his or her license | ||||||
17 | until the individual submits to the examination if the | ||||||
18 | Department finds, after notice and hearing, that the refusal to | ||||||
19 | submit to the examination was without reasonable cause. | ||||||
20 | If the Department or Board finds an individual unable to | ||||||
21 | practice because of the reasons set forth in this Section, the | ||||||
22 | Department or Board may require that individual to submit to | ||||||
23 | care, counseling, or treatment by physicians approved or | ||||||
24 | designated by the Department or Board, as a condition, term, or | ||||||
25 | restriction for continued, reinstated, or renewed licensure to | ||||||
26 | practice; or, in lieu of care, counseling, or treatment, the |
| |||||||
| |||||||
1 | Department may file, or the Board may recommend to the | ||||||
2 | Department to file, a complaint to immediately suspend, revoke, | ||||||
3 | or otherwise discipline the license of the individual. An | ||||||
4 | individual whose license was granted, continued, reinstated, | ||||||
5 | renewed, disciplined or supervised subject to such terms, | ||||||
6 | conditions, or restrictions, and who fails to comply with such | ||||||
7 | terms, conditions, or restrictions, shall be referred to the | ||||||
8 | Secretary for a determination as to whether the individual | ||||||
9 | shall have his or her license suspended immediately, pending a | ||||||
10 | hearing by the Department. | ||||||
11 | In instances in which the Secretary immediately suspends a | ||||||
12 | person's license under this Section, a hearing on that person's | ||||||
13 | license must be convened by the Department within 30 days after | ||||||
14 | the suspension and completed without appreciable delay. The | ||||||
15 | Department and Board shall have the authority to review the | ||||||
16 | subject individual's record of treatment and counseling | ||||||
17 | regarding the impairment to the extent permitted by applicable | ||||||
18 | federal statutes and regulations safeguarding the | ||||||
19 | confidentiality of medical records. | ||||||
20 | An individual licensed under this Act and affected under | ||||||
21 | this Section shall be afforded an opportunity to demonstrate to | ||||||
22 | the Department or Board that he or she can resume practice in | ||||||
23 | compliance with acceptable and prevailing standards under the | ||||||
24 | provisions of his or her license. | ||||||
25 | (Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12; | ||||||
26 | 98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | (225 ILCS 458/15-45 rep.)
| ||||||
2 | Section 180. The Real Estate Appraiser Licensing Act of | ||||||
3 | 2002 is amended by repealing Section 15-45.
| ||||||
4 | Section 185. The Radon Industry Licensing Act is amended by | ||||||
5 | changing Section 45 as follows:
| ||||||
6 | (420 ILCS 44/45)
| ||||||
7 | Sec. 45. Grounds for disciplinary action. The Agency may | ||||||
8 | refuse to
issue or to renew, or may revoke, suspend, or
take | ||||||
9 | other disciplinary action as the Agency may deem proper, | ||||||
10 | including
fines not to exceed $1,000 for each violation, with | ||||||
11 | regard to any license for
any one or combination of the | ||||||
12 | following causes:
| ||||||
13 | (a) Violation of this Act or its rules.
| ||||||
14 | (b) Conviction of a crime under the laws of any United | ||||||
15 | States jurisdiction
that is
a felony or of any crime that | ||||||
16 | directly relates to the practice of
detecting or reducing | ||||||
17 | the presence of radon or radon progeny.
| ||||||
18 | (c) Making a misrepresentation for the purpose of | ||||||
19 | obtaining a license.
| ||||||
20 | (d) Professional incompetence or gross negligence in | ||||||
21 | the practice of
detecting or reducing the presence of radon | ||||||
22 | or radon progeny.
| ||||||
23 | (e) Gross malpractice, prima facie evidence of which |
| |||||||
| |||||||
1 | may be a conviction or
judgment of malpractice in a court | ||||||
2 | of competent jurisdiction.
| ||||||
3 | (f) Aiding or assisting another person in violating a | ||||||
4 | provision of this
Act or its rules.
| ||||||
5 | (g) Failing, within 60 days, to provide information in | ||||||
6 | response to a written
request made by the Agency that has | ||||||
7 | been sent by
mail to the licensee's last known address.
| ||||||
8 | (h) Engaging in dishonorable, unethical, or | ||||||
9 | unprofessional conduct of a
character likely to deceive, | ||||||
10 | defraud, or harm the public.
| ||||||
11 | (i) Habitual or excessive use or addiction to alcohol, | ||||||
12 | narcotics,
stimulants,
or any other chemical agent or drug | ||||||
13 | that results in the inability to practice
with reasonable | ||||||
14 | judgment, skill, or safety.
| ||||||
15 | (j) Discipline by another United States jurisdiction | ||||||
16 | or foreign nation, if
at least
one of the grounds for the | ||||||
17 | discipline is the same or substantially equivalent
to those | ||||||
18 | set forth in this Section.
| ||||||
19 | (k) Directly or indirectly giving to or receiving from | ||||||
20 | a person any fee, commission, rebate, or other
form of | ||||||
21 | compensation for a professional service not actually or | ||||||
22 | personally
rendered.
| ||||||
23 | (l) A finding by the Agency that the licensee has | ||||||
24 | violated the terms of a license.
| ||||||
25 | (m) Conviction by a court of competent jurisdiction, | ||||||
26 | either within or
outside of this State, of a violation of a |
| |||||||
| |||||||
1 | law governing the practice of
detecting or reducing the | ||||||
2 | presence of radon or radon progeny if the Agency
determines | ||||||
3 | after investigation that
the person has not been | ||||||
4 | sufficiently rehabilitated to warrant the public
trust.
| ||||||
5 | (n) A finding by the Agency that a license has been | ||||||
6 | applied for or
obtained by fraudulent
means.
| ||||||
7 | (o) Practicing or attempting to practice under a name | ||||||
8 | other than the full
name as shown on the license or any | ||||||
9 | other authorized name.
| ||||||
10 | (p) Gross and willful overcharging for professional | ||||||
11 | services, including
filing false statements for collection | ||||||
12 | of fees or moneys for which services are
not rendered.
| ||||||
13 | (q) Failure to file a return or to pay the tax, | ||||||
14 | penalty, or interest shown
in a filed return, or to pay any | ||||||
15 | final assessment of tax, penalty, or interest,
as required | ||||||
16 | by a tax Act administered by the Department of Revenue,
| ||||||
17 | until such time as the requirements of any such tax Act are | ||||||
18 | satisfied.
| ||||||
19 | (r) (Blank) Failure to repay educational loans | ||||||
20 | guaranteed by the Illinois
Student Assistance Commission, | ||||||
21 | as provided in Section 80 of the Nuclear Safety Law of | ||||||
22 | 2004. However, the Agency may issue an original or
renewal | ||||||
23 | license if the person in default has established a | ||||||
24 | satisfactory
repayment
record as determined by the | ||||||
25 | Illinois Student Assistance Commission .
| ||||||
26 | (s) Failure to meet child support orders, as provided |
| |||||||
| |||||||
1 | in Section 10-65 of the Illinois Administrative Procedure | ||||||
2 | Act.
| ||||||
3 | (t) Failure to pay a fee or civil penalty properly | ||||||
4 | assessed by the Agency.
| ||||||
5 | (Source: P.A. 94-369, eff. 7-29-05.)
| ||||||
6 | Section 190. The Attorney Act is amended by changing | ||||||
7 | Section 1 as follows:
| ||||||
8 | (705 ILCS 205/1) (from Ch. 13, par. 1)
| ||||||
9 | Sec. 1. No person shall be permitted to practice as an | ||||||
10 | attorney or
counselor at law within this State without having | ||||||
11 | previously obtained a
license for that purpose from the Supreme | ||||||
12 | Court of this State.
| ||||||
13 | No person shall receive any compensation directly or | ||||||
14 | indirectly for any
legal services other than a regularly | ||||||
15 | licensed attorney, nor may an unlicensed person advertise or | ||||||
16 | hold himself or herself out to provide legal services.
| ||||||
17 | A license, as provided for herein, constitutes the person | ||||||
18 | receiving the
same an attorney and counselor at law, according | ||||||
19 | to the law and customs
thereof, for and during his good | ||||||
20 | behavior in the practice and authorizes
him to demand and | ||||||
21 | receive fees for any services which he may render as an
| ||||||
22 | attorney and counselor at law in this State. No person shall be | ||||||
23 | granted
a license or renewal authorized by this Act who has | ||||||
24 | defaulted on an
educational loan guaranteed by the Illinois |
| |||||||
| |||||||
1 | Student Assistance Commission;
however, a license or renewal | ||||||
2 | may be issued to the aforementioned persons
who have | ||||||
3 | established a satisfactory repayment record as determined by | ||||||
4 | the
Illinois Student Assistance Commission.
No person shall be | ||||||
5 | granted a license or renewal authorized by this Act who is
more | ||||||
6 | than 30 days delinquent in complying with a child support | ||||||
7 | order; a license
or renewal may be issued, however, if the | ||||||
8 | person has
established a satisfactory repayment record as | ||||||
9 | determined (i) by the Department of Healthcare and Family | ||||||
10 | Services (formerly Illinois
Department of Public Aid) for cases | ||||||
11 | being enforced under Article X of the
Illinois Public Aid Code | ||||||
12 | or (ii) in all other cases by order of court or by
written | ||||||
13 | agreement between the custodial parent and non-custodial | ||||||
14 | parent.
No person shall be refused a license under this Act on | ||||||
15 | account of sex.
| ||||||
16 | Any person practicing, charging or receiving fees for legal | ||||||
17 | services
or advertising or holding himself or herself out to | ||||||
18 | provide legal services within this State, either directly or | ||||||
19 | indirectly, without being licensed to
practice as herein | ||||||
20 | required, is guilty of contempt of court and shall be
punished | ||||||
21 | accordingly, upon complaint being filed in any Circuit Court of
| ||||||
22 | this State. The remedies available include, but are not limited | ||||||
23 | to: (i) appropriate equitable relief; (ii) a civil penalty not | ||||||
24 | to exceed $5,000, which shall be paid to the Illinois Equal | ||||||
25 | Justice Foundation; and (iii) actual damages. Such proceedings | ||||||
26 | shall be conducted in the Courts of the
respective counties |
| |||||||
| |||||||
1 | where the alleged contempt has been committed in the
same | ||||||
2 | manner as in cases of indirect contempt and with the right of | ||||||
3 | review
by the parties thereto.
| ||||||
4 | The provisions of this Act shall be in addition to other | ||||||
5 | remedies
permitted by law and shall not be construed to deprive | ||||||
6 | courts of this State
of their inherent right to punish for | ||||||
7 | contempt or to restrain the
unauthorized practice of law.
| ||||||
8 | Nothing in this Act shall be construed to conflict with, | ||||||
9 | amend, or modify Section 5 of the Corporation Practice of Law | ||||||
10 | Prohibition Act or prohibit representation of a
party by a | ||||||
11 | person who is not an attorney in a proceeding before either | ||||||
12 | panel
of the Illinois Labor Relations Board under the Illinois | ||||||
13 | Public Labor Relations Act, as now or
hereafter amended, the | ||||||
14 | Illinois Educational Labor Relations Board under the
Illinois | ||||||
15 | Educational Labor Relations Act, as now or hereafter amended, | ||||||
16 | the
State Civil Service Commission, the local Civil Service | ||||||
17 | Commissions, or the
University Civil Service Merit Board, to | ||||||
18 | the extent allowed pursuant to
rules and regulations | ||||||
19 | promulgated by those Boards and Commissions or the giving of | ||||||
20 | information, training, or advocacy or assistance in any | ||||||
21 | meetings or administrative proceedings held pursuant to the | ||||||
22 | federal Individuals with Disabilities Education Act, the | ||||||
23 | federal Rehabilitation Act of 1973, the federal Americans with | ||||||
24 | Disabilities Act of 1990, or the federal Social Security Act, | ||||||
25 | to the extent allowed by those laws or the federal regulations | ||||||
26 | or State statutes implementing those laws.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07; | ||||||
2 | 95-410, eff. 8-24-07.)
| ||||||
3 | Section 195. The Illinois Securities Law of 1953 is amended | ||||||
4 | by changing Section 8 as follows:
| ||||||
5 | (815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)
| ||||||
6 | Sec. 8.
Registration of dealers, limited Canadian dealers,
| ||||||
7 | salespersons, investment advisers, and investment adviser | ||||||
8 | representatives.
| ||||||
9 | A. Except as otherwise provided in this subsection A, every | ||||||
10 | dealer,
limited Canadian dealer, salesperson, investment | ||||||
11 | adviser,
and investment adviser representative shall be | ||||||
12 | registered as such with the
Secretary of State. No dealer or | ||||||
13 | salesperson need be registered as such when
offering or selling | ||||||
14 | securities in transactions
exempted by subsection A, B, C, D, | ||||||
15 | E, G, H, I, J, K, M, O, P, Q, R or S of
Section 4 of this Act, | ||||||
16 | provided that such dealer or salesperson is not
regularly | ||||||
17 | engaged in the business of offering or selling securities
in | ||||||
18 | reliance
upon the exemption set forth in subsection G or M of | ||||||
19 | Section 4 of this Act. No
dealer, issuer or controlling person | ||||||
20 | shall employ a salesperson unless such
salesperson is | ||||||
21 | registered as such with the Secretary of State or is employed
| ||||||
22 | for the purpose of offering or selling securities solely in
| ||||||
23 | transactions exempted by subsection A, B, C,
D, E, G, H, I, J, |
| |||||||
| |||||||
1 | K, L, M, O, P, Q, R or S of Section 4 of this Act;
provided that | ||||||
2 | such salesperson need not be registered when
effecting | ||||||
3 | transactions in this State limited to those transactions | ||||||
4 | described
in Section 15(h)(2) of the Federal 1934 Act or | ||||||
5 | engaging in the
offer or sale of securities in respect of which | ||||||
6 | he or she has beneficial
ownership and is a controlling person. | ||||||
7 | The Secretary of State may, by
rule, regulation or order and | ||||||
8 | subject to such terms, conditions, and
fees as
may be | ||||||
9 | prescribed in such rule, regulation or order, exempt from the
| ||||||
10 | registration requirements of this Section 8 any investment | ||||||
11 | adviser, if the
Secretary of State shall find that such | ||||||
12 | registration is not necessary in
the public interest by reason | ||||||
13 | of the small number of clients or otherwise
limited character | ||||||
14 | of operation of such investment adviser.
| ||||||
15 | B. An application for registration as a dealer or limited | ||||||
16 | Canadian
dealer, executed, verified, or
authenticated by or on | ||||||
17 | behalf of the applicant,
shall be filed with the Secretary of | ||||||
18 | State, in such form as the Secretary of
State may by rule, | ||||||
19 | regulation or order prescribe, setting forth or accompanied
by:
| ||||||
20 | (1) The name and address of the applicant, the location | ||||||
21 | of its principal
business office and all branch offices, if | ||||||
22 | any, and the
date of its organization;
| ||||||
23 | (2) A statement of any other Federal or state licenses | ||||||
24 | or
registrations
which have been granted the applicant and | ||||||
25 | whether any such licenses or
registrations have ever been |
| |||||||
| |||||||
1 | refused, cancelled, suspended, revoked or
withdrawn;
| ||||||
2 | (3) The assets and all liabilities, including | ||||||
3 | contingent
liabilities of
the applicant, as of a date not | ||||||
4 | more than 60 days prior to the filing of
the application;
| ||||||
5 | (4) (a) A brief description of any civil or criminal
| ||||||
6 | proceeding of which
fraud is an essential element pending | ||||||
7 | against the applicant and whether the
applicant has ever | ||||||
8 | been convicted of a felony, or of any misdemeanor of
which | ||||||
9 | fraud is an essential element;
| ||||||
10 | (b) A list setting forth the name, residence and | ||||||
11 | business address and
a 10 year occupational statement of | ||||||
12 | each principal of the applicant and a
statement describing | ||||||
13 | briefly any civil or criminal proceedings of which
fraud is | ||||||
14 | an essential element pending against any such principal and | ||||||
15 | the
facts concerning any conviction of any such principal | ||||||
16 | of a felony, or of
any misdemeanor of which fraud is an | ||||||
17 | essential element;
| ||||||
18 | (5) If the applicant is a corporation: a list
of its | ||||||
19 | officers and directors
setting forth the residence and | ||||||
20 | business address of each; a 10-year
occupational statement | ||||||
21 | of each such officer or director; and a
statement | ||||||
22 | describing briefly any civil or criminal proceedings of | ||||||
23 | which
fraud is an essential element pending against each | ||||||
24 | such officer or
director and the facts concerning any | ||||||
25 | conviction of any officer or director
of a felony, or of | ||||||
26 | any misdemeanor of which fraud is an essential element;
|
| |||||||
| |||||||
1 | (6) If the applicant is a sole proprietorship, a | ||||||
2 | partnership,
limited liability company, an unincorporated | ||||||
3 | association or any similar
form of business organization:
| ||||||
4 | the name, residence and business address of the proprietor | ||||||
5 | or of each
partner, member, officer, director, trustee or | ||||||
6 | manager; the limitations, if
any, of the liability of each | ||||||
7 | such individual; a 10-year occupational
statement of each | ||||||
8 | such individual; a statement describing briefly any civil
| ||||||
9 | or criminal proceedings of which fraud is an essential | ||||||
10 | element pending
against each such individual and the facts | ||||||
11 | concerning any conviction of
any such individual of a | ||||||
12 | felony, or of any misdemeanor of
which fraud is an | ||||||
13 | essential element;
| ||||||
14 | (7) Such additional information as the Secretary of
| ||||||
15 | State may by rule or regulation prescribe as necessary to | ||||||
16 | determine the
applicant's financial responsibility, | ||||||
17 | business repute and qualification to
act as a dealer.
| ||||||
18 | (8) (a) No applicant shall be registered or | ||||||
19 | re-registered as a
dealer or limited Canadian dealer
under | ||||||
20 | this Section unless and until each principal of the dealer | ||||||
21 | has
passed an examination conducted by the Secretary of | ||||||
22 | State or a
self-regulatory organization of securities | ||||||
23 | dealers or similar person, which
examination has been | ||||||
24 | designated by the Secretary of State by rule,
regulation or | ||||||
25 | order to be satisfactory for purposes of determining | ||||||
26 | whether
the applicant has sufficient knowledge of the |
| |||||||
| |||||||
1 | securities business and laws
relating thereto to act as a | ||||||
2 | registered dealer. Any dealer who was
registered on | ||||||
3 | September 30, 1963, and has continued to be so registered;
| ||||||
4 | and any principal of any registered dealer, who was acting | ||||||
5 | in such capacity
on and continuously since September 30, | ||||||
6 | 1963; and any individual who has
previously passed a | ||||||
7 | securities dealer examination administered by the
| ||||||
8 | Secretary of State or any examination designated by the | ||||||
9 | Secretary of State
to be satisfactory for purposes of | ||||||
10 | determining whether the applicant has
sufficient knowledge | ||||||
11 | of the securities business and laws relating thereto
to act | ||||||
12 | as a registered dealer by rule, regulation or order, shall | ||||||
13 | not be
required to pass an examination in order to continue | ||||||
14 | to act in such
capacity. The Secretary of State may by | ||||||
15 | order waive the examination
requirement for any principal | ||||||
16 | of an applicant for registration under this
subsection B | ||||||
17 | who has had such experience or education relating to the
| ||||||
18 | securities business as may be determined by the Secretary | ||||||
19 | of State to be
the equivalent of such examination. Any | ||||||
20 | request for such a waiver shall be
filed with the Secretary | ||||||
21 | of State in such form as may be prescribed by rule
or | ||||||
22 | regulation.
| ||||||
23 | (b) Unless an applicant is a member of the body | ||||||
24 | corporate known as the
Securities Investor Protection | ||||||
25 | Corporation established pursuant to the Act
of Congress of | ||||||
26 | the United States known as the Securities Investor
|
| |||||||
| |||||||
1 | Protection Act of 1970, as amended, a member of an | ||||||
2 | association of
dealers registered as a national securities | ||||||
3 | association pursuant to Section
15A of the Federal 1934 | ||||||
4 | Act,
or a member of a self-regulatory organization or stock | ||||||
5 | exchange in Canada
which the Secretary of State has | ||||||
6 | designated by rule or order,
an applicant shall not be | ||||||
7 | registered or
re-registered unless and until there is filed | ||||||
8 | with the Secretary of State
evidence that such applicant | ||||||
9 | has in effect insurance or other equivalent
protection for | ||||||
10 | each client's cash or securities held by such applicant, | ||||||
11 | and
an undertaking that such applicant will continually | ||||||
12 | maintain such insurance
or other protection during the | ||||||
13 | period of registration or re-registration.
Such insurance | ||||||
14 | or other protection shall be in a form and amount | ||||||
15 | reasonably
prescribed by the Secretary of State by rule or | ||||||
16 | regulation.
| ||||||
17 | (9) The application for the registration of a dealer or | ||||||
18 | limited Canadian
dealer shall be
accompanied by a filing | ||||||
19 | fee and a fee for each branch office in this State, in
each | ||||||
20 | case in the amount established pursuant to Section 11a of | ||||||
21 | this
Act, which fees shall not be returnable in any event.
| ||||||
22 | (10) The Secretary of State shall notify the dealer or | ||||||
23 | limited Canadian
dealer by written notice (which may be by | ||||||
24 | electronic or
facsimile transmission) of the effectiveness | ||||||
25 | of the registration as a dealer in
this State.
| ||||||
26 | (11) Any change which renders no longer accurate any
|
| |||||||
| |||||||
1 | information
contained in any application for registration | ||||||
2 | or re-registration of a
dealer or limited Canadian dealer | ||||||
3 | shall be reported to the Secretary of
State within 10 | ||||||
4 | business days
after the occurrence of such change; but in | ||||||
5 | respect to assets and
liabilities only materially adverse | ||||||
6 | changes need be reported.
| ||||||
7 | C. Any registered dealer, limited Canadian dealer, issuer, | ||||||
8 | or
controlling person desiring to
register a salesperson shall | ||||||
9 | file an application with the Secretary of
State, in such form | ||||||
10 | as the Secretary of State may by rule or regulation
prescribe, | ||||||
11 | which the salesperson is required by this Section to provide
to | ||||||
12 | the dealer, issuer, or controlling person, executed, verified, | ||||||
13 | or
authenticated by the salesperson setting forth or
| ||||||
14 | accompanied by:
| ||||||
15 | (1) the name, residence and business address of the | ||||||
16 | salesperson;
| ||||||
17 | (2) whether any federal or State license or | ||||||
18 | registration as dealer,
limited Canadian dealer, or | ||||||
19 | salesperson has ever been refused the salesperson
or | ||||||
20 | cancelled, suspended, revoked, withdrawn, barred, limited, | ||||||
21 | or
otherwise adversely affected in a similar manner or | ||||||
22 | whether the salesperson has
ever been censured or expelled;
| ||||||
23 | (3) the nature of employment with, and names and | ||||||
24 | addresses of, employers
of the salesperson for the 10 years | ||||||
25 | immediately preceding the date of
application;
|
| |||||||
| |||||||
1 | (4) a brief description of any civil or criminal | ||||||
2 | proceedings of which
fraud is an essential element pending | ||||||
3 | against the salesperson, and whether
the salesperson has | ||||||
4 | ever been convicted of a felony, or of any misdemeanor
of | ||||||
5 | which fraud is an essential element;
| ||||||
6 | (5) such additional information as the Secretary of | ||||||
7 | State may by rule,
regulation or order prescribe as | ||||||
8 | necessary to determine the salesperson's
business repute | ||||||
9 | and qualification to act as a salesperson; and
| ||||||
10 | (6) no individual shall be registered or re-registered | ||||||
11 | as a
salesperson
under this Section unless and until such | ||||||
12 | individual has passed an
examination conducted by the | ||||||
13 | Secretary of State or a self-regulatory
organization of | ||||||
14 | securities dealers or similar person, which examination | ||||||
15 | has
been designated by the Secretary of State by rule, | ||||||
16 | regulation or order to be
satisfactory for purposes of | ||||||
17 | determining whether the applicant has
sufficient knowledge | ||||||
18 | of the securities business and laws relating thereto
to act | ||||||
19 | as a registered salesperson.
| ||||||
20 | Any salesperson who was registered prior to September | ||||||
21 | 30, 1963, and has
continued to be so registered, and any | ||||||
22 | individual who has passed a securities
salesperson
| ||||||
23 | examination administered by the Secretary of State or an | ||||||
24 | examination
designated by the Secretary of State by rule, | ||||||
25 | regulation or order to be
satisfactory for purposes of | ||||||
26 | determining whether the applicant has
sufficient knowledge |
| |||||||
| |||||||
1 | of the securities business and laws relating thereto
to act | ||||||
2 | as a registered salesperson, shall not be required to pass | ||||||
3 | an
examination in order to continue to act as a | ||||||
4 | salesperson. The Secretary of
State may by order waive the | ||||||
5 | examination requirement for any applicant for
registration | ||||||
6 | under this subsection C who has had such experience or
| ||||||
7 | education relating to the securities business as may be | ||||||
8 | determined by the
Secretary of State to be the equivalent | ||||||
9 | of such examination. Any request
for such a waiver shall be | ||||||
10 | filed with the Secretary of State in such form
as may be | ||||||
11 | prescribed by rule, regulation or order.
| ||||||
12 | (7) The application for registration of a salesperson | ||||||
13 | shall be
accompanied
by a filing fee and a Securities Audit | ||||||
14 | and Enforcement Fund fee, each
in the amount established | ||||||
15 | pursuant to Section 11a of this Act, which shall
not be | ||||||
16 | returnable in any event.
| ||||||
17 | (8) Any change which renders no longer accurate any
| ||||||
18 | information
contained in any application for registration | ||||||
19 | or re-registration as a
salesperson shall be reported to | ||||||
20 | the Secretary of State within 10 business
days after the | ||||||
21 | occurrence of such change. If the activities are terminated
| ||||||
22 | which rendered an individual a salesperson for the dealer, | ||||||
23 | issuer or
controlling person, the dealer, issuer or | ||||||
24 | controlling person, as the case
may be, shall notify the | ||||||
25 | Secretary of State, in writing, within 30 days of
the | ||||||
26 | salesperson's cessation of activities, using the |
| |||||||
| |||||||
1 | appropriate termination
notice form.
| ||||||
2 | (9) A registered salesperson may transfer his or her
| ||||||
3 | registration
under this Section 8 for the unexpired term | ||||||
4 | thereof from one registered
dealer or limited Canadian | ||||||
5 | dealer to another by the giving of notice of the
transfer | ||||||
6 | by the new
registered dealer or limited Canadian dealer to | ||||||
7 | the Secretary of State in
such form and subject to
such | ||||||
8 | conditions as the Secretary of State shall by rule or | ||||||
9 | regulation
prescribe. The new registered dealer or limited | ||||||
10 | Canadian dealer shall
promptly file an application
for | ||||||
11 | registration of such salesperson as provided in this | ||||||
12 | subsection C,
accompanied by the filing fee prescribed by | ||||||
13 | paragraph (7) of this
subsection C.
| ||||||
14 | C-5. Except with respect to federal covered investment | ||||||
15 | advisers whose only
clients
are investment companies as defined | ||||||
16 | in the Federal 1940 Act, other investment
advisers, federal | ||||||
17 | covered investment advisers, or any similar person which the
| ||||||
18 | Secretary of State may prescribe by rule or order, a federal | ||||||
19 | covered investment
adviser shall file with the Secretary of | ||||||
20 | State, prior to acting as a federal
covered investment adviser | ||||||
21 | in this State, such documents as have been filed
with the | ||||||
22 | Securities and Exchange Commission as the Secretary of State by | ||||||
23 | rule
or order may prescribe. The notification of a federal | ||||||
24 | covered investment
adviser shall be accompanied by a | ||||||
25 | notification filing fee established pursuant
to Section 11a of |
| |||||||
| |||||||
1 | this Act, which shall not be returnable in any event. Every
| ||||||
2 | person acting as a federal covered investment adviser in this | ||||||
3 | State shall file
a notification filing and pay an annual | ||||||
4 | notification filing fee established
pursuant to Section 11a of | ||||||
5 | this Act, which is not
returnable in any event. The failure to | ||||||
6 | file any such notification shall
constitute a violation of | ||||||
7 | subsection D of Section 12 of this Act, subject to
the | ||||||
8 | penalties enumerated in Section 14 of this Act.
Until October | ||||||
9 | 10, 1999 or other date as may be legally permissible, a
federal | ||||||
10 | covered investment adviser who fails to file the notification | ||||||
11 | or
refuses to pay the fees as required by this subsection shall | ||||||
12 | register as an
investment adviser with the Secretary of State | ||||||
13 | under Section 8 of this
Act.
The civil remedies
provided for in | ||||||
14 | subsection A of Section 13 of this Act and the civil remedies
| ||||||
15 | of rescission and appointment of receiver, conservator, | ||||||
16 | ancillary receiver, or
ancillary conservator provided for in | ||||||
17 | subsection F of Section 13 of this Act
shall not be available | ||||||
18 | against any person by reason of the failure to file any
such | ||||||
19 | notification or to pay the notification fee or on account of | ||||||
20 | the contents
of any such notification.
| ||||||
21 | D. An application for registration as an investment | ||||||
22 | adviser,
executed, verified, or authenticated by or on behalf | ||||||
23 | of the applicant, shall be
filed with
the Secretary of State, | ||||||
24 | in such form
as the Secretary of State may by rule or | ||||||
25 | regulation prescribe, setting
forth or accompanied by:
|
| |||||||
| |||||||
1 | (1) The name and form of organization under which the | ||||||
2 | investment adviser
engages or intends to engage in | ||||||
3 | business; the state or country and date of
its | ||||||
4 | organization; the location
of the adviser's principal | ||||||
5 | business office and branch offices, if any; the
names and | ||||||
6 | addresses of the adviser's principal, partners, officers,
| ||||||
7 | directors, and persons performing similar functions or, if | ||||||
8 | the
investment adviser is an individual, of the individual; | ||||||
9 | and the
number of the adviser's employees who perform | ||||||
10 | investment advisory functions;
| ||||||
11 | (2) The education, the business affiliations for the | ||||||
12 | past 10 years, and
the present business affiliations of the | ||||||
13 | investment adviser and of
the adviser's principal, | ||||||
14 | partners, officers, directors, and persons
performing | ||||||
15 | similar functions and of any person controlling the
| ||||||
16 | investment adviser;
| ||||||
17 | (3) The nature of the business of the investment | ||||||
18 | adviser,
including the manner of giving advice and | ||||||
19 | rendering analyses or reports;
| ||||||
20 | (4) The nature and scope of the authority of the | ||||||
21 | investment
adviser with respect to clients' funds and | ||||||
22 | accounts;
| ||||||
23 | (5) The basis or bases upon which the investment | ||||||
24 | adviser is
compensated;
| ||||||
25 | (6) Whether the investment adviser or any principal,
| ||||||
26 | partner, officer, director, person performing similar |
| |||||||
| |||||||
1 | functions or person
controlling the investment adviser (i) | ||||||
2 | within 10 years of the
filing of the application has been | ||||||
3 | convicted of a felony, or of
any misdemeanor of which fraud | ||||||
4 | is an essential element, or (ii) is
permanently or | ||||||
5 | temporarily enjoined by order or judgment from acting as an
| ||||||
6 | investment adviser, underwriter, dealer, principal or | ||||||
7 | salesperson, or
from engaging in or continuing any conduct | ||||||
8 | or practice in connection with
any such activity or in | ||||||
9 | connection with the purchase or sale of any
security, and | ||||||
10 | in each case the facts relating to the conviction,
order or | ||||||
11 | judgment;
| ||||||
12 | (7) (a) A statement as to whether the investment | ||||||
13 | adviser is
engaged or is to engage primarily in the | ||||||
14 | business of rendering investment
supervisory services; and
| ||||||
15 | (b) A statement that the investment adviser will | ||||||
16 | furnish his,
her, or its clients with such information as | ||||||
17 | the Secretary of State
deems necessary in the form | ||||||
18 | prescribed by the
Secretary of State by rule or regulation;
| ||||||
19 | (8) Such additional information as the Secretary of | ||||||
20 | State may, by rule,
regulation or order prescribe as | ||||||
21 | necessary to determine the applicant's
financial | ||||||
22 | responsibility, business repute and qualification to act | ||||||
23 | as an
investment adviser.
| ||||||
24 | (9) No applicant shall be registered or re-registered | ||||||
25 | as an investment
adviser under this Section unless and | ||||||
26 | until each principal of the applicant
who is actively |
| |||||||
| |||||||
1 | engaged in the conduct and management of the applicant's
| ||||||
2 | advisory business in this State has passed an examination | ||||||
3 | or completed an
educational program conducted by the | ||||||
4 | Secretary of State or an association
of investment advisers | ||||||
5 | or similar person, which examination or educational
| ||||||
6 | program has been designated by the Secretary of State by | ||||||
7 | rule, regulation
or order to be satisfactory for purposes | ||||||
8 | of determining whether the
applicant has sufficient | ||||||
9 | knowledge of the securities business and laws
relating | ||||||
10 | thereto to conduct the business of a registered investment | ||||||
11 | adviser.
| ||||||
12 | Any person who was a registered investment adviser | ||||||
13 | prior to September 30,
1963, and has continued to be so | ||||||
14 | registered, and any individual who has
passed an investment | ||||||
15 | adviser examination administered by the Secretary of
| ||||||
16 | State, or passed an examination or completed an educational | ||||||
17 | program
designated by the Secretary of State by rule, | ||||||
18 | regulation or order to be
satisfactory for purposes of | ||||||
19 | determining whether the applicant has
sufficient knowledge | ||||||
20 | of the securities business and laws relating thereto
to | ||||||
21 | conduct the business of a registered investment adviser, | ||||||
22 | shall not be
required to pass an examination or complete an | ||||||
23 | educational program in
order to continue to act as an | ||||||
24 | investment adviser. The Secretary of State
may by order | ||||||
25 | waive the examination or educational program requirement | ||||||
26 | for any
applicant for registration under this subsection D |
| |||||||
| |||||||
1 | if the principal
of the applicant who is actively engaged | ||||||
2 | in the conduct and management of the
applicant's advisory | ||||||
3 | business in this State has had such experience
or education | ||||||
4 | relating to the securities business as may be determined by | ||||||
5 | the
Secretary of State to be the equivalent of the | ||||||
6 | examination or
educational program. Any request for a | ||||||
7 | waiver shall be filed
with the Secretary of State in such | ||||||
8 | form as may be prescribed by
rule or regulation.
| ||||||
9 | (10) No applicant shall be registered or re-registered | ||||||
10 | as an
investment adviser under this Section 8 unless the | ||||||
11 | application for
registration or re-registration is | ||||||
12 | accompanied by an application for
registration or | ||||||
13 | re-registration for each person
acting as an investment | ||||||
14 | adviser representative on
behalf of the adviser and
a | ||||||
15 | Securities Audit and Enforcement Fund fee that shall not be | ||||||
16 | returnable in any
event is paid with respect to each | ||||||
17 | investment adviser representative.
| ||||||
18 | (11) The application for registration of an investment | ||||||
19 | adviser shall be
accompanied by a filing fee and a fee for | ||||||
20 | each branch office in this State, in
each case in the | ||||||
21 | amount established pursuant to Section 11a of this
Act, | ||||||
22 | which fees shall not be returnable in any event.
| ||||||
23 | (12) The Secretary of State shall notify the investment | ||||||
24 | adviser by written
notice (which may be by electronic or | ||||||
25 | facsimile transmission)
of
the effectiveness of the | ||||||
26 | registration as an investment adviser in this State.
|
| |||||||
| |||||||
1 | (13) Any change which renders no longer accurate any | ||||||
2 | information contained
in any application for registration | ||||||
3 | or re-registration of an investment adviser
shall be | ||||||
4 | reported to the Secretary of State within 10 business days | ||||||
5 | after the
occurrence of the change. In respect to assets | ||||||
6 | and liabilities of
an investment adviser that retains | ||||||
7 | custody of clients' cash or
securities or accepts | ||||||
8 | pre-payment of fees in excess of $500 per client and
6 or | ||||||
9 | more months in advance only materially adverse changes need | ||||||
10 | be reported by
written notice (which may be by electronic | ||||||
11 | or facsimile
transmission) no later
than the close of | ||||||
12 | business on the second business day following the discovery
| ||||||
13 | thereof.
| ||||||
14 | (14) Each application for registration as an | ||||||
15 | investment adviser shall
become effective automatically on | ||||||
16 | the 45th day following the filing of the
application, | ||||||
17 | required documents or information, and payment of the | ||||||
18 | required
fee unless (i) the Secretary of State has | ||||||
19 | registered the investment adviser
prior to that date or | ||||||
20 | (ii) an action with respect to the applicant is
pending | ||||||
21 | under Section 11 of this Act.
| ||||||
22 | D-5. A registered investment adviser or federal covered | ||||||
23 | investment adviser
desiring to register an investment adviser | ||||||
24 | representative shall file an
application with the Secretary of | ||||||
25 | State, in the form as the Secretary of State
may by rule or |
| |||||||
| |||||||
1 | order prescribe, which the investment adviser representative | ||||||
2 | is
required by this Section to provide to the investment | ||||||
3 | adviser, executed,
verified, or authenticated by the | ||||||
4 | investment adviser representative and setting
forth or | ||||||
5 | accompanied by:
| ||||||
6 | (1) The name, residence, and business address of the | ||||||
7 | investment
adviser representative;
| ||||||
8 | (2) A statement whether any federal or state license or | ||||||
9 | registration as a
dealer, salesperson, investment adviser, | ||||||
10 | or investment adviser representative
has ever been | ||||||
11 | refused, canceled, suspended, revoked or withdrawn;
| ||||||
12 | (3) The nature of employment with, and names and | ||||||
13 | addresses of,
employers of the investment adviser | ||||||
14 | representative for the 10 years immediately
preceding the | ||||||
15 | date of application;
| ||||||
16 | (4) A brief description of any civil or criminal | ||||||
17 | proceedings, of which
fraud is an essential element, | ||||||
18 | pending against the investment adviser
representative and | ||||||
19 | whether the investment adviser representative has ever | ||||||
20 | been
convicted of a felony or of any misdemeanor of which | ||||||
21 | fraud is an essential
element;
| ||||||
22 | (5) Such additional information as the Secretary of | ||||||
23 | State may by rule or
order prescribe as necessary to | ||||||
24 | determine the investment adviser
representative's business | ||||||
25 | repute or qualification to act as an investment
adviser | ||||||
26 | representative;
|
| |||||||
| |||||||
1 | (6) Documentation that the individual has passed an | ||||||
2 | examination conducted
by the Secretary of State, an | ||||||
3 | organization of investment advisers, or similar
person, | ||||||
4 | which examination has been designated by the Secretary of | ||||||
5 | State by rule
or order to be satisfactory for purposes of | ||||||
6 | determining whether the
applicant has sufficient knowledge | ||||||
7 | of the investment advisory or securities
business and laws | ||||||
8 | relating to that business to act as a registered investment
| ||||||
9 | adviser representative; and
| ||||||
10 | (7) A Securities Audit and Enforcement Fund fee | ||||||
11 | established under
Section 11a of this Act, which shall not | ||||||
12 | be returnable in any event.
| ||||||
13 | The Secretary of State may by order waive the examination | ||||||
14 | requirement for an
applicant for registration under this | ||||||
15 | subsection D-5 who has had the experience
or education relating | ||||||
16 | to the investment advisory or securities business as may
be | ||||||
17 | determined by the Secretary of State to be the equivalent of | ||||||
18 | the
examination. A request for a waiver shall be filed with the | ||||||
19 | Secretary of State
in the form as may be prescribed by rule or | ||||||
20 | order.
| ||||||
21 | A change that renders no longer accurate any information | ||||||
22 | contained in any
application for registration or | ||||||
23 | re-registration as an investment adviser
representative must | ||||||
24 | be reported to the Secretary of State within 10 business
days | ||||||
25 | after the occurrence of the change. If the activities that | ||||||
26 | rendered an
individual an investment adviser representative |
| |||||||
| |||||||
1 | for the investment adviser are
terminated, the investment | ||||||
2 | adviser shall notify the Secretary of State in
writing (which | ||||||
3 | may be by electronic or facsimile transmission), within 30 days
| ||||||
4 | of the investment adviser representative's termination, using | ||||||
5 | the
appropriate termination notice form as the Secretary of | ||||||
6 | State may prescribe by
rule or order.
| ||||||
7 | A registered investment adviser representative may | ||||||
8 | transfer his or her
registration under this Section 8 for the | ||||||
9 | unexpired term of the registration
from one registered | ||||||
10 | investment adviser to another by the giving of notice of
the | ||||||
11 | transfer by the new investment adviser to the Secretary of | ||||||
12 | State in the
form and subject to the conditions as the | ||||||
13 | Secretary of State shall prescribe.
The new registered | ||||||
14 | investment adviser shall promptly file an application for
| ||||||
15 | registration of the investment adviser representative as | ||||||
16 | provided in this
subsection, accompanied by the Securities | ||||||
17 | Audit and Enforcement Fund fee
prescribed by paragraph (7) of | ||||||
18 | this
subsection D-5.
| ||||||
19 | E. (1) Subject to the provisions of subsection F of Section | ||||||
20 | 11 of
this Act, the registration of a dealer, limited Canadian | ||||||
21 | dealer,
salesperson, investment adviser, or investment adviser
| ||||||
22 | representative may be denied, suspended or revoked if the | ||||||
23 | Secretary of State
finds that the dealer, limited Canadian | ||||||
24 | dealer, salesperson,
investment adviser, or investment adviser | ||||||
25 | representative or any
principal officer, director, partner, |
| |||||||
| |||||||
1 | member, trustee, manager or any
person who performs a similar | ||||||
2 | function of the dealer, limited Canadian
dealer, or investment | ||||||
3 | adviser:
| ||||||
4 | (a) has been convicted of any felony
during the 10 year | ||||||
5 | period preceding the date of filing of any application for
| ||||||
6 | registration or at any time thereafter, or of any | ||||||
7 | misdemeanor of
which fraud is an essential element;
| ||||||
8 | (b) has engaged in any unethical practice in connection | ||||||
9 | with any
security, or in any fraudulent business practice;
| ||||||
10 | (c) has failed to account for any money or property, or | ||||||
11 | has failed to
deliver any security, to any person entitled | ||||||
12 | thereto when due or within
a reasonable time thereafter;
| ||||||
13 | (d) in the case of a dealer, limited Canadian dealer, | ||||||
14 | or investment
adviser, is insolvent;
| ||||||
15 | (e) in the case of a dealer, limited Canadian dealer,
| ||||||
16 | salesperson, or registered principal of a dealer or
limited | ||||||
17 | Canadian dealer
(i) has
failed
reasonably to supervise the
| ||||||
18 | securities activities of any of its salespersons or other | ||||||
19 | employees and the
failure
has permitted or facilitated a | ||||||
20 | violation of Section 12 of this Act or (ii) is
offering or | ||||||
21 | selling or has offered or sold securities in this
State | ||||||
22 | through a salesperson other than a registered salesperson, | ||||||
23 | or, in
the case of a salesperson, is selling or has sold | ||||||
24 | securities in this State
for a dealer, limited Canadian | ||||||
25 | dealer, issuer or controlling person with
knowledge that | ||||||
26 | the
dealer, limited Canadian dealer, issuer or controlling |
| |||||||
| |||||||
1 | person has not
complied with the provisions of
this Act
or | ||||||
2 | (iii) has failed reasonably to supervise the
| ||||||
3 | implementation of compliance measures following notice by
| ||||||
4 | the Secretary of State of noncompliance with the Act or
| ||||||
5 | with the regulations promulgated thereunder or both or (iv) | ||||||
6 | has failed to
maintain and enforce written procedures to | ||||||
7 | supervise the types of
business in which it engages and to | ||||||
8 | supervise the activities of its
salespersons that are | ||||||
9 | reasonably designed to achieve compliance with applicable
| ||||||
10 | securities laws and regulations;
| ||||||
11 | (f) in the case of an investment adviser, has failed | ||||||
12 | reasonably to
supervise the advisory activities of any of | ||||||
13 | its investment adviser
representatives or employees and | ||||||
14 | the
failure has permitted or facilitated a violation of | ||||||
15 | Section 12 of this Act;
| ||||||
16 | (g) has violated any of the provisions of this Act;
| ||||||
17 | (h) has made any material misrepresentation to the | ||||||
18 | Secretary of State
in connection with any information | ||||||
19 | deemed necessary by the Secretary of
State to determine a | ||||||
20 | dealer's, limited Canadian dealer's, or investment
| ||||||
21 | adviser's financial responsibility
or a dealer's, limited | ||||||
22 | Canadian dealer's, investment adviser's,
salesperson's, or | ||||||
23 | investment
adviser representative's business repute or
| ||||||
24 | qualifications, or has refused to furnish any such | ||||||
25 | information
requested by the Secretary of State;
| ||||||
26 | (i) has had a license or registration under any Federal |
| |||||||
| |||||||
1 | or State law
regulating securities, commodity futures
| ||||||
2 | contracts,
or stock futures contracts refused, cancelled, | ||||||
3 | suspended, withdrawn,
revoked, or otherwise
adversely | ||||||
4 | affected in a similar manner;
| ||||||
5 | (j) has had membership
in or
association with any | ||||||
6 | self-regulatory
organization registered under the Federal | ||||||
7 | 1934 Act or the Federal 1974 Act
suspended, revoked, | ||||||
8 | refused, expelled, cancelled, barred, limited in any
| ||||||
9 | capacity, or
otherwise adversely affected in a similar | ||||||
10 | manner
arising from any fraudulent or deceptive act or a | ||||||
11 | practice in violation of
any rule, regulation or standard | ||||||
12 | duly promulgated by the self-regulatory
organization;
| ||||||
13 | (k) has had any order entered against it after notice | ||||||
14 | and opportunity
for hearing by a securities agency of any | ||||||
15 | state, any foreign government
or agency thereof, the | ||||||
16 | Securities and Exchange Commission, or the Federal
| ||||||
17 | Commodities Futures Trading Commission arising from any | ||||||
18 | fraudulent or
deceptive act or a practice in violation of | ||||||
19 | any statute, rule or regulation
administered or | ||||||
20 | promulgated by the agency or commission;
| ||||||
21 | (l) in the case of a dealer or limited Canadian dealer, | ||||||
22 | fails to
maintain a minimum net capital
in an amount which | ||||||
23 | the Secretary of State may by rule or regulation require;
| ||||||
24 | (m) has conducted a continuing course of dealing of | ||||||
25 | such
nature as to demonstrate an inability to properly | ||||||
26 | conduct the business of
the dealer, limited Canadian |
| |||||||
| |||||||
1 | dealer, salesperson, investment
adviser,
or investment | ||||||
2 | adviser representative;
| ||||||
3 | (n) has had, after notice and opportunity for hearing, | ||||||
4 | any injunction or
order entered against it or license or | ||||||
5 | registration refused, cancelled,
suspended, revoked, | ||||||
6 | withdrawn, limited, or otherwise adversely
affected in a | ||||||
7 | similar manner by any state or federal body,
agency or | ||||||
8 | commission regulating banking, insurance, finance or small | ||||||
9 | loan
companies, real estate or mortgage brokers or | ||||||
10 | companies, if the
action resulted from any act found by the | ||||||
11 | body, agency or
commission to be a fraudulent or deceptive | ||||||
12 | act or practice in violation of
any statute, rule or | ||||||
13 | regulation administered or
promulgated by the body, agency | ||||||
14 | or commission;
| ||||||
15 | (o) has failed to file a return, or to pay the tax, | ||||||
16 | penalty or interest
shown in a filed return, or to pay any | ||||||
17 | final assessment of tax, penalty or
interest, as required | ||||||
18 | by any tax Act administered by the Illinois
Department of | ||||||
19 | Revenue, until such time as the requirements of
that tax | ||||||
20 | Act are satisfied;
| ||||||
21 | (p) (blank) in the case of a natural person who is a | ||||||
22 | dealer, limited Canadian
dealer, salesperson,
investment | ||||||
23 | adviser, or investment adviser representative, has | ||||||
24 | defaulted on
an educational loan guaranteed by the
Illinois | ||||||
25 | Student Assistance Commission, until the
natural person | ||||||
26 | has established a satisfactory repayment record as |
| |||||||
| |||||||
1 | determined by
the Illinois Student Assistance Commission ;
| ||||||
2 | (q) has failed to maintain the books and records | ||||||
3 | required under this Act
or rules or regulations promulgated | ||||||
4 | under this Act or under any requirements
established by the | ||||||
5 | Securities and Exchange Commission or a self-regulatory
| ||||||
6 | organization;
| ||||||
7 | (r) has refused to allow or otherwise impeded designees | ||||||
8 | of the Secretary
of
State from conducting an audit, | ||||||
9 | examination, inspection, or investigation
provided for | ||||||
10 | under Section 8 or 11 of this Act;
| ||||||
11 | (s) has failed to maintain any minimum net capital or | ||||||
12 | bond requirement set
forth in this Act or any rule or | ||||||
13 | regulation promulgated under this Act;
| ||||||
14 | (t) has refused the Secretary of State or his or her | ||||||
15 | designee access to
any office or location within an office | ||||||
16 | to conduct an investigation, audit,
examination, or | ||||||
17 | inspection;
| ||||||
18 | (u) has advised or caused a public pension fund or | ||||||
19 | retirement system
established under the Illinois Pension | ||||||
20 | Code to make an investment or engage in
a transaction not | ||||||
21 | authorized by that Code;
| ||||||
22 | (v) if a corporation, limited liability company, or | ||||||
23 | limited liability
partnership has been suspended, | ||||||
24 | canceled, revoked, or has failed to register as
a foreign
| ||||||
25 | corporation, limited liability company, or limited | ||||||
26 | liability partnership
with the Secretary
of State;
|
| |||||||
| |||||||
1 | (w) is permanently or temporarily enjoined by any court | ||||||
2 | of competent
jurisdiction, including any state, federal, | ||||||
3 | or foreign government, from
engaging
in or continuing any | ||||||
4 | conduct or practice involving any aspect of the securities
| ||||||
5 | or commodities business or in any other business where the | ||||||
6 | conduct or practice
enjoined involved investments, | ||||||
7 | franchises, insurance, banking, or finance;
| ||||||
8 | (2) If the Secretary of State finds that any registrant or | ||||||
9 | applicant for
registration is no longer in existence or has | ||||||
10 | ceased to do business as a
dealer, limited Canadian dealer, | ||||||
11 | salesperson, investment
adviser, or investment adviser | ||||||
12 | representative, or is subject to an
adjudication
as a person | ||||||
13 | under legal disability or to the control of a
guardian, or | ||||||
14 | cannot be located after reasonable search, or has failed
after | ||||||
15 | written notice to pay to the Secretary of State any additional | ||||||
16 | fee
prescribed by this Section or specified by rule or | ||||||
17 | regulation, or if a
natural person, has defaulted on an | ||||||
18 | educational loan guaranteed by the Illinois
Student Assistance | ||||||
19 | Commission, the Secretary of State may by order cancel the
| ||||||
20 | registration or application.
| ||||||
21 | (3) Withdrawal of an application for registration or | ||||||
22 | withdrawal from
registration as a dealer, limited Canadian | ||||||
23 | dealer, salesperson,
investment adviser, or investment adviser | ||||||
24 | representative becomes effective
30 days after receipt of an | ||||||
25 | application to withdraw or within such
shorter period of time | ||||||
26 | as the Secretary of State may determine, unless any
proceeding |
| |||||||
| |||||||
1 | is pending under Section 11 of this Act when the application is
| ||||||
2 | filed or a proceeding is instituted within 30 days after the | ||||||
3 | application is
filed. If a proceeding is pending or instituted, | ||||||
4 | withdrawal becomes effective
at such time and upon such | ||||||
5 | conditions as the Secretary
of State by order determines. If no | ||||||
6 | proceeding is pending or instituted and
withdrawal | ||||||
7 | automatically becomes effective, the Secretary of State may
| ||||||
8 | nevertheless institute a revocation or suspension proceeding | ||||||
9 | within 2
years after withdrawal became effective and enter a | ||||||
10 | revocation or suspension
order as of the last date on which | ||||||
11 | registration was effective.
| ||||||
12 | F. The Secretary of State shall make available upon request | ||||||
13 | the date
that each dealer, investment adviser, salesperson, or | ||||||
14 | investment
adviser representative was granted
registration, | ||||||
15 | together with the name and address of the dealer, limited
| ||||||
16 | Canadian dealer, or issuer on
whose behalf the salesperson is | ||||||
17 | registered, and all
orders of the Secretary of State denying or | ||||||
18 | abandoning an application, or
suspending or revoking | ||||||
19 | registration, or censuring the persons.
The Secretary of State | ||||||
20 | may designate by rule, regulation or order the
statements, | ||||||
21 | information or reports submitted to or filed with him or
her | ||||||
22 | pursuant to this Section 8 which the Secretary of State | ||||||
23 | determines are
of a sensitive nature and therefore should be | ||||||
24 | exempt from public
disclosure. Any such statement, information | ||||||
25 | or report shall be
deemed confidential and shall not be |
| |||||||
| |||||||
1 | disclosed to the public except upon the
consent of the person | ||||||
2 | filing or submitting the statement,
information or report or by | ||||||
3 | order of court or in court proceedings.
| ||||||
4 | G. The registration or re-registration of a dealer or | ||||||
5 | limited Canadian
dealer and of all salespersons
registered upon | ||||||
6 | application of the dealer or limited Canadian dealer shall
| ||||||
7 | expire on the next
succeeding anniversary date of the | ||||||
8 | registration or re-registration of the
dealer; and the | ||||||
9 | registration or re-registration of an investment
adviser and of | ||||||
10 | all investment adviser representatives registered upon
| ||||||
11 | application of the investment adviser shall expire on the next | ||||||
12 | succeeding
anniversary date of the
registration of the | ||||||
13 | investment adviser; provided, that the
Secretary of State may | ||||||
14 | by rule or regulation prescribe an alternate date which
any | ||||||
15 | dealer registered under the Federal 1934 Act or a member of any
| ||||||
16 | self-regulatory association approved pursuant thereto, a | ||||||
17 | member of a
self-regulatory organization or stock exchange in | ||||||
18 | Canada, or any investment
adviser may elect
as
the expiration | ||||||
19 | date of its dealer or limited Canadian dealer and
salesperson | ||||||
20 | registrations, or the expiration date of its investment adviser
| ||||||
21 | registration, as the case may be. A
registration of a | ||||||
22 | salesperson registered upon application of an issuer or
| ||||||
23 | controlling person shall expire on the next succeeding | ||||||
24 | anniversary date of
the registration, or upon termination or | ||||||
25 | expiration of the
registration of the securities, if any, |
| |||||||
| |||||||
1 | designated in the application for his
or her registration or | ||||||
2 | the alternative date as the Secretary may prescribe by
rule or | ||||||
3 | regulation. Subject to paragraph (9) of subsection C of this | ||||||
4 | Section
8, a salesperson's registration also shall terminate | ||||||
5 | upon cessation of his or
her employment, or termination of his | ||||||
6 | or her appointment or authorization, in
each case by the person | ||||||
7 | who applied for the salesperson's registration,
provided that | ||||||
8 | the Secretary of State may by rule or regulation prescribe an
| ||||||
9 | alternate date for the expiration of the registration.
| ||||||
10 | H. Applications for re-registration of dealers, limited | ||||||
11 | Canadian
dealers, salespersons, investment advisers, and | ||||||
12 | investment
adviser representatives shall be filed with the | ||||||
13 | Secretary of State prior
to the expiration of the then current | ||||||
14 | registration and
shall
contain such information as may be | ||||||
15 | required by the Secretary of
State upon initial application | ||||||
16 | with such omission therefrom or
addition thereto as the | ||||||
17 | Secretary of State may authorize or prescribe. Each
application | ||||||
18 | for re-registration of a dealer, limited Canadian dealer, or
| ||||||
19 | investment adviser
shall be accompanied by a filing fee, each | ||||||
20 | application for
re-registration as a salesperson shall be | ||||||
21 | accompanied by a filing fee and a
Securities Audit and | ||||||
22 | Enforcement Fund fee established pursuant to Section
11a of | ||||||
23 | this Act, and
each application for re-registration as an | ||||||
24 | investment adviser representative
shall be accompanied by a | ||||||
25 | Securities Audit and Enforcement Fund fee
established under |
| |||||||
| |||||||
1 | Section 11a of this Act,
which shall not be returnable in any | ||||||
2 | event. Notwithstanding
the foregoing, applications for
| ||||||
3 | re-registration of dealers, limited Canadian dealers, and | ||||||
4 | investment
advisers may be filed within 30 days
following the | ||||||
5 | expiration of the registration provided that the applicant pays
| ||||||
6 | the annual registration fee together with an additional amount | ||||||
7 | equal to
the annual registration fee and files any other | ||||||
8 | information or documents that
the Secretary of State may | ||||||
9 | prescribe by rule
or regulation or order. Any application filed | ||||||
10 | within 30 days following the
expiration of the registration | ||||||
11 | shall be automatically effective as of the
time of the earlier | ||||||
12 | expiration provided that the proper fee has been paid
to the | ||||||
13 | Secretary of State.
| ||||||
14 | Each registered dealer, limited Canadian dealer, or | ||||||
15 | investment adviser
shall continue to be
registered if the | ||||||
16 | registrant changes his, her, or its form of organization
| ||||||
17 | provided that the dealer or investment adviser files an | ||||||
18 | amendment to his,
her, or its application not later than 30 | ||||||
19 | days following the occurrence of the
change and pays the | ||||||
20 | Secretary of State a fee in the amount established under
| ||||||
21 | Section 11a of this Act.
| ||||||
22 | I. (1) Every registered dealer, limited Canadian dealer, | ||||||
23 | and investment
adviser shall make and keep
for such periods, | ||||||
24 | such accounts, correspondence,
memoranda, papers, books and | ||||||
25 | records as the Secretary of State may by rule or
regulation |
| |||||||
| |||||||
1 | prescribe. All records so required shall be preserved for 3 | ||||||
2 | years
unless the Secretary of State by rule, regulation or | ||||||
3 | order prescribes otherwise
for particular types of records.
| ||||||
4 | (2) Every registered dealer, limited Canadian dealer, and | ||||||
5 | investment
adviser shall file such financial reports as the | ||||||
6 | Secretary of State may by rule
or regulation
prescribe.
| ||||||
7 | (3) All the books and records referred to in paragraph (1) | ||||||
8 | of this
subsection I are subject at any time or from time to | ||||||
9 | time to such
reasonable periodic, special or other audits, | ||||||
10 | examinations, or inspections by
representatives of the | ||||||
11 | Secretary of State, within or without this State, as the
| ||||||
12 | Secretary of State deems necessary or appropriate in the public | ||||||
13 | interest or for
the protection of investors.
| ||||||
14 | (4) At the time of an audit, examination, or inspection, | ||||||
15 | the Secretary of
State, by his or her designees, may
conduct an | ||||||
16 | interview of any person employed or appointed by or
affiliated | ||||||
17 | with a registered dealer, limited Canadian dealer, or | ||||||
18 | investment
advisor, provided that the
dealer, limited Canadian | ||||||
19 | dealer, or investment advisor shall be given
reasonable
notice | ||||||
20 | of the time and place for the interview. At the option of the | ||||||
21 | dealer,
limited Canadian dealer, or
investment advisor, a | ||||||
22 | representative of the dealer or investment advisor with
| ||||||
23 | supervisory responsibility over the individual being | ||||||
24 | interviewed may be present
at the interview.
| ||||||
25 | J. The Secretary of State may require by rule or regulation |
| |||||||
| |||||||
1 | the
payment of an additional fee for the filing of information | ||||||
2 | or documents
required to be filed by this Section which have | ||||||
3 | not been filed in a timely
manner. The Secretary of State may | ||||||
4 | also require by rule or regulation the
payment of an | ||||||
5 | examination fee for administering any examination which it
may | ||||||
6 | conduct pursuant to subsection B, C, D, or D-5 of this
Section | ||||||
7 | 8.
| ||||||
8 | K. The Secretary of State may declare any application for
| ||||||
9 | registration or limited registration
under this Section 8 | ||||||
10 | abandoned by order if the applicant fails to pay any
fee or | ||||||
11 | file any information or document required under this Section 8 | ||||||
12 | or by
rule or regulation for more than 30 days after the | ||||||
13 | required payment or
filing date. The applicant may petition the | ||||||
14 | Secretary of State for a
hearing within 15 days after the | ||||||
15 | applicant's receipt of the order of
abandonment, provided that | ||||||
16 | the petition sets forth the grounds
upon which the applicant | ||||||
17 | seeks a hearing.
| ||||||
18 | L. Any document being filed pursuant to this Section 8 | ||||||
19 | shall be deemed
filed, and any fee being paid pursuant to this | ||||||
20 | Section 8 shall be deemed
paid, upon the date of actual receipt | ||||||
21 | thereof by the Secretary of State or
his or her designee.
| ||||||
22 | M. The Secretary of State shall provide to the Illinois | ||||||
23 | Student
Assistance
Commission annually or at mutually agreed |
| |||||||
| |||||||
1 | periodic intervals the names and
social security numbers of | ||||||
2 | natural persons registered under subsections B, C,
D, and D-5 | ||||||
3 | of this Section. The Illinois Student Assistance Commission | ||||||
4 | shall
determine if any student loan defaulter is registered as | ||||||
5 | a dealer, limited
Canadian dealer, salesperson, or investment | ||||||
6 | adviser under this Act and report
its determination to the | ||||||
7 | Secretary of State or his or her designee.
| ||||||
8 | (Source: P.A. 92-308, eff. 1-1-02; 93-580, eff. 8-21-03.)
|