Bill Text: IL SB2053 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Identification Act. Requires that applications for certification, registration, and licensure must contain specific language that states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and prohibits entities authorized to grant professional licenses, certifications, and registrations from asking if an applicant has had records sealed or expunged. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, registration, or certification, except specified health care worker licenses. Amends various professional licensing Acts with the following changes: Provides that the licensing agency must find that a license applicant has not committed certain acts or has been sufficiently rehabilitated to approve the application. Provides that the licensing agency shall not require applicants to report certain criminal history information and the licensing agency shall not consider the information. Requires the licensing agency to consider certain mitigating factors and evidence of rehabilitation for license applicants. Requires the licensing agency, upon denial of a license, to provide the applicant certain information concerning the denial. Provides that on May 1 of each year, the licensing agency shall prepare, publicly announce, and publish certain statistical information. Makes other changes. Effective January 1, 2018.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2017-04-28 - Rule 2-10 Third Reading Deadline Established As May 31, 2017 [SB2053 Detail]

Download: Illinois-2017-SB2053-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2053

Introduced 2/10/2017, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:
See Index

Amends the Criminal Identification Act. Requires that applications for certification, registration, and licensure must contain specific language that states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and prohibits entities authorized to grant professional licenses, certifications, and registrations from asking if an applicant has had records sealed or expunged. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, registration, or certification, except specified health care worker licenses. Amends various professional licensing Acts with the following changes: Provides that the licensing agency must find that a license applicant has not committed certain acts or has been sufficiently rehabilitated to approve the application. In provisions concerning license denial, nonrenewal, or revocation for conviction of a felony, allows the licensing agency to issue a license with monitoring requirements and provides for an exception if an individual demonstrates to the licensing agency sufficient rehabilitation to warrant the public trust. Provides that the licensing agency shall not require applicants to report certain criminal history information and the licensing agency shall not consider the information. Requires the licensing agency to consider certain mitigating factors and evidence of rehabilitation for license applicants. Requires the licensing agency, upon denial of a license, to provide the applicant certain information concerning the denial. Provides that on May 1 of each year, the licensing agency shall prepare, publicly announce, and publish certain statistical information. Makes other changes. Effective January 1, 2018.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB2053LRB100 08715 SMS 18851 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Lottery Law is amended by changing
5Section 10.1 and by adding Section 10.1b as follows:
6 (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
7 Sec. 10.1. The following are ineligible for any license
8under this Act:
9 (a) any person who has been convicted of a felony who
10 is not sufficiently rehabilitated following the
11 conviction;
12 (b) any person who is or has been a professional
13 gambler or gambling promoter;
14 (c) any person who has engaged in bookmaking or other
15 forms of illegal gambling;
16 (d) any person who is not of good character and
17 reputation in the community in which he resides;
18 (e) any person who has been found guilty of any fraud
19 or misrepresentation in any connection;
20 (f) any firm or corporation in which a person defined
21 in (a), (b), (c), (d) or (e) has a proprietary, equitable
22 or credit interest of 5% or more.
23 (g) any organization in which a person defined in (a),

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1 (b), (c), (d) or (e) is an officer, director, or managing
2 agent, whether compensated or not;
3 (h) any organization in which a person defined in (a),
4 (b), (c), (d), or (e) is to participate in the management
5 or sales of lottery tickets or shares.
6 However, with respect to persons defined in (a), the
7Department may grant any such person a license under this Act
8when:
9 (1) a period of 5 years after the conviction or 3 years
10 since release from confinement, whichever is later; 1) at
11 least 10 years have elapsed since the date when the
12 sentence for the most recent such conviction was
13 satisfactorily completed;
14 (2) 2) the applicant has no history of criminal
15 activity subsequent to such conviction;
16 (2.5) the applicant completed their sentence
17 successfully and, for applicants serving a term of parole
18 or probation, the applicant's probation or parole officer
19 provides a progress report that documents the applicant's
20 compliance with conditions of supervision;
21 (3) (blank); and 3) the applicant has complied with all
22 conditions of probation, conditional discharge,
23 supervision, parole or mandatory supervised release; and
24 (4) 4) the applicant presents at least 3 letters of
25 recommendation from responsible citizens in his community
26 who personally can attest that the character and attitude

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1 of the applicant indicate that he is unlikely to commit
2 another crime or the applicant provides other evidence of
3 rehabilitation or rehabilitative effort during or after
4 incarceration, or during or after a term of supervision,
5 including, but not limited to, a certificate of good
6 conduct under Section 5-5.5-25 of the Unified Code of
7 Corrections or a certificate of relief from disabilities
8 under Section 5-5.5-10 of the Unified Code of Corrections.
9 The Department may revoke, without notice or a hearing, the
10license of any agent who violates this Act or any rule or
11regulation promulgated pursuant to this Act. However, if the
12Department does revoke a license without notice and an
13opportunity for a hearing, the Department shall, by appropriate
14notice, afford the person whose license has been revoked an
15opportunity for a hearing within 30 days after the revocation
16order has been issued. As a result of any such hearing, the
17Department may confirm its action in revoking the license, or
18it may order the restoration of such license.
19(Source: P.A. 97-464, eff. 10-15-11.)
20 (20 ILCS 1605/10.1b new)
21 Sec. 10.1b. Applicant convictions.
22 (a) It is the affirmative obligation of the Department to
23demonstrate that a prior conviction would impair the ability of
24the applicant to engage in the licensed practice. If the
25Department refuses to issue a license to an applicant, then the

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1Department shall notify the applicant of the denial in writing
2with the following included in the notice of denial:
3 (1) a statement about the decision to refuse to issue a
4 license;
5 (2) a list of the convictions that formed the sole or
6 partial basis for the refusal to issue a license;
7 (3) a list of the mitigating evidence presented by the
8 applicant;
9 (4) reasons for refusing to issue a license specific to
10 the evidence presented in mitigation of conviction items
11 that formed the partial or sole basis for the Department's
12 decision; and
13 (5) a summary of the appeal process or the earliest the
14 applicant may reapply for a license, whichever is
15 applicable.
16 (b) No later than May 1 of each year, the Department must
17prepare, publicly announce, and publish a report of summary
18statistical information relating to new and renewal license
19applications during the preceding calendar year. Each report
20shall show at minimum:
21 (1) the number of applicants for new or renewal license
22 under this Act within the previous calendar year;
23 (2) the number of applicants for new or renewal license
24 under this Act within the previous calendar year who had
25 any criminal conviction;
26 (3) the number of applicants for new or renewal license

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1 under this Act in the previous calendar year who were
2 granted a license;
3 (4) the number of applicants for new or renewal license
4 with a criminal conviction who were granted a license under
5 this Act within the previous calendar year;
6 (5) the number of applicants for new or renewal license
7 under this Act within the previous calendar year who were
8 denied a license;
9 (6) the number of applicants for new or renewal license
10 with a criminal conviction who were denied a license under
11 this Act in the previous calendar year in whole or in part
12 because of a prior conviction;
13 (7) the number of probationary licenses without
14 monitoring issued under this Act in the previous calendar
15 year to applicants with criminal conviction; and
16 (8) the number of probationary licenses with
17 monitoring issued under this Act in the previous calendar
18 year to applicants with criminal conviction.
19 (c) The Department shall not require the applicant to
20report the following information and shall not consider the
21following criminal history records in connection with an
22application for licensure:
23 (1) Juvenile adjudications of delinquent minors as
24 defined in Section 5-105 of the Juvenile Court Act of 1987
25 subject to the restrictions set forth in Section 5-130 of
26 the Juvenile Court Act of 1987.

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1 (2) Law enforcement records, court records, and
2 conviction records of an individual who was 17 years old at
3 the time of the offense and before January 1, 2014, unless
4 the nature of the offense required the individual to be
5 tried as an adult.
6 (3) Records of arrest not followed by a conviction.
7 (4) Convictions overturned by a higher court.
8 (5) Convictions or arrests that have been sealed or
9 expunged.
10 Section 10. The Criminal Identification Act is amended by
11changing Sections 12 and 13 as follows:
12 20 ILCS 2630/12)
13 Sec. 12. Entry of order; effect of expungement or sealing
14records.
15 (a) Except with respect to law enforcement agencies, the
16Department of Corrections, State's Attorneys, or other
17prosecutors, and as provided in Section 13 of this Act, an
18expunged or sealed record may not be considered by any private
19or public entity in employment matters, certification,
20licensing, revocation of certification or licensure, or
21registration. Applications for employment, certification,
22registration, or licensure must contain specific language
23which states that the applicant is not obligated to disclose
24sealed or expunged records of conviction or arrest. Employers

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1and entities authorized to grant professional licenses,
2certification, or registration may not ask if an applicant has
3had records expunged or sealed.
4 (b) A person whose records have been sealed or expunged is
5not entitled to remission of any fines, costs, or other money
6paid as a consequence of the sealing or expungement. This
7amendatory Act of the 93rd General Assembly does not affect the
8right of the victim of a crime to prosecute or defend a civil
9action for damages. Persons engaged in civil litigation
10involving criminal records that have been sealed may petition
11the court to open the records for the limited purpose of using
12them in the course of litigation.
13(Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
14 (20 ILCS 2630/13)
15 Sec. 13. Retention and release of sealed records.
16 (a) The Department of State Police shall retain records
17sealed under subsection (c) or (e-5) of Section 5.2 or
18impounded under subparagraph (B) or (B-5) of paragraph (9) of
19subsection (d) of Section 5.2 and shall release them only as
20authorized by this Act. Felony records sealed under subsection
21(c) or (e-5) of Section 5.2 or impounded under subparagraph (B)
22or (B-5) of paragraph (9) of subsection (d) of Section 5.2
23shall be used and disseminated by the Department only as
24otherwise specifically required or authorized by a federal or
25State law, rule, or regulation that requires inquiry into and

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1release of criminal records, including, but not limited to,
2subsection (A) of Section 3 of this Act, except these records
3shall not be used or disseminated in connection with an
4application for any professional or business licensure,
5registration, or certification not involving a health care
6worker position, as defined in the Health Care Worker
7Self-Referral Act. However, all requests for records that have
8been expunged, sealed, and impounded and the use of those
9records are subject to the provisions of Section 2-103 of the
10Illinois Human Rights Act. Upon conviction for any offense, the
11Department of Corrections shall have access to all sealed
12records of the Department pertaining to that individual.
13 (b) Notwithstanding the foregoing, all sealed or impounded
14records are subject to inspection and use by the court and
15inspection and use by law enforcement agencies and State's
16Attorneys or other prosecutors in carrying out the duties of
17their offices.
18 (c) The sealed or impounded records maintained under
19subsection (a) are exempt from disclosure under the Freedom of
20Information Act.
21 (d) The Department of State Police shall commence the
22sealing of records of felony arrests and felony convictions
23pursuant to the provisions of subsection (c) of Section 5.2 of
24this Act no later than one year from the date that funds have
25been made available for purposes of establishing the
26technologies necessary to implement the changes made by this

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1amendatory Act of the 93rd General Assembly.
2(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
398-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
4 Section 15. The Cigarette Tax Act is amended by changing
5Sections 4, 4b, and 4c and by adding Section 4i as follows:
6 (35 ILCS 130/4) (from Ch. 120, par. 453.4)
7 Sec. 4. Distributor's license. No person may engage in
8business as a distributor of cigarettes in this State within
9the meaning of the first 2 definitions of distributor in
10Section 1 of this Act without first having obtained a license
11therefor from the Department. Application for license shall be
12made to the Department in form as furnished and prescribed by
13the Department. Each applicant for a license under this Section
14shall furnish to the Department on the form signed and verified
15by the applicant under penalty of perjury the following
16information:
17 (a) The name and address of the applicant;
18 (b) The address of the location at which the applicant
19 proposes to engage in business as a distributor of
20 cigarettes in this State;
21 (c) Such other additional information as the
22 Department may lawfully require by its rules and
23 regulations.
24 The annual license fee payable to the Department for each

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1distributor's license shall be $250. The purpose of such annual
2license fee is to defray the cost, to the Department, of
3serializing cigarette tax stamps. Each applicant for license
4shall pay such fee to the Department at the time of submitting
5his application for license to the Department.
6 Every applicant who is required to procure a distributor's
7license shall file with his application a joint and several
8bond. Such bond shall be executed to the Department of Revenue,
9with good and sufficient surety or sureties residing or
10licensed to do business within the State of Illinois, in the
11amount of $2,500, conditioned upon the true and faithful
12compliance by the licensee with all of the provisions of this
13Act. Such bond, or a reissue thereof, or a substitute therefor,
14shall be kept in effect during the entire period covered by the
15license. A separate application for license shall be made, a
16separate annual license fee paid, and a separate bond filed,
17for each place of business at which a person who is required to
18procure a distributor's license under this Section proposes to
19engage in business as a distributor in Illinois under this Act.
20 The following are ineligible to receive a distributor's
21license under this Act:
22 (1) a person who is not of good character and
23 reputation in the community in which he resides; the
24 Department may consider past conviction of a felony but
25 the conviction shall not operate as an absolute bar to
26 licensure;

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1 (2) a person who has been convicted of a felony
2 under any Federal or State law, if the Department,
3 after investigation and a hearing and consideration of
4 mitigating factors and evidence of rehabilitation
5 contained in the applicant's record, including those
6 in Section 4i , if requested by the applicant,
7 determines that such person has not been sufficiently
8 rehabilitated to warrant the public trust;
9 (3) a corporation, if any officer, manager or
10 director thereof, or any stockholder or stockholders
11 owning in the aggregate more than 5% of the stock of
12 such corporation, would not be eligible to receive a
13 license under this Act for any reason;
14 (4) a person, or any person who owns more than 15
15 percent of the ownership interests in a person or a
16 related party who:
17 (a) owes, at the time of application, any
18 delinquent cigarette taxes that have been
19 determined by law to be due and unpaid, unless the
20 license applicant has entered into an agreement
21 approved by the Department to pay the amount due;
22 (b) had a license under this Act revoked within
23 the past two years by the Department for misconduct
24 relating to stolen or contraband cigarettes or has
25 been convicted of a State or federal crime,
26 punishable by imprisonment of one year or more,

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1 relating to stolen or contraband cigarettes;
2 (c) manufactures cigarettes, whether in this
3 State or out of this State, and who is neither (i)
4 a participating manufacturer as defined in
5 subsection II(jj) of the "Master Settlement
6 Agreement" as defined in Sections 10 of the Tobacco
7 Products Manufacturers' Escrow Act and the Tobacco
8 Products Manufacturers' Escrow Enforcement Act of
9 2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii)
10 in full compliance with Tobacco Products
11 Manufacturers' Escrow Act and the Tobacco Products
12 Manufacturers' Escrow Enforcement Act of 2003 (30
13 ILCS 168/ and 30 ILCS 167/);
14 (d) has been found by the Department, after
15 notice and a hearing, to have imported or caused to
16 be imported into the United States for sale or
17 distribution any cigarette in violation of 19
18 U.S.C. 1681a;
19 (e) has been found by the Department, after
20 notice and a hearing, to have imported or caused to
21 be imported into the United States for sale or
22 distribution or manufactured for sale or
23 distribution in the United States any cigarette
24 that does not fully comply with the Federal
25 Cigarette Labeling and Advertising Act (15 U.S.C.
26 1331, et seq.); or

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1 (f) has been found by the Department, after
2 notice and a hearing, to have made a material false
3 statement in the application or has failed to
4 produce records required to be maintained by this
5 Act.
6 The Department, upon receipt of an application, license fee
7and bond in proper form, from a person who is eligible to
8receive a distributor's license under this Act, shall issue to
9such applicant a license in form as prescribed by the
10Department, which license shall permit the applicant to which
11it is issued to engage in business as a distributor at the
12place shown in his application. All licenses issued by the
13Department under this Act shall be valid for not to exceed one
14year after issuance unless sooner revoked, canceled or
15suspended as provided in this Act. No license issued under this
16Act is transferable or assignable. Such license shall be
17conspicuously displayed in the place of business conducted by
18the licensee in Illinois under such license. No distributor
19licensee acquires any vested interest or compensable property
20right in a license issued under this Act.
21 A licensed distributor shall notify the Department of any
22change in the information contained on the application form,
23including any change in ownership and shall do so within 30
24days after any such change.
25 Any person aggrieved by any decision of the Department
26under this Section may, within 20 days after notice of the

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1decision, protest and request a hearing. Upon receiving a
2request for a hearing, the Department shall give notice to the
3person requesting the hearing of the time and place fixed for
4the hearing and shall hold a hearing in conformity with the
5provisions of this Act and then issue its final administrative
6decision in the matter to that person. In the absence of a
7protest and request for a hearing within 20 days, the
8Department's decision shall become final without any further
9determination being made or notice given.
10(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
11 (35 ILCS 130/4b) (from Ch. 120, par. 453.4b)
12 Sec. 4b. (a) The Department may, in its discretion, upon
13application, issue permits authorizing the payment of the tax
14herein imposed by out-of-State cigarette manufacturers who are
15not required to be licensed as distributors of cigarettes in
16this State, but who elect to qualify under this Act as
17distributors of cigarettes in this State, and who, to the
18satisfaction of the Department, furnish adequate security to
19insure payment of the tax, provided that any such permit shall
20extend only to cigarettes which such permittee manufacturer
21places in original packages that are contained inside a sealed
22transparent wrapper. Such permits shall be issued without
23charge in such form as the Department may prescribe and shall
24not be transferable or assignable.
25 The following are ineligible to receive a distributor's

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1permit under this subsection:
2 (1) a person who is not of good character and
3 reputation in the community in which he resides; the
4 Department may consider past conviction of a felony but the
5 conviction shall not operate as an absolute bar to
6 receiving a permit;
7 (2) a person who has been convicted of a felony under
8 any Federal or State law, if the Department, after
9 investigation and a hearing and consideration of
10 mitigating factors and evidence of rehabilitation
11 contained in the applicant's record, including those in
12 Section 4i of this Act, if requested by the applicant,
13 determines that such person has not been sufficiently
14 rehabilitated to warrant the public trust;
15 (3) a corporation, if any officer, manager or director
16 thereof, or any stockholder or stockholders owning in the
17 aggregate more than 5% of the stock of such corporation,
18 would not be eligible to receive a permit under this Act
19 for any reason.
20 With respect to cigarettes which come within the scope of
21such a permit and which any such permittee delivers or causes
22to be delivered in Illinois to licensed distributors, such
23permittee shall remit the tax imposed by this Act at the times
24provided for in Section 3 of this Act. Each such remittance
25shall be accompanied by a return filed with the Department on a
26form to be prescribed and furnished by the Department and shall

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1disclose such information as the Department may lawfully
2require. The Department may promulgate rules to require that
3the permittee's return be accompanied by appropriate
4computer-generated magnetic media supporting schedule data in
5the format prescribed by the Department, unless, as provided by
6rule, the Department grants an exception upon petition of the
7permittee. Each such return shall be accompanied by a copy of
8each invoice rendered by the permittee to any licensed
9distributor to whom the permittee delivered cigarettes of the
10type covered by the permit (or caused cigarettes of the type
11covered by the permit to be delivered) in Illinois during the
12period covered by such return.
13 Such permit may be suspended, canceled or revoked when, at
14any time, the Department considers that the security given is
15inadequate, or that such tax can more effectively be collected
16from distributors located in this State, or whenever the
17permittee violates any provision of this Act or any lawful rule
18or regulation issued by the Department pursuant to this Act or
19is determined to be ineligible for a distributor's permit under
20this Act as provided in this Section, whenever the permittee
21shall notify the Department in writing of his desire to have
22the permit canceled. The Department shall have the power, in
23its discretion, to issue a new permit after such suspension,
24cancellation or revocation, except when the person who would
25receive the permit is ineligible to receive a distributor's
26permit under this Act.

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1 All permits issued by the Department under this Act shall
2be valid for not to exceed one year after issuance unless
3sooner revoked, canceled or suspended as in this Act provided.
4 (b) Out-of-state cigarette manufacturers who are not
5required to be licensed as distributors of cigarettes in this
6State and who do not elect to obtain approval under subsection
74b(a) to pay the tax imposed by this Act, but who elect to
8qualify under this Act as distributors of cigarettes in this
9State for purposes of shipping and delivering unstamped
10original packages of cigarettes into this State to licensed
11distributors, shall obtain a permit from the Department. These
12permits shall be issued without charge in such form as the
13Department may prescribe and shall not be transferable or
14assignable.
15 The following are ineligible to receive a distributor's
16permit under this subsection:
17 (1) a person who is not of good character and
18 reputation in the community in which he or she resides; the
19 Department may consider past conviction of a felony but the
20 conviction shall not operate as an absolute bar to
21 receiving a permit;
22 (2) a person who has been convicted of a felony under
23 any federal or State law, if the Department, after
24 investigation and a hearing and consideration of
25 mitigating factors and evidence of rehabilitation
26 contained in the applicant's record, including those set

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1 forth in Section 4i of this Act, if requested by the
2 applicant, determines that the person has not been
3 sufficiently rehabilitated to warrant the public trust;
4 and
5 (3) a corporation, if any officer, manager, or director
6 thereof, or any stockholder or stockholders owning in the
7 aggregate more than 5% of the stock of the corporation,
8 would not be eligible to receive a permit under this Act
9 for any reason.
10 With respect to original packages of cigarettes that such
11permittee delivers or causes to be delivered in Illinois and
12distributes to the public for promotional purposes without
13consideration, the permittee shall pay the tax imposed by this
14Act by remitting the amount thereof to the Department by the
155th day of each month covering cigarettes shipped or otherwise
16delivered in Illinois for those purposes during the preceding
17calendar month. The permittee, before delivering those
18cigarettes or causing those cigarettes to be delivered in this
19State, shall evidence his or her obligation to remit the taxes
20due with respect to those cigarettes by imprinting language to
21be prescribed by the Department on each original package of
22cigarettes, in such place thereon and in such manner also to be
23prescribed by the Department. The imprinted language shall
24acknowledge the permittee's payment of or liability for the tax
25imposed by this Act with respect to the distribution of those
26cigarettes.

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1 With respect to cigarettes that the permittee delivers or
2causes to be delivered in Illinois to Illinois licensed
3distributors or distributed to the public for promotional
4purposes, the permittee shall, by the 5th day of each month,
5file with the Department, a report covering cigarettes shipped
6or otherwise delivered in Illinois to licensed distributors or
7distributed to the public for promotional purposes during the
8preceding calendar month on a form to be prescribed and
9furnished by the Department and shall disclose such other
10information as the Department may lawfully require. The
11Department may promulgate rules to require that the permittee's
12report be accompanied by appropriate computer-generated
13magnetic media supporting schedule data in the format
14prescribed by the Department, unless, as provided by rule, the
15Department grants an exception upon petition of the permittee.
16Each such report shall be accompanied by a copy of each invoice
17rendered by the permittee to any purchaser to whom the
18permittee delivered cigarettes of the type covered by the
19permit (or caused cigarettes of the type covered by the permit
20to be delivered) in Illinois during the period covered by such
21report.
22 Such permit may be suspended, canceled, or revoked whenever
23the permittee violates any provision of this Act or any lawful
24rule or regulation issued by the Department pursuant to this
25Act, is determined to be ineligible for a distributor's permit
26under this Act as provided in this Section, or notifies the

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1Department in writing of his or her desire to have the permit
2canceled. The Department shall have the power, in its
3discretion, to issue a new permit after such suspension,
4cancellation, or revocation, except when the person who would
5receive the permit is ineligible to receive a distributor's
6permit under this Act.
7 All permits issued by the Department under this Act shall
8be valid for a period not to exceed one year after issuance
9unless sooner revoked, canceled, or suspended as provided in
10this Act.
11(Source: P.A. 96-782, eff. 1-1-10.)
12 (35 ILCS 130/4c)
13 Sec. 4c. Secondary distributor's license. No person may
14engage in business as a secondary distributor of cigarettes in
15this State without first having obtained a license therefor
16from the Department. Application for license shall be made to
17the Department on a form as furnished and prescribed by the
18Department. Each applicant for a license under this Section
19shall furnish the following information to the Department on a
20form signed and verified by the applicant under penalty of
21perjury:
22 (1) the name and address of the applicant;
23 (2) the address of the location at which the applicant
24 proposes to engage in business as a secondary distributor
25 of cigarettes in this State; and

SB2053- 21 -LRB100 08715 SMS 18851 b
1 (3) such other additional information as the
2 Department may reasonably require.
3 The annual license fee payable to the Department for each
4secondary distributor's license shall be $250. Each applicant
5for a license shall pay such fee to the Department at the time
6of submitting an application for license to the Department.
7 A separate application for license shall be made and
8separate annual license fee paid for each place of business at
9which a person who is required to procure a secondary
10distributor's license under this Section proposes to engage in
11business as a secondary distributor in Illinois under this Act.
12 The following are ineligible to receive a secondary
13distributor's license under this Act:
14 (1) a person who is not of good character and
15 reputation in the community in which he resides; the
16 Department may consider past conviction of a felony but the
17 conviction shall not operate as an absolute bar to
18 receiving a permit;
19 (2) a person who has been convicted of a felony under
20 any federal or State law, if the Department, after
21 investigation and a hearing and consideration of the
22 mitigating factors provided in subsection (b) of Section 4i
23 of this Act, if requested by the applicant, determines that
24 such person has not been sufficiently rehabilitated to
25 warrant the public trust;
26 (3) a corporation, if any officer, manager, or director

SB2053- 22 -LRB100 08715 SMS 18851 b
1 thereof, or any stockholder or stockholders owning in the
2 aggregate more than 5% of the stock of such corporation,
3 would not be eligible to receive a license under this Act
4 for any reason;
5 (4) a person who manufactures cigarettes, whether in
6 this State or out of this State;
7 (5) a person, or any person who owns more than 15% of
8 the ownership interests in a person or a related party who:
9 (A) owes, at the time of application, any
10 delinquent cigarette taxes that have been determined
11 by law to be due and unpaid, unless the license
12 applicant has entered into an agreement approved by the
13 Department to pay the amount due;
14 (B) had a license under this Act revoked within the
15 past two years by the Department or has been convicted
16 of a State or federal crime, punishable by imprisonment
17 of one year or more, relating to stolen or contraband
18 cigarettes;
19 (C) has been found by the Department, after notice
20 and a hearing, to have imported or caused to be
21 imported into the United States for sale or
22 distribution any cigarette in violation of 19 U.S.C.
23 1681a;
24 (D) has been found by the Department, after notice
25 and a hearing, to have imported or caused to be
26 imported into the United States for sale or

SB2053- 23 -LRB100 08715 SMS 18851 b
1 distribution or manufactured for sale or distribution
2 in the United States any cigarette that does not fully
3 comply with the Federal Cigarette Labeling and
4 Advertising Act (15 U.S.C. 1331, et seq.); or
5 (E) has been found by the Department, after notice
6 and a hearing, to have made a material false statement
7 in the application or has failed to produce records
8 required to be maintained by this Act.
9 The Department, upon receipt of an application and license
10fee from a person who is eligible to receive a secondary
11distributor's license under this Act, shall issue to such
12applicant a license in such form as prescribed by the
13Department. The license shall permit the applicant to which it
14is issued to engage in business as a secondary distributor at
15the place shown in his application. All licenses issued by the
16Department under this Act shall be valid for a period not to
17exceed one year after issuance unless sooner revoked, canceled,
18or suspended as provided in this Act. No license issued under
19this Act is transferable or assignable. Such license shall be
20conspicuously displayed in the place of business conducted by
21the licensee in Illinois under such license. No secondary
22distributor licensee acquires any vested interest or
23compensable property right in a license issued under this Act.
24 A licensed secondary distributor shall notify the
25Department of any change in the information contained on the
26application form, including any change in ownership, and shall

SB2053- 24 -LRB100 08715 SMS 18851 b
1do so within 30 days after any such change.
2 Any person aggrieved by any decision of the Department
3under this Section may, within 20 days after notice of the
4decision, protest and request a hearing. Upon receiving a
5request for a hearing, the Department shall give notice to the
6person requesting the hearing of the time and place fixed for
7the hearing and shall hold a hearing in conformity with the
8provisions of this Act and then issue its final administrative
9decision in the matter to that person. In the absence of a
10protest and request for a hearing within 20 days, the
11Department's decision shall become final without any further
12determination being made or notice given.
13(Source: P.A. 96-1027, eff. 7-12-10.)
14 (35 ILCS 130/4i new)
15 Sec. 4i. Applicant convictions.
16 (a) The Department shall not require applicants to report
17the following information and shall not consider the following
18criminal history records in connection with an application for
19a license or permit under this Act:
20 (1) Juvenile adjudications of delinquent minors as
21 defined in Section 5-105 of the Juvenile Court Act of 1987
22 subject to the restrictions set forth in Section 5-130 of
23 the Juvenile Court Act of 1987.
24 (2) Law enforcement, court records, and conviction
25 records of an individual who was 17 years old at the time

SB2053- 25 -LRB100 08715 SMS 18851 b
1 of the offense and before January 1, 2014, unless the
2 nature of the offense required the individual to be tried
3 as an adult.
4 (3) Records of arrest not followed by a conviction.
5 (4) Convictions overturned by a higher court.
6 (5) Convictions or arrests that have been sealed or
7 expunged.
8 (b) When determining whether to grant a license or permit
9to an applicant with a prior conviction of a felony, the
10Department shall consider any evidence of rehabilitation and
11mitigating factors contained in the applicant's record
12including any of the following:
13 (1) the lack of direct relation of the offense for
14 which the applicant was previously convicted to the duties,
15 functions, and responsibilities of the position for which a
16 license or permit is sought;
17 (2) whether 5 years since a felony conviction or 3
18 years since release from confinement for the conviction,
19 whichever is later, have passed without a subsequent
20 conviction;
21 (3) if the applicant was previously licensed or
22 employed in this State or other state or jurisdictions,
23 then the lack of prior misconduct arising from or related
24 to the licensed position or position of employment;
25 (4) the age of the person at the time of the criminal
26 offense;

SB2053- 26 -LRB100 08715 SMS 18851 b
1 (5) successful completion of sentence and, for
2 applicants serving a term of parole or probation, a
3 progress report provided by the applicant's probation or
4 parole officer that documents the applicant's compliance
5 with conditions of supervision;
6 (6) evidence of the applicant's present fitness and
7 professional character;
8 (7) evidence of rehabilitation or rehabilitative
9 effort during or after incarceration, or during or after a
10 term of supervision, including, but not limited to, a
11 certificate of good conduct under Section 5-5.5-25 of the
12 Unified Code of Corrections or a certificate of relief from
13 disabilities under Section 5-5.5-10 of the Unified Code of
14 Corrections; and
15 (8) any other mitigating factors that contribute to the
16 person's potential and current ability to perform the
17 duties and responsibilities of the position for which a
18 license, permit or employment is sought.
19 (c) It is the affirmative obligation of the Department to
20demonstrate that a prior conviction would impair the ability of
21the applicant to engage in the practice regulated under this
22Act. If the Department refuses to issue a license or permit to
23an applicant, then the Department shall notify the applicant of
24the denial in writing with the following included in the notice
25of denial:
26 (1) a statement about the decision to refuse to issue a

SB2053- 27 -LRB100 08715 SMS 18851 b
1 license or permit;
2 (2) a list of the conviction items that formed the sole
3 or partial basis for the refusal to issue a license or
4 permit;
5 (3) a list of the mitigating evidence presented by the
6 applicant;
7 (4) reasons for refusing to issue a license or permit
8 specific to the evidence presented in mitigation of
9 conviction items that formed the partial or sole basis for
10 the Department's decision; and
11 (5) a summary of the appeal process or the earliest the
12 applicant may reapply for a license or permit, whichever is
13 applicable.
14 (d) No later than May 1 of each year, the Department must
15prepare, publicly announce, and publish a report of summary
16statistical information relating to new and renewal license or
17permit applications during the preceding calendar year. Each
18report shall show at minimum:
19 (1) the number of applicants for new or renewal license
20 or permit under this Act within the previous calendar year;
21 (2) the number of applicants for new or renewal license
22 or permit under this Act within the previous calendar year
23 who had any criminal conviction;
24 (3) the number of applicants for new or renewal license
25 or permit under this Act in the previous calendar year who
26 were granted a license or permit;

SB2053- 28 -LRB100 08715 SMS 18851 b
1 (4) the number of applicants for new or renewal license
2 or permit with a criminal conviction who were granted a
3 license or permit under this Act within the previous
4 calendar year;
5 (5) the number of applicants for new or renewal license
6 or permit under this Act within the previous calendar year
7 who were denied a license or permit;
8 (6) the number of applicants for new or renewal license
9 or permit with a criminal conviction who were denied a
10 license or permit under this Act in the previous calendar
11 year in whole or in part because of a prior conviction;
12 (7) the number of probationary licenses or permits
13 without monitoring issued under this Act in the previous
14 calendar year to applicants with criminal conviction; and
15 (8) the number of probationary licenses or permits with
16 monitoring issued under this Act in the previous calendar
17 year to applicants with criminal conviction.
18 Section 20. The Counties Code is amended by changing
19Section 5-10004 and by adding Section 5-10004a as follows:
20 (55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
21 Sec. 5-10004. Qualifications for license. A license to
22operate or maintain a dance hall may be issued by the county
23board to any citizen, firm or corporation of the State, who
24 (1) Submits a written application for a license, which

SB2053- 29 -LRB100 08715 SMS 18851 b
1application shall state, and the applicant shall state under
2oath:
3 (a) The name, address, and residence of the applicant,
4 and the length of time he has lived at that residence; :
5 (b) The place of birth of the applicant, and if the
6 applicant is a naturalized citizen, the time and place of
7 such naturalization;
8 (c) Whether the applicant has a prior felony
9 conviction; and That the applicant has never been convicted
10 of a felony, or of a misdemeanor punishable under the laws
11 of this State by a minimum imprisonment of six months or
12 longer.
13 (d) The location of the place or building where the
14 applicant intends to operate or maintain the dance hall.
15 (2) And who establishes:
16 (a) That he is a person of good moral character; and
17 (b) that the place or building where the dance hall or
18 road house is to be operated or maintained, reasonably
19 conforms to all laws, and health and fire regulations
20 applicable thereto, and is properly ventilated and
21 supplied with separate and sufficient toilet arrangements
22 for each sex, and is a safe and proper place or building
23 for a public dance hall or road house.
24(Source: P.A. 86-962.)
25 (55 ILCS 5/5-10004a new)

SB2053- 30 -LRB100 08715 SMS 18851 b
1 Sec. 5-10004a. Applicant convictions.
2 (a) Applicants shall not be required to report the
3following information and the following information shall not
4be considered in connection with an application for a license
5under this Act:
6 (1) Juvenile adjudications of delinquent minors, as
7 defined in Section 5-105 of the Juvenile Court Act of 1987,
8 subject to the restrictions set forth in Section 5-130
9 Juvenile Court Act of 1987.
10 (2) Law enforcement, court records, and conviction
11 records of an individual who was 17 years old at the time
12 of the offense and before January 1, 2014, unless the
13 nature of the offense required the individual to be tried
14 as an adult.
15 (3) Records of arrest not followed by a conviction.
16 (4) Convictions overturned by a higher court.
17 (5) Convictions or arrests that have been sealed or
18 expunged.
19 (b) No application for a license under this Division shall
20be denied by reason of a finding of lack of "good moral
21character" when the finding is based upon the fact that the
22applicant has previously been convicted of one or more criminal
23offenses.
24 (c) When determining whether to grant a license to an
25applicant with a prior conviction of a felony, the county board
26shall consider any evidence of rehabilitation and mitigating

SB2053- 31 -LRB100 08715 SMS 18851 b
1factors contained in the applicant's record including any of
2the following:
3 (1) the lack of direct relation of the offense for
4 which the applicant was previously convicted to the duties,
5 functions, and responsibilities of the position for which a
6 license is sought;
7 (2) whether 5 years since a felony conviction or 3
8 years since release from confinement for the conviction,
9 whichever is later, have passed without a subsequent
10 conviction;
11 (3) if the applicant was previously licensed or
12 employed in this State or other state or jurisdictions,
13 then the lack of prior misconduct arising from or related
14 to the licensed position or position of employment;
15 (4) the age of the person at the time of the criminal
16 offense;
17 (5) successful completion of sentence and, for
18 applicants serving a term of parole or probation, a
19 progress report provided by the applicant's probation or
20 parole officer that documents the applicant's compliance
21 with conditions of supervision;
22 (6) evidence of the applicant's present fitness and
23 professional character;
24 (7) evidence of rehabilitation or rehabilitative
25 effort during or after incarceration, or during or after a
26 term of supervision, including but not limited to a

SB2053- 32 -LRB100 08715 SMS 18851 b
1 certificate of good conduct under Section 5-5.5-25 of the
2 Unified Code of Corrections or a certificate of relief from
3 disabilities under Section 5-5.5-10 of the Unified Code of
4 Corrections; and
5 (8) any other mitigating factors that contribute to the
6 person's potential and current ability to perform the
7 duties and responsibilities of the position for which a
8 license or employment is sought.
9 (d) It is the affirmative obligation of the county board to
10demonstrate that a prior conviction would impair the ability of
11the applicant to engage in the practice regulated under this
12Act. If the county board refuses to issue a license to an
13applicant, then the county board shall notify the applicant of
14the denial in writing with the following included in the notice
15of denial:
16 (1) a statement about the decision to refuse to issue a
17 license;
18 (2) a list of the conviction items that formed the sole
19 or partial basis for the refusal to issue a license;
20 (3) a list of the mitigating evidence presented by the
21 applicant;
22 (4) reasons for refusing to issue a license specific to
23 the evidence presented in mitigation of conviction items
24 that formed the partial or sole basis for the county
25 board's decision; and
26 (5) a summary of the appeal process or the earliest the

SB2053- 33 -LRB100 08715 SMS 18851 b
1 applicant may reapply for a license, whichever is
2 applicable.
3 (e) No later than May 1 of each year, the board must
4prepare, publicly announce, and publish a report of summary
5statistical information relating to new and renewal license
6applications during the preceding calendar year. Each report
7shall show at minimum:
8 (1) the number of applicants for new or renewal license
9 under this Act within the previous calendar year;
10 (2) the number of applicants for new or renewal license
11 under this Act within the previous calendar year who had
12 any criminal conviction;
13 (3) the number of applicants for new or renewal license
14 under this Act in the previous calendar year who were
15 granted a license;
16 (4) the number of applicants for new or renewal license
17 with a criminal conviction who were granted a license under
18 this Act within the previous calendar year;
19 (5) the number of applicants for new or renewal license
20 under this Act within the previous calendar year who were
21 denied a license;
22 (6) the number of applicants for new or renewal license
23 with a criminal conviction who were denied a license under
24 this Act in the previous calendar year in whole or in part
25 because of a prior conviction;
26 (7) the number of probationary licenses without

SB2053- 34 -LRB100 08715 SMS 18851 b
1 monitoring issued under this Act in the previous calendar
2 year to applicants with criminal conviction; and
3 (8) the number of probationary licenses with
4 monitoring issued under this Act in the previous calendar
5 year to applicants with criminal conviction.
6 Section 25. The Emergency Medical Services (EMS) Systems
7Act is amended by changing Section 3.50 and by adding Section
83.51 as follows:
9 (210 ILCS 50/3.50)
10 Sec. 3.50. Emergency Medical Services personnel licensure
11levels.
12 (a) "Emergency Medical Technician" or "EMT" means a person
13who has successfully completed a course in basic life support
14as approved by the Department, is currently licensed by the
15Department in accordance with standards prescribed by this Act
16and rules adopted by the Department pursuant to this Act, and
17practices within an EMS System. A valid Emergency Medical
18Technician-Basic (EMT-B) license issued under this Act shall
19continue to be valid and shall be recognized as an Emergency
20Medical Technician (EMT) license until the Emergency Medical
21Technician-Basic (EMT-B) license expires.
22 (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
23means a person who has successfully completed a course in
24intermediate life support as approved by the Department, is

SB2053- 35 -LRB100 08715 SMS 18851 b
1currently licensed by the Department in accordance with
2standards prescribed by this Act and rules adopted by the
3Department pursuant to this Act, and practices within an
4Intermediate or Advanced Life Support EMS System.
5 (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
6means a person who has successfully completed a course in basic
7and limited advanced emergency medical care as approved by the
8Department, is currently licensed by the Department in
9accordance with standards prescribed by this Act and rules
10adopted by the Department pursuant to this Act, and practices
11within an Intermediate or Advanced Life Support EMS System.
12 (c) "Paramedic (EMT-P)" means a person who has successfully
13completed a course in advanced life support care as approved by
14the Department, is licensed by the Department in accordance
15with standards prescribed by this Act and rules adopted by the
16Department pursuant to this Act, and practices within an
17Advanced Life Support EMS System. A valid Emergency Medical
18Technician-Paramedic (EMT-P) license issued under this Act
19shall continue to be valid and shall be recognized as a
20Paramedic license until the Emergency Medical
21Technician-Paramedic (EMT-P) license expires.
22 (c-5) "Emergency Medical Responder" or "EMR (First
23Responder)" means a person who has successfully completed a
24course in emergency medical response as approved by the
25Department and provides emergency medical response services
26prior to the arrival of an ambulance or specialized emergency

SB2053- 36 -LRB100 08715 SMS 18851 b
1medical services vehicle, in accordance with the level of care
2established by the National EMS Educational Standards
3Emergency Medical Responder course as modified by the
4Department. An Emergency Medical Responder who provides
5services as part of an EMS System response plan shall comply
6with the applicable sections of the Program Plan, as approved
7by the Department, of that EMS System. The Department shall
8have the authority to adopt rules governing the curriculum,
9practice, and necessary equipment applicable to Emergency
10Medical Responders.
11 On the effective date of this amendatory Act of the 98th
12General Assembly, a person who is licensed by the Department as
13a First Responder and has completed a Department-approved
14course in first responder defibrillator training based on, or
15equivalent to, the National EMS Educational Standards or other
16standards previously recognized by the Department shall be
17eligible for licensure as an Emergency Medical Responder upon
18meeting the licensure requirements and submitting an
19application to the Department. A valid First Responder license
20issued under this Act shall continue to be valid and shall be
21recognized as an Emergency Medical Responder license until the
22First Responder license expires.
23 (c-10) All EMS Systems and licensees shall be fully
24compliant with the National EMS Education Standards, as
25modified by the Department in administrative rules, within 24
26months after the adoption of the administrative rules.

SB2053- 37 -LRB100 08715 SMS 18851 b
1 (d) The Department shall have the authority and
2responsibility to:
3 (1) Prescribe education and training requirements,
4 which includes training in the use of epinephrine, for all
5 levels of EMS personnel except for EMRs, based on the
6 National EMS Educational Standards and any modifications
7 to those curricula specified by the Department through
8 rules adopted pursuant to this Act.
9 (2) Prescribe licensure testing requirements for all
10 levels of EMS personnel, which shall include a requirement
11 that all phases of instruction, training, and field
12 experience be completed before taking the appropriate
13 licensure examination. Candidates may elect to take the
14 appropriate National Registry examination in lieu of the
15 Department's examination, but are responsible for making
16 their own arrangements for taking the National Registry
17 examination. In prescribing licensure testing requirements
18 for honorably discharged members of the armed forces of the
19 United States under this paragraph (2), the Department
20 shall ensure that a candidate's military emergency medical
21 training, emergency medical curriculum completed, and
22 clinical experience, as described in paragraph (2.5), are
23 recognized.
24 (2.5) Review applications for EMS personnel licensure
25 from honorably discharged members of the armed forces of
26 the United States with military emergency medical

SB2053- 38 -LRB100 08715 SMS 18851 b
1 training. Applications shall be filed with the Department
2 within one year after military discharge and shall contain:
3 (i) proof of successful completion of military emergency
4 medical training; (ii) a detailed description of the
5 emergency medical curriculum completed; and (iii) a
6 detailed description of the applicant's clinical
7 experience. The Department may request additional and
8 clarifying information. The Department shall evaluate the
9 application, including the applicant's training and
10 experience, consistent with the standards set forth under
11 subsections (a), (b), (c), and (d) of Section 3.10. If the
12 application clearly demonstrates that the training and
13 experience meets such standards, the Department shall
14 offer the applicant the opportunity to successfully
15 complete a Department-approved EMS personnel examination
16 for the level of license for which the applicant is
17 qualified. Upon passage of an examination, the Department
18 shall issue a license, which shall be subject to all
19 provisions of this Act that are otherwise applicable to the
20 level of EMS personnel license issued.
21 (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
22 or Paramedic who have met the Department's education,
23 training and examination requirements.
24 (4) Prescribe annual continuing education and
25 relicensure requirements for all EMS personnel licensure
26 levels.

SB2053- 39 -LRB100 08715 SMS 18851 b
1 (5) Relicense individuals as an EMD, EMR, EMT, EMT-I,
2 A-EMT, or Paramedic every 4 years, based on their
3 compliance with continuing education and relicensure
4 requirements as required by the Department pursuant to this
5 Act. Every 4 years, a Paramedic shall have 100 hours of
6 approved continuing education, an EMT-I and an advanced EMT
7 shall have 80 hours of approved continuing education, and
8 an EMT shall have 60 hours of approved continuing
9 education. An Illinois licensed EMR, EMD, EMT, EMT-I,
10 A-EMT, Paramedic, ECRN, or PHRN whose license has been
11 expired for less than 36 months may apply for reinstatement
12 by the Department. Reinstatement shall require that the
13 applicant (i) submit satisfactory proof of completion of
14 continuing medical education and clinical requirements to
15 be prescribed by the Department in an administrative rule;
16 (ii) submit a positive recommendation from an Illinois EMS
17 Medical Director attesting to the applicant's
18 qualifications for retesting; and (iii) pass a Department
19 approved test for the level of EMS personnel license sought
20 to be reinstated.
21 (6) Grant inactive status to any EMR, EMD, EMT, EMT-I,
22 A-EMT, Paramedic, ECRN, or PHRN who qualifies, based on
23 standards and procedures established by the Department in
24 rules adopted pursuant to this Act.
25 (7) Charge a fee for EMS personnel examination,
26 licensure, and license renewal.

SB2053- 40 -LRB100 08715 SMS 18851 b
1 (8) Suspend, revoke, or refuse to issue or renew the
2 license of any licensee, after an opportunity for an
3 impartial hearing before a neutral administrative law
4 judge appointed by the Director, where the preponderance of
5 the evidence shows one or more of the following:
6 (A) The licensee has not met continuing education
7 or relicensure requirements as prescribed by the
8 Department;
9 (B) The licensee has failed to maintain
10 proficiency in the level of skills for which he or she
11 is licensed;
12 (C) The licensee, during the provision of medical
13 services, engaged in dishonorable, unethical, or
14 unprofessional conduct of a character likely to
15 deceive, defraud, or harm the public;
16 (D) The licensee has failed to maintain or has
17 violated standards of performance and conduct as
18 prescribed by the Department in rules adopted pursuant
19 to this Act or his or her EMS System's Program Plan;
20 (E) The licensee is physically impaired to the
21 extent that he or she cannot physically perform the
22 skills and functions for which he or she is licensed,
23 as verified by a physician, unless the person is on
24 inactive status pursuant to Department regulations;
25 (F) The licensee is mentally impaired to the extent
26 that he or she cannot exercise the appropriate

SB2053- 41 -LRB100 08715 SMS 18851 b
1 judgment, skill and safety for performing the
2 functions for which he or she is licensed, as verified
3 by a physician, unless the person is on inactive status
4 pursuant to Department regulations;
5 (G) The licensee has violated this Act or any rule
6 adopted by the Department pursuant to this Act; or
7 (H) The licensee has been convicted (or entered a
8 plea of guilty or nolo-contendere) by a court of
9 competent jurisdiction of a Class X, Class 1, or Class
10 2 felony in this State or an out-of-state equivalent
11 offense. For applicants, the Department shall consider
12 prior convictions in accordance with Section 3.51 of
13 this Act.
14 (9) Prescribe education and training requirements in
15 the administration and use of opioid antagonists for all
16 levels of EMS personnel based on the National EMS
17 Educational Standards and any modifications to those
18 curricula specified by the Department through rules
19 adopted pursuant to this Act.
20 (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or
21PHRN who is a member of the Illinois National Guard or an
22Illinois State Trooper or who exclusively serves as a volunteer
23for units of local government with a population base of less
24than 5,000 or as a volunteer for a not-for-profit organization
25that serves a service area with a population base of less than
265,000 may submit an application to the Department for a waiver

SB2053- 42 -LRB100 08715 SMS 18851 b
1of the fees described under paragraph (7) of subsection (d) of
2this Section on a form prescribed by the Department.
3 The education requirements prescribed by the Department
4under this Section must allow for the suspension of those
5requirements in the case of a member of the armed services or
6reserve forces of the United States or a member of the Illinois
7National Guard who is on active duty pursuant to an executive
8order of the President of the United States, an act of the
9Congress of the United States, or an order of the Governor at
10the time that the member would otherwise be required to fulfill
11a particular education requirement. Such a person must fulfill
12the education requirement within 6 months after his or her
13release from active duty.
14 (e) In the event that any rule of the Department or an EMS
15Medical Director that requires testing for drug use as a
16condition of the applicable EMS personnel license conflicts
17with or duplicates a provision of a collective bargaining
18agreement that requires testing for drug use, that rule shall
19not apply to any person covered by the collective bargaining
20agreement.
21(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
22eff. 8-15-14; 99-480, eff. 9-9-15.)
23 (210 ILCS 50/3.51 new)
24 Sec. 3.51. Applicant convictions.
25 (a) The Department shall not request information from the

SB2053- 43 -LRB100 08715 SMS 18851 b
1applicant about the following, and shall not consider the
2following criminal history records in connection with an
3application for licensure:
4 (1) Juvenile adjudications of delinquent minors as
5 defined in 705 ILCS 405/5-120 subject to the restrictions
6 set forth in 705 ILCS 405/5-130.
7 (2) Law enforcement records, court records, and
8 conviction records of an individual who was 17 years old at
9 the time of the offense and before January 1, 2014, unless
10 the nature of the offense required the individual to be
11 tried as an adult.
12 (3) Records of arrest of an offense other than Class X,
13 Class 1 and Class 2 felony not followed by a conviction.
14 However, applicants shall not be asked to report any
15 arrests, and, any arrest not followed by a conviction shall
16 not be the basis of a denial and may be used only to assess
17 any aggravating or mitigating factors in connection with an
18 applicant's prior conviction for a Class X, Class 1 or
19 Class 2 felony.
20 (4) Convictions overturned by a higher court.
21 (5) Convictions or arrests that have been sealed or
22 expunged.
23 (b) When reviewing, for the purpose of determining whether
24to grant a license, a prior conviction or entry of a plea of
25guilty or nolo-contendere of a Class X, Class 1 or Class 2
26felony of an applicant, the Department shall consider any

SB2053- 44 -LRB100 08715 SMS 18851 b
1evidence of rehabilitation and mitigating factors contained in
2the applicant's record and the risk that an applicant's
3conviction history may present to patients. The factors may
4include the following:
5 (1) whether the conviction involved theft, deception
6 or infliction of intention, unjustified harm to others and
7 suggests a propensity that may pose a threat to the public
8 in stressful situation commonly confronted by EMS
9 providers and First Responders;
10 (2) the length of time since the conviction, the
11 severity of the penalty imposed and successful completion
12 of sentence;
13 (3) if the applicant was previously licensed or
14 employed in this State or other state or jurisdictions,
15 then the lack of prior misconduct arising from or related
16 to the licensed position or position of employment;
17 (4) the age of the person at the time of the criminal
18 offense;
19 (5) whether the applicant's conviction history
20 suggests a particular pattern of overall disregard for the
21 safety or property of others;
22 (6) any other evidence of rehabilitation or
23 rehabilitative effort during or after incarceration, or
24 during or after a term of supervision, including but not
25 limited to a certificate of good conduct under Section
26 5-5.5-25 of the Unified Code of Corrections or a

SB2053- 45 -LRB100 08715 SMS 18851 b
1 certificate of relief from disabilities under Section
2 5-5.5-10 of the Unified Code of Corrections;
3 (7) any other mitigating factors that contribute to the
4 person's potential and current ability to perform the job
5 duties; and
6 (8) other unusual facts and circumstance that strongly
7 suggest the applicant should not be granted a license.
8 (d) It is the affirmative obligation of the Department to
9demonstrate that a prior conviction would impair the ability of
10the applicant to engage in the licensed practice. If the
11Department refuses to issue a license to an applicant, then the
12Department shall notify the applicant of the denial in writing
13with the following included in the notice of denial:
14 (1) a statement about the decision to refuse to issue a
15 license;
16 (2) a list of the conviction items that formed the sole
17 or partial basis for the refusal to issue a license;
18 (3) a list of the mitigating evidence presented by the
19 applicant;
20 (4) reasons for refusing to issue a license specific to
21 the evidence presented in mitigation of conviction items
22 that formed the partial or sole basis for the Department's
23 decision; and
24 (5) a summary of the appeal process or the earliest the
25 applicant may reapply for a license, whichever is
26 applicable.

SB2053- 46 -LRB100 08715 SMS 18851 b
1 Section 30. The Clinical Social Work and Social Work
2Practice Act is amended by changing Section 19 and by adding
3Section 9A.1 as follows:
4 (225 ILCS 20/9A.1 new)
5 Sec. 9A.1. Applicant Convictions.
6 (a) The Department and the Board shall not require
7applicants to report information about the following and shall
8not consider the following criminal history records in
9connection with an application for licensure:
10 (1) Juvenile adjudications of delinquent minors as
11 defined in Section 5-105 of the Juvenile Court Act of 1987,
12 subject to the restrictions set forth in Section 5-130 of
13 the Juvenile Court Act of 1987.
14 (2) Law enforcement records, court records, and
15 conviction records of an individual who was 17 years old at
16 the time of the offense and before January 1, 2014, unless
17 the nature of the offense required the individual to be
18 tried as an adult.
19 (3) Records of arrest not followed by a conviction
20 unless related to the practice of the profession. However,
21 applicants shall not be asked to report any arrests, and,
22 an arrest not followed by a conviction shall not be the
23 basis of a denial and may be used only to assess an
24 applicant's rehabilitation.

SB2053- 47 -LRB100 08715 SMS 18851 b
1 (4) Convictions overturned by a higher court.
2 (5) Convictions or arrests that have been sealed or
3 expunged.
4 (b) Except as provided in Section 2105-165 of the
5Department of Professional Regulation Law, when determining
6whether to grant a license to an applicant with a prior
7conviction of a felony or of a misdemeanor directly related to
8the practice of the profession, the Department shall consider
9any evidence of rehabilitation and mitigating factors
10contained in the applicant's record, including any of the
11following:
12 (1) the lack of direct relation of the offense for
13 which the applicant was previously convicted to the duties,
14 functions, and responsibilities of the position for which a
15 license is sought;
16 (2) whether 5 years since a felony conviction or 3
17 years since release from confinement for the conviction,
18 whichever is later, have passed without a subsequent
19 conviction;
20 (3) if the applicant was previously licensed or
21 employed in this State or other state or jurisdictions,
22 then the lack of prior misconduct arising from or related
23 to the licensed position or position of employment;
24 (4) the age of the person at the time of the criminal
25 offense;
26 (5) successful completion of sentence and, for

SB2053- 48 -LRB100 08715 SMS 18851 b
1 applicants serving a term of parole or probation, a
2 progress report provided by the applicant's probation or
3 parole officer that documents the applicant's compliance
4 with conditions of supervision;
5 (6) evidence of the applicant's present fitness and
6 professional character;
7 (7) evidence of rehabilitation or rehabilitative
8 effort during or after incarceration, or during or after a
9 term of supervision, including, but not limited to, a
10 certificate of good conduct under Section 5-5.5-25 of the
11 Unified Code of Corrections or a certificate of relief from
12 disabilities under Section 5-5.5-10 of the Unified Code of
13 Corrections; and
14 (8) any other mitigating factors that contribute to the
15 person's potential and current ability to perform the
16 duties and responsibilities of the position for which a
17 license or employment is sought.
18 (c) It is the affirmative obligation of the Department to
19demonstrate that a prior conviction would impair the ability of
20the applicant to engage in the practice requiring a license. If
21the Department refuses to grant a license to an applicant, then
22the Department shall notify the applicant of the denial in
23writing with the following included in the notice of denial:
24 (1) a statement about the decision to refuse to issue a
25 license;
26 (2) a list of the convictions that formed the sole or

SB2053- 49 -LRB100 08715 SMS 18851 b
1 partial basis for the refusal to issue a license;
2 (3) a list of the mitigating evidence presented by the
3 applicant;
4 (4) reasons for refusing to issue a license specific to
5 the evidence presented in mitigation of conviction items
6 that formed the partial or sole basis for the Department's
7 decision; and
8 (5) a summary of the appeal process or the earliest the
9 applicant may reapply for a license, whichever is
10 applicable.
11 (d) No later than May 1 of each year, the Department must
12prepare, publicly announce, and publish a report of summary
13statistical information relating to new and renewal license
14applications during the preceding calendar year. Each report
15shall show at minimum:
16 (1) the number of applicants for a new or renewal
17 license under this Act within the previous calendar year;
18 (2) the number of applicants for a new or renewal
19 license under this Act within the previous calendar year
20 who had any criminal conviction;
21 (3) the number of applicants for a new or renewal
22 license under this Act in the previous calendar year who
23 were granted a license;
24 (4) the number of applicants for a new or renewal
25 license with a criminal conviction who were granted a
26 license under this Act within the previous calendar year;

SB2053- 50 -LRB100 08715 SMS 18851 b
1 (5) the number of applicants for a new or renewal
2 license under this Act within the previous calendar year
3 who were denied a license;
4 (6) the number of applicants for a new or renewal
5 license with a criminal conviction who were denied a
6 license under this Act in the previous calendar year in
7 part or in whole because of a prior conviction;
8 (7) the number of probationary licenses without
9 monitoring issued under this Act in the previous calendar
10 year to applicants with criminal conviction; and
11 (8) the number of probationary licenses with
12 monitoring issued under this Act in the previous calendar
13 year to applicants with criminal conviction.
14 (225 ILCS 20/19) (from Ch. 111, par. 6369)
15 (Section scheduled to be repealed on January 1, 2018)
16 Sec. 19. Grounds for disciplinary action.
17 (1) The Department may refuse to issue, refuse to renew,
18suspend, or revoke any license, or may place on probation,
19censure, reprimand, or take other disciplinary or
20non-disciplinary action deemed appropriate by the Department,
21including the imposition of fines not to exceed $10,000 for
22each violation, with regard to any license issued under the
23provisions of this Act for any one or a combination of the
24following reasons:
25 (a) material misstatements of fact in furnishing

SB2053- 51 -LRB100 08715 SMS 18851 b
1 information to the Department or to any other State agency
2 or in furnishing information to any insurance company with
3 respect to a claim on behalf of a licensee or a patient;
4 (b) violations or negligent or intentional disregard
5 of this Act, or any of the rules promulgated hereunder;
6 (c) for licensees, conviction of or entry of a plea of
7 guilty or nolo contendere to any crime that is a felony
8 under the laws of the United States or any state or
9 territory thereof or that is a misdemeanor, of which an
10 essential element is dishonesty, or any crime that is
11 directly related to the practice of the clinical social
12 work or social work professions; provisions set forth in
13 Section 9A.1 apply for applicants;
14 (d) making any misrepresentation for the purpose of
15 obtaining licenses, or violating any provision of this Act
16 or any of the rules promulgated hereunder;
17 (e) professional incompetence;
18 (f) malpractice;
19 (g) aiding or assisting another person in violating any
20 provision of this Act or any rules;
21 (h) failing to provide information within 30 days in
22 response to a written request made by the Department;
23 (i) engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public as defined by the rules of the
26 Department, or violating the rules of professional conduct

SB2053- 52 -LRB100 08715 SMS 18851 b
1 adopted by the Board and published by the Department;
2 (j) habitual or excessive use or addiction to alcohol,
3 narcotics, stimulants, or any other chemical agent or drug
4 that results in a clinical social worker's or social
5 worker's inability to practice with reasonable judgment,
6 skill, or safety;
7 (k) discipline by another jurisdiction, if at least one
8 of the grounds for the discipline is the same or
9 substantially equivalent to those set forth in this
10 Section;
11 (l) directly or indirectly giving to or receiving from
12 any person, firm, corporation, partnership, or association
13 any fee, commission, rebate or other form of compensation
14 for any professional service not actually rendered.
15 Nothing in this paragraph (l) affects any bona fide
16 independent contractor or employment arrangements among
17 health care professionals, health facilities, health care
18 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 (l) shall be construed to require
24 an employment arrangement to receive professional fees for
25 services rendered;
26 (m) a finding by the Board that the licensee, after

SB2053- 53 -LRB100 08715 SMS 18851 b
1 having the license placed on probationary status, has
2 violated the terms of probation;
3 (n) abandonment, without cause, of a client;
4 (o) wilfully filing false reports relating to a
5 licensee's practice, including but not limited to false
6 records filed with Federal or State agencies or
7 departments;
8 (p) wilfully failing to report an instance of suspected
9 child abuse or neglect as required by the Abused and
10 Neglected Child Reporting Act;
11 (q) being named as a perpetrator in an indicated report
12 by the Department of Children and Family Services under the
13 Abused and Neglected Child Reporting Act, and upon proof by
14 clear and convincing evidence that the licensee has caused
15 a child to be or failed to take reasonable steps to prevent
16 a child from being an abused child or neglected child as
17 defined in the Abused and Neglected Child Reporting Act;
18 (r) physical illness, mental illness, or any other
19 impairment or disability, including, but not limited to,
20 deterioration through the aging process, or loss of motor
21 skills that results in the inability to practice the
22 profession with reasonable judgment, skill or safety;
23 (s) solicitation of professional services by using
24 false or misleading advertising; or
25 (t) violation of the Health Care Worker Self-Referral
26 Act.

SB2053- 54 -LRB100 08715 SMS 18851 b
1 (2) (Blank).
2 (3) The determination by a court that a licensee is subject
3to involuntary admission or judicial admission as provided in
4the Mental Health and Developmental Disabilities Code, will
5result in an automatic suspension of his license. Such
6suspension will end upon a finding by a court that the licensee
7is no longer subject to involuntary admission or judicial
8admission and issues an order so finding and discharging the
9patient, and upon the recommendation of the Board to the
10Secretary that the licensee be allowed to resume professional
11practice.
12 (4) The Department may refuse to issue or renew or may
13suspend the license of a person who (i) fails to file a return,
14pay the tax, penalty, or interest shown in a filed return, or
15pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Department of
17Revenue, until the requirements of the tax Act are satisfied or
18(ii) has failed to pay any court-ordered child support as
19determined by a court order or by referral from the Department
20of Healthcare and Family Services.
21 (5) In enforcing this Section, the Board upon a showing of
22a possible violation may compel a person licensed to practice
23under this Act, or who has applied for licensure or
24certification pursuant to this Act, to submit to a mental or
25physical examination, or both, as required by and at the
26expense of the Department. The examining physicians shall be

SB2053- 55 -LRB100 08715 SMS 18851 b
1those specifically designated by the Board. The Board or the
2Department may order the examining physician to present
3testimony concerning this mental or physical examination of the
4licensee or applicant. No information shall be excluded by
5reason of any common law or statutory privilege relating to
6communications between the licensee or applicant and the
7examining physician. The person to be examined may have, at his
8or her own expense, another physician of his or her choice
9present during all aspects of the examination. Failure of any
10person to submit to a mental or physical examination, when
11directed, shall be grounds for suspension of a license until
12the person submits to the examination if the Board finds, after
13notice and hearing, that the refusal to submit to the
14examination was without reasonable cause.
15 If the Board finds a person unable to practice because of
16the reasons set forth in this Section, the Board may require
17that person to submit to care, counseling, or treatment by
18physicians approved or designated by the Board, as a condition,
19term, or restriction for continued, reinstated, or renewed
20licensure to practice; or, in lieu of care, counseling or
21treatment, the Board may recommend to the Department to file a
22complaint to immediately suspend, revoke or otherwise
23discipline the license of the person. Any person whose license
24was granted, continued, reinstated, renewed, disciplined or
25supervised subject to such terms, conditions or restrictions,
26and who fails to comply with such terms, conditions, or

SB2053- 56 -LRB100 08715 SMS 18851 b
1restrictions, shall be referred to the Secretary for a
2determination as to whether the person shall have his or her
3license suspended immediately, pending a hearing by the Board.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Board within 30 days after the
7suspension and completed without appreciable delay. The Board
8shall have the authority to review the subject person's record
9of treatment and counseling regarding the impairment, to the
10extent permitted by applicable federal statutes and
11regulations safeguarding the confidentiality of medical
12records.
13 A person licensed under this Act and affected under this
14Section shall be afforded an opportunity to demonstrate to the
15Board that he or she can resume practice in compliance with
16acceptable and prevailing standards under the provisions of his
17or her license.
18(Source: P.A. 98-756, eff. 7-16-14.)
19 Section 35. The Dietitian Nutritionist Practice Act is
20amended by changing Section 95 and by adding Section 96 as
21follows:
22 (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
23 (Section scheduled to be repealed on January 1, 2023)
24 Sec. 95. Grounds for discipline.

SB2053- 57 -LRB100 08715 SMS 18851 b
1 (1) The Department may refuse to issue or renew, or may
2revoke, suspend, place on probation, reprimand, or take other
3disciplinary or non-disciplinary action as the Department may
4deem appropriate, including imposing fines not to exceed
5$10,000 for each violation, with regard to any license or
6certificate for any one or combination of the following causes:
7 (a) Material misstatement in furnishing information to
8 the Department.
9 (b) Violations of this Act or of rules adopted under
10 this Act.
11 (c) For licensees, conviction Conviction by plea of
12 guilty or nolo contendere, finding of guilt, jury verdict,
13 or entry of judgment or by sentencing of any crime,
14 including, but not limited to, convictions, preceding
15 sentences of supervision, conditional discharge, or first
16 offender probation, under the laws of any jurisdiction of
17 the United States (i) that is a felony or (ii) that is a
18 misdemeanor, an essential element of which is dishonesty,
19 or that is directly related to the practice of the
20 profession. For applicants, provisions set forth in
21 Section 96 apply.
22 (d) Fraud or any misrepresentation in applying for or
23 procuring a license under this Act or in connection with
24 applying for renewal of a license under this Act.
25 (e) Professional incompetence or gross negligence.
26 (f) Malpractice.

SB2053- 58 -LRB100 08715 SMS 18851 b
1 (g) Aiding or assisting another person in violating any
2 provision of this Act or its rules.
3 (h) Failing to provide information within 60 days in
4 response to a written request made by the Department.
5 (i) Engaging in dishonorable, unethical or
6 unprofessional conduct of a character likely to deceive,
7 defraud, or harm the public.
8 (j) Habitual or excessive use or abuse of drugs defined
9 in law as controlled substances, alcohol, or any other
10 substance that results in the inability to practice with
11 reasonable judgment, skill, or safety.
12 (k) Discipline by another state, the District of
13 Columbia, territory, country, or governmental agency if at
14 least one of the grounds for the discipline is the same or
15 substantially equivalent to those set forth in this Act.
16 (l) Charging for professional services not rendered,
17 including filing false statements for the collection of
18 fees for which services are not rendered. Nothing in this
19 paragraph (1) affects any bona fide independent contractor
20 or employment arrangements among health care
21 professionals, health facilities, health care providers,
22 or other entities, except as otherwise prohibited by law.
23 Any employment arrangements may include provisions for
24 compensation, health insurance, pension, or other
25 employment benefits for the provision of services within
26 the scope of the licensee's practice under this Act.

SB2053- 59 -LRB100 08715 SMS 18851 b
1 Nothing in this paragraph (1) shall be construed to require
2 an employment arrangement to receive professional fees for
3 services rendered.
4 (m) A finding by the Department that the licensee,
5 after having his or her license placed on probationary
6 status, has violated the terms of probation.
7 (n) Willfully making or filing false records or reports
8 in his or her practice, including, but not limited to,
9 false records filed with State agencies or departments.
10 (o) Allowing one's license under this Act to be used by
11 an unlicensed person in violation of this Act.
12 (p) Practicing under a false or, except as provided by
13 law, an assumed name.
14 (q) Gross and willful overcharging for professional
15 services.
16 (r) (Blank).
17 (s) Willfully failing to report an instance of
18 suspected child abuse or neglect as required by the Abused
19 and Neglected Child Reporting Act.
20 (t) Cheating on or attempting to subvert a licensing
21 examination administered under this Act.
22 (u) Mental illness or disability that results in the
23 inability to practice under this Act with reasonable
24 judgment, skill, or safety.
25 (v) Physical illness, including, but not limited to,
26 deterioration through the aging process or loss of motor

SB2053- 60 -LRB100 08715 SMS 18851 b
1 skill that results in a licensee's inability to practice
2 under this Act with reasonable judgment, skill, or safety.
3 (w) Advising an individual to discontinue, reduce,
4 increase, or otherwise alter the intake of a drug
5 prescribed by a physician licensed to practice medicine in
6 all its branches or by a prescriber as defined in Section
7 102 of the Illinois Controlled Substances Act.
8 (2) The Department may refuse to issue or may suspend
9without hearing, as provided for in the Code of Civil
10Procedure, the license of any person who fails to file a
11return, or pay the tax, penalty, or interest shown in a filed
12return, or pay any final assessment of the tax, penalty, or
13interest as required by any tax Act administered by the
14Illinois Department of Revenue, until such time as the
15requirements of any such tax Act are satisfied in accordance
16with subsection (g) of Section 2105-15 of the Civil
17Administrative Code of Illinois.
18 (3) The Department shall deny a license or renewal
19authorized by this Act to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with item (5) of subsection
23(a) of Section 2105-15 of the Civil Administrative Code of
24Illinois.
25 (4) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential

SB2053- 61 -LRB100 08715 SMS 18851 b
1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency to
3the Department, the Department may refuse to issue or renew or
4may revoke or suspend that person's license or may take other
5disciplinary action against that person based solely upon the
6certification of delinquency made by the Department of
7Healthcare and Family Services in accordance with item (5) of
8subsection (a) of Section 2105-15 of the Civil Administrative
9Code of Illinois.
10 (5) The determination by a circuit court that a licensee is
11subject to involuntary admission or judicial admission, as
12provided in the Mental Health and Developmental Disabilities
13Code, operates as an automatic suspension. The suspension shall
14end only upon a finding by a court that the patient is no
15longer subject to involuntary admission or judicial admission
16and the issuance of an order so finding and discharging the
17patient.
18 (6) In enforcing this Act, the Department, upon a showing
19of a possible violation, may compel an individual licensed to
20practice under this Act, or who has applied for licensure under
21this Act, to submit to a mental or physical examination, or
22both, as required by and at the expense of the Department. The
23Department may order the examining physician to present
24testimony concerning the mental or physical examination of the
25licensee or applicant. No information shall be excluded by
26reason of any common law or statutory privilege relating to

SB2053- 62 -LRB100 08715 SMS 18851 b
1communications between the licensee or applicant and the
2examining physician. The examining physicians shall be
3specifically designated by the Department. The individual to be
4examined may have, at his or her own expense, another physician
5of his or her choice present during all aspects of this
6examination. The examination shall be performed by a physician
7licensed to practice medicine in all its branches. Failure of
8an individual to submit to a mental or physical examination,
9when directed, shall result in an automatic suspension without
10hearing.
11 A person holding a license under this Act or who has
12applied for a license under this Act who, because of a physical
13or mental illness or disability, including, but not limited to,
14deterioration through the aging process or loss of motor skill,
15is unable to practice the profession with reasonable judgment,
16skill, or safety, may be required by the Department to submit
17to care, counseling, or treatment by physicians approved or
18designated by the Department as a condition, term, or
19restriction for continued, reinstated, or renewed licensure to
20practice. Submission to care, counseling, or treatment as
21required by the Department shall not be considered discipline
22of a license. If the licensee refuses to enter into a care,
23counseling, or treatment agreement or fails to abide by the
24terms of the agreement, then the Department may file a
25complaint to revoke, suspend, or otherwise discipline the
26license of the individual. The Secretary may order the license

SB2053- 63 -LRB100 08715 SMS 18851 b
1suspended immediately, pending a hearing by the Department.
2Fines shall not be assessed in disciplinary actions involving
3physical or mental illness or impairment.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 15 days after
7the suspension and completed without appreciable delay. The
8Department shall have the authority to review the subject
9individual's record of treatment and counseling regarding the
10impairment to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13 An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department that he or she can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of his or her license.
18(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
1998-756, eff. 7-16-14.)
20 (225 ILCS 30/96 new)
21 Sec. 96. Applicant convictions.
22 (a) The Department shall not require the applicant to
23report the following information and shall not consider the
24following criminal history records in connection with an
25application for licensure:

SB2053- 64 -LRB100 08715 SMS 18851 b
1 (1) Juvenile adjudications of delinquent minors as
2 defined in Section 5-105 of the Juvenile Court Act of 1987,
3 subject to the restrictions set forth in Section 5-130 of
4 the Juvenile Court Act of 1987.
5 (2) Law enforcement records, court records, and
6 conviction records of an individual who was 17 years old at
7 the time of the offense and before January 1, 2014, unless
8 the nature of the offense required the individual to be
9 tried as an adult.
10 (3) Records of arrest not followed by a conviction
11 unless related to the practice of the profession. However,
12 applicants shall not be asked to report any arrests, and,
13 an arrest not followed by a conviction shall not be the
14 basis of a denial and may be used only to assess an
15 applicant's rehabilitation.
16 (4) Convictions overturned by a higher court.
17 (5) Convictions or arrests that have been sealed or
18 expunged.
19 (b) When reviewing, for the purpose of licensure, a
20conviction of any felony or a misdemeanor directly related to
21the practice of the profession of an applicant, the Department
22shall consider any evidence of rehabilitation and mitigating
23factors contained in the applicant's record, including any of
24the following:
25 (1) the lack of direct relation of the offense for
26 which the applicant was previously convicted to the duties,

SB2053- 65 -LRB100 08715 SMS 18851 b
1 functions, and responsibilities of the position for which a
2 license is sought;
3 (2) whether 5 years since a felony conviction or 3
4 years since release from confinement for the conviction,
5 whichever is later, have passed without a subsequent
6 conviction;
7 (3) if the applicant was previously licensed or
8 employed in this State or other state or jurisdictions,
9 then the lack of prior misconduct arising from or related
10 to the licensed position or position of employment;
11 (4) the age of the person at the time of the criminal
12 offense;
13 (5) for applicants serving a term of parole or
14 probation, a progress report provided by the applicant's
15 probation or parole officer that documents the applicant's
16 compliance with conditions of supervision;
17 (6) evidence of the applicant's present fitness and
18 professional character;
19 (7) evidence of rehabilitation or rehabilitative
20 effort during or after incarceration, or during or after a
21 term of supervision, including, but not limited to, a
22 certificate of good conduct under Section 5-5.5-25 of the
23 Unified Code of Corrections or a certificate of relief from
24 disabilities under Section 5-5.5-10 of the Unified Code of
25 Corrections; and
26 (8) any other mitigating factors that contribute to the

SB2053- 66 -LRB100 08715 SMS 18851 b
1 person's potential and current ability to perform the
2 duties and responsibilities of the position for which a
3 license or employment is sought.
4 (c) It is the affirmative obligation of the Department to
5demonstrate that a prior conviction would impair the ability of
6the applicant to engage in the licensed practice. If the
7Department refuses to issue a license to an applicant, then the
8Department shall notify the applicant of the denial in writing
9with the following included in the notice of denial:
10 (1) a statement about the decision to refuse to issue a
11 license;
12 (2) a list of the conviction items that formed the sole
13 or partial basis for the refusal to issue a license;
14 (3) a list of the mitigating evidence presented by the
15 applicant;
16 (4) reasons for refusing to issue a license specific to
17 the evidence presented in mitigation of conviction items
18 that formed the partial or sole basis for the Department's
19 decision; and
20 (5) a summary of the appeal process or the earliest the
21 applicant may reapply for a license, whichever is
22 applicable.
23 (d) No later than May 1 of each year, the Department must
24prepare, publicly announce, and publish a report of summary
25statistical information relating to new and renewal license
26applications during the preceding calendar year. Each report

SB2053- 67 -LRB100 08715 SMS 18851 b
1shall show at minimum:
2 (1) the number of applicants for a new or renewal
3 license under this Act within the previous calendar year;
4 (2) the number of applicants for a new or renewal
5 license under this Act within the previous calendar year
6 who had any criminal conviction;
7 (3) the number of applicants for a new or renewal
8 license under this Act in the previous calendar year who
9 were granted a license;
10 (4) the number of applicants for a new or renewal
11 license with a criminal conviction who were granted a
12 license under this Act within the previous calendar year;
13 (5) the number of applicants for a new or renewal
14 license under this Act within the previous calendar year
15 who were denied a license;
16 (6) the number of applicants for a new or renewal
17 license with a criminal conviction who were denied a
18 license under this Act in the previous calendar year in
19 part or in whole because of a prior conviction;
20 (7) the number of probationary licenses without
21 monitoring issued under this Act in the previous calendar
22 year to applicants with criminal conviction; and
23 (8) the number of probationary licenses with
24 monitoring issued under this Act in the previous calendar
25 year to applicants with criminal conviction.

SB2053- 68 -LRB100 08715 SMS 18851 b
1 Section 40. The Environmental Health Practitioner
2Licensing Act is amended by changing Section 35 and by adding
3Section 32 as follows:
4 (225 ILCS 37/32 new)
5 Sec. 32. Applicant convictions.
6 (a) The Department shall not require the applicant to
7report the following information and shall not consider the
8following criminal history records in connection with an
9application for licensure:
10 (1) Juvenile adjudications of delinquent minors as
11 defined in Section 5-105 of the Juvenile Court Act of 1987,
12 subject to the restrictions set forth in Section 5-130 of
13 the Juvenile Court Act of 1987.
14 (2) Law enforcement records, court records, and
15 conviction records of an individual who was 17 years old at
16 the time of the offense and before January 1, 2014, unless
17 the nature of the offense required the individual to be
18 tried as an adult.
19 (3) Records of arrest not followed by a conviction
20 unless related to the practice of the profession. However,
21 applicants shall not be asked to report any arrests, and,
22 an arrest not followed by a conviction shall not be the
23 basis of a denial and may be used only to assess an
24 applicant's rehabilitation.
25 (4) Convictions overturned by a higher court.

SB2053- 69 -LRB100 08715 SMS 18851 b
1 (5) Convictions or arrests that have been sealed or
2 expunged.
3 (b) When reviewing, for the purpose of determining whether
4to grant a license, a conviction of any misdemeanor directly
5related to the practice of the profession or of any felony of
6the applicant, the Department shall consider any evidence of
7rehabilitation and mitigating factors contained in the
8applicant's record, including any of the following:
9 (1) the lack of direct relation of the offense for
10 which the applicant was previously convicted to the duties,
11 functions, and responsibilities of the position for which a
12 license is sought;
13 (2) whether 5 years since a felony conviction or 3
14 years since release from confinement for the conviction,
15 whichever is later, have passed without a subsequent
16 conviction;
17 (3) if the applicant was previously licensed or
18 employed in this State or other state or jurisdictions,
19 then the lack of prior misconduct arising from or related
20 to the licensed position or position of employment;
21 (4) the age of the person at the time of the criminal
22 offense;
23 (5) successful completion of sentence and, for
24 applicants serving a term of parole or probation, a
25 progress report provided by the applicant's probation or
26 parole officer that documents the applicant's compliance

SB2053- 70 -LRB100 08715 SMS 18851 b
1 with conditions of supervision;
2 (6) evidence of the applicant's present fitness and
3 professional character;
4 (7) evidence of rehabilitation or rehabilitative
5 effort during or after incarceration, or during or after a
6 term of supervision, including, but not limited to, a
7 certificate of good conduct under Section 5-5.5-25 of the
8 Unified Code of Corrections or a certificate of relief from
9 disabilities under Section 5-5.5-10 of the Unified Code of
10 Corrections; and
11 (9) any other mitigating factors that contribute to the
12 person's potential and current ability to perform the
13 duties and responsibilities of the position for which a
14 license or employment is sought.
15 (c) It is the affirmative obligation of the Department to
16demonstrate that a prior conviction would impair the ability of
17the applicant to engage in the licensed practice. If the
18Department refuses to issue a license to an applicant, then the
19applicant shall be notified of the denial in writing with the
20following included in the notice of denial:
21 (1) a statement about the decision to refuse to issue a
22 license;
23 (2) a list of the convictions that formed the sole or
24 partial basis for the refusal to issue a license;
25 (3) a list of the mitigating evidence presented by the
26 applicant;

SB2053- 71 -LRB100 08715 SMS 18851 b
1 (4) reasons for refusing to issue a license specific to
2 the evidence presented in mitigation of conviction items
3 that formed the partial or sole basis for the Department's
4 decision; and
5 (5) a summary of the appeal process or the earliest the
6 applicant may reapply for a license, whichever is
7 applicable.
8 (d) No later than May 1 of each year, the Department must
9prepare, publicly announce, and publish a report of summary
10statistical information relating to new and renewal license
11applications during the preceding calendar year. Each report
12shall show at minimum:
13 (1) the number of applicants for a new or renewal
14 license under this Act within the previous calendar year;
15 (2) the number of applicants for a new or renewal
16 license under this Act within the previous calendar year
17 who had any criminal conviction;
18 (3) the number of applicants for a new or renewal
19 license under this Act in the previous calendar year who
20 were granted a license;
21 (4) the number of applicants for a new or renewal
22 license with a criminal conviction who were granted a
23 license under this Act within the previous calendar year;
24 (5) the number of applicants for a new or renewal
25 license under this Act within the previous calendar year
26 who were denied a license;

SB2053- 72 -LRB100 08715 SMS 18851 b
1 (6) the number of applicants for a new or renewal
2 license with a criminal conviction who were denied a
3 license under this Act in the previous calendar year in
4 part or in whole because of a prior conviction;
5 (7) the number of probationary licenses without
6 monitoring issued under this Act in the previous calendar
7 year to applicants with criminal conviction; and
8 (8) the number of probationary licenses with
9 monitoring issued under this Act in the previous calendar
10 year to applicants with criminal conviction.
11 (225 ILCS 37/35)
12 (Section scheduled to be repealed on January 1, 2019)
13 Sec. 35. Grounds for discipline.
14 (a) The Department may refuse to issue or renew, or may
15revoke, suspend, place on probation, reprimand, or take other
16disciplinary action with regard to any license issued under
17this Act as the Department may consider proper, including the
18imposition of fines not to exceed $5,000 for each violation,
19for any one or combination of the following causes:
20 (1) Material misstatement in furnishing information to
21 the Department.
22 (2) Violations of this Act or its rules.
23 (3) For licensees, conviction Conviction of any felony
24 under the laws of any U.S. jurisdiction, any misdemeanor an
25 essential element of which is dishonesty, or any crime that

SB2053- 73 -LRB100 08715 SMS 18851 b
1 is directly related to the practice of the profession and,
2 for applicants only, convictions set forth in Section 32 of
3 this Act may be grounds for refusing to issue a license.
4 (4) Making any misrepresentation for the purpose of
5 obtaining a certificate of registration.
6 (5) Professional incompetence.
7 (6) Aiding or assisting another person in violating any
8 provision of this Act or its rules.
9 (7) Failing to provide information within 60 days in
10 response to a written request made by the Department.
11 (8) Engaging in dishonorable, unethical, or
12 unprofessional conduct of a character likely to deceive,
13 defraud, or harm the public as defined by rules of the
14 Department.
15 (9) Habitual or excessive use or addiction to alcohol,
16 narcotics, stimulants, or any other chemical agent or drug
17 that results in an environmental health practitioner's
18 inability to practice with reasonable judgment, skill, or
19 safety.
20 (10) Discipline by another U.S. jurisdiction or
21 foreign nation, if at least one of the grounds for a
22 discipline is the same or substantially equivalent to those
23 set forth in this Act.
24 (11) A finding by the Department that the registrant,
25 after having his or her license placed on probationary
26 status, has violated the terms of probation.

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1 (12) Willfully making or filing false records or
2 reports in his or her practice, including, but not limited
3 to, false records filed with State agencies or departments.
4 (13) Physical illness, including, but not limited to,
5 deterioration through the aging process or loss of motor
6 skills that result in the inability to practice the
7 profession with reasonable judgment, skill, or safety.
8 (14) Failure to comply with rules promulgated by the
9 Illinois Department of Public Health or other State
10 agencies related to the practice of environmental health.
11 (15) The Department shall deny any application for a
12 license or renewal of a license under this Act, without
13 hearing, to a person who has defaulted on an educational
14 loan guaranteed by the Illinois Student Assistance
15 Commission; however, the Department may issue a license or
16 renewal of a license if the person in default has
17 established a satisfactory repayment record as determined
18 by the Illinois Student Assistance Commission.
19 (16) Solicitation of professional services by using
20 false or misleading advertising.
21 (17) A finding that the license has been applied for or
22 obtained by fraudulent means.
23 (18) Practicing or attempting to practice under a name
24 other than the full name as shown on the license or any
25 other legally authorized name.
26 (19) Gross overcharging for professional services

SB2053- 75 -LRB100 08715 SMS 18851 b
1 including filing statements for collection of fees or
2 moneys for which services are not rendered.
3 (b) The Department may refuse to issue or may suspend the
4license of any person who fails to (i) file a return, (ii) pay
5the tax, penalty, or interest shown in a filed return; or (iii)
6pay any final assessment of the tax, penalty, or interest as
7required by any tax Act administered by the Illinois Department
8of Revenue until the requirements of the tax Act are satisfied.
9 (c) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission to a
11mental health facility as provided in the Mental Health and
12Developmental Disabilities Code operates as an automatic
13suspension. The suspension may end only upon a finding by a
14court that the licensee is no longer subject to involuntary
15admission or judicial admission, the issuance of an order so
16finding and discharging the patient, and the recommendation of
17the Board to the Director that the licensee be allowed to
18resume practice.
19 (d) In enforcing this Section, the Department, upon a
20showing of a possible violation, may compel any person licensed
21to practice under this Act or who has applied for licensure or
22certification pursuant to this Act to submit to a mental or
23physical examination, or both, as required by and at the
24expense of the Department. The examining physicians shall be
25those specifically designated by the Department. The
26Department may order the examining physician to present

SB2053- 76 -LRB100 08715 SMS 18851 b
1testimony concerning this mental or physical examination of the
2licensee or applicant. No information shall be excluded by
3reason of any common law or statutory privilege relating to
4communications between the licensee or applicant and the
5examining physician. The person to be examined may have, at his
6or her own expense, another physician of his or her choice
7present during all aspects of the examination. Failure of any
8person to submit to a mental or physical examination, when
9directed, shall be grounds for suspension of a license until
10the person submits to the examination if the Department finds,
11after notice and hearing, that the refusal to submit to the
12examination was without reasonable cause.
13 If the Department finds an individual unable to practice
14because of the reasons set forth in this Section, the
15Department may require that individual to submit to care,
16counseling, or treatment by physicians approved or designated
17by the Department, as a condition, term, or restriction for
18continued, reinstated, or renewed licensure to practice or, in
19lieu of care, counseling, or treatment, the Department may file
20a complaint to immediately suspend, revoke, or otherwise
21discipline the license of the individual.
22 Any person whose license was granted, continued,
23reinstated, renewed, disciplined, or supervised subject to
24such terms, conditions, or restrictions and who fails to comply
25with such terms, conditions, or restrictions shall be referred
26to the Director for a determination as to whether the person

SB2053- 77 -LRB100 08715 SMS 18851 b
1shall have his or her license suspended immediately, pending a
2hearing by the Department.
3 In instances in which the Director immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 15 days after
6the suspension and completed without appreciable delay. The
7Department shall have the authority to review the subject
8person's record of treatment and counseling regarding the
9impairment, to the extent permitted by applicable federal
10statutes and regulations safeguarding the confidentiality of
11medical records.
12 A person licensed under this Act and affected under this
13Section shall be afforded an opportunity to demonstrate to the
14Department that he or she can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of his or her license.
17(Source: P.A. 92-837, eff. 8-22-02.)
18 Section 45. The Massage Licensing Act is amended by
19changing Sections 15 and 45 and by adding Section 15.1 as
20follows:
21 (225 ILCS 57/15)
22 (Section scheduled to be repealed on January 1, 2022)
23 Sec. 15. Licensure requirements.
24 (a) Persons engaged in massage for compensation must be

SB2053- 78 -LRB100 08715 SMS 18851 b
1licensed by the Department. The Department shall issue a
2license to an individual who meets all of the following
3requirements:
4 (1) The applicant has applied in writing on the
5 prescribed forms and has paid the required fees.
6 (2) The applicant is at least 18 years of age and of
7 good moral character. In determining good moral character,
8 the Department may take into consideration conviction of
9 any crime under the laws of the United States or any state
10 or territory thereof that is a felony or is a misdemeanor
11 or any crime that is directly related to the practice of
12 the profession and evidence of rehabilitation and
13 mitigating factors set forth in Section 15.1 of this Act.
14 Such a conviction shall not operate automatically as a
15 complete bar to a license, except in the case of any
16 conviction for prostitution, rape, or sexual misconduct,
17 or where the applicant is a registered sex offender.
18 (3) The applicant has met one of the following
19 requirements:
20 (A) has successfully completed a massage therapy
21 program approved by the Department that requires a
22 minimum of 500 hours, except applicants applying on or
23 after January 1, 2014 shall meet a minimum requirement
24 of 600 hours, and has passed a competency examination
25 approved by the Department;
26 (B) holds a current license from another

SB2053- 79 -LRB100 08715 SMS 18851 b
1 jurisdiction having licensure requirements that
2 include the completion of a massage therapy program of
3 at least 500 hours; or
4 (C) (blank).
5 (b) Each applicant for licensure as a massage therapist
6shall have his or her fingerprints submitted to the Department
7of State Police in an electronic format that complies with the
8form and manner for requesting and furnishing criminal history
9record information as prescribed by the Department of State
10Police. These fingerprints shall be checked against the
11Department of State Police and Federal Bureau of Investigation
12criminal history record databases now and hereafter filed. The
13Department of State Police shall charge applicants a fee for
14conducting the criminal history records check, which shall be
15deposited into the State Police Services Fund and shall not
16exceed the actual cost of the records check. The Department of
17State Police shall furnish, pursuant to positive
18identification, records of Illinois convictions to the
19Department. The Department may require applicants to pay a
20separate fingerprinting fee, either to the Department or to a
21vendor. The Department, in its discretion, may allow an
22applicant who does not have reasonable access to a designated
23vendor to provide his or her fingerprints in an alternative
24manner. The Department may adopt any rules necessary to
25implement this Section.
26(Source: P.A. 97-514, eff. 8-23-11.)

SB2053- 80 -LRB100 08715 SMS 18851 b
1 (225 ILCS 57/15.1 new)
2 Sec. 15.1. Applicant convictions.
3 (a) The Department shall not require the applicant to
4report the following information and shall not consider the
5following criminal history records in connection with an
6application for licensure:
7 (1) Juvenile adjudications of delinquent minors as
8 defined in Section 5-105 of the Juvenile Court Act of 1987,
9 subject to the restrictions set forth in Section 5-130 of
10 the Juvenile Court Act of 1987.
11 (2) Law enforcement records, court records, and
12 conviction records of an individual who was 17 years old at
13 the time of the offense and before January 1, 2014, unless
14 the nature of the offense required the individual to be
15 tried as an adult.
16 (3) Records of arrest not followed by a conviction
17 unless related to the practice of the profession. However,
18 applicants shall not be asked to report any arrests, and,
19 an arrest not followed by a conviction shall not be the
20 basis of a denial and may be used only to assess an
21 applicant's rehabilitation.
22 (4) Convictions overturned by a higher court.
23 (5) Convictions or arrests that have been sealed or
24 expunged.
25 (b) No application for any license under this Act shall be

SB2053- 81 -LRB100 08715 SMS 18851 b
1denied by reason of a finding of lack of "good moral character"
2when the finding is based upon the fact that the applicant has
3previously been convicted of one or more criminal offenses.
4When reviewing, for the purpose of determining moral character
5or licensure, a conviction of any felony or a misdemeanor
6directly related to the practice of the profession, except of
7an offense related to prostitution, rape, or sexual misconduct,
8or where the applicant is a registered sex offender, by plea of
9guilty or nolo contendere, finding of guilt, jury verdict, or
10entry of judgment or by sentencing of an applicant, the
11Department shall consider any evidence of rehabilitation and
12mitigating factors contained in the applicant's record,
13including any of the following:
14 (1) the lack of direct relation of the offense for
15 which the applicant was previously convicted to the duties,
16 functions, and responsibilities of the position for which a
17 license is sought;
18 (2) Whether 5 years since a felony conviction not
19 involving prostitution, rape, or sexual misconduct, or
20 requiring registration as a sex offender, or 3 years since
21 release from confinement for the conviction, whichever is
22 later, have passed without a subsequent conviction;
23 (3) if the applicant was previously licensed or
24 employed in this State or other state or jurisdictions,
25 then the lack of prior misconduct arising from or related
26 to the licensed position or position of employment;

SB2053- 82 -LRB100 08715 SMS 18851 b
1 (4) the age of the person at the time of the criminal
2 offense;
3 (5) successful completion of sentence and, for
4 applicants serving a term of parole or probation, a
5 progress report provided by the applicant's probation or
6 parole officer that documents the applicant's compliance
7 with conditions of supervision;
8 (6) evidence of the applicant's present fitness and
9 professional character;
10 (7) evidence of rehabilitation or rehabilitative
11 effort during or after incarceration, or during or after a
12 term of supervision, including, but not limited to, a
13 certificate of good conduct under Section 5-5.5-25 of the
14 Unified Code of Corrections or a certificate of relief from
15 disabilities under Section 5-5.5-10 of the Unified Code of
16 Corrections; and
17 (8) any other mitigating factors that contribute to the
18 person's potential and current ability to perform the
19 duties and responsibilities of the position for which a
20 license or employment is sought.
21 (c) It is the affirmative obligation of the Department to
22demonstrate that a prior conviction would impair the ability of
23the applicant to engage in the licensed practice. If the
24Department refuses to issue a license to an applicant, then the
25Department shall notify the applicant of the denial in writing
26with the following included in the notice of denial:

SB2053- 83 -LRB100 08715 SMS 18851 b
1 (1) a statement about the decision to refuse to issue a
2 license;
3 (2) a list of the conviction items that formed the sole
4 or partial basis for the refusal to issue a license;
5 (3) a list of the mitigating evidence presented by the
6 applicant;
7 (4) reasons for refusing to issue a license specific to
8 the evidence presented in mitigation of conviction items
9 that formed the partial or sole basis for the Department's
10 decision; and
11 (5) a summary of the appeal process or the earliest the
12 applicant may reapply for a license, whichever is
13 applicable.
14 (d) No later than May 1 of each year, the Department must
15prepare, publicly announce, and publish a report of summary
16statistical information relating to new and renewal license
17applications during the preceding calendar year. Each report
18shall show at minimum:
19 (1) the number of applicants for a new or renewal
20 license under this Act within the previous calendar year;
21 (2) the number of applicants for a new or renewal
22 license under this Act within the previous calendar year
23 who had any criminal conviction;
24 (3) the number of applicants for a new or renewal
25 license under this Act in the previous calendar year who
26 were granted a license;

SB2053- 84 -LRB100 08715 SMS 18851 b
1 (4) the number of applicants for a new or renewal
2 license with a criminal conviction who were granted a
3 license under this Act within the previous calendar year;
4 (5) the number of applicants for a new or renewal
5 license under this Act within the previous calendar year
6 who were denied a license;
7 (6) the number of applicants for a new or renewal
8 license with a criminal conviction who were denied a
9 license under this Act in the previous calendar year in
10 part or in whole because of a prior conviction;
11 (7) the number of probationary licenses without
12 monitoring issued under this Act in the previous calendar
13 year to applicants with criminal conviction; and
14 (8) the number of probationary licenses with
15 monitoring issued under this Act in the previous calendar
16 year to applicants with criminal conviction.
17 (225 ILCS 57/45)
18 (Section scheduled to be repealed on January 1, 2022)
19 Sec. 45. Grounds for discipline.
20 (a) The Department may refuse to issue or renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary or non-disciplinary action, as the Department
23considers appropriate, including the imposition of fines not to
24exceed $10,000 for each violation, with regard to any license
25or licensee for any one or more of the following:

SB2053- 85 -LRB100 08715 SMS 18851 b
1 (1) violations of this Act or of the rules adopted
2 under this Act;
3 (2) for licensees, conviction by plea of guilty or nolo
4 contendere, finding of guilt, jury verdict, or entry of
5 judgment or by sentencing of any crime, including, but not
6 limited to, convictions, preceding sentences of
7 supervision, conditional discharge, or first offender
8 probation, under the laws of any jurisdiction of the United
9 States: (i) that is a felony; or (ii) that is a
10 misdemeanor, an essential element of which is dishonesty,
11 or that is directly related to the practice of the
12 profession; for applicants, provisions set forth in
13 Section 15.1 apply;
14 (3) professional incompetence;
15 (4) advertising in a false, deceptive, or misleading
16 manner;
17 (5) aiding, abetting, assisting, procuring, advising,
18 employing, or contracting with any unlicensed person to
19 practice massage contrary to any rules or provisions of
20 this Act;
21 (6) engaging in immoral conduct in the commission of
22 any act, such as sexual abuse, sexual misconduct, or sexual
23 exploitation, related to the licensee's practice;
24 (7) engaging in dishonorable, unethical, or
25 unprofessional conduct of a character likely to deceive,
26 defraud, or harm the public;

SB2053- 86 -LRB100 08715 SMS 18851 b
1 (8) practicing or offering to practice beyond the scope
2 permitted by law or accepting and performing professional
3 responsibilities which the licensee knows or has reason to
4 know that he or she is not competent to perform;
5 (9) knowingly delegating professional responsibilities
6 to a person unqualified by training, experience, or
7 licensure to perform;
8 (10) failing to provide information in response to a
9 written request made by the Department within 60 days;
10 (11) having a habitual or excessive use of or addiction
11 to alcohol, narcotics, stimulants, or any other chemical
12 agent or drug which results in the inability to practice
13 with reasonable judgment, skill, or safety;
14 (12) having a pattern of practice or other behavior
15 that demonstrates incapacity or incompetence to practice
16 under this Act;
17 (13) discipline by another state, District of
18 Columbia, territory, or foreign nation, if at least one of
19 the grounds for the discipline is the same or substantially
20 equivalent to those set forth in this Section;
21 (14) a finding by the Department that the licensee,
22 after having his or her license placed on probationary
23 status, has violated the terms of probation;
24 (15) willfully making or filing false records or
25 reports in his or her practice, including, but not limited
26 to, false records filed with State agencies or departments;

SB2053- 87 -LRB100 08715 SMS 18851 b
1 (16) making a material misstatement in furnishing
2 information to the Department or otherwise making
3 misleading, deceptive, untrue, or fraudulent
4 representations in violation of this Act or otherwise in
5 the practice of the profession;
6 (17) fraud or misrepresentation in applying for or
7 procuring a license under this Act or in connection with
8 applying for renewal of a license under this Act;
9 (18) inability to practice the profession with
10 reasonable judgment, skill, or safety as a result of
11 physical illness, including, but not limited to,
12 deterioration through the aging process, loss of motor
13 skill, or a mental illness or disability;
14 (19) charging for professional services not rendered,
15 including filing false statements for the collection of
16 fees for which services are not rendered;
17 (20) practicing under a false or, except as provided by
18 law, an assumed name; or
19 (21) cheating on or attempting to subvert the licensing
20 examination administered under this Act.
21 All fines shall be paid within 60 days of the effective
22date of the order imposing the fine.
23 (b) A person not licensed under this Act and engaged in the
24business of offering massage therapy services through others,
25shall not aid, abet, assist, procure, advise, employ, or
26contract with any unlicensed person to practice massage therapy

SB2053- 88 -LRB100 08715 SMS 18851 b
1contrary to any rules or provisions of this Act. A person
2violating this subsection (b) shall be treated as a licensee
3for the purposes of disciplinary action under this Section and
4shall be subject to cease and desist orders as provided in
5Section 90 of this Act.
6 (c) The Department shall revoke any license issued under
7this Act of any person who is convicted of prostitution, rape,
8sexual misconduct, or any crime that subjects the licensee to
9compliance with the requirements of the Sex Offender
10Registration Act and any such conviction shall operate as a
11permanent bar in the State of Illinois to practice as a massage
12therapist.
13 (d) The Department may refuse to issue or may suspend the
14license of any person who fails to file a tax return, to pay
15the tax, penalty, or interest shown in a filed tax return, or
16to pay any final assessment of tax, penalty, or interest, as
17required by any tax Act administered by the Illinois Department
18of Revenue, until such time as the requirements of the tax Act
19are satisfied in accordance with subsection (g) of Section
202105-15 of the Civil Administrative Code of Illinois.
21 (e) The Department shall deny a license or renewal
22authorized by this Act to a person who has defaulted on an
23educational loan or scholarship provided or guaranteed by the
24Illinois Student Assistance Commission or any governmental
25agency of this State in accordance with item (5) of subsection
26(a) of Section 2105-15 of the Civil Administrative Code of

SB2053- 89 -LRB100 08715 SMS 18851 b
1Illinois.
2 (f) In cases where the Department of Healthcare and Family
3Services has previously determined that a licensee or a
4potential licensee is more than 30 days delinquent in the
5payment of child support and has subsequently certified the
6delinquency to the Department, the Department may refuse to
7issue or renew or may revoke or suspend that person's license
8or may take other disciplinary action against that person based
9solely upon the certification of delinquency made by the
10Department of Healthcare and Family Services in accordance with
11item (5) of subsection (a) of Section 2105-15 of the Civil
12Administrative Code of Illinois.
13 (g) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission, as
15provided in the Mental Health and Developmental Disabilities
16Code, operates as an automatic suspension. The suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission
19and the issuance of a court order so finding and discharging
20the patient.
21 (h) In enforcing this Act, the Department or Board, upon a
22showing of a possible violation, may compel an individual
23licensed to practice under this Act, or who has applied for
24licensure under this Act, to submit to a mental or physical
25examination, or both, as required by and at the expense of the
26Department. The Department or Board may order the examining

SB2053- 90 -LRB100 08715 SMS 18851 b
1physician to present testimony concerning the mental or
2physical examination of the licensee or applicant. No
3information shall be excluded by reason of any common law or
4statutory privilege relating to communications between the
5licensee or applicant and the examining physician. The
6examining physicians shall be specifically designated by the
7Board or Department. The individual to be examined may have, at
8his or her own expense, another physician of his or her choice
9present during all aspects of this examination. The examination
10shall be performed by a physician licensed to practice medicine
11in all its branches. Failure of an individual to submit to a
12mental or physical examination, when directed, shall result in
13an automatic suspension without hearing.
14 A person holding a license under this Act or who has
15applied for a license under this Act who, because of a physical
16or mental illness or disability, including, but not limited to,
17deterioration through the aging process or loss of motor skill,
18is unable to practice the profession with reasonable judgment,
19skill, or safety, may be required by the Department to submit
20to care, counseling, or treatment by physicians approved or
21designated by the Department as a condition, term, or
22restriction for continued, reinstated, or renewed licensure to
23practice. Submission to care, counseling, or treatment as
24required by the Department shall not be considered discipline
25of a license. If the licensee refuses to enter into a care,
26counseling, or treatment agreement or fails to abide by the

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1terms of the agreement, the Department may file a complaint to
2revoke, suspend, or otherwise discipline the license of the
3individual. The Secretary may order the license suspended
4immediately, pending a hearing by the Department. Fines shall
5not be assessed in disciplinary actions involving physical or
6mental illness or impairment.
7 In instances in which the Secretary immediately suspends a
8person's license under this Section, a hearing on that person's
9license must be convened by the Department within 15 days after
10the suspension and completed without appreciable delay. The
11Department and Board shall have the authority to review the
12subject individual's record of treatment and counseling
13regarding the impairment to the extent permitted by applicable
14federal statutes and regulations safeguarding the
15confidentiality of medical records.
16 An individual licensed under this Act and affected under
17this Section shall be afforded an opportunity to demonstrate to
18the Department or Board that he or she can resume practice in
19compliance with acceptable and prevailing standards under the
20provisions of his or her license.
21(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
22 Section 50. The Veterinary Medicine and Surgery Practice
23Act of 2004 is amended by changing Section 25 and adding
24Section 8.2 as follows:

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1 (225 ILCS 115/8.2 new)
2 Sec. 8.2. Applicant convictions.
3 (a) The Department shall not require the applicant to
4report information about the following and shall not consider
5the following criminal history records in connection with an
6application for a license or certification under this Act:
7 (1) Juvenile adjudications of delinquent minors as
8 defined in Section 5-105 of the Juvenile Court Act of 1987,
9 subject to the restrictions set forth in Section 5-130 of
10 the Juvenile Court Act of 1987.
11 (2) Law enforcement records, court records, and
12 conviction records of an individual who was 17 years old at
13 the time of the offense and before January 1, 2014, unless
14 the nature of the offense required the individual to be
15 tried as an adult.
16 (3) Records of arrest not followed by a conviction
17 unless related to the practice of the profession. However,
18 applicants shall not be asked to report any arrests, and,
19 an arrest not followed by a conviction shall not be the
20 basis of a denial and may be used only to assess an
21 applicant's rehabilitation.
22 (4) Convictions overturned by a higher court.
23 (5) Convictions or arrests that have been sealed or
24 expunged.
25 (b) When determining whether to grant a license or
26certification to an applicant with a prior conviction of any

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1felony or a misdemeanor directly related to the practice of the
2profession, the Department shall consider any evidence of
3rehabilitation and mitigating factors contained in the
4applicant's record, including any of the following:
5 (1) the lack of direct relation of the offense for
6 which the applicant was previously convicted to the duties,
7 functions, and responsibilities of the position for which a
8 license or certificate is sought;
9 (2) whether 5 years since a felony conviction or 3
10 years since release from confinement for the conviction,
11 whichever is later, have passed without a subsequent
12 conviction;
13 (3) if the applicant was previously licensed or
14 employed in this State or other state or jurisdictions,
15 then the lack of prior misconduct arising from or related
16 to the licensed position or position of employment;
17 (4) the age of the person at the time of the criminal
18 offense;
19 (5) successful completion of sentence and, for
20 applicants serving a term of parole or probation, a
21 progress report provided by the applicant's probation or
22 parole officer that documents the applicant's compliance
23 with conditions of supervision;
24 (6) evidence of the applicant's present fitness and
25 professional character;
26 (7) evidence of rehabilitation or rehabilitative

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1 effort during or after incarceration, or during or after a
2 term of supervision, including, but not limited to, a
3 certificate of good conduct under Section 5-5.5-25 of the
4 Unified Code of Corrections or a certificate of relief from
5 disabilities under Section 5-5.5-10 of the Unified Code of
6 Corrections; and
7 (8) any other mitigating factors that contribute to the
8 person's potential and current ability to perform the
9 duties and responsibilities of the position for which a
10 license or employment is sought.
11 (c) It is the affirmative obligation of the Department to
12demonstrate that a prior conviction would impair the ability of
13the applicant to engage in the practice requiring a license or
14certification. If the Department refuses to grant a license or
15certification to an applicant, then the Department shall notify
16the applicant of the denial in writing with the following
17included in the notice of denial:
18 (1) a statement about the decision to refuse to issue a
19 license or certification;
20 (2) a list of the convictions that formed the sole or
21 partial basis for the refusal to issue a license or
22 certification;
23 (3) a list of the mitigating evidence presented by the
24 applicant;
25 (4) reasons for refusing to issue a license or
26 certification specific to the evidence presented in

SB2053- 95 -LRB100 08715 SMS 18851 b
1 mitigation of conviction items that formed the partial or
2 sole basis for the Department's decision; and
3 (5) a summary of the appeal process or the earliest the
4 applicant may reapply for a license or certification,
5 whichever is applicable.
6 (d) No later than May 1 of each year, the Department
7 must prepare, publicly announce, and publish a report of
8 summary statistical information relating to new and
9 renewal license applications during the preceding calendar
10 year. Each report shall show at minimum:
11 (1) the number of applicants for a new or renewal
12 license or certification under this Act within the previous
13 calendar year;
14 (2) the number of applicants for a new or renewal
15 license or certification under this Act within the previous
16 calendar year who had any criminal conviction;
17 (3) the number of applicants for a new or renewal
18 license or certification under this Act in the previous
19 calendar year who were granted a license or certification;
20 (4) the number of applicants for a new or renewal
21 license or certification with a criminal conviction who
22 were granted a license or certification under this Act
23 within the previous calendar year;
24 (5) the number of applicants for a new or renewal
25 license or certification under this Act within the previous
26 calendar year who were denied a license or certification;

SB2053- 96 -LRB100 08715 SMS 18851 b
1 (6) the number of applicants for new or renewal license
2 or certification with a criminal conviction who were denied
3 a license or certification under this Act in the previous
4 calendar year in part or in whole because of a prior
5 conviction;
6 (7) the number of probationary licenses or
7 certification without monitoring issued under this Act in
8 the previous calendar year to applicants with a criminal
9 conviction; and
10 (8) the number of probationary licenses or
11 certification with monitoring issued under this Act in the
12 previous calendar year to applicants with criminal
13 conviction.
14 (225 ILCS 115/25) (from Ch. 111, par. 7025)
15 (Section scheduled to be repealed on January 1, 2024)
16 Sec. 25. Disciplinary actions.
17 1. The Department may refuse to issue or renew, or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary or non-disciplinary action as the Department may
20deem appropriate, including imposing fines not to exceed
21$10,000 for each violation and the assessment of costs as
22provided for in Section 25.3 of this Act, with regard to any
23license or certificate for any one or combination of the
24following:
25 A. Material misstatement in furnishing information to

SB2053- 97 -LRB100 08715 SMS 18851 b
1 the Department.
2 B. Violations of this Act, or of the rules adopted
3 pursuant to this Act.
4 C. For licensees, conviction Conviction by plea of
5 guilty or nolo contendere, finding of guilt, jury verdict,
6 or entry of judgment or by sentencing of any crime,
7 including, but not limited to, convictions, preceding
8 sentences of supervision, conditional discharge, or first
9 offender probation, under the laws of any jurisdiction of
10 the United States that is (i) a felony or (ii) a
11 misdemeanor, an essential element of which is dishonesty,
12 or that is directly related to the practice of the
13 profession and, for applicants, provisions set forth in
14 Section 8.2 apply.
15 D. Fraud or any misrepresentation in applying for or
16 procuring a license under this Act or in connection with
17 applying for renewal of a license under this Act.
18 E. Professional incompetence.
19 F. Malpractice.
20 G. Aiding or assisting another person in violating any
21 provision of this Act or rules.
22 H. Failing, within 60 days, to provide information in
23 response to a written request made by the Department.
24 I. Engaging in dishonorable, unethical, or
25 unprofessional conduct of a character likely to deceive,
26 defraud, or harm the public.

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1 J. Habitual or excessive use or abuse of drugs defined
2 in law as controlled substances, alcohol, or any other
3 substance that results in the inability to practice with
4 reasonable judgment, skill, or safety.
5 K. Discipline by another state, unit of government,
6 government agency, District of Columbia, territory, or
7 foreign nation, if at least one of the grounds for the
8 discipline is the same or substantially equivalent to those
9 set forth herein.
10 L. Charging for professional services not rendered,
11 including filing false statements for the collection of
12 fees for which services are not rendered.
13 M. A finding by the Board that the licensee or
14 certificate holder, after having his license or
15 certificate placed on probationary status, has violated
16 the terms of probation.
17 N. Willfully making or filing false records or reports
18 in his practice, including but not limited to false records
19 filed with State agencies or departments.
20 O. 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 P. Solicitation of professional services other than
25 permitted advertising.
26 Q. Allowing one's license under this Act to be used by

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1 an unlicensed person in violation of this Act.
2 R. Conviction of or cash compromise of a charge or
3 violation of the Harrison Act or the Illinois Controlled
4 Substances Act, regulating narcotics.
5 S. Fraud or dishonesty in applying, treating, or
6 reporting on tuberculin or other biological tests.
7 T. Failing to report, as required by law, or making
8 false report of any contagious or infectious diseases.
9 U. Fraudulent use or misuse of any health certificate,
10 shipping certificate, brand inspection certificate, or
11 other blank forms used in practice that might lead to the
12 dissemination of disease or the transportation of diseased
13 animals dead or alive; or dilatory methods, willful
14 neglect, or misrepresentation in the inspection of milk,
15 meat, poultry, and the by-products thereof.
16 V. Conviction on a charge of cruelty to animals.
17 W. Failure to keep one's premises and all equipment
18 therein in a clean and sanitary condition.
19 X. Failure to provide satisfactory proof of having
20 participated in approved continuing education programs.
21 Y. Mental illness or disability that results in the
22 inability to practice under this Act with reasonable
23 judgment, skill, or safety.
24 Z. Conviction by any court of competent jurisdiction,
25 either within or outside this State, of any violation of
26 any law governing the practice of veterinary medicine, if

SB2053- 100 -LRB100 08715 SMS 18851 b
1 the Department determines, after investigation, that the
2 person has not been sufficiently rehabilitated to warrant
3 the public trust.
4 AA. Promotion of the sale of drugs, devices,
5 appliances, or goods provided for a patient in any manner
6 to exploit the client for financial gain of the
7 veterinarian.
8 BB. Gross, willful, or continued overcharging for
9 professional services.
10 CC. Practicing under a false or, except as provided by
11 law, an assumed name.
12 DD. Violating state or federal laws or regulations
13 relating to controlled substances or legend drugs.
14 EE. Cheating on or attempting to subvert the licensing
15 examination administered under this Act.
16 FF. Using, prescribing, or selling a prescription drug
17 or the extra-label use of a prescription drug by any means
18 in the absence of a valid veterinarian-client-patient
19 relationship.
20 GG. Failing to report a case of suspected aggravated
21 cruelty, torture, or animal fighting pursuant to Section
22 3.07 or 4.01 of the Humane Care for Animals Act or Section
23 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
24 Code of 2012.
25 All fines imposed under this Section shall be paid within
2660 days after the effective date of the order imposing the fine

SB2053- 101 -LRB100 08715 SMS 18851 b
1or in accordance with the terms set forth in the order imposing
2the fine.
3 2. The determination by a circuit court that a licensee or
4certificate holder is subject to involuntary admission or
5judicial admission as provided in the Mental Health and
6Developmental Disabilities Code operates as an automatic
7suspension. The suspension will end only upon a finding by a
8court that the patient is no longer subject to involuntary
9admission or judicial admission and issues an order so finding
10and discharging the patient. In any case where a license is
11suspended under this provision, the licensee shall file a
12petition for restoration and shall include evidence acceptable
13to the Department that the licensee can resume practice in
14compliance with acceptable and prevailing standards of his or
15her profession.
16 3. All proceedings to suspend, revoke, place on
17probationary status, or take any other disciplinary action as
18the Department may deem proper, with regard to a license or
19certificate on any of the foregoing grounds, must be commenced
20within 5 years after receipt by the Department of a complaint
21alleging the commission of or notice of the conviction order
22for any of the acts described in this Section. Except for
23proceedings brought for violations of items (CC), (DD), or
24(EE), no action shall be commenced more than 5 years after the
25date of the incident or act alleged to have violated this
26Section. In the event of the settlement of any claim or cause

SB2053- 102 -LRB100 08715 SMS 18851 b
1of action in favor of the claimant or the reduction to final
2judgment of any civil action in favor of the plaintiff, the
3claim, cause of action, or civil action being grounded on the
4allegation that a person licensed or certified under this Act
5was negligent in providing care, the Department shall have an
6additional period of one year from the date of the settlement
7or final judgment in which to investigate and begin formal
8disciplinary proceedings under Section 25.2 of this Act, except
9as otherwise provided by law. The time during which the holder
10of the license or certificate was outside the State of Illinois
11shall not be included within any period of time limiting the
12commencement of disciplinary action by the Department.
13 4. The Department may refuse to issue or may suspend
14without hearing, as provided for in the Illinois Code of Civil
15Procedure, the license of any person who fails to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied in accordance
21with subsection (g) of Section 2105-15 of the Civil
22Administrative Code of Illinois.
23 5. In enforcing this Section, the Department, upon a
24showing of a possible violation, may compel any individual who
25is registered under this Act or any individual who has applied
26for registration to submit to a mental or physical examination

SB2053- 103 -LRB100 08715 SMS 18851 b
1or evaluation, or both, which may include a substance abuse or
2sexual offender evaluation, at the expense of the Department.
3The Department shall specifically designate the examining
4physician licensed to practice medicine in all of its branches
5or, if applicable, the multidisciplinary team involved in
6providing the mental or physical examination and evaluation.
7The multidisciplinary team shall be led by a physician licensed
8to practice medicine in all of its branches and may consist of
9one or more or a combination of physicians licensed to practice
10medicine in all of its branches, licensed chiropractic
11physicians, licensed clinical psychologists, licensed clinical
12social workers, licensed clinical professional counselors, and
13other professional and administrative staff. Any examining
14physician or member of the multidisciplinary team may require
15any person ordered to submit to an examination and evaluation
16pursuant to this Section to submit to any additional
17supplemental testing deemed necessary to complete any
18examination or evaluation process, including, but not limited
19to, blood testing, urinalysis, psychological testing, or
20neuropsychological testing.
21 The Department may order the examining physician or any
22member of the multidisciplinary team to provide to the
23Department any and all records, including business records,
24that relate to the examination and evaluation, including any
25supplemental testing performed. The Department may order the
26examining physician or any member of the multidisciplinary team

SB2053- 104 -LRB100 08715 SMS 18851 b
1to present testimony concerning this examination and
2evaluation of the registrant or applicant, including testimony
3concerning any supplemental testing or documents relating to
4the examination and evaluation. No information, report,
5record, or other documents in any way related to the
6examination and evaluation shall be excluded by reason of any
7common law or statutory privilege relating to communication
8between the licensee or applicant and the examining physician
9or any member of the multidisciplinary team. No authorization
10is necessary from the registrant or applicant ordered to
11undergo an evaluation and examination for the examining
12physician or any member of the multidisciplinary team to
13provide information, reports, records, or other documents or to
14provide any testimony regarding the examination and
15evaluation. The individual to be examined may have, at his or
16her own expense, another physician of his or her choice present
17during all aspects of the examination.
18 Failure of any individual to submit to mental or physical
19examination or evaluation, or both, when directed, shall result
20in an automatic suspension without hearing, until such time as
21the individual submits to the examination. If the Department
22finds a registrant unable to practice because of the reasons
23set forth in this Section, the Department shall require such
24registrant to submit to care, counseling, or treatment by
25physicians approved or designated by the Department as a
26condition for continued, reinstated, or renewed registration.

SB2053- 105 -LRB100 08715 SMS 18851 b
1 In instances in which the Secretary immediately suspends a
2registration under this Section, a hearing upon such person's
3registration must be convened by the Department within 15 days
4after such suspension and completed without appreciable delay.
5The Department shall have the authority to review the
6registrant's record of treatment and counseling regarding the
7impairment to the extent permitted by applicable federal
8statutes and regulations safeguarding the confidentiality of
9medical records.
10 Individuals registered under this Act who are affected
11under this Section, shall be afforded an opportunity to
12demonstrate to the Department that they can resume practice in
13compliance with acceptable and prevailing standards under the
14provisions of their registration.
15 6. The Department shall deny a license or renewal
16authorized by this Act to a person who has defaulted on an
17educational loan or scholarship provided or guaranteed by the
18Illinois Student Assistance Commission or any governmental
19agency of this State in accordance with paragraph (5) of
20subsection (a) of Section 2105-15 of the Civil Administrative
21Code of Illinois.
22 7. In cases where the Department of Healthcare and Family
23Services has previously determined a licensee or a potential
24licensee is more than 30 days delinquent in the payment of
25child support and has subsequently certified the delinquency to
26the Department, the Department may refuse to issue or renew or

SB2053- 106 -LRB100 08715 SMS 18851 b
1may revoke or suspend that person's license or may take other
2disciplinary action against that person based solely upon the
3certification of delinquency made by the Department of
4Healthcare and Family Services in accordance with paragraph (5)
5of subsection (a) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
8 Section 55. The Pyrotechnic Distributor and Operator
9Licensing Act is amended by changing Section 35 and by adding
10Section 36 as follows:
11 (225 ILCS 227/35)
12 Sec. 35. Licensure requirements and fees.
13 (a) Each application for a license to practice under this
14Act shall be in writing and signed by the applicant on forms
15provided by the Office.
16 (b) After January 1, 2006, all pyrotechnic displays and
17pyrotechnic services, both indoor and outdoor, must comply with
18the requirements set forth in this Act.
19 (c) After January 1, 2006, no person may engage in
20pyrotechnic distribution without first applying for and
21obtaining a license from the Office. Applicants for a license
22must submit to the Office the following:
23 (1) A current BATFE license for the type of pyrotechnic
24 service or pyrotechnic display provided.

SB2053- 107 -LRB100 08715 SMS 18851 b
1 (2) Proof of $1,000,000 in product liability
2 insurance.
3 (3) Proof of $1,000,000 in general liability insurance
4 that covers the pyrotechnic display or pyrotechnic service
5 provided.
6 (4) Proof of Illinois Workers' Compensation Insurance.
7 (5) A license fee set by the Office.
8 (6) Proof of a current United States Department of
9 Transportation (DOT) Identification Number.
10 (7) Proof of a current USDOT Hazardous Materials
11 Registration Number.
12 (8) Proof of having the requisite knowledge, either
13 through training, examination, or continuing education, as
14 established by Office rule.
15 (c-3) After January 1, 2010, no production company may
16provide pyrotechnic displays or pyrotechnic services as part of
17any production without either (i) obtaining a production
18company license from the Office under which all pyrotechnic
19displays and pyrotechnic services are performed by a licensed
20lead pyrotechnic operator or (ii) hiring a pyrotechnic
21distributor licensed in accordance with this Act to perform the
22pyrotechnic displays or pyrotechnic services. Applicants for a
23production company license must submit to the Office the
24following:
25 (1) Proof of $2,000,000 in commercial general
26 liability insurance that covers any damage or injury

SB2053- 108 -LRB100 08715 SMS 18851 b
1 resulting from the pyrotechnic displays or pyrotechnic
2 services provided.
3 (2) Proof of Illinois Worker's Compensation insurance.
4 (3) A license fee set by the Office.
5 (4) Proof of a current USDOT Identification Number,
6 unless:
7 (A) proof of such is provided by the lead
8 pyrotechnic operator employed by the production
9 company or insured as an additional named insured on
10 the production company's general liability insurance,
11 as required under paragraph (1) of this subsection; or
12 (B) the production company certifies under penalty
13 of perjury that it engages only in flame effects or
14 never transports materials in quantities that require
15 registration with USDOT, or both.
16 (5) Proof of a current USDOT Hazardous Materials
17 Registration Number, unless:
18 (A) proof of such is provided by the lead
19 pyrotechnic operator employed by the production
20 company or insured as an additional named insured on
21 the production company's general liability insurance,
22 as required under paragraph (1) of this subsection; or
23 (B) the production company certifies under penalty
24 of perjury that it engages only in flame effects or
25 never transports materials in quantities that require
26 registration with USDOT, or both.

SB2053- 109 -LRB100 08715 SMS 18851 b
1 (6) Identification of the licensed lead pyrotechnic
2 operator employed by the production company or insured as
3 an additional named insured on the production company's
4 general liability insurance, as required under paragraph
5 (1) of this subsection.
6 The insurer shall not cancel the insured's coverage or
7remove any additional named insured or additional insured from
8the policy coverage without notifying the Office in writing at
9least 15 days before cancellation.
10 (c-5) After January 1, 2006, no individual may act as a
11lead operator in a pyrotechnic display without first applying
12for and obtaining a lead pyrotechnic operator's license from
13the Office. The Office shall establish separate licenses for
14lead pyrotechnic operators for indoor and outdoor pyrotechnic
15displays. Applicants for a license must:
16 (1) Pay the fees set by the Office.
17 (2) Have the requisite training or continuing
18 education as established in the Office's rules.
19 (3) (Blank).
20 (d) A person is qualified to receive a license under this
21Act if the person meets all of the following minimum
22requirements:
23 (1) Is at least 21 years of age.
24 (2) Has not willfully violated any provisions of this
25 Act.
26 (3) Has not made any material misstatement or knowingly

SB2053- 110 -LRB100 08715 SMS 18851 b
1 withheld information in connection with any original or
2 renewal application.
3 (4) Has not been declared incompetent by any competent
4 court by reasons of mental or physical defect or disease
5 unless a court has since declared the person competent.
6 (5) Does not have an addiction to or dependency on
7 alcohol or drugs that is likely to endanger the public at a
8 pyrotechnic display.
9 (6) If convicted Has not been convicted in any
10 jurisdiction of any felony within the prior 5 years, has
11 been sufficiently rehabilitated following the conviction.
12 (7) Is not a fugitive from justice.
13 (8) Has, or has applied for, a BATFE explosives license
14 or a Letter of Clearance from the BATFE.
15 (9) If a lead pyrotechnic operator is employed by a
16 political subdivision of the State or by a licensed
17 production company or is insured as an additional named
18 insured on the production company's general liability
19 insurance, as required under paragraph (1) of subsection
20 (c-3) of this Section, he or she shall have a BATFE license
21 for the pyrotechnic services or pyrotechnic display
22 provided.
23 (10) If a production company has not provided proof of
24 a current USDOT Identification Number and a current USDOT
25 Hazardous Materials Registration Number, as required by
26 paragraphs (5) and (6) of subsection (c-3) of this Section,

SB2053- 111 -LRB100 08715 SMS 18851 b
1 then the lead pyrotechnic operator employed by the
2 production company or insured as an additional named
3 insured on the production company's general liability
4 insurance, as required under paragraph (1) of subsection
5 (c-3) of this Section, shall provide such proof to the
6 Office.
7 (e) A person is qualified to assist a lead pyrotechnic
8operator if the person meets all of the following minimum
9requirements:
10 (1) Is at least 18 years of age.
11 (2) Has not willfully violated any provision of this
12 Act.
13 (3) Has not been declared incompetent by any competent
14 court by reasons of mental or physical defect or disease
15 unless a court has since declared the person competent.
16 (4) Does not have an addiction to or dependency on
17 alcohol or drugs that is likely to endanger the public at a
18 pyrotechnic display.
19 (5) If convicted Has not been convicted in any
20 jurisdiction of any felony within the prior 5 years, has
21 been sufficiently rehabilitated following the conviction.
22 (6) Is not a fugitive from justice.
23 (7) Is employed as an employee of the licensed
24 pyrotechnic distributor or the licensed production
25 company, or insured as an additional named insured on the
26 pyrotechnic distributor's product liability and general

SB2053- 112 -LRB100 08715 SMS 18851 b
1 liability insurance, as required under paragraphs (2) and
2 (3) of subsection (c) of this Section, or insured as an
3 additional named insured on the production company's
4 general liability insurance, as required under paragraph
5 (1) of subsection (c-3) of this Section.
6 (8) Has been registered with the Office by the licensed
7 distributor or the licensed production company on a form
8 provided by the Office prior to the time when the assistant
9 begins work on the pyrotechnic display or pyrotechnic
10 service.
11(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
12 (225 ILCS 227/36 new)
13 Sec. 36. Applicant convictions.
14 (a) The Office shall not require the applicant to report
15the following information and shall not consider the following
16criminal history records in connection with an application for
17a license under this Act:
18 (1) Juvenile adjudications of delinquent minors as
19 defined in Section 5-105 of the Juvenile Court Act of 1987,
20 subject to the restrictions set forth in Section 5-130 of
21 the Juvenile Court Act of 1987.
22 (2) Law enforcement records, court records, and
23 conviction records of an individual who was 17 years old at
24 the time of the offense and before January 1, 2014, unless
25 the nature of the offense required the individual to be

SB2053- 113 -LRB100 08715 SMS 18851 b
1 tried as an adult.
2 (3) Records of arrest not followed by a conviction.
3 (4) Convictions overturned by a higher court.
4 (5) Convictions or arrests that have been sealed or
5 expunged.
6 (b) When reviewing, for the purpose of licensure, a
7conviction of any felony of within the previous five years of
8the applicant, the Office shall consider any evidence of
9rehabilitation and mitigating factors contained in the
10applicant's record, including any of the following:
11 (1) the lack of direct relation of the offense for
12 which the applicant was previously convicted to the duties,
13 functions, and responsibilities of the position for which a
14 license is sought;
15 (2) the amount of time that has elapsed since the
16 offense occurred;
17 (3) if the applicant was previously licensed or
18 employed in this State or other state or jurisdictions,
19 then the lack of prior misconduct arising from or related
20 to the licensed position or position of employment;
21 (4) the age of the person at the time of the criminal
22 offense;
23 (5) successful completion of sentence and, for
24 applicants serving a term of parole or probation, a
25 progress report provided by the applicant's probation or
26 parole officer that documents the applicant's compliance

SB2053- 114 -LRB100 08715 SMS 18851 b
1 with conditions of supervision;
2 (6) evidence of the applicant's present fitness and
3 professional character;
4 (7) evidence of rehabilitation or rehabilitative
5 effort during or after incarceration, or during or after a
6 term of supervision, including, but not limited to, a
7 certificate of good conduct under Section 5-5.5-25 of the
8 Unified Code of Corrections or a certificate of relief from
9 disabilities under Section 5-5.5-10 of the Unified Code of
10 Corrections; and
11 (8) any other mitigating factors that contribute to the
12 person's potential and current ability to perform the
13 duties and responsibilities of the specific licensed
14 practice or employment position.
15 (c) It is the affirmative obligation of the Office to
16demonstrate that a prior conviction would impair the ability of
17the applicant to engage in the licensed practice. If the Office
18refuses to issue a license to an applicant, then the applicant
19shall be notified of the denial in writing with the following
20included in the notice of denial:
21 (1) a statement about the decision to refuse to issue a
22 license;
23 (2) a list of the convictions that formed the sole or
24 partial basis for the refusal to issue a license;
25 (3) a list of the mitigating evidence presented by the
26 applicant;

SB2053- 115 -LRB100 08715 SMS 18851 b
1 (4) reasons for refusing to issue a license specific to
2 the evidence presented in mitigation of conviction items
3 that formed the partial or sole basis for the Office's
4 decision; and
5 (5) a summary of the appeal process or the earliest the
6 applicant may reapply for a license, whichever is
7 applicable.
8 (d) No later than May 1 of each year, the Office must
9prepare, publicly announce, and publish a report of summary
10statistical information relating to new and renewal license
11applications during the preceding calendar year. Each report
12shall show at minimum:
13 (1) the number of applicants for new or renewal license
14 under this Act within the previous calendar year;
15 (2) the number of applicants for new or renewal license
16 under this Act within the previous calendar year who had
17 any criminal conviction;
18 (3) the number of applicants for new or renewal license
19 under this Act in the previous calendar year who were
20 granted a license;
21 (4) the number of applicants for new or renewal license
22 with a criminal conviction who were granted a license under
23 this Act within the previous calendar year;
24 (5) the number of applicants for new or renewal license
25 under this Act within the previous calendar year who were
26 denied a license;

SB2053- 116 -LRB100 08715 SMS 18851 b
1 (6) the number of applicants for new or renewal license
2 with a criminal conviction who were denied a license under
3 this Act in the previous calendar year in whole or in part
4 because of a prior conviction;
5 (7) the number of probationary licenses without
6 monitoring issued under this Act in the previous calendar
7 year to applicants with criminal conviction; and
8 (8) the number of probationary licenses with
9 monitoring issued under this Act in the previous calendar
10 year to applicants with criminal conviction.
11 Section 60. The Solid Waste Site Operator Certification Law
12is amended by changing Section 1005 and by adding Section
131005-1 as follows:
14 (225 ILCS 230/1005) (from Ch. 111, par. 7855)
15 Sec. 1005. Agency authority. The Agency is authorized to
16exercise the following functions, powers and duties with
17respect to solid waste site operator certification:
18 (a) To conduct examinations to ascertain the
19qualifications of applicants for certificates of competency as
20solid waste site operators;
21 (b) To conduct courses of training on the practical aspects
22of the design, operation and maintenance of sanitary landfills;
23 (c) To issue a certificate to any applicant who has
24satisfactorily met all the requirements pertaining to a

SB2053- 117 -LRB100 08715 SMS 18851 b
1certificate of competency as a solid waste site operator;
2 (d) To suspend, revoke or refuse to issue any certificate
3for any one or any combination of the following causes:
4 (1) The practice of any fraud or deceit in obtaining or
5 attempting to obtain a certificate of competency;
6 (2) Negligence or misconduct in the operation of a
7 sanitary landfill;
8 (3) Repeated failure to comply with any of the
9 requirements applicable to the operation of a sanitary
10 landfill, except for Board requirements applicable to the
11 collection of litter;
12 (4) Repeated violations of federal, State or local
13 laws, regulations, standards, or ordinances regarding the
14 operation of refuse disposal facilities or sites;
15 (5) For the certified, conviction Conviction in this or
16 another State of any crime which is a felony under the laws
17 of this State or conviction of a felony in a federal court;
18 for applicants, provisions set forth in Section 1005-1
19 apply;
20 (6) Proof of gross carelessness or incompetence in
21 handling, storing, processing, transporting, or disposing
22 of any hazardous waste; or
23 (7) Being declared to be a person under a legal
24 disability by a court of competent jurisdiction and not
25 thereafter having been lawfully declared to be a person not
26 under legal disability or to have recovered.

SB2053- 118 -LRB100 08715 SMS 18851 b
1 (e) To adopt rules necessary to perform its functions,
2powers, and duties with respect to solid waste site operator
3certifications.
4(Source: P.A. 86-1363.)
5 (225 ILCS 230/1005-1 new)
6 Sec. 1005-1. Applicant convictions.
7 (a) The Agency shall not require applicants to report the
8following information and shall not consider the following
9criminal history records in connection with an application for
10certification under this Act:
11 (1) Juvenile adjudications of delinquent minors as
12 defined in Section 5-105 of the Juvenile Court Act of 1987,
13 subject to the restrictions set forth in Section 5-130 of
14 the Juvenile Court Act of 1987.
15 (2) Law enforcement records, court records, and
16 conviction records of an individual who was 17 years old at
17 the time of the offense and before January 1, 2014, unless
18 the nature of the offense required the individual to be
19 tried as an adult.
20 (3) Records of arrest not followed by a conviction.
21 (4) Convictions overturned by a higher court.
22 (5) Convictions or arrests that have been sealed or
23 expunged.
24 (b) When reviewing, for the purpose of determining whether
25to grant a certificate, a conviction of any felony of an

SB2053- 119 -LRB100 08715 SMS 18851 b
1applicant, the Agency shall consider any evidence of
2rehabilitation and mitigating factors contained in the
3applicant's record, including any of the following:
4 (1) the lack of direct relation of the offense for
5 which the applicant was previously convicted to the duties,
6 functions, and responsibilities of the position for which
7 certification is sought;
8 (2) whether 5 years since a felony conviction or 3
9 years since release from confinement for the conviction,
10 whichever is later, have passed without a subsequent
11 conviction;
12 (3) if the applicant was previously licensed or
13 employed in this State or other state or jurisdictions,
14 then the lack of prior misconduct arising from or related
15 to the licensed position or position of employment;
16 (4) the age of the person at the time of the criminal
17 offense;
18 (5) successful completion of sentence and, for
19 applicants serving a term of parole or probation, a
20 progress report provided by the applicant's probation or
21 parole officer that documents the applicant's compliance
22 with conditions of supervision;
23 (6) evidence of the applicant's present fitness and
24 professional character;
25 (7) evidence of rehabilitation or rehabilitative
26 effort during or after incarceration, or during or after a

SB2053- 120 -LRB100 08715 SMS 18851 b
1 term of supervision, including, but not limited to, a
2 certificate of good conduct under Section 5-5.5-25 of the
3 Unified Code of Corrections or a certificate of relief from
4 disabilities under Section 5-5.5-10 of the Unified Code of
5 Corrections; and
6 (8) any other mitigating factors that contribute to the
7 person's potential and current ability to perform the
8 duties and responsibilities of the position for which a
9 certificate or employment is sought.
10 (c) It is the affirmative obligation of the Agency to
11demonstrate that a prior conviction would impair the ability of
12the applicant to engage in the certified practice. If the
13Agency refuses to issue a certificate to an applicant, then the
14Agency shall notify the applicant of the denial in writing with
15the following included in the notice of denial:
16 (1) a statement about the decision to refuse to grant
17 certification;
18 (2) a list of the conviction items that formed the sole
19 or partial basis for the refusal to issue a certificate;
20 (3) a list of the mitigating evidence presented by the
21 applicant;
22 (4) reasons for refusing to issue a certificate
23 specific to the evidence presented in mitigation of
24 conviction items that formed the partial or sole basis for
25 the Agency's decision; and
26 (5) a summary of the appeal process or the earliest the

SB2053- 121 -LRB100 08715 SMS 18851 b
1 applicant may reapply for a certificate, whichever is
2 applicable.
3 (d) No later than May 1 of each year, the Agency must
4prepare, publicly announce, and publish a report of summary
5statistical information relating to new and renewal
6certification applications during the preceding calendar year.
7Each report shall show at minimum:
8 (1) the number of applicants for new or renewal
9 certification under this Act within the previous calendar
10 year;
11 (2) the number of applicants for new or renewal
12 certification under this Act within the previous calendar
13 year who had any criminal conviction;
14 (3) the number of applicants for new or renewal
15 certification under this Act in the previous calendar year
16 who were granted a license;
17 (4) the number of applicants for new or renewal
18 certification with a criminal conviction who were granted
19 certification under this Act within the previous calendar
20 year;
21 (5) the number of applicants for new or renewal
22 certification under this Act within the previous calendar
23 year who were denied certification;
24 (6) the number of applicants for new or renewal with a
25 criminal conviction who were denied certification under
26 this Act in the previous calendar year in whole or in part

SB2053- 122 -LRB100 08715 SMS 18851 b
1 because of a prior conviction;
2 (7) the number of probationary certification without
3 monitoring issued under this Act in the previous calendar
4 year to applicants with criminal conviction; and
5 (8) the number of probationary certification with
6 monitoring issued under this Act in the previous calendar
7 year to applicants with criminal conviction.
8 Section 65. The Interior Design Title Act is amended by
9changing Section 13 and by adding Section 13.5 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
13registration. The Department may refuse to issue, renew, or
14restore or may revoke, suspend, place on probation, reprimand
15or take other disciplinary action as the Department may deem
16proper, including fines not to exceed $5,000 for each
17violation, with regard to any registration for any one or
18combination 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

SB2053- 123 -LRB100 08715 SMS 18851 b
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) For licensees, conviction Conviction in this or
17 another state, or federal court, of any crime which is a
18 felony, if the Department determines, after investigation,
19 that such person has not been sufficiently rehabilitated to
20 warrant the public trust. For applicants, provisions set
21 forth in Section 13.5 apply.
22 (i) A violation of any provision of this Act or its
23 rules.
24 (j) Revocation by another state, the District of
25 Columbia, territory, or foreign nation of an interior
26 design or residential interior design registration if at

SB2053- 124 -LRB100 08715 SMS 18851 b
1 least one of the grounds for that revocation is the same as
2 or the equivalent of one of the grounds for revocation set
3 forth in this Act.
4 (k) Mental incompetence as declared by a court of
5 competent jurisdiction.
6 (l) Being named as a perpetrator in an indicated report
7 by the Department of Children and Family Services pursuant
8 to the Abused and Neglected Child Reporting Act, and upon
9 proof by clear and convincing evidence that the registrant
10 has caused a child to be an abused child or neglected child
11 as defined in the Abused and Neglected Child Reporting Act.
12 The Department shall deny a registration or renewal
13authorized by this Act to any person who has defaulted on an
14educational loan guaranteed by the Illinois Student Assistance
15Commission; however, the Department may issue a certificate of
16registration or renewal if such person has established a
17satisfactory repayment record as determined by the Illinois
18Student Assistance Commission.
19 The Department may refuse to issue or may suspend the
20registration of any person who fails to file a return, or to
21pay the tax, penalty, or interest showing in a filed return, or
22to pay any final assessment of tax, penalty, or interest, as
23required by any tax Act administered by the Illinois Department
24of Revenue, until such time as the requirements of any such tax
25Act are satisfied.
26 The entry of a decree by any circuit court establishing

SB2053- 125 -LRB100 08715 SMS 18851 b
1that any person holding a certificate of registration under
2this Act is a person subject to involuntary admission under the
3Mental Health and Developmental Disabilities Code shall
4operate as a suspension of that registration. That person may
5resume using the title "registered interior designer" only upon
6a finding by the Board that he or she has been determined to be
7no longer subject to involuntary admission by the court and
8upon the Board's recommendation to the Director that he or she
9be permitted to resume using the title "registered interior
10designer".
11(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
12 (225 ILCS 310/13.5 new)
13 Sec. 13.5. Applicant convictions.
14 (a) The Department shall not require the applicant to
15report the following information and shall not consider the
16following criminal history records in connection with an
17application for licensure:
18 (1) Juvenile adjudications of delinquent minors as
19 defined in Section 5-105 of the Juvenile Court Act of 1987,
20 subject to the restrictions set forth in Section 5-130 of
21 the Juvenile Court Act of 1987.
22 (2) Law enforcement records, court records, and
23 conviction records of an individual who was 17 years old at
24 the time of the offense and before January 1, 2014, unless
25 the nature of the offense required the individual to be

SB2053- 126 -LRB100 08715 SMS 18851 b
1 tried as an adult.
2 (3) Records of arrest not followed by a conviction
3 unless related to the practice of the profession. However,
4 applicants shall not be asked to report any arrests, and,
5 an arrest not followed by a conviction shall not be the
6 basis of a denial and may be used only to assess an
7 applicant's rehabilitation.
8 (4) Convictions overturned by a higher court.
9 (5) Convictions or arrests that have been sealed or
10 expunged.
11 (b) When reviewing, for the purpose determining whether to
12grant a license, a conviction of any felony by plea of guilty
13or nolo contendere, finding of guilt, jury verdict, or entry of
14judgment or by sentencing of an applicant, the Department shall
15consider any evidence of rehabilitation and mitigating factors
16contained in the applicant's record, including any of the
17following:
18 (1) the lack of direct relation of the offense for
19 which the applicant was previously convicted to the duties,
20 functions, and responsibilities of the position for which a
21 license is sought;
22 (2) whether 5 years since a felony conviction or 3
23 years since release from confinement for the conviction,
24 whichever is later, have passed without a subsequent
25 conviction;
26 (3) if the applicant was previously licensed or

SB2053- 127 -LRB100 08715 SMS 18851 b
1 employed in this State or other state or jurisdictions,
2 then the lack of prior misconduct arising from or related
3 to the licensed position or position of employment;
4 (4) the age of the person at the time of the criminal
5 offense;
6 (5) successful completion of sentence and, for
7 applicants serving a term of parole or probation, a
8 progress report provided by the applicant's probation or
9 parole officer that documents the applicant's compliance
10 with conditions of supervision;
11 (6) evidence of the applicant's present fitness and
12 professional character;
13 (7) evidence of rehabilitation or rehabilitative
14 effort during or after incarceration, or during or after a
15 term of supervision, including, but not limited to, a
16 certificate of good conduct under Section 5-5.5-25 of the
17 Unified Code of Corrections or a certificate of relief from
18 disabilities under Section 5-5.5-10 of the Unified Code of
19 Corrections; and
20 (8) any other mitigating factors that contribute to the
21 person's potential and current ability to perform the
22 duties and responsibilities of the position for which a
23 license or employment is sought.
24 (c) It is the affirmative obligation of the Department to
25demonstrate that a prior conviction would impair the ability of
26the applicant to engage in the licensed practice. If the

SB2053- 128 -LRB100 08715 SMS 18851 b
1Department refuses to issue a license to an applicant, then the
2Department shall notify the applicant of the denial in writing
3with the following included in the notice of denial:
4 (1) a statement about the decision to refuse to issue a
5 license;
6 (2) a list of the conviction items that formed the sole
7 or partial basis for the refusal to issue a license;
8 (3) a list of the mitigating evidence presented by the
9 applicant;
10 (4) reasons for refusing to issue a license specific to
11 the evidence presented in mitigation of conviction items
12 that formed the partial or sole basis for the Department's
13 decision; and
14 (5) a summary of the appeal process or the earliest the
15 applicant may reapply for a license, whichever is
16 applicable.
17 (d) No later than May 1 of each year, the Department must
18prepare, publicly announce, and publish a report of summary
19statistical information relating to new and renewal license
20applications during the preceding calendar year. Each report
21shall show at minimum:
22 (1) the number of applicants for a new or renewal
23 license under this Act within the previous calendar year;
24 (2) the number of applicants for a new or renewal
25 license under this Act within the previous calendar year
26 who had any criminal conviction;

SB2053- 129 -LRB100 08715 SMS 18851 b
1 (3) the number of applicants for a new or renewal
2 license under this Act in the previous calendar year who
3 were granted a license;
4 (4) the number of applicants for a new or renewal
5 license with a criminal conviction who were granted a
6 license under this Act within the previous calendar year;
7 (5) the number of applicants for a new or renewal
8 license under this Act within the previous calendar year
9 who were denied a license;
10 (6) the number of applicants for a new or renewal
11 license with a criminal conviction who were denied a
12 license under this Act in the previous calendar year in
13 part or in full because of a prior conviction;
14 (7) the number of probationary licenses without
15 monitoring issued under this Act in the previous calendar
16 year to applicants with criminal conviction; and
17 (8) the number of probationary licenses with
18 monitoring issued under this Act in the previous calendar
19 year to applicants with criminal conviction.
20 Section 70. The Illinois Professional Land Surveyor Act of
211989 is amended by changing Section 27 and by adding Section
2212.5 as follows:
23 (225 ILCS 330/12.5 new)
24 Sec. 12.5. Applicant Convictions.

SB2053- 130 -LRB100 08715 SMS 18851 b
1 (a) The Department shall not require the applicant to
2report the following information and shall not consider the
3following criminal history records in connection with an
4application for a license under this Act:
5 (1) Juvenile adjudications of delinquent minors as
6 defined in Section 5-105 of the Juvenile Court Act of 1987,
7 subject to the restrictions set forth in Section 5-130 of
8 the Juvenile Court Act of 1987.
9 (2) Law enforcement records, court records, and
10 conviction records of an individual who was 17 years old at
11 the time of the offense and before January 1, 2014, unless
12 the nature of the offense required the individual to be
13 tried as an adult.
14 (3) Records of arrest not followed by a conviction
15 unless related to the practice of the profession. However,
16 applicants shall not be asked to report any arrests, and,
17 an arrest not followed by a conviction shall not be the
18 basis of a denial and may be used only to assess an
19 applicant's rehabilitation.
20 (4) Convictions overturned by a higher court.
21 (5) Convictions or arrests that have been sealed or
22 expunged.
23 (b) No applicant for license under this Act shall be denied
24a license based on a finding of a lack of "good moral
25character" when a finding is based on the fact that an
26applicant was previously convicted of a criminal offense or

SB2053- 131 -LRB100 08715 SMS 18851 b
1offenses. When reviewing, for the purpose of determining moral
2character or whether to grant a license, a conviction of any
3felony or a misdemeanor directly related to the practice of the
4profession, the Department shall consider any evidence of
5rehabilitation and mitigating factors contained in the
6applicant's record, including any of the following:
7 (1) the lack of direct relation of the offense for
8 which the applicant was previously convicted to the duties,
9 functions, and responsibilities of the position for which a
10 license is sought;
11 (2) whether 5 years since a felony conviction or 3
12 years since release from confinement for the conviction,
13 whichever is later, have passed without a subsequent
14 conviction;
15 (3) if the applicant was previously licensed or
16 employed in this State or other state or jurisdictions,
17 then the lack of prior misconduct arising from or related
18 to the licensed position or position of employment;
19 (4) the age of the person at the time of the criminal
20 offense;
21 (5) successful completion of sentence and, for
22 applicants serving a term of parole or probation, a
23 progress report provided by the applicant's probation or
24 parole officer that documents the applicant's compliance
25 with conditions of supervision;
26 (6) evidence of the applicant's present fitness and

SB2053- 132 -LRB100 08715 SMS 18851 b
1 professional character;
2 (7) evidence of rehabilitation or rehabilitative
3 effort during or after incarceration, or during or after a
4 term of supervision, including, but not limited to, a
5 certificate of good conduct under Section 5-5.5-25 of the
6 Unified Code of Corrections or a certificate of relief from
7 disabilities under Section 5-5.5-10 of the Unified Code of
8 Corrections; and
9 (8) any other mitigating factors that contribute to the
10 person's potential and current ability to perform the
11 duties and responsibilities of the position for which a
12 license or employment is sought.
13 (c) It is the affirmative obligation of the Department to
14demonstrate that a prior conviction would impair the ability of
15the applicant to engage in the licensed practice. If the
16Department refuses to issue a license to an applicant, then the
17Department shall notify the applicant of the denial in writing
18with the following included in the notice of denial:
19 (1) a statement about the decision to refuse to issue a
20 license;
21 (2) a list of the conviction items that formed the sole
22 or partial basis for the refusal to issue a license;
23 (3) a list of the mitigating evidence presented by the
24 applicant;
25 (4) reasons for refusing to issue a license specific to
26 the evidence presented in mitigation of conviction items

SB2053- 133 -LRB100 08715 SMS 18851 b
1 that formed the partial or sole basis for the Department's
2 decision; and
3 (5) a summary of the appeal process or the earliest the
4 applicant may reapply for a license, whichever is
5 applicable.
6 (d) No later than May 1 of each year, the Department must
7prepare, publicly announce, and publish a report of summary
8statistical information relating to new and renewal license
9applications during the preceding calendar year. Each report
10shall show at minimum:
11 (1) the number of applicants for a new or renewal
12 license under this Act within the previous calendar year;
13 (2) the number of applicants for a new or renewal
14 license under this Act within the previous calendar year
15 who had any criminal conviction;
16 (3) the number of applicants for a new or renewal
17 license under this Act in the previous calendar year who
18 were granted a license;
19 (4) the number of applicants for a new or renewal
20 license with a criminal conviction who were granted a
21 license under this Act within the previous calendar year;
22 (5) the number of applicants for a new or renewal
23 license under this Act within the previous calendar year
24 who were denied a license;
25 (6) the number of applicants for a new or renewal
26 license with a criminal conviction who were denied a

SB2053- 134 -LRB100 08715 SMS 18851 b
1 license under this Act in the previous calendar year in
2 part or in whole because of a prior conviction;
3 (7) the number of probationary licenses without
4 monitoring issued under this Act in the previous calendar
5 year to applicants with criminal conviction; and
6 (8) the number of probationary licenses with
7 monitoring issued under this Act in the previous calendar
8 year to applicants with criminal conviction.
9 (225 ILCS 330/27) (from Ch. 111, par. 3277)
10 (Section scheduled to be repealed on January 1, 2020)
11 Sec. 27. Grounds for disciplinary action.
12 (a) The Department may refuse to issue or renew a license,
13or may place on probation or administrative supervision,
14suspend, or revoke any license, or may reprimand or take any
15disciplinary or non-disciplinary action as the Department may
16deem proper, including the imposition of fines not to exceed
17$10,000 per violation, upon any person, corporation,
18partnership, or professional land surveying firm licensed or
19registered under this Act for any of the following reasons:
20 (1) material misstatement in furnishing information to
21 the Department;
22 (2) violation, including, but not limited to, neglect
23 or intentional disregard, of this Act, or its rules;
24 (3) for licensees, conviction of, or entry of a plea of
25 guilty or nolo contendere to, any crime that is a felony

SB2053- 135 -LRB100 08715 SMS 18851 b
1 under the laws of the United States or any state or
2 territory thereof or that is a misdemeanor of which an
3 essential element is dishonesty, or any crime that is
4 directly related to the practice of the profession; for
5 applicants, provisions set forth in Section 12.5 apply;
6 (4) making any misrepresentation for the purpose of
7 obtaining a license, or in applying for restoration or
8 renewal, or the practice of any fraud or deceit in taking
9 any examination to qualify for licensure under this Act;
10 (5) purposefully making false statements or signing
11 false statements, certificates, or affidavits to induce
12 payment;
13 (6) proof of carelessness, incompetence, negligence,
14 or misconduct in practicing land surveying;
15 (7) aiding or assisting another person in violating any
16 provision of this Act or its rules;
17 (8) failing to provide information in response to a
18 written request made by the Department within 30 days after
19 receipt of such written request;
20 (9) engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public;
23 (10) inability to practice with reasonable judgment,
24 skill, or safety as a result of habitual or excessive use
25 of, or addiction to, alcohol, narcotics, stimulants or any
26 other chemical agent or drug;

SB2053- 136 -LRB100 08715 SMS 18851 b
1 (11) discipline by the United States government,
2 another state, District of Columbia, territory, foreign
3 nation or government agency if at least one of the grounds
4 for the discipline is the same or substantially equivalent
5 to those set forth in this Act;
6 (12) directly or indirectly giving to or receiving from
7 any person, firm, corporation, partnership, or association
8 any fee, commission, rebate, or other form of compensation
9 for any professional services not actually or personally
10 rendered;
11 (12.5) issuing a map or plat of survey where the fee
12 for professional services is contingent on a real estate
13 transaction closing;
14 (13) a finding by the Department that an applicant or
15 licensee has failed to pay a fine imposed by the Department
16 or a licensee whose license has been placed on probationary
17 status has violated the terms of probation;
18 (14) practicing on an expired, inactive, suspended, or
19 revoked license;
20 (15) signing, affixing the Professional Land
21 Surveyor's seal or permitting the Professional Land
22 Surveyor's seal to be affixed to any map or plat of survey
23 not prepared by the Professional Land Surveyor or under the
24 Professional Land Surveyor's direct supervision and
25 control;
26 (16) inability to practice the profession with

SB2053- 137 -LRB100 08715 SMS 18851 b
1 reasonable judgment, skill, or safety as a result of
2 physical illness, including, but not limited to,
3 deterioration through the aging process or loss of motor
4 skill or a mental illness or disability;
5 (17) (blank); or
6 (18) failure to adequately supervise or control land
7 surveying operations being performed by subordinates.
8 (a-5) In enforcing this Section, the Department or Board,
9upon a showing of a possible violation, may compel a person
10licensed to practice under this Act, or who has applied for
11licensure or certification pursuant to this Act, to submit to a
12mental or physical examination, or both, as required by and at
13the expense of the Department. The Department or Board may
14order the examining physician to present testimony concerning
15the mental or physical examination of the licensee or
16applicant. No information shall be excluded by reason of any
17common law or statutory privilege relating to communications
18between the licensee or applicant and the examining physician.
19The examining physicians shall be specifically designated by
20the Board or Department. The individual to be examined may
21have, at his or her own expense, another physician of his or
22her choice present during all aspects of the examination.
23Failure of an individual to submit to a mental or physical
24examination when directed shall be grounds for the immediate
25suspension of his or her license until the individual submits
26to the examination if the Department finds that the refusal to

SB2053- 138 -LRB100 08715 SMS 18851 b
1submit to the examination was without reasonable cause as
2defined by rule.
3 If the Secretary immediately suspends the license of a
4licensee for his or her failure to submit to a mental or
5physical examination when directed, a hearing must be convened
6by the Department within 15 days after the suspension and
7completed without appreciable delay.
8 If the Secretary otherwise suspends a person's license
9pursuant to the results of a compelled mental or physical
10examination, a hearing on that person's license must be
11convened by the Department within 15 days after the suspension
12and completed without appreciable delay. The Department and
13Board shall have the authority to review the subject
14individual's record of treatment and counseling regarding
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18 Any licensee suspended under this subsection (a-5) shall be
19afforded an opportunity to demonstrate to the Department or
20Board that he or she can resume practice in compliance with the
21acceptable and prevailing standards under the provisions of his
22or her license.
23 (b) The determination by a circuit court that a licensee is
24subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code, as now or hereafter amended, operates as an automatic

SB2053- 139 -LRB100 08715 SMS 18851 b
1license suspension. Such suspension will end only upon a
2finding by a court that the patient is no longer subject to
3involuntary admission or judicial admission and the issuance of
4an order so finding and discharging the patient and upon the
5recommendation of the Board to the Director that the licensee
6be allowed to resume his or her practice.
7 (c) The Department shall deny a license or renewal
8authorized by this Act to a person who has defaulted on an
9educational loan or scholarship provided or guaranteed by the
10Illinois Student Assistance Commission or any governmental
11agency of this State in accordance with subdivision (a)(5) of
12Section 2105-15 of the Department of Professional Regulation
13Law of the Civil Administrative Code of Illinois (20 ILCS
142105/2105-15).
15 (d) In cases where the Department of Healthcare and Family
16Services (formerly the Department of Public Aid) has previously
17determined that a licensee or a potential licensee is more than
1830 days delinquent in the payment of child support and has
19subsequently certified the delinquency to the Department, the
20Department shall refuse to issue or renew or shall revoke or
21suspend that person's license or shall take other disciplinary
22action against that person based solely upon the certification
23of delinquency made by the Department of Healthcare and Family
24Services in accordance with subdivision (a)(5) of Section
252105-15 of the Department of Professional Regulation Law of the
26Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

SB2053- 140 -LRB100 08715 SMS 18851 b
1 (e) The Department shall refuse to issue or renew or shall
2revoke or suspend a person's license or shall take other
3disciplinary action against that person for his or her failure
4to file a return, to pay the tax, penalty, or interest shown in
5a filed return, or to pay any final assessment of tax, penalty,
6or interest as required by any tax Act administered by the
7Department of Revenue, until such time as the requirements of
8the tax Act are satisfied in accordance with subsection (g) of
9Section 2105-15 of the Department of Professional Regulation
10Law of the Civil Administrative Code of Illinois (20 ILCS
112105/2105-15).
12(Source: P.A. 98-756, eff. 7-16-14.)
13 Section 75. The Water Well and Pump Installation
14Contractor's License Act is amended by changing Section 15 and
15by adding Section 15.1 as follows:
16 (225 ILCS 345/15) (from Ch. 111, par. 7116)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 15. The Department may refuse to issue or renew, may
19suspend or may revoke a license on any one or more of the
20following grounds:
21 (1) Material misstatement in the application for license;
22 (2) Failure to have or retain the qualifications required
23by Section 9 of this Act;
24 (3) Wilful disregard or violation of this Act or of any

SB2053- 141 -LRB100 08715 SMS 18851 b
1rule or regulation promulgated by the Department pursuant
2thereto; or disregard or violation of any law of the state of
3Illinois or of any rule or regulation promulgated pursuant
4thereto relating to water well drilling or the installation of
5water pumps and equipment or any rule or regulation adopted
6pursuant thereto;
7 (4) Wilfully aiding or abetting another in the violation of
8this Act or any rule or regulation promulgated by the
9Department pursuant thereto;
10 (5) Incompetence in the performance of the work of a water
11well contractor or of a water well pump installation
12contractor;
13 (6) Allowing the use of a license by someone other than the
14person in whose name it was issued;
15 (7) For licensees, conviction Conviction of any crime an
16essential element of which is misstatement, fraud or
17dishonesty, conviction in this or another State of any crime
18which is a felony under the laws of this State or the
19conviction in a federal court of any felony. ; for applicants,
20provisions set forth in Section 15.1 apply;
21 (8) Making substantial misrepresentations or false
22promises of a character likely to influence, persuade or induce
23in connection with the occupation of a water well contractor or
24a water well pump installation contractor.
25(Source: P.A. 77-1626.)

SB2053- 142 -LRB100 08715 SMS 18851 b
1 (225 ILCS 345/15.1 new)
2 Sec. 15.1. Applicant convictions.
3 (a) The Department shall not require an applicant to
4provide the following information and shall not consider the
5following criminal history records in connection with an
6application for licensure:
7 (1) Juvenile adjudications of delinquent minors as
8 defined in 705 ILCS 405/5-120 subject to the exclusions set
9 forth in 705 ILCS 405/5-130.
10 (2) Law enforcement records, court records, and
11 conviction records of an individual who was 17 years old at
12 the time of the offense and before January 1, 2014, unless
13 the nature of the offense required the individual to be
14 tried as an adult.
15 (3) Records of arrest of an offense unrelated to the
16 practice of the profession and not followed by a
17 conviction. However, applicants shall not be asked to
18 report any arrests, and, any arrest not followed by a
19 conviction shall not be the basis of a denial and may be
20 used only to assess the applicant's rehabilitation.
21 (4) Convictions overturned by a higher court.
22 (5) Convictions or arrests that have been sealed or
23 expunged.
24 (b) When reviewing, for the purpose of determining whether
25to grant a license, a conviction of any felony of an applicant,
26the Department shall consider evidence of rehabilitation and

SB2053- 143 -LRB100 08715 SMS 18851 b
1mitigating factors contained in the applicant's record,
2including the following:
3 (1) the lack of direct relation of the offense for
4 which the applicant was previously convicted to the duties,
5 functions, and responsibilities of the position for which a
6 license is sought;
7 (2) whether 5 years since a felony conviction or 3
8 years since release from confinement for the conviction,
9 whichever is later, have passed without a subsequent
10 conviction;
11 (3) if the applicant was previously licensed or
12 employed in this State or other state or jurisdictions,
13 then the lack of prior misconduct arising from or related
14 to the licensed position or position of employment;
15 (4) the age of the person at the time of the criminal
16 offense;
17 (5) successful completion of sentence and, for
18 applicants serving a term of parole or probation, a
19 progress report provided by the applicant's probation or
20 parole officer that documents the applicant's compliance
21 with conditions of supervision;
22 (6) evidence of the applicant's present fitness and
23 professional character;
24 (7) evidence of rehabilitation or rehabilitative
25 effort during or after incarceration, or during or after a
26 term of supervision, including, but not limited to, a

SB2053- 144 -LRB100 08715 SMS 18851 b
1 certificate of good conduct under Section 5-5.5-25 of the
2 Unified Code of Corrections or a certificate of relief from
3 disabilities under Section 5-5.5-10 of the Unified Code of
4 Corrections; and
5 (8) any other mitigating factors that contribute to the
6 person's potential and current ability to perform the job
7 duties.
8 (c) It is the affirmative obligation of the Department to
9demonstrate that a prior conviction would impair the ability of
10the applicant to engage in the licensed practice. If the
11Department refuses to issue a license to an applicant, then the
12Department shall notify the applicant of the denial in writing
13with the following included in the notice of denial:
14 (1) a statement about the decision to refuse to issue a
15 license;
16 (2) a list of the convictions that formed the sole or
17 partial basis for the refusal to issue a license;
18 (3) a list of the mitigating evidence presented by the
19 applicant;
20 (4) reasons for refusing to issue a license specific to
21 the evidence presented in mitigation of conviction items
22 that formed the partial or sole basis for the Department's
23 decision; and
24 (5) a summary of the appeal process or the earliest the
25 applicant may reapply for a license, whichever is
26 applicable.

SB2053- 145 -LRB100 08715 SMS 18851 b
1 (d) No later than May 1 of each year, the Department must
2prepare, publicly announce, and publish a report of summary
3statistical information relating to new and renewal license
4applications during the preceding calendar year. Each report
5shall show at minimum:
6 (1) the number of applicants for a new or renewal
7 license under this Act within the previous calendar year;
8 (2) the number of applicants for a new or renewal
9 license under this Act within the previous calendar year
10 who had any criminal conviction;
11 (3) the number of applicants for a new or renewal
12 license under this Act in the previous calendar year who
13 were granted a license;
14 (4) the number of applicants for a new or renewal
15 license with a criminal conviction who were granted a
16 license under this Act within the previous calendar year;
17 (5) the number of applicants for a new or renewal
18 license under this Act within the previous calendar year
19 who were denied a license;
20 (6) the number of applicants for a new or renewal
21 license with a criminal conviction who were denied a
22 license under this Act in the previous calendar year in
23 part or in full because of a prior conviction;
24 (7) the number of probationary licenses without
25 monitoring issued under this Act in the previous calendar
26 year to applicants with criminal conviction;and the number

SB2053- 146 -LRB100 08715 SMS 18851 b
1 of probationary licenses with monitoring issued under this
2 Act in the previous calendar year to applicants with
3 criminal conviction.
4 Section 80. The Illinois Athlete Agents Act is amended by
5changing Section 75 and by adding Section 74 as follows:
6 (225 ILCS 401/74 new)
7 Sec. 74. Applicant convictions.
8 (a) The Department shall not require the applicant to
9report the following information and shall not consider the
10following criminal history records in connection with an
11application for licensure:
12 (1) Juvenile adjudications of delinquent minors as
13 defined in Section 5-105 of the Juvenile Court Act of 1987,
14 subject to the restrictions set forth in Section 5-130 of
15 the Juvenile Court Act of 1987.
16 (2) Law enforcement records, court records, and
17 conviction records of an individual who was 17 years old at
18 the time of the offense and before January 1, 2014, unless
19 the nature of the offense required the individual to be
20 tried as an adult.
21 (3) Records of arrest not followed by a conviction
22 unless related to the practice of the profession. However,
23 applicants shall not be asked to report any arrests, and,
24 an arrest not followed by a conviction shall not be the

SB2053- 147 -LRB100 08715 SMS 18851 b
1 basis of a denial and may be used only to assess an
2 applicant's rehabilitation.
3 (4) Convictions overturned by a higher court.
4 (5) Convictions or arrests that have been sealed or
5 expunged.
6 (b) When reviewing, for the purpose of licensure, a
7conviction of any misdemeanor directly related to the practice
8of the profession or of any felony of the applicant, the
9Department shall consider any evidence of rehabilitation and
10mitigating factors contained in the applicant's record,
11including any of the following:
12 (1) the lack of direct relation of the offense for
13 which the applicant was previously convicted to the duties,
14 functions, and responsibilities of the position for which a
15 license is sought;
16 (2) whether 5 years since a felony conviction or 3
17 years since release from confinement for the conviction,
18 whichever is later, have passed without a subsequent
19 conviction;
20 (3) if the applicant was previously licensed or
21 employed in this State or other state or jurisdictions,
22 then the lack of prior misconduct arising from or related
23 to the licensed position or position of employment;
24 (4) the age of the person at the time of the criminal
25 offense;
26 (5) successful completion of sentence and, for

SB2053- 148 -LRB100 08715 SMS 18851 b
1 applicants serving a term of parole or probation, a
2 progress report provided by the applicant's probation or
3 parole officer that documents the applicant's compliance
4 with conditions of supervision;
5 (6) evidence of the applicant's present fitness and
6 professional character;
7 (7) evidence of rehabilitation or rehabilitative
8 effort during or after incarceration, or during or after a
9 term of supervision, including, but not limited to, a
10 certificate of good conduct under Section 5-5.5-25 of the
11 Unified Code of Corrections or a certificate of relief from
12 disabilities under Section 5-5.5-10 of the Unified Code of
13 Corrections; and
14 (8) any other mitigating factors that contribute to the
15 person's potential and current ability to perform the
16 duties and responsibilities of the position for which a
17 license or employment is sought.
18 (c) It is the affirmative obligation of the Department to
19demonstrate that a prior conviction would impair the ability of
20the applicant to engage in the licensed practice. If the
21Department refuses to issue a license to an applicant, then the
22Department shall notify the applicant of the denial in writing
23with the following included in the notice of denial:
24 (1) a statement about the decision to refuse to issue a
25 license;
26 (2) a list of the conviction items that formed the sole

SB2053- 149 -LRB100 08715 SMS 18851 b
1 or partial basis for the refusal to issue a license;
2 (3) a list of the mitigating evidence presented by the
3 applicant;
4 (4) reasons for refusing to issue a license specific to
5 the evidence presented in mitigation of conviction items
6 that formed the partial or sole basis for the Department's
7 decision; and
8 (5) a summary of the appeal process or the earliest the
9 applicant may reapply for a license, whichever is
10 applicable.
11 (d) No later than May 1 of each year, the Department must
12prepare, publicly announce, and publish a report of summary
13statistical information relating to new and renewal license
14applications during the preceding calendar year. Each report
15shall show at minimum:
16 (1) the number of applicants for a new or renewal
17 license under this Act within the previous calendar year;
18 (2) the number of applicants for a new or renewal
19 license under this Act within the previous calendar year
20 who had any criminal conviction;
21 (3) the number of applicants for a new or renewal
22 license under this Act in the previous calendar year who
23 were granted a license;
24 (4) the number of applicants for a new or renewal
25 license with a criminal conviction who were granted a
26 license under this Act within the previous calendar year;

SB2053- 150 -LRB100 08715 SMS 18851 b
1 (5) the number of applicants for a new or renewal
2 license under this Act within the previous calendar year
3 who were denied a license;
4 (6) the number of applicants for a new or renewal
5 license with a criminal conviction who were denied a
6 license under this Act in the previous calendar year in
7 part or in whole because of a prior conviction;
8 (7) the number of probationary licenses without
9 monitoring issued under this Act in the previous calendar
10 year to applicants with criminal conviction; and
11 (8) the number of probationary licenses with
12 monitoring issued under this Act in the previous calendar
13 year to applicants with criminal conviction.
14 (225 ILCS 401/75)
15 Sec. 75. Grounds for disciplinary action.
16 (a) The Department may refuse to issue or renew, or may
17revoke, suspend, place on probation, reprimand, or take other
18disciplinary or non-disciplinary action as the Department may
19deem appropriate, including imposing fines not to exceed
20$10,000 for each violation, with regard to any license for any
21one or combination of the following:
22 (1) Making a material misstatement in furnishing
23 information to the Department.
24 (2) Violating this Act, or the rules adopted pursuant
25 to this Act.

SB2053- 151 -LRB100 08715 SMS 18851 b
1 (3) For licensees, conviction Conviction of or entry of
2 a plea of guilty or nolo contendere, finding of guilt, jury
3 verdict, or entry of judgment or by sentencing of any
4 crime, including but not limited to convictions, preceding
5 sentences of supervision, conditional discharge or first
6 offender probation, to any crime that is a felony under the
7 laws of the United States or any state or territory thereof
8 or that is a misdemeanor of which as essential element is
9 dishonesty, or any crime that is directly related to the
10 practice of the profession. For applicants, provisions set
11 forth in Section 74 of this Act apply.
12 (4) Making any misrepresentation for the purpose of
13 obtaining licensure or violating any provision of this Act
14 or the rules adopted under this Act pertaining to
15 advertising.
16 (5) Professional incompetence.
17 (6) Gross malpractice.
18 (7) Aiding or assisting another person in violating any
19 provision of this Act or rules adopted under this Act.
20 (8) Failing, within 60 days, to provide information in
21 response to a written request made by the Department.
22 (9) Engaging in dishonorable, unethical, or
23 unprofessional conduct of a character likely to deceive,
24 defraud, or harm the public.
25 (10) Inability to practice with reasonable judgment,
26 skill or safety as a result of habitual or excessive use or

SB2053- 152 -LRB100 08715 SMS 18851 b
1 addiction to alcohol, narcotics, stimulants or any other
2 chemical agent or drug.
3 (11) Denial of any application as an athlete agent or
4 discipline by another state, District of Columbia,
5 territory, or foreign nation, if at least one of the
6 grounds for the discipline is the same or substantially
7 equivalent to those set forth in this Section.
8 (12) 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 (13) Willfully making or filing false records or
12 reports in his or her practice, including but not limited
13 to, false records filed with State agencies or departments.
14 (14) 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 (15) Solicitation of professional services other than
20 permitted advertising.
21 (16) Conviction of or cash compromise of a charge or
22 violation of the Illinois Controlled Substances Act
23 regulating narcotics.
24 (17) Gross, willful, or continued overcharging for
25 professional services, including filing false statements
26 for collection of fees for which services are not rendered.

SB2053- 153 -LRB100 08715 SMS 18851 b
1 (18) Practicing under a false or, except as provided by
2 law, an assumed name.
3 (19) Fraud or 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 (20) Any instance in which the conduct of the applicant
7 or any person named pursuant to item (5) of subsection (a)
8 of Section 45 resulted in the imposition of a sanction,
9 suspension, or declaration of ineligibility to participate
10 in an interscholastic or intercollegiate athletic event on
11 a student-athlete or educational institution.
12 (21) Any instance in which the conduct of any person
13 named pursuant to item (5) of subsection (a) of Section 45
14 resulted in the denial of an application as an athlete
15 agent or discipline of a license as an athlete agent by
16 another state, District of Columbia, territory, or foreign
17 nation, if at least one of the grounds for the discipline
18 is the same or substantially equivalent to those set forth
19 in this Section.
20 (22) Committing any of the activities set forth in
21 subsection (b) of Section 175 of this Act.
22 (b) A person holding a license under this Act or has
23applied for licensure under this Act who, because of a physical
24or mental illness or disability, including but not limited to
25deterioration through the aging process or loss of motor skill,
26is unable to practice the profession with reasonable judgment,

SB2053- 154 -LRB100 08715 SMS 18851 b
1skill, or safety may be required by the Department to submit to
2care, counseling or treatment by physicians approved or
3designated by the Department as a condition, term or
4restriction for continued, reinstated or renewed licensure to
5practice. Submission to care, counseling or treatment as
6required by the Department shall not be considered discipline
7of the license. If the licensee refuses to enter into a care,
8counseling, or treatment agreement or fails to abide by the
9terms of the agreement, then the Department may file a
10complaint to suspend, revoke, or otherwise discipline the
11license of the individual. The Secretary may order the license
12suspended immediately, pending a hearing by the Department.
13Fines shall not be assessed in disciplinary actions involving
14physical or mental illness or impairment.
15 (c) The determination by a circuit court that a licensee is
16subject to involuntary admission or judicial admission as
17provided in the Mental Health and Developmental Disabilities
18Code, as amended, operates as an automatic suspension. The
19suspension will end only upon a finding by a court that the
20licensee is no longer subject to the involuntary admission or
21judicial admission and issues an order so finding and
22discharging the licensee; and upon review of the order by the
23Secretary or his or her designee, the licensee may be allowed
24to resume his or her practice.
25 (d) The Department may refuse to issue or may suspend
26without hearing as provided for in the Code of Civil Procedure

SB2053- 155 -LRB100 08715 SMS 18851 b
1the license of any person who fails to file a return, or to pay
2the tax, penalty or interest shown in a filed return, or to pay
3any final assessment of the tax, penalty, or interest as
4required by any tax Act administered by the Illinois Department
5of Revenue, until such time as the requirements of any such tax
6Act are satisfied.
7 (e) In enforcing this Section, the Department upon a
8showing of a possible violation may compel an individual
9licensed to practice under this Act, or who has applied for
10licensure under this Act, to submit to a mental or physical
11examination, or both, as required by and at the expense of the
12Department. The Department may order the examining physician to
13present testimony concerning the mental or physical
14examination of the licensee or applicant. No information shall
15be excluded by reason of any common law or statutory privilege
16relating to communications between the licensee or applicant
17and the examining physician. The examining physicians shall be
18specifically designated by the Department. The individual to be
19examined may have, at his or her own expense, another physician
20of his or her choice present during all aspects of this
21examination. Failure of an individual to submit to a mental or
22physical examination, when directed, shall be grounds for the
23immediate suspension of his or her license until the individual
24submits to the examination if the Department finds that the
25refusal to submit to the examination was without reasonable
26cause as defined by rule.

SB2053- 156 -LRB100 08715 SMS 18851 b
1 In instances in which the Secretary immediately suspends a
2person's license for his or her failure to submit to a mental
3or physical examination, when directed, a hearing on that
4person's license must be convened by the Department within 15
5days after the suspension and completed without appreciable
6delay.
7 In instances in which the Secretary otherwise suspends a
8person's license pursuant to the results of a compelled mental
9or physical examination a hearing on that person's license must
10be convened by the Department within 15 days after the
11suspension and completed without appreciable delay. The
12Department shall have the authority to review the subject
13individual's record of treatment and counseling regarding the
14impairment to the extent permitted by applicable federal
15statutes and regulations safeguarding the confidentiality of
16medical records.
17 An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Department that he or she can resume practice in compliance
20with acceptable and prevailing standards under the provisions
21of his or her license.
22(Source: P.A. 96-1030, eff. 1-1-11.)
23 Section 85. The Auction License Act is amended by changing
24Section 20-15 and by adding Section 20-11 as follows:

SB2053- 157 -LRB100 08715 SMS 18851 b
1 (225 ILCS 407/20-11 new)
2 Sec. 20-11. Applicant convictions.
3 (a) The Department shall not require the applicant to
4report information about the following, and shall not consider
5the following criminal history records in connection with an
6application for a license under this Act:
7 (1) Juvenile adjudications of delinquent minors as
8 defined in Section 5-105 of the Juvenile Court Act of 1987,
9 subject to the restrictions set forth in Section 5-130 of
10 the Juvenile Court Act of 1987.
11 (2) Law enforcement records, court records, and
12 conviction records of an individual who was 17 years old at
13 the time of the offense and before January 1, 2014, unless
14 the nature of the offense required the individual to be
15 tried as an adult.
16 (3) Records of arrest not followed by a conviction
17 unless related to the practice of the profession. However,
18 applicants shall not be asked to report any arrests, and,
19 an arrest not followed by a conviction shall not be the
20 basis of a denial and may be used only to assess an
21 applicant's rehabilitation.
22 (4) Convictions overturned by a higher court.
23 (5) Convictions or arrests that have been sealed or
24 expunged.
25 (b) When reviewing, for the purpose of licensure, an
26applicant's conviction of any felony or a misdemeanor that is

SB2053- 158 -LRB100 08715 SMS 18851 b
1directly related to the practice of the profession, the
2Department shall consider any evidence of rehabilitation and
3mitigating factors contained in the applicant's record,
4including any of the following:
5 (1) the lack of direct relation of the offense for
6 which the applicant was previously convicted to the duties,
7 functions, and responsibilities of the position for which a
8 license is sought;
9 (2) whether 5 years since a felony conviction or 3
10 years since release from confinement for the conviction,
11 whichever is later, have passed without a subsequent
12 conviction;
13 (3) if the applicant was previously licensed or
14 employed in this State or other state or jurisdictions,
15 then the lack of prior misconduct arising from or related
16 to the licensed position or position of employment;
17 (4) the age of the person at the time of the criminal
18 offense;
19 (5) successful completion of sentence and, for
20 applicants serving a term of parole or probation, a
21 progress report provided by the applicant's probation or
22 parole officer that documents the applicant's compliance
23 with conditions of supervision;
24 (6) evidence of the applicant's present fitness and
25 professional character;
26 (7) evidence of rehabilitation or rehabilitative

SB2053- 159 -LRB100 08715 SMS 18851 b
1 effort during or after incarceration, or during or after a
2 term of supervision, including, but not limited to, a
3 certificate of good conduct under Section 5-5.5-25 of the
4 Unified Code of Corrections or a certificate of relief from
5 disabilities under Section 5-5.5-10 of the Unified Code of
6 Corrections; and
7 (8) any other mitigating factors that contribute to the
8 person's potential and current ability to perform the
9 duties and responsibilities of the position for which a
10 license or employment is sought.
11 (c) It is the affirmative obligation of the Department to
12demonstrate that a prior conviction would impair the ability of
13the applicant to engage in the licensed practice. If the
14Department refuses to issue a license to an applicant, then the
15Department shall notify the applicant of the denial in writing
16with the following included in the notice of denial:
17 (1) a statement about the decision to refuse to issue a
18 license;
19 (2) a list of the conviction items that formed the sole
20 or partial basis for the refusal to issue a license;
21 (3) a list of the mitigating evidence presented by the
22 applicant;
23 (4) reasons for refusing to issue a license specific to
24 the evidence presented in mitigation of conviction items
25 that formed the partial or sole basis for the Department's
26 decision; and

SB2053- 160 -LRB100 08715 SMS 18851 b
1 (5) a summary of the appeal process or the earliest the
2 applicant may reapply for a license, whichever is
3 applicable.
4 (d) No later than May 1 of each year, the Department must
5prepare, publicly announce, and publish a report of summary
6statistical information relating to new and renewal license
7applications during the preceding calendar year. Each report
8shall show at minimum:
9 (1) the number of applicants for a new or renewal
10 license under this Act within the previous calendar year;
11 (2) the number of applicants for a new or renewal
12 license under this Act within the previous calendar year
13 who had any criminal conviction;
14 (3) the number of applicants for new or renewal license
15 under this Act in the previous calendar year who were
16 granted a license;
17 (4) the number of applicants with a criminal conviction
18 who were granted a new or renewal license under this Act
19 within the previous calendar year;
20 (5) the number of applicants for a new or renewal
21 license under this Act within the previous calendar year
22 who were denied a license;
23 (6) the number of applicants for new or renewal license
24 with a criminal conviction who were denied a license under
25 this Act in the previous calendar year in part or in whole
26 because of a prior conviction;

SB2053- 161 -LRB100 08715 SMS 18851 b
1 (7) the number of probationary licenses without
2 monitoring issued under this Act in the previous calendar
3 year to applicants with criminal convictions; and
4 (8) the number of probationary licenses with
5 monitoring issued under this Act in the previous calendar
6 year to applicants with criminal convictions.
7 (225 ILCS 407/20-15)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 20-15. Disciplinary actions; grounds. The Department
10may refuse to issue or renew a license, may place on probation
11or administrative supervision, suspend, or revoke any license
12or may reprimand or take other disciplinary or non-disciplinary
13action as the Department may deem proper, including the
14imposition of fines not to exceed $10,000 for each violation
15upon anyone licensed under this Act for any of the following
16reasons:
17 (1) False or fraudulent representation or material
18 misstatement in furnishing information to the Department
19 in obtaining or seeking to obtain a license.
20 (2) Violation of any provision of this Act or the rules
21 promulgated pursuant to this Act.
22 (3) For licensees, conviction Conviction of or entry of
23 a plea of guilty or nolo contendere to any crime that is a
24 felony under the laws of the United States or any state or
25 territory thereof, or that is a misdemeanor, an essential

SB2053- 162 -LRB100 08715 SMS 18851 b
1 element of which is dishonesty, or any crime that is
2 directly related to the practice of the profession. For
3 applicants, provisions set forth in Section 20-11 apply.
4 (4) Being adjudged to be a person under legal
5 disability or subject to involuntary admission or to meet
6 the standard for judicial admission as provided in the
7 Mental Health and Developmental Disabilities Code.
8 (5) Discipline of a licensee by another state, the
9 District of Columbia, a territory of the United States, a
10 foreign nation, a governmental agency, or any other entity
11 authorized to impose discipline if at least one of the
12 grounds for that discipline is the same as or the
13 equivalent to one of the grounds for discipline set forth
14 in this Act or for failing to report to the Department,
15 within 30 days, any adverse final action taken against the
16 licensee by any other licensing jurisdiction, government
17 agency, law enforcement agency, or court, or liability for
18 conduct that would constitute grounds for action as set
19 forth in this Act.
20 (6) Engaging in the practice of auctioneering,
21 conducting an auction, or providing an auction service
22 without a license or after the license was expired,
23 revoked, suspended, or terminated or while the license was
24 inoperative.
25 (7) Attempting to subvert or cheat on the auctioneer
26 exam or any continuing education exam, or aiding or

SB2053- 163 -LRB100 08715 SMS 18851 b
1 abetting another to do the same.
2 (8) Directly or indirectly giving to or receiving from
3 a person, firm, corporation, partnership, or association a
4 fee, commission, rebate, or other form of compensation for
5 professional service not actually or personally rendered,
6 except that an auctioneer licensed under this Act may
7 receive a fee from another licensed auctioneer from this
8 State or jurisdiction for the referring of a client or
9 prospect for auction services to the licensed auctioneer.
10 (9) Making any substantial misrepresentation or
11 untruthful advertising.
12 (10) Making any false promises of a character likely to
13 influence, persuade, or induce.
14 (11) Pursuing a continued and flagrant course of
15 misrepresentation or the making of false promises through a
16 licensee, agent, employee, advertising, or otherwise.
17 (12) Any misleading or untruthful advertising, or
18 using any trade name or insignia of membership in any
19 auctioneer association or organization of which the
20 licensee is not a member.
21 (13) Commingling funds of others with his or her own
22 funds or failing to keep the funds of others in an escrow
23 or trustee account.
24 (14) Failure to account for, remit, or return any
25 moneys, property, or documents coming into his or her
26 possession that belong to others, acquired through the

SB2053- 164 -LRB100 08715 SMS 18851 b
1 practice of auctioneering, conducting an auction, or
2 providing an auction service within 30 days of the written
3 request from the owner of said moneys, property, or
4 documents.
5 (15) Failure to maintain and deposit into a special
6 account, separate and apart from any personal or other
7 business accounts, all moneys belonging to others
8 entrusted to a licensee while acting as an auctioneer,
9 associate auctioneer, auction firm, or as a temporary
10 custodian of the funds of others.
11 (16) Failure to make available to Department personnel
12 during normal business hours all escrow and trustee records
13 and related documents maintained in connection with the
14 practice of auctioneering, conducting an auction, or
15 providing an auction service within 24 hours after a
16 request from Department personnel.
17 (17) Making or filing false records or reports in his
18 or her practice, including but not limited to false records
19 or reports filed with State agencies.
20 (18) Failing to voluntarily furnish copies of all
21 written instruments prepared by the auctioneer and signed
22 by all parties to all parties at the time of execution.
23 (19) Failing to provide information within 30 days in
24 response to a written request made by the Department.
25 (20) Engaging in any act that constitutes a violation
26 of Section 2-102, 3-103, or 3-105 of the Illinois Human

SB2053- 165 -LRB100 08715 SMS 18851 b
1 Rights Act.
2 (21) (Blank).
3 (22) Engaging in dishonorable, unethical, or
4 unprofessional conduct of a character likely to deceive,
5 defraud, or harm the public.
6 (23) Offering or advertising real estate for sale or
7 lease at auction without a valid broker or managing
8 broker's license under the Real Estate License Act of 1983,
9 or any successor Act, unless exempt from licensure under
10 the terms of the Real Estate License Act of 2000, or any
11 successor Act, except as provided for in Section 5-32 of
12 the Real Estate License Act of 2000.
13 (24) Inability to practice the profession with
14 reasonable judgment, skill, or safety as a result of a
15 physical illness, including, but not limited to,
16 deterioration through the aging process or loss of motor
17 skill, or a mental illness or disability.
18 (25) A pattern of practice or other behavior that
19 demonstrates incapacity or incompetence to practice under
20 this Act.
21 (26) Being named as a perpetrator in an indicated
22 report by the Department of Children and Family Services
23 under the Abused and Neglected Child Reporting Act and upon
24 proof by clear and convincing evidence that the licensee
25 has caused a child to be an abused child or a neglected
26 child as defined in the Abused and Neglected Child

SB2053- 166 -LRB100 08715 SMS 18851 b
1 Reporting Act.
2 (27) Inability to practice with reasonable judgment,
3 skill, or safety as a result of habitual or excessive use
4 or addiction to alcohol, narcotics, stimulants, or any
5 other chemical agent or drug.
6 (28) Wilfully failing to report an instance of
7 suspected child abuse or neglect as required by the Abused
8 and Neglected Child Reporting Act.
9 The entry of an order by a circuit court establishing that
10any person holding a license under this Act is subject to
11involuntary admission or judicial admission, as provided for in
12the Mental Health and Developmental Disabilities Code,
13operates as an automatic suspension of that license. That
14person may have his or her license restored only upon the
15determination by a circuit court that the patient is no longer
16subject to involuntary admission or judicial admission and the
17issuance of an order so finding and discharging the patient and
18upon the Board's recommendation to the Department that the
19license be restored. Where circumstances so indicate, the Board
20may recommend to the Department that it require an examination
21prior to restoring a suspended license.
22 If the Department or Board finds an individual unable to
23practice because of the reasons set forth in this Section, the
24Department or Board may require that individual to submit to
25care, counseling, or treatment by physicians approved or
26designated by the Department or Board, as a condition, term, or

SB2053- 167 -LRB100 08715 SMS 18851 b
1restriction for continued, reinstated, or renewed licensure to
2practice; or, in lieu of care, counseling, or treatment, the
3Department may file, or the Board may recommend to the
4Department to file, a complaint to immediately suspend, revoke,
5or otherwise discipline the license of the individual. An
6individual whose license was granted, continued, reinstated,
7renewed, disciplined or supervised subject to such terms,
8conditions, or restrictions, and who fails to comply with such
9terms, conditions, or restrictions, shall be referred to the
10Secretary for a determination as to whether the individual
11shall have his or her license suspended immediately, pending a
12hearing by the Department. In instances in which the Secretary
13immediately suspends a person's license under this Section, a
14hearing on that person's license must be convened by the
15Department within 21 days after the suspension and completed
16without appreciable delay. The Department and Board shall have
17the authority to review the subject individual's record of
18treatment and counseling regarding the impairment to the extent
19permitted by applicable federal statutes and regulations
20safeguarding the confidentiality of medical records.
21 An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
26 In enforcing this Section, the Department or Board, upon a

SB2053- 168 -LRB100 08715 SMS 18851 b
1showing of a possible violation, may compel an individual
2licensed to practice under this Act, or who has applied for
3licensure under this Act, to submit to a mental or physical
4examination, or both, as required by and at the expense of the
5Department. The Department or Board may order the examining
6physician to present testimony concerning the mental or
7physical examination of the licensee or applicant. No
8information shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician. The
11examining physicians shall be specifically designated by the
12Board or Department. The individual to be examined may have, at
13his or her own expense, another physician of his or her choice
14present during all aspects of this examination. Failure of an
15individual to submit to a mental or physical examination when
16directed shall be grounds for suspension of his or her license
17until the individual submits to the examination, if the
18Department finds that, after notice and hearing, the refusal to
19submit to the examination was without reasonable cause.
20(Source: P.A. 98-553, eff. 1-1-14.)
21 Section 90. The Electrologist Licensing Act is amended by
22changing Section 75 and by adding Section 76 as follows:
23 (225 ILCS 412/75)
24 (Section scheduled to be repealed on January 1, 2024)

SB2053- 169 -LRB100 08715 SMS 18851 b
1 Sec. 75. Grounds for discipline.
2 (a) The Department may refuse to issue or renew and may
3revoke or suspend a license under this Act, and may place on
4probation, reprimand, or take other disciplinary or
5non-disciplinary action with regard to any licensee under this
6Act, as the Department may consider appropriate, including
7imposing fines not to exceed $10,000 for each violation and
8assess costs as provided for under Section 95 of this Act, for
9one or any combination of the following causes:
10 (1) Material misstatement in furnishing information to
11 the Department.
12 (2) Violation of this Act or rules adopted under this
13 Act.
14 (3) For licensees, conviction Conviction by plea of
15 guilty or nolo contendere, finding of guilt, jury verdict,
16 or entry of judgment or sentencing, including, but not
17 limited to, convictions, preceding sentences of
18 supervision, conditional discharge, or first offender
19 probation, under the laws of any jurisdiction of the United
20 States that is (i) a felony or (ii) a misdemeanor, an
21 essential element of which is dishonesty, or that is
22 directly related to the practice of electrology. For
23 applicants, provisions set forth in Section 76 of this Act
24 apply.
25 (4) Fraud or misrepresentation in applying for or
26 procuring a license under this Act, or in connection with

SB2053- 170 -LRB100 08715 SMS 18851 b
1 applying for renewal of a license under this Act.
2 (5) Aiding or assisting another person in violating any
3 provision of this Act or its rules.
4 (6) Failing to provide information within 60 days in
5 response to a written request made by the Department.
6 (7) Engaging in dishonorable, unethical, or
7 unprofessional conduct of a character likely to deceive,
8 defraud, or harm the public.
9 (8) Habitual or excessive use or abuse of drugs defined
10 in law as controlled substances, alcohol, or any other
11 substance that results in an electrologist's inability to
12 practice with reasonable judgment, skill, or safety.
13 (9) Discipline by another governmental agency, unit of
14 government, U.S. jurisdiction, or foreign nation if at
15 least one of the grounds for discipline is the same as or
16 substantially equivalent to any of those set forth in this
17 Act.
18 (10) Directly or indirectly giving to or receiving from
19 any person, firm, corporation, partnership, or association
20 any fee, commission, rebate, or other form of compensation
21 for any professional services not actually or personally
22 rendered. Nothing in this paragraph (10) affects any bona
23 fide independent contractor or employment arrangements
24 among health care professionals, health facilities, health
25 care providers, or other entities, except as otherwise
26 prohibited by law. Any employment arrangements with health

SB2053- 171 -LRB100 08715 SMS 18851 b
1 care providers may include provisions for compensation,
2 health insurance, pension, or other employment benefits
3 for the provision of services within the scope of the
4 licensee's practice under this Act. Nothing in this
5 paragraph (10) shall be construed to require an employment
6 arrangement to receive professional fees for services
7 rendered.
8 (11) 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 (12) Abandonment of a patient.
12 (13) Willfully making or filing false records or
13 reports in the licensee's practice, including, but not
14 limited to, false records filed with State agencies or
15 departments.
16 (14) Mental or physical illness or disability,
17 including, but not limited to, deterioration through the
18 aging process or loss of motor skill that results in the
19 inability to practice the profession with reasonable
20 judgment, skill, or safety.
21 (15) Negligence in his or her practice under this Act.
22 (16) Use of fraud, deception, or any unlawful means in
23 applying for and securing a license as an electrologist.
24 (17) Immoral conduct in the commission of any act, such
25 as sexual abuse, sexual misconduct, or sexual
26 exploitation, related to the licensee's practice.

SB2053- 172 -LRB100 08715 SMS 18851 b
1 (18) Failure to comply with standards of sterilization
2 and sanitation as defined in the rules of the Department.
3 (19) Charging for professional services not rendered,
4 including filing false statements for the collection of
5 fees for which services are not rendered.
6 (20) Allowing one's license under this Act to be used
7 by an unlicensed person in violation of this Act.
8 (b) The Department may refuse to issue or renew or may
9suspend without hearing the license of any person who fails to
10file a return, to pay the tax, penalty or interest shown in a
11filed return, or to pay any final assessment of the tax,
12penalty, or interest as required by any tax Act administered by
13the Illinois Department of Revenue until the requirements of
14the tax Act are satisfied in accordance with subsection (g) of
15Section 2105-15 of the Department of Professional Regulation
16Law of the Civil Administrative Code of Illinois.
17 (c) The determination by a circuit court that a licensee is
18subject to involuntary admission or judicial admission as
19provided in the Mental Health and Developmental Disabilities
20Code operates as an automatic suspension. The suspension will
21end only upon a finding by a court that the patient is no
22longer subject to involuntary admission or judicial admission,
23the issuance of an order so finding and discharging the
24patient, and the filing of a petition for restoration
25demonstrating fitness to practice.
26 (d) In enforcing this Section, the Department, upon a

SB2053- 173 -LRB100 08715 SMS 18851 b
1showing of a possible violation, may compel any individual who
2is licensed to practice under this Act or any individual who
3has applied for licensure to submit to a mental or physical
4examination and evaluation, or both, that may include a
5substance abuse or sexual offender evaluation, at the expense
6of the Department. The Department shall specifically designate
7the examining physician licensed to practice medicine in all of
8its branches or, if applicable, the multidisciplinary team
9involved in providing the mental or physical examination and
10evaluation, or both. The multidisciplinary team shall be led by
11a physician licensed to practice medicine in all of its
12branches and may consist of one or more or a combination of
13physicians licensed to practice medicine in all of its
14branches, licensed chiropractic physicians, licensed clinical
15psychologists, licensed clinical social workers, licensed
16clinical professional counselors, and other professional and
17administrative staff. Any examining physician or member of the
18multidisciplinary team may require any person ordered to submit
19to an examination and evaluation pursuant to this Section to
20submit to any additional supplemental testing deemed necessary
21to complete any examination or evaluation process, including,
22but not limited to, blood testing, urinalysis, psychological
23testing, or neuropsychological testing.
24 The Department may order the examining physician or any
25member of the multidisciplinary team to provide to the
26Department any and all records, including business records,

SB2053- 174 -LRB100 08715 SMS 18851 b
1that relate to the examination and evaluation, including any
2supplemental testing performed. The Department may order the
3examining physician or any member of the multidisciplinary team
4to present testimony concerning this examination and
5evaluation of the licensee, permit holder, or applicant,
6including testimony concerning any supplemental testing or
7documents relating to the examination and evaluation. No
8information, report, record, or other documents in any way
9related to the examination and evaluation shall be excluded by
10reason of any common law or statutory privilege relating to
11communication between the licensee or applicant and the
12examining physician or any member of the multidisciplinary
13team. No authorization is necessary from the licensee or
14applicant ordered to undergo an evaluation and examination for
15the examining physician or any member of the multidisciplinary
16team to provide information, reports, records, or other
17documents or to provide any testimony regarding the examination
18and evaluation. The individual to be examined may have, at his
19or her own expense, another physician of his or her choice
20present during all aspects of the examination.
21 Failure of any individual to submit to mental or physical
22examination and evaluation, or both, when directed, shall
23result in an automatic suspension without hearing, until such
24time as the individual submits to the examination. If the
25Department finds a licensee unable to practice because of the
26reasons set forth in this Section, the Department shall require

SB2053- 175 -LRB100 08715 SMS 18851 b
1the licensee to submit to care, counseling, or treatment by
2physicians approved or designated by the Department as a
3condition for continued, reinstated, or renewed licensure to
4practice.
5 When the Secretary immediately suspends a license under
6this Section, a hearing upon the person's license must be
7convened by the Department within 15 days after the suspension
8and completed without appreciable delay. The Department shall
9have the authority to review the licensee's record of treatment
10and counseling regarding the impairment to the extent permitted
11by applicable federal statutes and regulations safeguarding
12the confidentiality of medical records.
13 Individuals licensed under this Act affected under this
14Section shall be afforded an opportunity to demonstrate to the
15Department that they can resume practice in compliance with
16acceptable and prevailing standards under the provisions of
17their license.
18 (e) The Department shall deny a license or renewal
19authorized by this Act to a person who has defaulted on an
20educational loan or scholarship provided or guaranteed by the
21Illinois Student Assistance Commission or any governmental
22agency of this State in accordance with item (5) of subsection
23(a) of Section 2105-15 of the Department of Professional
24Regulation Law of the Civil Administrative Code of Illinois.
25 (f) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential

SB2053- 176 -LRB100 08715 SMS 18851 b
1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency to
3the Department, the Department may refuse to issue or renew or
4may revoke or suspend that person's license or may take other
5disciplinary action against that person based solely upon the
6certification of delinquency made by the Department of
7Healthcare and Family Services in accordance with item (5) of
8subsection (a) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois.
11 (g) All fines or costs imposed under this Section shall be
12paid within 60 days after the effective date of the order
13imposing the fine or costs or in accordance with the terms set
14forth in the order imposing the fine.
15(Source: P.A. 98-363, eff. 8-16-13.)
16 (225 ILCS 412/76 new)
17 Sec. 76. Applicant convictions.
18 (a) The Department shall not require the applicant to
19report the following information and shall not consider the
20following criminal history records in connection with an
21application for licensure:
22 (1) Juvenile adjudications of delinquent minors as
23 defined in Section 5-105 of the Juvenile Court Act of 1987,
24 subject to the restrictions set forth in Section 5-130 of
25 the Juvenile Court Act of 1987.

SB2053- 177 -LRB100 08715 SMS 18851 b
1 (2) Law enforcement records, court records, and
2 conviction records of an individual who was 17 years old at
3 the time of the offense and before January 1, 2014, unless
4 the nature of the offense required the individual to be
5 tried as an adult.
6 (3) Records of arrest not followed by a conviction
7 unless related to the practice of the profession. However,
8 applicants shall not be asked to report any arrests, and,
9 an arrest not followed by a conviction shall not be the
10 basis of a denial and may be used only to assess an
11 applicant's rehabilitation.
12 (4) Convictions overturned by a higher court.
13 (5) Convictions or arrests that have been sealed or
14 expunged.
15 (b) When reviewing, for the purpose of determining whether
16to grant a license, a conviction of any felony by plea of
17guilty or nolo contendere, finding of guilt, jury verdict, or
18entry of judgment or by sentencing of an applicant, the
19Department shall consider any evidence of rehabilitation and
20mitigating factors contained in the applicant's record,
21including any of the following:
22 (1) the lack of direct relation of the offense for
23 which the applicant was previously convicted to the duties,
24 functions, and responsibilities of the position for which a
25 license is sought;
26 (2) whether 5 years since a felony conviction or 3

SB2053- 178 -LRB100 08715 SMS 18851 b
1 years since release from confinement for the conviction,
2 whichever is later, have passed without a subsequent
3 conviction;
4 (3) if the applicant was previously licensed or
5 employed in this State or other state or jurisdictions,
6 then the lack of prior misconduct arising from or related
7 to the licensed position or position of employment;
8 (4) the age of the person at the time of the criminal
9 offense;
10 (5) successful completion of sentence and, for
11 applicants serving a term of parole or probation, a
12 progress report provided by the applicant's probation or
13 parole officer that documents the applicant's compliance
14 with conditions of supervision;
15 (6) evidence of the applicant's present fitness and
16 professional character;
17 (7) evidence of rehabilitation or rehabilitative
18 effort during or after incarceration, or during or after a
19 term of supervision, including, but not limited to, a
20 certificate of good conduct under Section 5-5.5-25 of the
21 Unified Code of Corrections or a certificate of relief from
22 disabilities under Section 5-5.5-10 of the Unified Code of
23 Corrections; and
24 (8) any other mitigating factors that contribute to the
25 person's potential and current ability to perform the
26 duties and responsibilities of the position for which a

SB2053- 179 -LRB100 08715 SMS 18851 b
1 license or employment is sought.
2 (c) It is the affirmative obligation of the Department to
3demonstrate that a prior conviction would impair the ability of
4the applicant to engage in the licensed practice. If the
5Department refuses to issue a license to an applicant, then the
6Department shall notify the applicant of the denial in writing
7with the following included in the notice of denial:
8 (1) a statement about the decision to refuse to issue a
9 license;
10 (2) a list of the conviction items that formed the sole
11 or partial basis for the refusal to issue a license;
12 (3) a list of the mitigating evidence presented by the
13 applicant;
14 (4) reasons for refusing to issue a license specific to
15 the evidence presented in mitigation of conviction items
16 that formed the partial or sole basis for the Department's
17 decision; and
18 (5) a summary of the appeal process or the earliest the
19 applicant may reapply for a license, whichever is
20 applicable.
21 (d) No later than May 1 of each year, the Department must
22prepare, publicly announce, and publish a report of summary
23statistical information relating to new and renewal license
24applications during the preceding calendar year. Each report
25shall show at minimum:
26 (1) the number of applicants for a new or renewal

SB2053- 180 -LRB100 08715 SMS 18851 b
1 license under this Act within the previous calendar year;
2 (2) the number of applicants for a new or renewal
3 license under this Act within the previous calendar year
4 who had any criminal conviction;
5 (3) the number of applicants for a new or renewal
6 license under this Act in the previous calendar year who
7 were granted a license;
8 (4) the number of applicants for a new or renewal
9 license with a criminal conviction who were granted a
10 license under this Act within the previous calendar year;
11 (5) the number of applicants for a new or renewal
12 license under this Act within the previous calendar year
13 who were denied a license;
14 (6) the number of applicants for a new or renewal
15 license with a criminal conviction who were denied a
16 license under this Act in the previous calendar year in
17 part or in whole because of a prior conviction;
18 (7) the number of probationary licenses without
19 monitoring issued under this Act in the previous calendar
20 year to applicants with criminal conviction; and
21 (8) the number of probationary licenses with
22 monitoring issued under this Act in the previous calendar
23 year to applicants with criminal conviction.
24 Section 95. The Illinois Certified Shorthand Reporters Act
25of 1984 is amended by changing Sections 11 and 23 and by adding

SB2053- 181 -LRB100 08715 SMS 18851 b
1Section 11.1 as follows:
2 (225 ILCS 415/11) (from Ch. 111, par. 6211)
3 (Section scheduled to be repealed on January 1, 2024)
4 Sec. 11. Qualifications; application. A person shall be
5qualified for certification as a certified shorthand reporter
6if:
7 A. That person has applied in writing in form and substance
8to the Department; and
9 (1) (Blank);
10 (2) Is of good moral character, the determination of
11 which, when based on a prior felony conviction, shall be
12 made in accordance with Section 11.1 of this Act shall take
13 into account but not be totally based upon any felony
14 conviction of the applicant; and
15 (3) Has graduated from a high school or secondary
16 school or its equivalent; and
17 B. That person has successfully completed the examination
18authorized by the Department.
19(Source: P.A. 98-445, eff. 12-31-13.)
20 (225 ILCS 415/11.1 new)
21 Sec. 11.1. Applicant convictions.
22 (a) The Department shall not require the applicant to
23report the following information and shall not consider the
24following criminal history records in connection with an

SB2053- 182 -LRB100 08715 SMS 18851 b
1application for a license under this Act:
2 (1) Juvenile adjudications of delinquent minors as
3 defined in Section 5-105 of the Juvenile Court Act of 1987,
4 subject to the restrictions set forth in Section 5-130 of
5 the Juvenile Court Act of 1987.
6 (2) Law enforcement records, court records, and
7 conviction records of an individual who was 17 years old at
8 the time of the offense and before January 1, 2014, unless
9 the nature of the offense required the individual to be
10 tried as an adult.
11 (3) Records of arrest not followed by a conviction
12 unless related to the practice of the profession. However,
13 applicants shall not be asked to report any arrests, and,
14 an arrest not followed by a conviction shall not be the
15 basis of a denial and may be used only to assess an
16 applicant's rehabilitation.
17 (4) Convictions overturned by a higher court.
18 (5) Convictions or arrests that have been sealed or
19 expunged.
20 (b) No applicant for license under this Act shall be denied
21a license based on a finding of a lack of "good moral
22character" when a finding is based on the fact that an
23applicant was previously convicted of a criminal offense or
24offenses. When reviewing, for the purpose of determining moral
25character or whether to grant a license, a conviction of any
26felony or a misdemeanor directly related to the practice of the

SB2053- 183 -LRB100 08715 SMS 18851 b
1profession of an applicant, the Department shall consider any
2evidence of rehabilitation or mitigating factors contained in
3the applicant's record, including any of the following:
4 (1) the lack of direct relation of the offense for
5 which the applicant was previously convicted to the duties,
6 functions, and responsibilities of the position for which a
7 license is sought;
8 (2) whether 5 years since a felony conviction or 3
9 years since release from confinement for the conviction,
10 whichever is later, have passed without a subsequent
11 conviction;
12 (3) if the applicant was previously licensed or
13 employed in this State or other state or jurisdictions,
14 then the lack of prior misconduct arising from or related
15 to the licensed position or position of employment;
16 (4) the age of the person at the time of the criminal
17 offense;
18 (5) successful completion of sentence or for
19 applicants serving a term of parole or probation, a
20 progress report provided by the applicant's probation or
21 parole officer that documents the applicant's compliance
22 with conditions of supervision;
23 (6) evidence of the applicant's present fitness and
24 professional character;
25 (7) evidence of rehabilitation or rehabilitative
26 effort during or after incarceration, or during or after a

SB2053- 184 -LRB100 08715 SMS 18851 b
1 term of supervision, including, but not limited to, a
2 certificate of good conduct under Section 5-5.5-25 of the
3 Unified Code of Corrections or a certificate of relief from
4 disabilities under Section 5-5.5-10 of the Unified Code of
5 Corrections; and
6 (8) any other mitigating factors that contribute to the
7 person's potential and current ability to perform the
8 duties and responsibilities of the position for which a
9 license or employment is sought.
10 (c) It is the affirmative obligation of the Department to
11demonstrate that a prior conviction would impair the ability of
12the applicant to engage in the licensed practice. If the
13Department refuses to issue a license to an applicant, then the
14Department shall notify the applicant of the denial in writing
15with the following included in the notice of denial:
16 (1) a statement about the decision to refuse to issue a
17 license;
18 (2) a list of the conviction items that formed the sole
19 or partial basis for the refusal to issue a license;
20 (3) a list of the mitigating evidence presented by the
21 applicant;
22 (4) reasons for refusing to issue a license specific to
23 the evidence presented in mitigation of conviction items
24 that formed the partial or sole basis for the Department's
25 decision; and
26 (5) a summary of the appeal process or the earliest the

SB2053- 185 -LRB100 08715 SMS 18851 b
1 applicant may reapply for a license, whichever is
2 applicable.
3 (d) No later than May 1 of each year, the Department must
4prepare, publicly announce, and publish a report of summary
5statistical information relating to new and renewal license
6applications during the preceding calendar year. Each report
7shall show at minimum:
8 (1) the number of applicants for a new or renewal
9 license under this Act within the previous calendar year;
10 (2) the number of applicants for a new or renewal
11 license under this Act within the previous calendar year
12 who had any criminal conviction;
13 (3) the number of applicants for a new or renewal
14 license under this Act in the previous calendar year who
15 were granted a license;
16 (4) the number of applicants for a new or renewal
17 license with a criminal conviction who were granted a
18 license under this Act within the previous calendar year;
19 (5) the number of applicants for a new or renewal
20 license under this Act within the previous calendar year
21 who were denied a license;
22 (6) the number of applicants for a new or renewal
23 license with a criminal conviction who were denied a
24 license under this Act in the previous calendar year in
25 part or in whole because of a prior conviction;
26 (7) the number of probationary licenses without

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1 monitoring issued under this Act in the previous calendar
2 year to applicants with criminal conviction; and
3 (8) the number of probationary licenses with
4 monitoring issued under this Act in the previous calendar
5 year to applicants with criminal conviction.
6 (225 ILCS 415/23) (from Ch. 111, par. 6223)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 23. Grounds for disciplinary action.
9 (a) The Department may refuse to issue or renew, or may
10revoke, suspend, place on probation, reprimand or take other
11disciplinary or non-disciplinary action as the Department may
12deem appropriate, including imposing fines not to exceed
13$10,000 for each violation and the assessment of costs as
14provided for in Section 23.3 of this Act, with regard to any
15license for any one or combination of the following:
16 (1) Material misstatement in furnishing information to
17 the Department;
18 (2) Violations of this Act, or of the rules promulgated
19 thereunder;
20 (3) For licensees, conviction Conviction by plea of
21 guilty or nolo contendere, finding of guilt, jury verdict,
22 or entry of judgment or by sentencing of any crime,
23 including, but not limited to, convictions, preceding
24 sentences of supervision, conditional discharge, or first
25 offender probation under the laws of any jurisdiction of

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1 the United States: (i) that is a felony or (ii) that is a
2 misdemeanor, an essential element of which is dishonesty,
3 or that is directly related to the practice of the
4 profession; for applicants, provisions set forth in
5 Section 11.1 apply;
6 (4) Fraud or any misrepresentation in applying for or
7 procuring a license under this Act or in connection with
8 applying for renewal of a license under this Act;
9 (5) Professional incompetence;
10 (6) Aiding or assisting another person, firm,
11 partnership or corporation in violating any provision of
12 this Act or rules;
13 (7) Failing, within 60 days, to provide information in
14 response to a written request made by the Department;
15 (8) Engaging in dishonorable, unethical or
16 unprofessional conduct of a character likely to deceive,
17 defraud or harm the public;
18 (9) Habitual or excessive use or abuse of drugs defined
19 in law as controlled substances, alcohol, or any other
20 substances that results in the inability to practice with
21 reasonable judgment, skill, or safety;
22 (10) Discipline by another state, unit of government,
23 government agency, the District of Columbia, a territory,
24 or foreign nation, if at least one of the grounds for the
25 discipline is the same or substantially equivalent to those
26 set forth herein;

SB2053- 188 -LRB100 08715 SMS 18851 b
1 (11) Charging for professional services not rendered,
2 including filing false statements for the collection of
3 fees for which services were not rendered, or giving,
4 directly or indirectly, any gift or anything of value to
5 attorneys or their staff or any other persons or entities
6 associated with any litigation, that exceeds $100 total per
7 year; for the purposes of this Section, pro bono services,
8 as defined by State law, are permissible in any amount;
9 (12) A finding by the Board that the certificate
10 holder, after having his certificate placed on
11 probationary status, has violated the terms of probation;
12 (13) Willfully making or filing false records or
13 reports in the practice of shorthand reporting, including
14 but not limited to false records filed with State agencies
15 or departments;
16 (14) Physical illness, including but not limited to,
17 deterioration through the aging process, or loss of motor
18 skill which results in the inability to practice under this
19 Act with reasonable judgment, skill or safety;
20 (15) Solicitation of professional services other than
21 by permitted advertising;
22 (16) Willful failure to take full and accurate
23 stenographic notes of any proceeding;
24 (17) Willful alteration of any stenographic notes
25 taken at any proceeding;
26 (18) Willful failure to accurately transcribe verbatim

SB2053- 189 -LRB100 08715 SMS 18851 b
1 any stenographic notes taken at any proceeding;
2 (19) Willful alteration of a transcript of
3 stenographic notes taken at any proceeding;
4 (20) Affixing one's signature to any transcript of his
5 stenographic notes or certifying to its correctness unless
6 the transcript has been prepared by him or under his
7 immediate supervision;
8 (21) Willful failure to systematically retain
9 stenographic notes or transcripts on paper or any
10 electronic media for 10 years from the date that the notes
11 or transcripts were taken;
12 (22) Failure to deliver transcripts in a timely manner
13 or in accordance with contractual agreements;
14 (23) Establishing contingent fees as a basis of
15 compensation;
16 (24) Mental illness or disability that results in the
17 inability to practice under this Act with reasonable
18 judgment, skill, or safety;
19 (25) Practicing under a false or assumed name, except
20 as provided by law;
21 (26) Cheating on or attempting to subvert the licensing
22 examination administered under this Act;
23 (27) Allowing one's license under this Act to be used
24 by an unlicensed person in violation of this Act.
25 All fines imposed under this Section shall be paid within
2660 days after the effective date of the order imposing the fine

SB2053- 190 -LRB100 08715 SMS 18851 b
1or in accordance with the terms set forth in the order imposing
2the fine.
3 (b) The determination by a circuit court that a certificate
4holder is subject to involuntary admission or judicial
5admission as provided in the Mental Health and Developmental
6Disabilities Code, operates as an automatic suspension. Such
7suspension will end only upon a finding by a court that the
8patient is no longer subject to involuntary admission or
9judicial admission, an order by the court so finding and
10discharging the patient. In any case where a license is
11suspended under this Section, the licensee may file a petition
12for restoration and shall include evidence acceptable to the
13Department that the licensee can resume practice in compliance
14with acceptable and prevailing standards of the profession.
15 (c) In cases where the Department of Healthcare and Family
16Services has previously determined a licensee or a potential
17licensee is more than 30 days delinquent in the payment of
18child support and has subsequently certified the delinquency to
19the Department, the Department may refuse to issue or renew or
20may revoke or suspend that person's license or may take other
21disciplinary action against that person based solely upon the
22certification of delinquency made by the Department of
23Healthcare and Family Services in accordance with item (5) of
24subsection (a) of Section 2105-15 of the Civil Administrative
25Code of Illinois.
26 (d) In enforcing this Section, the Department, upon a

SB2053- 191 -LRB100 08715 SMS 18851 b
1showing of a possible violation, may compel any individual who
2is certified under this Act or any individual who has applied
3for certification under this Act to submit to a mental or
4physical examination and evaluation, or both, which may include
5a substance abuse or sexual offender evaluation, at the expense
6of the Department. The Department shall specifically designate
7the examining physician licensed to practice medicine in all of
8its branches or, if applicable, the multidisciplinary team
9involved in providing the mental or physical examination and
10evaluation, or both. The multidisciplinary team shall be led by
11a physician licensed to practice medicine in all of its
12branches and may consist of one or more or a combination of
13physicians licensed to practice medicine in all of its
14branches, licensed chiropractic physicians, licensed clinical
15psychologists, licensed clinical social workers, licensed
16clinical professional counselors, and other professional and
17administrative staff. Any examining physician or member of the
18multidisciplinary team may require any person ordered to submit
19to an examination and evaluation pursuant to this Section to
20submit to any additional supplemental testing deemed necessary
21to complete any examination or evaluation process, including,
22but not limited to, blood testing, urinalysis, psychological
23testing, or neuropsychological testing.
24 The Department may order the examining physician or any
25member of the multidisciplinary team to provide to the
26Department any and all records, including business records,

SB2053- 192 -LRB100 08715 SMS 18851 b
1that relate to the examination and evaluation, including any
2supplemental testing performed. The Department may order the
3examining physician or any member of the multidisciplinary team
4to present testimony concerning this examination and
5evaluation of the certified shorthand reporter or applicant,
6including testimony concerning any supplemental testing or
7documents relating to the examination and evaluation. No
8information, report, record, or other documents in any way
9related to the examination and evaluation shall be excluded by
10reason of any common law or statutory privilege relating to
11communication between the licensee or applicant and the
12examining physician or any member of the multidisciplinary
13team. No authorization is necessary from the certified
14shorthand reporter or applicant ordered to undergo an
15evaluation and examination for the examining physician or any
16member of the multidisciplinary team to provide information,
17reports, records, or other documents or to provide any
18testimony regarding the examination and evaluation. The
19individual to be examined may have, at his or her own expense,
20another physician of his or her choice present during all
21aspects of the examination.
22 Failure of any individual to submit to mental or physical
23examination and evaluation, or both, when directed, shall
24result in an automatic suspension, without hearing, until such
25time as the individual submits to the examination. If the
26Department finds a certified shorthand reporter unable to

SB2053- 193 -LRB100 08715 SMS 18851 b
1practice because of the reasons set forth in this Section, the
2Department shall require the certified shorthand reporter to
3submit to care, counseling, or treatment by physicians approved
4or designated by the Department, as a condition for continued,
5reinstated, or renewed certification.
6 When the Secretary immediately suspends a certificate
7under this Section, a hearing upon the person's certificate
8must be convened by the Department within 15 days after the
9suspension and completed without appreciable delay. The
10Department shall have the authority to review the certified
11shorthand reporter's record of treatment and counseling
12regarding the impairment, to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15 Individuals certified under this Act, affected under this
16Section, shall be afforded an opportunity to demonstrate to the
17Department that they can resume practice in compliance with
18acceptable and prevailing standards under the provisions of
19their certification.
20 (e) The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with item (5) of subsection
25(a) of Section 2105-15 of the Civil Administrative Code of
26Illinois.

SB2053- 194 -LRB100 08715 SMS 18851 b
1 (f) The Department may refuse to issue or may suspend
2without hearing, as provided for in the Code of Civil
3Procedure, the license of any person who fails to file a
4return, to pay the tax, penalty, or interest shown in a filed
5return, or to pay any final assessment of tax, penalty, or
6interest as required by any tax Act administered by the
7Illinois Department of Revenue, until such time as the
8requirements of any such tax Act are satisfied in accordance
9with subsection (g) of Section 2105-15 of the Civil
10Administrative Code of Illinois.
11(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
12 Section 100. The Collateral Recovery Act is amended by
13changing Sections 40, 45, 80, and 85 as follows:
14 (225 ILCS 422/40)
15 (Section scheduled to be repealed on January 1, 2022)
16 Sec. 40. Qualifications for recovery manager;
17identification card.
18 (a) An applicant is qualified for licensure as a recovery
19manager if that person meets all of the following requirements:
20 (1) Is 21 years of age or older.
21 (2) If convicted of any felony, has been sufficiently
22 rehabilitated following the conviction Has not been
23 convicted in any jurisdiction of any felony or at least 10
24 years has passed from the time of discharge from any

SB2053- 195 -LRB100 08715 SMS 18851 b
1 sentence imposed for a felony.
2 (3) Has completed no less than 2,500 hours of actual
3 compensated collateral recovery work as an employee of a
4 repossession agency, a financial institution, or a vehicle
5 dealer within the 5 years immediately preceding the filing
6 of an application, acceptable proof of which must be
7 submitted to the Commission.
8 (4) Has submitted to the Commission 2 sets of
9 fingerprints, which shall be checked against the
10 fingerprint records on file with the Illinois State Police
11 and the Federal Bureau of Investigation in the manner set
12 forth in Section 60 of this Act.
13 (5) Has successfully completed a certification program
14 approved by the Commission.
15 (6) Has paid the required application fees.
16 (b) Upon the issuance of a recovery manager license, the
17Commission shall issue the license holder a suitable pocket
18identification card that shall include a photograph of the
19license holder. The identification card must contain the name
20of the license holder and any other information required by the
21Commission. An applicant who is 21 years of age or older
22seeking a religious exemption to the photograph requirement of
23this subsection shall furnish with his or her application an
24approved copy of United States Department of the Treasury
25Internal Revenue Service Form 4029.
26 (c) A recovery manager license is not transferable.

SB2053- 196 -LRB100 08715 SMS 18851 b
1(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
2 (225 ILCS 422/45)
3 (Section scheduled to be repealed on January 1, 2022)
4 Sec. 45. Repossession agency employee requirements.
5 (a) All employees of a licensed repossession agency whose
6duties include the actual repossession of collateral must apply
7for a recovery permit. The holder of a repossession agency
8license issued under this Act, known in this Section as the
9"employer", may employ in the conduct of the business under the
10following provisions:
11 (1) No person may be issued a recovery permit who meets
12 any of the following criteria:
13 (A) Is younger than 21 years of age.
14 (B) Has been determined by the Commission to be
15 unfit by reason of a lack of rehabilitation following a
16 conviction of an offense in this or another state,
17 other than a minor traffic offense. The Commission
18 shall adopt rules for making those determinations.
19 (C) Has had a license or recovery permit denied,
20 suspended, or revoked under this Act.
21 (D) Has not successfully completed a certification
22 program approved by the Commission.
23 (2) No person may be employed by a repossession agency
24 under this Section until he or she has executed and
25 furnished to the Commission, on forms furnished by the

SB2053- 197 -LRB100 08715 SMS 18851 b
1 Commission, a verified statement to be known as an
2 "Employee's Statement" setting forth all of the following:
3 (A) The person's full name, age, and residence
4 address.
5 (B) The business or occupation engaged in for the 5
6 years immediately before the date of the execution of
7 the statement, the place where the business or
8 occupation was engaged in, and the names of the
9 employers, if any.
10 (C) That the person has not had a license or
11 recovery permit denied, revoked, or suspended under
12 this Act.
13 (D) Any conviction of a felony, except as provided
14 for in Section 85.
15 (E) Any other information as may be required by any
16 rule of the Commission to show the good character,
17 competency, and integrity of the person executing the
18 statement.
19 (b) Each applicant for a recovery permit shall have his or
20her fingerprints submitted to the Commission by a Live Scan
21fingerprint vendor certified by the Illinois State Police under
22the Private Detective, Private Alarm, Private Security,
23Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
24format that complies with the form and manner for requesting
25and furnishing criminal history record information as
26prescribed by the Illinois State Police. These fingerprints

SB2053- 198 -LRB100 08715 SMS 18851 b
1shall be checked against the Illinois State Police and Federal
2Bureau of Investigation criminal history record databases now
3and hereafter filed. The Commission shall charge applicants a
4fee for conducting the criminal history records check, which
5shall not exceed the actual cost of the records check. The
6Illinois Commerce Commission Police shall furnish, pursuant to
7positive identification, records of Illinois convictions to
8the Commission. The Commission, in its discretion, may allow an
9applicant who does not have reasonable access to a designated
10vendor to provide his or her fingerprints in an alternative
11manner. The Commission, in its discretion, may also use other
12procedures in performing or obtaining criminal history records
13checks of applicants. Instead of submitting his or her
14fingerprints, an individual may submit proof that is
15satisfactory to the Commission that an equivalent security
16clearance has been conducted.
17 (c) Qualified applicants shall purchase a recovery permit
18from the Commission and in a form that the Commission
19prescribes. The Commission shall notify the submitting person
20within 10 days after receipt of the application of its intent
21to issue or deny the recovery permit. The holder of a recovery
22permit shall carry the recovery permit at all times while
23actually engaged in the performance of the duties of his or her
24employment. No recovery permit shall be effective unless
25accompanied by a license issued by the Commission. Expiration
26and requirements for renewal of recovery permits shall be

SB2053- 199 -LRB100 08715 SMS 18851 b
1established by rule of the Commission. Possession of a recovery
2permit does not in any way imply that the holder of the
3recovery permit is employed by any agency unless the recovery
4permit is accompanied by the employee identification card
5required by subsection (e) of this Section.
6 (d) Each employer shall maintain a record of each employee
7that is accessible to the duly authorized representatives of
8the Commission. The record shall contain all of the following
9information:
10 (1) A photograph taken within 10 days after the date
11 that the employee begins employment with the employer. The
12 photograph shall be replaced with a current photograph
13 every 3 calendar years.
14 (2) The Employee's Statement specified in paragraph
15 (2) of subsection (a) of this Section.
16 (3) All correspondence or documents relating to the
17 character and integrity of the employee received by the
18 employer from any official source or law enforcement
19 agency.
20 (4) In the case of former employees, the employee
21 identification card of that person issued under subsection
22 (e) of this Section.
23 (e) Every employer shall furnish an employee
24identification card to each of his or her employees. This
25subsection (e) shall not apply to office or clerical personnel.
26This employee identification card shall contain a recent

SB2053- 200 -LRB100 08715 SMS 18851 b
1photograph of the employee, the employee's name, the name and
2agency license number of the employer, the employee's personal
3description, the signature of the employer, the signature of
4that employee, the date of issuance, and an employee
5identification card number.
6 (f) No employer may issue an employee identification card
7to any person who is not employed by the employer in accordance
8with this Section or falsely state or represent that a person
9is or has been in his or her employ. It is unlawful for an
10applicant for registration to file with the Commission the
11fingerprints of a person other than himself or herself or to
12fail to exercise due diligence in resubmitting replacement
13fingerprints for those employees who have had original
14fingerprint submissions returned as unclassifiable. An agency
15shall inform the Commission within 15 days after contracting or
16employing a licensed repossession agency employee. The
17Commission shall develop a registration process by rule.
18 (g) Every employer shall obtain the identification card of
19every employee who terminates employment with the employer. An
20employer shall immediately report an identification card that
21is lost or stolen to the local police department having
22jurisdiction over the repossession agency location.
23 (h) No agency may employ any person to perform any activity
24under this Act unless the person possesses a valid license or
25recovery permit under this Act.
26 (i) If information is discovered affecting the

SB2053- 201 -LRB100 08715 SMS 18851 b
1registration of a person whose fingerprints were submitted
2under this Section, then the Commission shall so notify the
3agency that submitted the fingerprints on behalf of that
4person.
5 (j) A person employed under this Section shall have 15
6business days within which to notify the Commission of any
7change in employer, but may continue working under any other
8recovery permits granted as an employee or independent
9contractor.
10 (k) This Section applies only to those employees of
11licensed repossession agencies whose duties include actual
12repossession of collateral.
13 (l) An applicant who is 21 years of age or older seeking a
14religious exemption to the photograph requirement of this
15Section shall furnish with his or her application an approved
16copy of United States Department of the Treasury Internal
17Revenue Service Form 4029. Regardless of age, an applicant
18seeking a religious exemption to this photograph requirement
19shall submit fingerprints in a form and manner prescribed by
20the Commission with his or her application in lieu of a
21photograph.
22(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15.)
23 (225 ILCS 422/80)
24 (Section scheduled to be repealed on January 1, 2022)
25 Sec. 80. Refusal, revocation, or suspension.

SB2053- 202 -LRB100 08715 SMS 18851 b
1 (a) The Commission may refuse to issue or renew or may
2revoke any license or recovery permit or may suspend, place on
3probation, fine, or take any disciplinary action that the
4Commission may deem proper, including fines not to exceed
5$2,500 for each violation, with regard to any license holder or
6recovery permit holder for one or any combination of the
7following causes:
8 (1) Knowingly making any misrepresentation for the
9 purpose of obtaining a license or recovery permit.
10 (2) Violations of this Act or its rules.
11 (3) For licensees or permit holders, conviction
12 Conviction of any crime under the laws of the United States
13 or any state or territory thereof that is (i) a felony,
14 (ii) a misdemeanor, an essential element of which is
15 dishonesty, or (iii) a crime that is related to the
16 practice of the profession. For license or permit
17 applicants, provisions set forth in Section 85 of this Act
18 apply.
19 (4) Aiding or abetting another in violating any
20 provision of this Act or its rules.
21 (5) Engaging in dishonorable, unethical, or
22 unprofessional conduct of a character likely to deceive,
23 defraud, or harm the public as defined by rule.
24 (6) Violation of any court order from any State or
25 public agency engaged in the enforcement of payment of
26 child support arrearages or for noncompliance with certain

SB2053- 203 -LRB100 08715 SMS 18851 b
1 processes relating to paternity or support proceeding.
2 (7) Solicitation of professional services by using
3 false or misleading advertising.
4 (8) A finding that the license or recovery permit was
5 obtained by fraudulent means.
6 (9) Practicing or attempting to practice under a name
7 other than the full name shown on the license or recovery
8 permit or any other legally authorized name.
9 (b) The Commission may refuse to issue or may suspend the
10license or recovery permit of any person or entity who fails to
11file a return, pay the tax, penalty, or interest shown in a
12filed return, or pay any final assessment of tax, penalty, or
13interest, as required by any tax Act administered by the
14Department of Revenue, until the time the requirements of the
15tax Act are satisfied. The Commission may take into
16consideration any pending tax disputes properly filed with the
17Department of Revenue.
18(Source: P.A. 97-576, eff. 7-1-12.)
19 (225 ILCS 422/85)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 85. Consideration of past crimes.
22 (a) The Commission shall not require the applicant to
23report the following information and shall not consider the
24following criminal history records in connection with an
25application for a license or permit under this Act:

SB2053- 204 -LRB100 08715 SMS 18851 b
1 (1) Juvenile adjudications of delinquent minors as
2 defined in Section 5-105 of the Juvenile Court Act of 1987,
3 subject to the restrictions set forth in Section 5-130 of
4 the Juvenile Court Act of 1987.
5 (2) Law enforcement records, court records, and
6 conviction records of an individual who was 17 years old at
7 the time of the offense and before January 1, 2014, unless
8 the nature of the offense required the individual to be
9 tried as an adult.
10 (3) Records of arrest not followed by a conviction.
11 (4) Convictions overturned by a higher court.
12 (5) Convictions or arrests that have been sealed or
13 expunged.
14 (b) When (a) Notwithstanding the prohibitions set forth in
15Sections 40 and 45 of this Act, when considering the denial of
16a license or recovery permit on the grounds of conviction of a
17crime, the Commission, in evaluating the rehabilitation of the
18applicant and the applicant's present eligibility for a license
19or recovery permit, shall consider each of the following
20criteria:
21 (1) The lack of direct relation of the offense for
22 which the applicant was previously convicted to the duties,
23 functions, and responsibilities of the position for which a
24 license is sought. The nature and severity of the act or
25 crime under consideration as grounds for denial.
26 (2) Circumstances relative to the offense, including

SB2053- 205 -LRB100 08715 SMS 18851 b
1 the applicant's age at the time that the offense was
2 committed.
3 (3) (2) Evidence of any act committed subsequent to the
4 act or crime under consideration as grounds for denial,
5 which also could be considered as grounds for disciplinary
6 action under this Act.
7 (4) (3) The amount of time that has lapsed since the
8 commission of the act or crime referred to in item (1) or
9 (2) of this subsection (a).
10 (5) successful completion of sentence or for
11 applicants serving a term of parole or probation, a
12 progress report provided by the applicant's probation or
13 parole officer that documents the applicant's compliance
14 with conditions of supervision. (4) The extent to which the
15 applicant has complied with any terms of parole, probation,
16 restitution, or any other sanctions lawfully imposed
17 against the applicant.
18 (6) if the applicant was previously licensed or
19 employed in this State or other state or jurisdictions,
20 then the lack of prior misconduct arising from or related
21 to the licensed position or position of employment. (5)
22 Evidence, if any, of rehabilitation submitted by the
23 applicant.
24 (7) evidence of rehabilitation or rehabilitative
25 effort during or after incarceration, or during or after a
26 term of supervision, including, but not limited to, a

SB2053- 206 -LRB100 08715 SMS 18851 b
1 certificate of good conduct under Section 5-5.5-25 of the
2 Unified Code of Corrections or a certificate of relief from
3 disabilities under Section 5-5.5-10 of the Unified Code of
4 Corrections.
5 (8) any other mitigating factors that contribute to the
6 person's potential and current ability to perform the
7 duties and responsibilities of practices licensed or
8 registered under this Act.
9 (c) (b) When considering the suspension or revocation of a
10license or recovery permit on the grounds of conviction of a
11crime, the Commission, in evaluating the rehabilitation of the
12applicant and the applicant's present eligibility for a license
13or recovery permit, shall consider each of the following
14criteria:
15 (1) The nature and severity of the act or offense.
16 (2) The license holder's or recovery permit holder's
17 criminal record in its entirety.
18 (3) The amount of time that has lapsed since the
19 commission of the act or offense.
20 (4) Whether the license holder or recovery permit
21 holder has complied with any terms of parole, probation,
22 restitution, or any other sanctions lawfully imposed
23 against him or her.
24 (5) If applicable, evidence of expungement
25 proceedings.
26 (6) Evidence, if any, of rehabilitation submitted by

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1 the license holder or recovery permit holder.
2 (d) It is the affirmative obligation of the Commission to
3demonstrate that a prior conviction would impair the ability of
4the applicant to engage in the licensed or registered practice.
5If the Commission refuses to grant a license or permit to an
6applicant, then the Commission shall notify the applicant of
7the denial in writing with the following included in the notice
8of denial:
9 (1) a statement about the decision to refuse to grant a
10 license or permit;
11 (2) a list of the conviction items that formed the sole
12 or partial basis for the refusal to grant a license or
13 permit;
14 (3) a list of the mitigating evidence presented by the
15 applicant;
16 (4) reasons for refusing to grant a license or permit
17 specific to the evidence presented in mitigation of
18 conviction items that formed the partial or sole basis for
19 the Commission's decision; and
20 (5) a summary of the appeal process or the earliest the
21 applicant may reapply for a license or permit, whichever is
22 applicable.
23 (e) No later than May 1 of each year, the Commission must
24prepare, publicly announce, and publish a report of summary
25statistical information relating to new and renewal license or
26permit applications during the preceding calendar year. Each

SB2053- 208 -LRB100 08715 SMS 18851 b
1report shall show at minimum:
2 (1) the number of applicants for new or renewal license
3 or permit under this Act within the previous calendar year;
4 (2) the number of applicants for new or renewal license
5 or permit under this Act within the previous calendar year
6 who had any criminal conviction;
7 (3) the number of applicants for new or renewal license
8 or permit under this Act in the previous calendar year who
9 were granted a license or permit;
10 (4) the number of applicants for new or renewal license
11 or permit with a criminal conviction who were granted a
12 license or permit under this Act within the previous
13 calendar year;
14 (5) the number of applicants for a new or renewal
15 license or permit under this Act within the previous
16 calendar year who were denied a license or permit;
17 (6) the number of applicants for a new or renewal
18 license or permit with a criminal conviction who were
19 denied a license or permit under this Act in the previous
20 calendar year in whole or in part because of a prior
21 conviction;
22 (7) the number of probationary licenses without
23 monitoring issued under this Act in the previous calendar
24 year to applicants with criminal conviction; and
25 (8) the number of probationary licenses with
26 monitoring issued under this Act in the previous calendar

SB2053- 209 -LRB100 08715 SMS 18851 b
1 year to applicants with criminal conviction.
2(Source: P.A. 97-576, eff. 7-1-12.)
3 Section 105. The Community Association Manager Licensing
4and Disciplinary Act is amended by changing Section 85 and by
5adding Section 43 as follows:
6 (225 ILCS 427/43 new)
7 Sec. 43. Applicant convictions.
8 (a) The Department shall not require the applicant to
9report the following information and shall not consider the
10following criminal history records in connection with an
11application for a license under this Act:
12 (1) Juvenile adjudications of delinquent minors as
13 defined in Section 5-105 of the Juvenile Court Act of 1987,
14 subject to the restrictions set forth in Section 5-130 of
15 the Juvenile Court Act of 1987.
16 (2) Law enforcement records, court records, and
17 conviction records of an individual who was 17 years old at
18 the time of the offense and before January 1, 2014, unless
19 the nature of the offense required the individual to be
20 tried as an adult.
21 (3) Records of arrest not followed by a conviction
22 unless related to the practice of the profession. However,
23 applicants shall not be asked to report any arrests, and,
24 an arrest not followed by a conviction shall not be the

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1 basis of a denial and may be used only to assess an
2 applicant's rehabilitation.
3 (4) Convictions overturned by a higher court.
4 (5) Convictions or arrests that have been sealed or
5 expunged.
6 (b) When determining whether to grant a license to an
7applicant with a prior conviction of a felony or of a
8misdemeanor directly related to the practice of the profession,
9the Department shall consider any evidence of rehabilitation
10and mitigating factors contained in the applicant's record,
11including any of the following:
12 (1) the lack of direct relation of the offense for
13 which the applicant was previously convicted to the duties,
14 functions, and responsibilities of the position for which a
15 license is sought;
16 (2) whether 5 years since a felony conviction or 3
17 years since release from confinement for the conviction,
18 whichever is later, have passed without a subsequent
19 conviction;
20 (3) if the applicant was previously licensed or
21 employed in this State or other state or jurisdictions,
22 then the lack of prior misconduct arising from or related
23 to the licensed position or position of employment;
24 (4) the age of the person at the time of the criminal
25 offense;
26 (5) successful completion of sentence and, for

SB2053- 211 -LRB100 08715 SMS 18851 b
1 applicants serving a term of parole or probation, a
2 progress report provided by the applicant's probation or
3 parole officer that documents the applicant's compliance
4 with conditions of supervision;
5 (6) evidence of the applicant's present fitness and
6 professional character;
7 (7) evidence of rehabilitation or rehabilitative
8 effort during or after incarceration, or during or after a
9 term of supervision, including, but not limited to, a
10 certificate of good conduct under Section 5-5.5-25 of the
11 Unified Code of Corrections or a certificate of relief from
12 disabilities under Section 5-5.5-10 of the Unified Code of
13 Corrections; and
14 (8) any other mitigating factors that contribute to the
15 person's potential and current ability to perform the
16 duties and responsibilities of the position for which a
17 license or employment is sought.
18 (c) It is the affirmative obligation of the Department to
19demonstrate that a prior conviction would impair the ability of
20the applicant to engage in the practice requiring a license. If
21the Department refuses to grant a license to an applicant, then
22the Department shall notify the applicant of the denial in
23writing with the following included in the notice of denial:
24 (1) a statement about the decision to refuse to issue a
25 license;
26 (2) a list of the convictions that formed the sole or

SB2053- 212 -LRB100 08715 SMS 18851 b
1 partial basis for the refusal to issue a license;
2 (3) a list of the mitigating evidence presented by the
3 applicant;
4 (4) reasons for refusing to issue a license specific to
5 the evidence presented in mitigation of conviction items
6 that formed the partial or sole basis for the Department's
7 decision; and
8 (5) a summary of the appeal process or the earliest the
9 applicant may reapply for a license, whichever is
10 applicable.
11 (d) No later than May 1 of each year, the Department must
12prepare, publicly announce, and publish a report of summary
13statistical information relating to new and renewal license
14applications during the preceding calendar year. Each report
15shall show at minimum:
16 (1) the number of applicants for a new or renewal
17 license under this Act within the previous calendar year;
18 (2) the number of applicants for a new or renewal
19 license under this Act within the previous calendar year
20 who had any criminal conviction;
21 (3) the number of applicants for a new or renewal
22 license under this Act in the previous calendar year who
23 were granted a license;
24 (4) the number of applicants for a new or renewal
25 license with a criminal conviction who were granted a
26 license under this Act within the previous calendar year;

SB2053- 213 -LRB100 08715 SMS 18851 b
1 (5) the number of applicants for a new or renewal
2 license under this Act within the previous calendar year
3 who were denied a license;
4 (6) the number of applicants for a new or renewal
5 license with a criminal conviction who were denied a
6 license under this Act in the previous calendar year in
7 part or in whole because of a prior conviction;
8 (7) the number of probationary license without
9 monitoring issued under this Act in the previous calendar
10 year to applicants with criminal conviction; and
11 (8) the number of probationary licenses with
12 monitoring issued under this Act in the previous calendar
13 year to applicants with criminal conviction.
14 (225 ILCS 427/85)
15 (Section scheduled to be repealed on January 1, 2020)
16 Sec. 85. Grounds for discipline; refusal, revocation, or
17suspension.
18 (a) The Department may refuse to issue or renew a license,
19or may place on probation, reprimand, suspend, or revoke any
20license, or take any other disciplinary or non-disciplinary
21action as the Department may deem proper and impose a fine not
22to exceed $10,000 for each violation upon any licensee or
23applicant under this Act or any person or entity who holds
24himself, herself, or itself out as an applicant or licensee for
25any one or combination of the following causes:

SB2053- 214 -LRB100 08715 SMS 18851 b
1 (1) Material misstatement in furnishing information to
2 the Department.
3 (2) Violations of this Act or its rules.
4 (3) For licensees, conviction Conviction of or entry of
5 a plea of guilty or plea of nolo contendere to a felony or
6 a misdemeanor under the laws of the United States, any
7 state, or any other jurisdiction or entry of an
8 administrative sanction by a government agency in this
9 State or any other jurisdiction. Action taken under this
10 paragraph (3) for a misdemeanor or an administrative
11 sanction is limited to a misdemeanor or administrative
12 sanction that has as an essential element dishonesty or
13 fraud, that involves larceny, embezzlement, or obtaining
14 money, property, or credit by false pretenses or by means
15 of a confidence game, or that is directly related to the
16 practice of the profession and, for applicants, provisions
17 set forth in Section 43 apply..
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) Professional incompetence.
22 (6) Gross negligence.
23 (7) Aiding or assisting another person in violating any
24 provision of this Act or its rules.
25 (8) Failing, within 30 days, to provide information in
26 response to a request made by the Department.

SB2053- 215 -LRB100 08715 SMS 18851 b
1 (9) Engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud or harm the public as defined by the rules of the
4 Department, or violating the rules of professional conduct
5 adopted by the Department.
6 (10) Habitual or excessive use or addiction to alcohol,
7 narcotics, stimulants, or any other chemical agent or drug
8 that results in the inability to practice with reasonable
9 judgment, skill, or safety.
10 (11) Having been disciplined by another state, the
11 District of Columbia, a territory, a foreign nation, or a
12 governmental agency authorized to impose discipline if at
13 least one of the grounds for the discipline is the same or
14 substantially equivalent of one of the grounds for which a
15 licensee may be disciplined under this Act. A certified
16 copy of the record of the action by the other state or
17 jurisdiction shall be prima facie evidence thereof.
18 (12) Directly or indirectly giving to or receiving from
19 any person, firm, corporation, partnership or association
20 any fee, commission, rebate, or other form of compensation
21 for any professional services not actually or personally
22 rendered.
23 (13) A finding by the Department that the licensee,
24 after having his, her, or its license placed on
25 probationary status, has violated the terms of probation.
26 (14) Willfully making or filing false records or

SB2053- 216 -LRB100 08715 SMS 18851 b
1 reports relating to a licensee's practice, including but
2 not limited to false records filed with any State or
3 federal agencies or departments.
4 (15) Being named as a perpetrator in an indicated
5 report by the Department of Children and Family Services
6 under the Abused and Neglected Child Reporting Act and upon
7 proof by clear and convincing evidence that the licensee
8 has caused a child to be an abused child or neglected child
9 as defined in the Abused and Neglected Child Reporting Act.
10 (16) Physical illness or mental illness or impairment,
11 including, but not limited to, deterioration through the
12 aging process or loss of motor skill that results in the
13 inability to practice the profession with reasonable
14 judgment, skill, or safety.
15 (17) Solicitation of professional services by using
16 false or misleading advertising.
17 (18) A finding that licensure has been applied for or
18 obtained by fraudulent means.
19 (19) Practicing or attempting to practice under a name
20 other than the full name as shown on the license or any
21 other legally authorized name.
22 (20) Gross overcharging for professional services
23 including, but not limited to, (i) collection of fees or
24 moneys for services that are not rendered; and (ii)
25 charging for services that are not in accordance with the
26 contract between the licensee and the community

SB2053- 217 -LRB100 08715 SMS 18851 b
1 association.
2 (21) Improper commingling of personal and client funds
3 in violation of this Act or any rules promulgated thereto.
4 (22) Failing to account for or remit any moneys or
5 documents coming into the licensee's possession that
6 belong to another person or entity.
7 (23) Giving differential treatment to a person that is
8 to that person's detriment because of race, color, creed,
9 sex, religion, or national origin.
10 (24) Performing and charging for services without
11 reasonable authorization to do so from the person or entity
12 for whom service is being provided.
13 (25) Failing to make available to the Department, upon
14 request, any books, records, or forms required by this Act.
15 (26) Purporting to be a supervising community
16 association manager of a firm without active participation
17 in the firm.
18 (27) Failing to make available to the Department at the
19 time of the request any indicia of licensure or
20 registration issued under this Act.
21 (28) Failing to maintain and deposit funds belonging to
22 a community association in accordance with subsection (b)
23 of Section 55 of this Act.
24 (29) Violating the terms of a disciplinary order issued
25 by the Department.
26 (b) In accordance with subdivision (a)(5) of Section

SB2053- 218 -LRB100 08715 SMS 18851 b
12105-15 of the Department of Professional Regulation Law of the
2Civil Administrative Code of Illinois (20 ILCS 2105/2105-15),
3the Department shall deny a license or renewal authorized by
4this Act to a person who has defaulted on an educational loan
5or scholarship provided or guaranteed by the Illinois Student
6Assistance Commission or any governmental agency of this State.
7 (c) The determination by a circuit court that a licensee is
8subject to involuntary admission or judicial admission, as
9provided in the Mental Health and Developmental Disabilities
10Code, operates as an automatic suspension. The suspension will
11terminate only upon a finding by a court that the patient is no
12longer subject to involuntary admission or judicial admission
13and the issuance of an order so finding and discharging the
14patient, and upon the recommendation of the Board to the
15Secretary that the licensee be allowed to resume his or her
16practice as a licensed community association manager.
17 (d) In accordance with subsection (g) of Section 2105-15 of
18the Department of Professional Regulation Law of the Civil
19Administrative Code of Illinois (20 ILCS 2105/2105-15), the
20Department may refuse to issue or renew or may suspend the
21license of any person who fails to file a return, to pay the
22tax, penalty, or interest shown in a filed return, or to pay
23any final assessment of tax, penalty, or interest, as required
24by any tax Act administered by the Department of Revenue, until
25such time as the requirements of that tax Act are satisfied.
26 (e) In accordance with subdivision (a)(5) of Section

SB2053- 219 -LRB100 08715 SMS 18851 b
12105-15 of the Department of Professional Regulation Law of the
2Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
3and in cases where the Department of Healthcare and Family
4Services (formerly Department of Public Aid) has previously
5determined that a licensee or a potential licensee is more than
630 days delinquent in the payment of child support and has
7subsequently certified the delinquency to the Department may
8refuse to issue or renew or may revoke or suspend that person's
9license or may take other disciplinary action against that
10person based solely upon the certification of delinquency made
11by the Department of Healthcare and Family Services.
12 (f) In enforcing this Section, the Department or Board upon
13a showing of a possible violation may compel a licensee or an
14individual licensed to practice under this Act, or who has
15applied for licensure under this Act, to submit to a mental or
16physical examination, or both, as required by and at the
17expense of the Department. The Department or Board may order
18the examining physician to present testimony concerning the
19mental or physical examination of the licensee or applicant. No
20information shall be excluded by reason of any common law or
21statutory privilege relating to communications between the
22licensee or applicant and the examining physician. The
23examining physicians shall be specifically designated by the
24Board or Department. The individual to be examined may have, at
25his or her own expense, another physician of his or her choice
26present during all aspects of this examination. Failure of an

SB2053- 220 -LRB100 08715 SMS 18851 b
1individual to submit to a mental or physical examination, when
2directed, shall be grounds for suspension of his or her license
3or denial of his or her application or renewal until the
4individual submits to the examination if the Department finds,
5after notice and hearing, that the refusal to submit to the
6examination was without reasonable cause.
7 If the Department or Board finds an individual unable to
8practice because of the reasons set forth in this Section, the
9Department or Board may require that individual to submit to
10care, counseling, or treatment by physicians approved or
11designated by the Department or Board, as a condition, term, or
12restriction for continued, reinstated, or renewed licensure to
13practice; or, in lieu of care, counseling, or treatment, the
14Department may file, or the Board may recommend to the
15Department to file, a complaint to immediately suspend, revoke,
16deny, or otherwise discipline the license of the individual. An
17individual whose license was granted, continued, reinstated,
18renewed, disciplined or supervised subject to such terms,
19conditions, or restrictions, and who fails to comply with such
20terms, conditions, or restrictions, shall be referred to the
21Secretary for a determination as to whether the individual
22shall have his or her license suspended immediately, pending a
23hearing by the Department.
24 In instances in which the Secretary immediately suspends a
25person's license under this Section, a hearing on that person's
26license must be convened by the Department within 30 days after

SB2053- 221 -LRB100 08715 SMS 18851 b
1the suspension and completed without appreciable delay. The
2Department and Board shall have the authority to review the
3subject individual's record of treatment and counseling
4regarding the impairment to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7 An individual licensed under this Act and affected under
8this Section shall be afforded an opportunity to demonstrate to
9the Department or Board that he or she can resume practice in
10compliance with acceptable and prevailing standards under the
11provisions of his or her license.
12(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
1398-756, eff. 7-16-14.)
14 Section 110. The Interpreter for the Deaf Licensure Act of
152007 is amended by changing Sections 45 and 115 and by adding
16Section 47 as follows:
17 (225 ILCS 443/45)
18 (Section scheduled to be repealed on January 1, 2018)
19 Sec. 45. Qualifications for licensure. A person shall be
20qualified to be licensed as an interpreter for the deaf and the
21Commission shall issue a license to an applicant who:
22 (1) has applied in writing on the prescribed forms and
23 paid the required fees;
24 (2) is of good moral character; in determining good

SB2053- 222 -LRB100 08715 SMS 18851 b
1 moral character, the Commission shall take into
2 consideration whether the applicant has engaged in conduct
3 or activities that would constitute grounds for discipline
4 under Section 115 of this Act, except consideration of
5 prior convictions shall be in accordance with Section 47 of
6 this Act;
7 (3) is an accepted certificate holder;
8 (4) has a high school diploma or equivalent; and
9 (5) has met any other requirements established by the
10 Commission by rule.
11(Source: P.A. 95-617, eff. 9-12-07.)
12 (225 ILCS 443/47 new)
13 Sec. 47. Applicant convictions.
14 (a) The Commission shall not require applicants to report
15the following information and shall not consider the following
16criminal history records in connection with an application for
17a license under this Act:
18 (1) Juvenile adjudications of delinquent minors as
19 defined in Section 5-105 of the Juvenile Court Act of 1987,
20 subject to the restrictions set forth in Section 5-130 of
21 the Juvenile Court Act of 1987.
22 (2) Law enforcement records, court records, and
23 conviction records of an individual who was 17 years old at
24 the time of the offense and before January 1, 2014, unless
25 the nature of the offense required the individual to be

SB2053- 223 -LRB100 08715 SMS 18851 b
1 tried as an adult.
2 (3) Records of arrest not followed by a conviction.
3 (4) Convictions overturned by a higher court.
4 (5) Convictions or arrests that have been sealed or
5 expunged.
6 (b) No application for any license under this Act shall be
7denied by reason of a finding of lack of "good moral character"
8when the finding is based upon the fact that the applicant has
9previously been convicted of one or more criminal offenses.
10When reviewing, for the purpose of determining moral character
11or whether to grant a license, a conviction of a felony or a
12misdemeanor, an essential element of which is dishonesty, or
13that is directly related to the practice of interpreting, of an
14applicant, the Commission shall consider any evidence of
15rehabilitation and mitigating factors contained in the
16applicant's record, including any of the following:
17 (1) the lack of direct relation of the offense for
18 which the applicant was previously convicted to the duties,
19 functions, and responsibilities of the position for which a
20 license is sought;
21 (2) whether 5 years since a felony conviction or 3
22 years since release from confinement for the conviction,
23 whichever is later, have passed without a subsequent
24 conviction;
25 (3) if the applicant was previously licensed or
26 employed in this State or other state or jurisdictions,

SB2053- 224 -LRB100 08715 SMS 18851 b
1 then the lack of prior misconduct arising from or related
2 to the licensed position or position of employment;
3 (4) the age of the person at the time of the criminal
4 offense;
5 (5) successful completion of sentence and, for
6 applicants serving a term of parole or probation, a
7 progress report provided by the applicant's probation or
8 parole officer that documents the applicant's compliance
9 with conditions of supervision;
10 (6) evidence of the applicant's present fitness and
11 professional character;
12 (7) evidence of rehabilitation or rehabilitative
13 effort during or after incarceration, or during or after a
14 term of supervision, including, but not limited to, a
15 certificate of good conduct under Section 5-5.5-25 of the
16 Unified Code of Corrections or a certificate of relief from
17 disabilities under Section 5-5.5-10 of the Unified Code of
18 Corrections; and
19 (8) any other mitigating factors that contribute to the
20 person's potential and current ability to perform the
21 duties and responsibilities of the position for which a
22 license or employment is sought.
23 (c) It is the affirmative obligation of the Commission to
24demonstrate that a prior conviction would impair the ability of
25the applicant to engage in the licensed practice. If the
26Commission refuses to issue a license to an applicant, then the

SB2053- 225 -LRB100 08715 SMS 18851 b
1Commission shall notify the applicant of the denial in writing
2with the following included in the notice of denial:
3 (1) a statement about the decision to refuse to issue a
4 license;
5 (2) a list of the conviction items that formed the sole
6 or partial basis for the refusal to issue a license;
7 (3) a list of the mitigating evidence presented by the
8 applicant;
9 (4) reasons for refusing to issue a license specific to
10 the evidence presented in mitigation of conviction items
11 that formed the partial or sole basis for the Commission's
12 decision; and
13 (5) a summary of the appeal process or the earliest the
14 applicant may reapply for a license, whichever is
15 applicable.
16 (d) No later than May 1 of each year, the Commission must
17prepare, publicly announce, and publish a report of summary
18statistical information relating to new and renewal license
19applications during the preceding calendar year. Each report
20shall show at minimum:
21 (1) the number of applicants for new or renewal license
22 under this Act within the previous calendar year;
23 (2) the number of applicants for new or renewal license
24 under this Act within the previous calendar year who had
25 any criminal conviction;
26 (3) the number of applicants for new or renewal license

SB2053- 226 -LRB100 08715 SMS 18851 b
1 under this Act in the previous calendar year who were
2 granted a license;
3 (4) the number of applicants for new or renewal license
4 with a criminal conviction who were granted a license under
5 this Act within the previous calendar year;
6 (5) the number of applicants for new or renewal license
7 under this Act within the previous calendar year who were
8 denied a license;
9 (6) the number of applicants for new or renewal license
10 with a criminal conviction who were denied a license under
11 this Act in the previous calendar year in whole or in part
12 because of a prior conviction;
13 (7) the number of probationary licenses without
14 monitoring issued under this Act in the previous calendar
15 year to applicants with criminal conviction; and
16 (8) the number of probationary licenses with
17 monitoring issued under this Act in the previous calendar
18 year to applicants with criminal conviction;
19 (225 ILCS 443/115)
20 (Section scheduled to be repealed on January 1, 2018)
21 Sec. 115. Grounds for disciplinary action.
22 (a) The Commission may refuse to issue or renew any license
23and the Department may suspend or revoke any license or may
24place on probation, censure, reprimand, or take other
25disciplinary action deemed appropriate by the Department,

SB2053- 227 -LRB100 08715 SMS 18851 b
1including the imposition of fines not to exceed $2,500 for each
2violation, with regard to any license issued under this Act for
3any one or more of the following reasons:
4 (1) Material deception in furnishing information to
5 the Commission or the Department.
6 (2) Violations or negligent or intentional disregard
7 of any provision of this Act or its rules.
8 (3) For licensees, conviction Conviction of any crime
9 under the laws of any jurisdiction of the United States
10 that is a felony or a misdemeanor, an essential element of
11 which is dishonesty, or that is directly related to the
12 practice of interpreting. For applicants, provisions set
13 forth in Section 47 apply.
14 (4) A pattern of practice or other behavior that
15 demonstrates incapacity or incompetence to practice under
16 this Act.
17 (5) Knowingly aiding or assisting another person in
18 violating any provision of this Act or rules adopted
19 thereunder.
20 (6) Failing, within 60 days, to provide a response to a
21 request for information in response to a written request
22 made by the Commission or the Department by certified mail.
23 (7) Engaging in dishonorable, unethical, or
24 unprofessional conduct of a character likely to deceive,
25 defraud, or harm the public.
26 (8) Habitual use of or addiction to alcohol, narcotics,

SB2053- 228 -LRB100 08715 SMS 18851 b
1 stimulants, or any other chemical agent or drug that
2 results in a licensee's inability to practice with
3 reasonable judgment, skill, or safety.
4 (9) Discipline by another jurisdiction or foreign
5 nation, if at least one of the grounds for the discipline
6 is the same or substantially equivalent to those set forth
7 in this Section.
8 (10) A finding that the licensee, after having his or
9 her license placed on probationary status, has violated the
10 terms of probation.
11 (11) 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 a neglected
16 child, as defined in the Abused and Neglected Child
17 Reporting Act.
18 (12) Gross negligence in the practice of interpreting.
19 (13) Holding oneself out to be a practicing interpreter
20 for the deaf under any name other than one's own.
21 (14) Knowingly allowing another person or organization
22 to use the licensee's license to deceive the public.
23 (15) Attempting to subvert or cheat on an
24 interpreter-related examination or evaluation.
25 (16) Immoral conduct in the commission of an act, such
26 as sexual abuse, sexual misconduct, or sexual

SB2053- 229 -LRB100 08715 SMS 18851 b
1 exploitation, related to the licensee's practice.
2 (17) Willfully violating State or federal
3 confidentiality laws or the confidentiality between an
4 interpreter and client, except as required by State or
5 federal law.
6 (18) Practicing or attempting to practice interpreting
7 under a name other than one's own.
8 (19) The use of any false, fraudulent, or deceptive
9 statement in any document connected with the licensee's
10 practice.
11 (20) Failure of a licensee to report to the Commission
12 any adverse final action taken against him or her by
13 another licensing jurisdiction, any peer review body, any
14 professional deaf or hard of hearing interpreting
15 association, any governmental Commission, by law