Bill Text: IL SB2439 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends various acts to remove provisions allowing or requiring licensing authorities to revoke professional licenses for defaulting on an educational loan provided by or guaranteed by the Illinois Student Assistance Commission. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0872 [SB2439 Detail]

Download: Illinois-2017-SB2439-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2439

Introduced 1/30/2018, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:
See Index

Amends various acts to remove provisions allowing or requiring licensing authorities to revoke professional licenses for defaulting on an educational loan provided by or guaranteed by the Illinois Student Assistance Commission. Effective immediately.
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A BILL FOR

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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 Department of Professional Regulation Law of
5the Civil Administrative Code of Illinois is amended by
6changing Sections 2105-15 and 2105-207 as follows:
7 (20 ILCS 2105/2105-15)
8 Sec. 2105-15. General powers and duties.
9 (a) The Department has, subject to the provisions of the
10Civil Administrative Code of Illinois, the following powers and
11duties:
12 (1) To authorize examinations in English to ascertain
13 the qualifications and fitness of applicants to exercise
14 the profession, trade, or occupation for which the
15 examination is held.
16 (2) To prescribe rules and regulations for a fair and
17 wholly impartial method of examination of candidates to
18 exercise the respective professions, trades, or
19 occupations.
20 (3) To pass upon the qualifications of applicants for
21 licenses, certificates, and authorities, whether by
22 examination, by reciprocity, or by endorsement.
23 (4) To prescribe rules and regulations defining, for

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1 the respective professions, trades, and occupations, what
2 shall constitute a school, college, or university, or
3 department of a university, or other institution,
4 reputable and in good standing, and to determine the
5 reputability and good standing of a school, college, or
6 university, or department of a university, or other
7 institution, reputable and in good standing, by reference
8 to a compliance with those rules and regulations; provided,
9 that no school, college, or university, or department of a
10 university, or other institution that refuses admittance
11 to applicants solely on account of race, color, creed, sex,
12 sexual orientation, or national origin shall be considered
13 reputable and in good standing.
14 (5) To conduct hearings on proceedings to revoke,
15 suspend, refuse to renew, place on probationary status, or
16 take other disciplinary action as authorized in any
17 licensing Act administered by the Department with regard to
18 licenses, certificates, or authorities of persons
19 exercising the respective professions, trades, or
20 occupations and to revoke, suspend, refuse to renew, place
21 on probationary status, or take other disciplinary action
22 as authorized in any licensing Act administered by the
23 Department with regard to those licenses, certificates, or
24 authorities. The Department shall issue a monthly
25 disciplinary report. The Department shall deny any license
26 or renewal authorized by the Civil Administrative Code of

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1 Illinois to any person who has defaulted on an educational
2 loan or scholarship provided by or guaranteed by the
3 Illinois Student Assistance Commission or any governmental
4 agency of this State; however, the Department may issue a
5 license or renewal if the aforementioned persons have
6 established a satisfactory repayment record as determined
7 by the Illinois Student Assistance Commission or other
8 appropriate governmental agency of this State.
9 Additionally, beginning June 1, 1996, any license issued by
10 the Department may be suspended or revoked if the
11 Department, after the opportunity for a hearing under the
12 appropriate licensing Act, finds that the licensee has
13 failed to make satisfactory repayment to the Illinois
14 Student Assistance Commission for a delinquent or
15 defaulted loan. For the purposes of this Section,
16 "satisfactory repayment record" shall be defined by rule.
17 The Department shall refuse to issue or renew a license to,
18 or shall suspend or revoke a license of, any person who,
19 after receiving notice, fails to comply with a subpoena or
20 warrant relating to a paternity or child support
21 proceeding. However, the Department may issue a license or
22 renewal upon compliance with the subpoena or warrant.
23 The Department, without further process or hearings,
24 shall revoke, suspend, or deny any license or renewal
25 authorized by the Civil Administrative Code of Illinois to
26 a person who is certified by the Department of Healthcare

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1 and Family Services (formerly Illinois Department of
2 Public Aid) as being more than 30 days delinquent in
3 complying with a child support order or who is certified by
4 a court as being in violation of the Non-Support Punishment
5 Act for more than 60 days. The Department may, however,
6 issue a license or renewal if the person has established a
7 satisfactory repayment record as determined by the
8 Department of Healthcare and Family Services (formerly
9 Illinois Department of Public Aid) or if the person is
10 determined by the court to be in compliance with the
11 Non-Support Punishment Act. The Department may implement
12 this paragraph as added by Public Act 89-6 through the use
13 of emergency rules in accordance with Section 5-45 of the
14 Illinois Administrative Procedure Act. For purposes of the
15 Illinois Administrative Procedure Act, the adoption of
16 rules to implement this paragraph shall be considered an
17 emergency and necessary for the public interest, safety,
18 and welfare.
19 (6) To transfer jurisdiction of any realty under the
20 control of the Department to any other department of the
21 State Government or to acquire or accept federal lands when
22 the transfer, acquisition, or acceptance is advantageous
23 to the State and is approved in writing by the Governor.
24 (7) To formulate rules and regulations necessary for
25 the enforcement of any Act administered by the Department.
26 (8) To exchange with the Department of Healthcare and

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1 Family Services information that may be necessary for the
2 enforcement of child support orders entered pursuant to the
3 Illinois Public Aid Code, the Illinois Marriage and
4 Dissolution of Marriage Act, the Non-Support of Spouse and
5 Children Act, the Non-Support Punishment Act, the Revised
6 Uniform Reciprocal Enforcement of Support Act, the Uniform
7 Interstate Family Support Act, the Illinois Parentage Act
8 of 1984, or the Illinois Parentage Act of 2015.
9 Notwithstanding any provisions in this Code to the
10 contrary, the Department of Professional Regulation shall
11 not be liable under any federal or State law to any person
12 for any disclosure of information to the Department of
13 Healthcare and Family Services (formerly Illinois
14 Department of Public Aid) under this paragraph (8) or for
15 any other action taken in good faith to comply with the
16 requirements of this paragraph (8).
17 (8.5) To accept continuing education credit for
18 mandated reporter training on how to recognize and report
19 child abuse offered by the Department of Children and
20 Family Services and completed by any person who holds a
21 professional license issued by the Department and who is a
22 mandated reporter under the Abused and Neglected Child
23 Reporting Act. The Department shall adopt any rules
24 necessary to implement this paragraph.
25 (9) To perform other duties prescribed by law.
26 (a-5) Except in cases involving default on an educational

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1loan or scholarship provided by or guaranteed by the Illinois
2Student Assistance Commission or any governmental agency of
3this State or in cases involving delinquency in complying with
4a child support order or violation of the Non-Support
5Punishment Act and notwithstanding anything that may appear in
6any individual licensing Act or administrative rule, no person
7or entity whose license, certificate, or authority has been
8revoked as authorized in any licensing Act administered by the
9Department may apply for restoration of that license,
10certification, or authority until 3 years after the effective
11date of the revocation.
12 (b) (Blank).
13 (c) For the purpose of securing and preparing evidence, and
14for the purchase of controlled substances, professional
15services, and equipment necessary for enforcement activities,
16recoupment of investigative costs, and other activities
17directed at suppressing the misuse and abuse of controlled
18substances, including those activities set forth in Sections
19504 and 508 of the Illinois Controlled Substances Act, the
20Director and agents appointed and authorized by the Director
21may expend sums from the Professional Regulation Evidence Fund
22that the Director deems necessary from the amounts appropriated
23for that purpose. Those sums may be advanced to the agent when
24the Director deems that procedure to be in the public interest.
25Sums for the purchase of controlled substances, professional
26services, and equipment necessary for enforcement activities

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1and other activities as set forth in this Section shall be
2advanced to the agent who is to make the purchase from the
3Professional Regulation Evidence Fund on vouchers signed by the
4Director. The Director and those agents are authorized to
5maintain one or more commercial checking accounts with any
6State banking corporation or corporations organized under or
7subject to the Illinois Banking Act for the deposit and
8withdrawal of moneys to be used for the purposes set forth in
9this Section; provided, that no check may be written nor any
10withdrawal made from any such account except upon the written
11signatures of 2 persons designated by the Director to write
12those checks and make those withdrawals. Vouchers for those
13expenditures must be signed by the Director. All such
14expenditures shall be audited by the Director, and the audit
15shall be submitted to the Department of Central Management
16Services for approval.
17 (d) Whenever the Department is authorized or required by
18law to consider some aspect of criminal history record
19information for the purpose of carrying out its statutory
20powers and responsibilities, then, upon request and payment of
21fees in conformance with the requirements of Section 2605-400
22of the Department of State Police Law (20 ILCS 2605/2605-400),
23the Department of State Police is authorized to furnish,
24pursuant to positive identification, the information contained
25in State files that is necessary to fulfill the request.
26 (e) The provisions of this Section do not apply to private

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1business and vocational schools as defined by Section 15 of the
2Private Business and Vocational Schools Act of 2012.
3 (f) (Blank).
4 (g) Notwithstanding anything that may appear in any
5individual licensing statute or administrative rule, the
6Department shall deny any license application or renewal
7authorized under any licensing Act administered by the
8Department to any person who has failed to file a return, or to
9pay the tax, penalty, or interest shown in a filed return, or
10to pay any final assessment of tax, penalty, or interest, as
11required by any tax Act administered by the Illinois Department
12of Revenue, until such time as the requirement of any such tax
13Act are satisfied; however, the Department may issue a license
14or renewal if the person has established a satisfactory
15repayment record as determined by the Illinois Department of
16Revenue. For the purpose of this Section, "satisfactory
17repayment record" shall be defined by rule.
18 In addition, a complaint filed with the Department by the
19Illinois Department of Revenue that includes a certification,
20signed by its Director or designee, attesting to the amount of
21the unpaid tax liability or the years for which a return was
22not filed, or both, is prima facie evidence of the licensee's
23failure to comply with the tax laws administered by the
24Illinois Department of Revenue. Upon receipt of that
25certification, the Department shall, without a hearing,
26immediately suspend all licenses held by the licensee.

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1Enforcement of the Department's order shall be stayed for 60
2days. The Department shall provide notice of the suspension to
3the licensee by mailing a copy of the Department's order to the
4licensee's address of record or emailing a copy of the order to
5the licensee's email address of record. The notice shall advise
6the licensee that the suspension shall be effective 60 days
7after the issuance of the Department's order unless the
8Department receives, from the licensee, a request for a hearing
9before the Department to dispute the matters contained in the
10order.
11 Any suspension imposed under this subsection (g) shall be
12terminated by the Department upon notification from the
13Illinois Department of Revenue that the licensee is in
14compliance with all tax laws administered by the Illinois
15Department of Revenue.
16 The Department may promulgate rules for the administration
17of this subsection (g).
18 (h) The Department may grant the title "Retired", to be
19used immediately adjacent to the title of a profession
20regulated by the Department, to eligible retirees. For
21individuals licensed under the Medical Practice Act of 1987,
22the title "Retired" may be used in the profile required by the
23Patients' Right to Know Act. The use of the title "Retired"
24shall not constitute representation of current licensure,
25registration, or certification. Any person without an active
26license, registration, or certificate in a profession that

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1requires licensure, registration, or certification shall not
2be permitted to practice that profession.
3 (i) Within 180 days after December 23, 2009 (the effective
4date of Public Act 96-852), the Department shall promulgate
5rules which permit a person with a criminal record, who seeks a
6license or certificate in an occupation for which a criminal
7record is not expressly a per se bar, to apply to the
8Department for a non-binding, advisory opinion to be provided
9by the Board or body with the authority to issue the license or
10certificate as to whether his or her criminal record would bar
11the individual from the licensure or certification sought,
12should the individual meet all other licensure requirements
13including, but not limited to, the successful completion of the
14relevant examinations.
15(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
16eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
17100-262, eff. 8-22-17; revised 10-4-17.)
18 (20 ILCS 2105/2105-207)
19 Sec. 2105-207. Records of Department actions.
20 (a) Any licensee subject to a licensing Act administered by
21the Division of Professional Regulation and who has been
22subject to disciplinary action by the Department may file an
23application with the Department on forms provided by the
24Department, along with the required fee of $175, to have the
25records classified as confidential, not for public release, and

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1considered expunged for reporting purposes if:
2 (1) the application is submitted more than 3 years
3 after the disciplinary offense or offenses occurred or
4 after restoration of the license, whichever is later;
5 (2) the licensee has had no incidents of discipline
6 under the licensing Act since the disciplinary offense or
7 offenses identified in the application occurred;
8 (3) the Department has no pending investigations
9 against the licensee; and
10 (4) the licensee is not currently in a disciplinary
11 status.
12 (b) An application to make disciplinary records
13confidential shall only be considered by the Department for an
14offense or action relating to:
15 (1) failure to pay taxes or student loans;
16 (2) continuing education;
17 (3) failure to renew a license on time;
18 (4) failure to obtain or renew a certificate of
19 registration or ancillary license;
20 (5) advertising;
21 (5.1) discipline based on criminal charges or
22 convictions:
23 (A) that did not arise from the licensed activity
24 and was unrelated to the licensed activity; or
25 (B) that were dismissed or for which records have
26 been sealed or expunged; .

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1 (5.2) past probationary status of a license issued to
2 new applicants on the sole or partial basis of prior
3 convictions; or
4 (6) any grounds for discipline removed from the
5 licensing Act.
6 (c) An application shall be submitted to and considered by
7the Director of the Division of Professional Regulation upon
8submission of an application and the required non-refundable
9fee. The Department may establish additional requirements by
10rule. The Department is not required to report the removal of
11any disciplinary record to any national database. Nothing in
12this Section shall prohibit the Department from using a
13previous discipline for any regulatory purpose or from
14releasing records of a previous discipline upon request from
15law enforcement, or other governmental body as permitted by
16law. Classification of records as confidential shall result in
17removal of records of discipline from records kept pursuant to
18Sections 2105-200 and 2105-205 of this Act.
19 (d) Any applicant for licensure or a licensee whose
20petition for review is granted by the Department pursuant to
21subsection (a-1) of Section 2105-165 of this Law may file an
22application with the Department on forms provided by the
23Department to have records relating to his or her permanent
24denial or permanent revocation classified as confidential and
25not for public release and considered expunged for reporting
26purposes in the same manner and under the same terms as is

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1provided in this Section for the offenses listed in subsection
2(b) of this Section, except that the requirements of a 7-year
3waiting period and the $200 application fee do not apply.
4(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
5revised 10-4-17.)
6 (20 ILCS 3310/80 rep.)
7 Section 10. The Nuclear Safety Law of 2004 is amended by
8repealing Section 80.
9 Section 15. The School Code is amended by changing Section
1021B-75 as follows:
11 (105 ILCS 5/21B-75)
12 Sec. 21B-75. Suspension or revocation of license.
13 (a) As used in this Section, "teacher" means any school
14district employee regularly required to be licensed, as
15provided in this Article, in order to teach or supervise in the
16public schools.
17 (b) The State Superintendent of Education has the exclusive
18authority, in accordance with this Section and any rules
19adopted by the State Board of Education, in consultation with
20the State Educator Preparation and Licensure Board, to initiate
21the suspension of up to 5 calendar years or revocation of any
22license issued pursuant to this Article for abuse or neglect of
23a child, immorality, a condition of health detrimental to the

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1welfare of pupils, incompetency, unprofessional conduct (which
2includes the failure to disclose on an employment application
3any previous conviction for a sex offense, as defined in
4Section 21B-80 of this Code, or any other offense committed in
5any other state or against the laws of the United States that,
6if committed in this State, would be punishable as a sex
7offense, as defined in Section 21B-80 of this Code), the
8neglect of any professional duty, willful failure to report an
9instance of suspected child abuse or neglect as required by the
10Abused and Neglected Child Reporting Act, failure to establish
11satisfactory repayment on an educational loan guaranteed by the
12Illinois Student Assistance Commission, or other just cause.
13Unprofessional conduct shall include the refusal to attend or
14participate in institutes, teachers' meetings, or professional
15readings or to meet other reasonable requirements of the
16regional superintendent of schools or State Superintendent of
17Education. Unprofessional conduct also includes conduct that
18violates the standards, ethics, or rules applicable to the
19security, administration, monitoring, or scoring of or the
20reporting of scores from any assessment test or examination
21administered under Section 2-3.64a-5 of this Code or that is
22known or intended to produce or report manipulated or
23artificial, rather than actual, assessment or achievement
24results or gains from the administration of those tests or
25examinations. Unprofessional conduct shall also include
26neglect or unnecessary delay in the making of statistical and

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1other reports required by school officers. Incompetency shall
2include, without limitation, 2 or more school terms of service
3for which the license holder has received an unsatisfactory
4rating on a performance evaluation conducted pursuant to
5Article 24A of this Code within a period of 7 school terms of
6service. In determining whether to initiate action against one
7or more licenses based on incompetency and the recommended
8sanction for such action, the State Superintendent shall
9consider factors that include without limitation all of the
10following:
11 (1) Whether the unsatisfactory evaluation ratings
12 occurred prior to June 13, 2011 (the effective date of
13 Public Act 97-8).
14 (2) Whether the unsatisfactory evaluation ratings
15 occurred prior to or after the implementation date, as
16 defined in Section 24A-2.5 of this Code, of an evaluation
17 system for teachers in a school district.
18 (3) Whether the evaluator or evaluators who performed
19 an unsatisfactory evaluation met the pre-licensure and
20 training requirements set forth in Section 24A-3 of this
21 Code.
22 (4) The time between the unsatisfactory evaluation
23 ratings.
24 (5) The quality of the remediation plans associated
25 with the unsatisfactory evaluation ratings and whether the
26 license holder successfully completed the remediation

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1 plans.
2 (6) Whether the unsatisfactory evaluation ratings were
3 related to the same or different assignments performed by
4 the license holder.
5 (7) Whether one or more of the unsatisfactory
6 evaluation ratings occurred in the first year of a teaching
7 or administrative assignment.
8When initiating an action against one or more licenses, the
9State Superintendent may seek required professional
10development as a sanction in lieu of or in addition to
11suspension or revocation. Any such required professional
12development must be at the expense of the license holder, who
13may use, if available and applicable to the requirements
14established by administrative or court order, training,
15coursework, or other professional development funds in
16accordance with the terms of an applicable collective
17bargaining agreement entered into after June 13, 2011 (the
18effective date of Public Act 97-8), unless that agreement
19specifically precludes use of funds for such purpose.
20 (c) The State Superintendent of Education shall, upon
21receipt of evidence of abuse or neglect of a child, immorality,
22a condition of health detrimental to the welfare of pupils,
23incompetency (subject to subsection (b) of this Section),
24unprofessional conduct, the neglect of any professional duty,
25or other just cause, further investigate and, if and as
26appropriate, serve written notice to the individual and afford

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1the individual opportunity for a hearing prior to suspension,
2revocation, or other sanction; provided that the State
3Superintendent is under no obligation to initiate such an
4investigation if the Department of Children and Family Services
5is investigating the same or substantially similar allegations
6and its child protective service unit has not made its
7determination, as required under Section 7.12 of the Abused and
8Neglected Child Reporting Act. If the State Superintendent of
9Education does not receive from an individual a request for a
10hearing within 10 days after the individual receives notice,
11the suspension, revocation, or other sanction shall
12immediately take effect in accordance with the notice. If a
13hearing is requested within 10 days after notice of an
14opportunity for hearing, it shall act as a stay of proceedings
15until the State Educator Preparation and Licensure Board issues
16a decision. Any hearing shall take place in the educational
17service region where the educator is or was last employed and
18in accordance with rules adopted by the State Board of
19Education, in consultation with the State Educator Preparation
20and Licensure Board, and such rules shall include without
21limitation provisions for discovery and the sharing of
22information between parties prior to the hearing. The standard
23of proof for any administrative hearing held pursuant to this
24Section shall be by the preponderance of the evidence. The
25decision of the State Educator Preparation and Licensure Board
26is a final administrative decision and is subject to judicial

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1review by appeal of either party.
2 The State Board of Education may refuse to issue or may
3suspend the license of any person who fails to file a return or
4to pay the tax, penalty, or interest shown in a filed return or
5to pay any final assessment of tax, penalty, or interest, as
6required by any tax Act administered by the Department of
7Revenue, until such time as the requirements of any such tax
8Act are satisfied.
9 The exclusive authority of the State Superintendent of
10Education to initiate suspension or revocation of a license
11pursuant to this Section does not preclude a regional
12superintendent of schools from cooperating with the State
13Superintendent or a State's Attorney with respect to an
14investigation of alleged misconduct.
15 (d) The State Superintendent of Education or his or her
16designee may initiate and conduct such investigations as may be
17reasonably necessary to establish the existence of any alleged
18misconduct. At any stage of the investigation, the State
19Superintendent may issue a subpoena requiring the attendance
20and testimony of a witness, including the license holder, and
21the production of any evidence, including files, records,
22correspondence, or documents, relating to any matter in
23question in the investigation. The subpoena shall require a
24witness to appear at the State Board of Education at a
25specified date and time and shall specify any evidence to be
26produced. The license holder is not entitled to be present, but

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1the State Superintendent shall provide the license holder with
2a copy of any recorded testimony prior to a hearing under this
3Section. Such recorded testimony must not be used as evidence
4at a hearing, unless the license holder has adequate notice of
5the testimony and the opportunity to cross-examine the witness.
6Failure of a license holder to comply with a duly issued,
7investigatory subpoena may be grounds for revocation,
8suspension, or denial of a license.
9 (e) All correspondence, documentation, and other
10information so received by the regional superintendent of
11schools, the State Superintendent of Education, the State Board
12of Education, or the State Educator Preparation and Licensure
13Board under this Section is confidential and must not be
14disclosed to third parties, except (i) as necessary for the
15State Superintendent of Education or his or her designee to
16investigate and prosecute pursuant to this Article, (ii)
17pursuant to a court order, (iii) for disclosure to the license
18holder or his or her representative, or (iv) as otherwise
19required in this Article and provided that any such information
20admitted into evidence in a hearing is exempt from this
21confidentiality and non-disclosure requirement.
22 (f) The State Superintendent of Education or a person
23designated by him or her shall have the power to administer
24oaths to witnesses at any hearing conducted before the State
25Educator Preparation and Licensure Board pursuant to this
26Section. The State Superintendent of Education or a person

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1designated by him or her is authorized to subpoena and bring
2before the State Educator Preparation and Licensure Board any
3person in this State and to take testimony either orally or by
4deposition or by exhibit, with the same fees and mileage and in
5the same manner as prescribed by law in judicial proceedings in
6civil cases in circuit courts of this State.
7 (g) Any circuit court, upon the application of the State
8Superintendent of Education or the license holder, may, by
9order duly entered, require the attendance of witnesses and the
10production of relevant books and papers as part of any
11investigation or at any hearing the State Educator Preparation
12and Licensure Board is authorized to conduct pursuant to this
13Section, and the court may compel obedience to its orders by
14proceedings for contempt.
15 (h) The State Board of Education shall receive an annual
16line item appropriation to cover fees associated with the
17investigation and prosecution of alleged educator misconduct
18and hearings related thereto.
19(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
206-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
21 Section 20. The Illinois Insurance Code is amended by
22changing Section 500-70 as follows:
23 (215 ILCS 5/500-70)
24 (Section scheduled to be repealed on January 1, 2027)

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1 Sec. 500-70. License denial, nonrenewal, or revocation.
2 (a) The Director may place on probation, suspend, revoke,
3or refuse to issue or renew an insurance producer's license or
4may levy a civil penalty in accordance with this Section or
5take any combination of actions, for any one or more of the
6following causes:
7 (1) providing incorrect, misleading, incomplete, or
8 materially untrue information in the license application;
9 (2) violating any insurance laws, or violating any
10 rule, subpoena, or order of the Director or of another
11 state's insurance commissioner;
12 (3) obtaining or attempting to obtain a license through
13 misrepresentation or fraud;
14 (4) improperly withholding, misappropriating or
15 converting any moneys or properties received in the course
16 of doing insurance business;
17 (5) intentionally misrepresenting the terms of an
18 actual or proposed insurance contract or application for
19 insurance;
20 (6) having been convicted of a felony, unless the
21 individual demonstrates to the Director sufficient
22 rehabilitation to warrant the public trust; consideration
23 of such conviction of an applicant shall be in accordance
24 with Section 500-76;
25 (7) having admitted or been found to have committed any
26 insurance unfair trade practice or fraud;

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1 (8) using fraudulent, coercive, or dishonest
2 practices, or demonstrating incompetence,
3 untrustworthiness or financial irresponsibility in the
4 conduct of business in this State or elsewhere;
5 (9) having an insurance producer license, or its
6 equivalent, denied, suspended, or revoked in any other
7 state, province, district or territory;
8 (10) forging a name to an application for insurance or
9 to a document related to an insurance transaction;
10 (11) improperly using notes or any other reference
11 material to complete an examination for an insurance
12 license;
13 (12) knowingly accepting insurance business from an
14 individual who is not licensed;
15 (13) failing to comply with an administrative or court
16 order imposing a child support obligation;
17 (14) failing to pay state income tax or penalty or
18 interest or comply with any administrative or court order
19 directing payment of state income tax or failed to file a
20 return or to pay any final assessment of any tax due to the
21 Department of Revenue;
22 (15) (blank); or failing to make satisfactory
23 repayment to the Illinois Student Assistance Commission
24 for a delinquent or defaulted student loan; or
25 (16) failing to comply with any provision of the
26 Viatical Settlements Act of 2009.

SB2439- 23 -LRB100 18051 XWW 33240 b
1 (b) If the action by the Director is to nonrenew, suspend,
2or revoke a license or to deny an application for a license,
3the Director shall notify the applicant or licensee and advise,
4in writing, the applicant or licensee of the reason for the
5suspension, revocation, denial or nonrenewal of the
6applicant's or licensee's license. The applicant or licensee
7may make written demand upon the Director within 30 days after
8the date of mailing for a hearing before the Director to
9determine the reasonableness of the Director's action. The
10hearing must be held within not fewer than 20 days nor more
11than 30 days after the mailing of the notice of hearing and
12shall be held pursuant to 50 Ill. Adm. Code 2402.
13 (c) The license of a business entity may be suspended,
14revoked, or refused if the Director finds, after hearing, that
15an individual licensee's violation was known or should have
16been known by one or more of the partners, officers, or
17managers acting on behalf of the partnership, corporation,
18limited liability company, or limited liability partnership
19and the violation was neither reported to the Director nor
20corrective action taken.
21 (d) In addition to or instead of any applicable denial,
22suspension, or revocation of a license, a person may, after
23hearing, be subject to a civil penalty of up to $10,000 for
24each cause for denial, suspension, or revocation, however, the
25civil penalty may total no more than $100,000.
26 (e) The Director has the authority to enforce the

SB2439- 24 -LRB100 18051 XWW 33240 b
1provisions of and impose any penalty or remedy authorized by
2this Article against any person who is under investigation for
3or charged with a violation of this Code or rules even if the
4person's license or registration has been surrendered or has
5lapsed by operation of law.
6 (f) Upon the suspension, denial, or revocation of a
7license, the licensee or other person having possession or
8custody of the license shall promptly deliver it to the
9Director in person or by mail. The Director shall publish all
10suspensions, denials, or revocations after the suspensions,
11denials, or revocations become final in a manner designed to
12notify interested insurance companies and other persons.
13 (g) A person whose license is revoked or whose application
14is denied pursuant to this Section is ineligible to apply for
15any license for 3 years after the revocation or denial. A
16person whose license as an insurance producer has been revoked,
17suspended, or denied may not be employed, contracted, or
18engaged in any insurance related capacity during the time the
19revocation, suspension, or denial is in effect.
20(Source: P.A. 100-286, eff. 1-1-18.)
21 Section 25. The Dietitian Nutritionist Practice Act is
22amended by changing Section 95 as follows:
23 (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
24 (Section scheduled to be repealed on January 1, 2023)

SB2439- 25 -LRB100 18051 XWW 33240 b
1 Sec. 95. Grounds for discipline.
2 (1) The Department may refuse to issue or renew, or may
3revoke, suspend, place on probation, reprimand, or take other
4disciplinary or non-disciplinary action as the Department may
5deem appropriate, including imposing fines not to exceed
6$10,000 for each violation, with regard to any license or
7certificate for any one or combination of the following causes:
8 (a) Material misstatement in furnishing information to
9 the Department.
10 (b) Violations of this Act or of rules adopted under
11 this Act.
12 (c) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or by
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States (i) that
18 is a felony or (ii) that is a misdemeanor, an essential
19 element of which is dishonesty, or that is directly related
20 to the practice of the profession.
21 (d) Fraud or any misrepresentation in applying for or
22 procuring a license under this Act or in connection with
23 applying for renewal of a license under this Act.
24 (e) Professional incompetence or gross negligence.
25 (f) Malpractice.
26 (g) Aiding or assisting another person in violating any

SB2439- 26 -LRB100 18051 XWW 33240 b
1 provision of this Act or its rules.
2 (h) Failing to provide information within 60 days in
3 response to a written request made by the Department.
4 (i) Engaging in dishonorable, unethical or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public.
7 (j) Habitual or excessive use or abuse of drugs defined
8 in law as controlled substances, alcohol, or any other
9 substance that results in the inability to practice with
10 reasonable judgment, skill, or safety.
11 (k) Discipline by another state, the District of
12 Columbia, territory, country, or governmental agency if at
13 least one of the grounds for the discipline is the same or
14 substantially equivalent to those set forth in this Act.
15 (l) Charging for professional services not rendered,
16 including filing false statements for the collection of
17 fees for which services are not rendered. Nothing in this
18 paragraph (1) affects any bona fide independent contractor
19 or employment arrangements among health care
20 professionals, health facilities, health care providers,
21 or other entities, except as otherwise prohibited by law.
22 Any employment arrangements may include provisions for
23 compensation, health insurance, pension, or other
24 employment benefits for the provision of services within
25 the scope of the licensee's practice under this Act.
26 Nothing in this paragraph (1) shall be construed to require

SB2439- 27 -LRB100 18051 XWW 33240 b
1 an employment arrangement to receive professional fees for
2 services rendered.
3 (m) A finding by the Department that the licensee,
4 after having his or her license placed on probationary
5 status, has violated the terms of probation.
6 (n) Willfully making or filing false records or reports
7 in his or her practice, including, but not limited to,
8 false records filed with State agencies or departments.
9 (o) Allowing one's license under this Act to be used by
10 an unlicensed person in violation of this Act.
11 (p) Practicing under a false or, except as provided by
12 law, an assumed name.
13 (q) Gross and willful overcharging for professional
14 services.
15 (r) (Blank).
16 (s) Willfully failing to report an instance of
17 suspected child abuse or neglect as required by the Abused
18 and Neglected Child Reporting Act.
19 (t) Cheating on or attempting to subvert a licensing
20 examination administered under this Act.
21 (u) Mental illness or disability that results in the
22 inability to practice under this Act with reasonable
23 judgment, skill, or safety.
24 (v) Physical illness, including, but not limited to,
25 deterioration through the aging process or loss of motor
26 skill that results in a licensee's inability to practice

SB2439- 28 -LRB100 18051 XWW 33240 b
1 under this Act with reasonable judgment, skill, or safety.
2 (w) Advising an individual to discontinue, reduce,
3 increase, or otherwise alter the intake of a drug
4 prescribed by a physician licensed to practice medicine in
5 all its branches or by a prescriber as defined in Section
6 102 of the Illinois Controlled Substances Act.
7 (2) The Department may refuse to issue or may suspend
8without hearing, as provided for in the Code of Civil
9Procedure, the license of any person who fails to file a
10return, or pay the tax, penalty, or interest shown in a filed
11return, or pay any final assessment of the tax, penalty, or
12interest as required by any tax Act administered by the
13Illinois Department of Revenue, until such time as the
14requirements of any such tax Act are satisfied in accordance
15with subsection (g) of Section 2105-15 of the Civil
16Administrative Code of Illinois.
17 (3) (Blank). The Department shall deny a license or renewal
18authorized by this Act to a person who has defaulted on an
19educational loan or scholarship provided or guaranteed by the
20Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with item (5) of subsection
22(a) of Section 2105-15 of the Civil Administrative Code of
23Illinois.
24 (4) In cases where the Department of Healthcare and Family
25Services has previously determined a licensee or a potential
26licensee is more than 30 days delinquent in the payment of

SB2439- 29 -LRB100 18051 XWW 33240 b
1child support and has subsequently certified the delinquency to
2the Department, the Department may refuse to issue or renew or
3may revoke or suspend that person's license or may take other
4disciplinary action against that person based solely upon the
5certification of delinquency made by the Department of
6Healthcare and Family Services in accordance with item (5) of
7subsection (a) of Section 2105-15 of the Civil Administrative
8Code of Illinois.
9 (5) The determination by a circuit court that a licensee is
10subject to involuntary admission or judicial admission, as
11provided in the Mental Health and Developmental Disabilities
12Code, operates as an automatic suspension. The suspension shall
13end only upon a finding by a court that the patient is no
14longer subject to involuntary admission or judicial admission
15and the issuance of an order so finding and discharging the
16patient.
17 (6) In enforcing this Act, the Department, upon a showing
18of a possible violation, may compel an individual licensed to
19practice under this Act, or who has applied for licensure under
20this Act, to submit to a mental or physical examination, or
21both, as required by and at the expense of the Department. The
22Department may order the examining physician to present
23testimony concerning the mental or physical examination of the
24licensee or applicant. No information shall be excluded by
25reason of any common law or statutory privilege relating to
26communications between the licensee or applicant and the

SB2439- 30 -LRB100 18051 XWW 33240 b
1examining physician. The examining physicians shall be
2specifically designated by the Department. The individual to be
3examined may have, at his or her own expense, another physician
4of his or her choice present during all aspects of this
5examination. The examination shall be performed by a physician
6licensed to practice medicine in all its branches. Failure of
7an individual to submit to a mental or physical examination,
8when directed, shall result in an automatic suspension without
9hearing.
10 A person holding a license under this Act or who has
11applied for a license under this Act who, because of a physical
12or mental illness or disability, including, but not limited to,
13deterioration through the aging process or loss of motor skill,
14is unable to practice the profession with reasonable judgment,
15skill, or safety, may be required by the Department to submit
16to care, counseling, or treatment by physicians approved or
17designated by the Department as a condition, term, or
18restriction for continued, reinstated, or renewed licensure to
19practice. Submission to care, counseling, or treatment as
20required by the Department shall not be considered discipline
21of a license. If the licensee refuses to enter into a care,
22counseling, or treatment agreement or fails to abide by the
23terms of the agreement, then the Department may file a
24complaint to revoke, suspend, or otherwise discipline the
25license of the individual. The Secretary may order the license
26suspended immediately, pending a hearing by the Department.

SB2439- 31 -LRB100 18051 XWW 33240 b
1Fines shall not be assessed in disciplinary actions involving
2physical or mental illness or impairment.
3 In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 15 days after
6the suspension and completed without appreciable delay. The
7Department shall have the authority to review the subject
8individual'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 An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department 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. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
1898-756, eff. 7-16-14.)
19 Section 30. The Environmental Health Practitioner
20Licensing Act is amended by changing Section 35 as follows:
21 (225 ILCS 37/35)
22 (Section scheduled to be repealed on January 1, 2019)
23 Sec. 35. Grounds for discipline.
24 (a) The Department may refuse to issue or renew, or may

SB2439- 32 -LRB100 18051 XWW 33240 b
1revoke, suspend, place on probation, reprimand, or take other
2disciplinary action with regard to any license issued under
3this Act as the Department may consider proper, including the
4imposition of fines not to exceed $5,000 for each violation,
5for any one or combination of the following causes:
6 (1) Material misstatement in furnishing information to
7 the Department.
8 (2) Violations of this Act or its rules.
9 (3) Conviction of any felony under the laws of any U.S.
10 jurisdiction, any misdemeanor an essential element of
11 which is dishonesty, or any crime that is directly related
12 to the practice of the profession.
13 (4) Making any misrepresentation for the purpose of
14 obtaining a certificate of registration.
15 (5) Professional incompetence.
16 (6) Aiding or assisting another person in violating any
17 provision of this Act or its rules.
18 (7) Failing to provide information within 60 days in
19 response to a written request made by the Department.
20 (8) Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public as defined by rules of the
23 Department.
24 (9) Habitual or excessive use or addiction to alcohol,
25 narcotics, stimulants, or any other chemical agent or drug
26 that results in an environmental health practitioner's

SB2439- 33 -LRB100 18051 XWW 33240 b
1 inability to practice with reasonable judgment, skill, or
2 safety.
3 (10) Discipline by another U.S. jurisdiction or
4 foreign nation, if at least one of the grounds for a
5 discipline is the same or substantially equivalent to those
6 set forth in this Act.
7 (11) A finding by the Department that the registrant,
8 after having his or her license placed on probationary
9 status, has violated the terms of probation.
10 (12) Willfully making or filing false records or
11 reports in his or her practice, including, but not limited
12 to, false records filed with State agencies or departments.
13 (13) Physical illness, including, but not limited to,
14 deterioration through the aging process or loss of motor
15 skills that result in the inability to practice the
16 profession with reasonable judgment, skill, or safety.
17 (14) Failure to comply with rules promulgated by the
18 Illinois Department of Public Health or other State
19 agencies related to the practice of environmental health.
20 (15) (Blank). The Department shall deny any
21 application for a license or renewal of a license under
22 this Act, without hearing, to a person who has defaulted on
23 an educational loan guaranteed by the Illinois Student
24 Assistance Commission; however, the Department may issue a
25 license or renewal of a license if the person in default
26 has established a satisfactory repayment record as

SB2439- 34 -LRB100 18051 XWW 33240 b
1 determined by the Illinois Student Assistance Commission.
2 (16) Solicitation of professional services by using
3 false or misleading advertising.
4 (17) A finding that the license has been applied for or
5 obtained by fraudulent means.
6 (18) Practicing or attempting to practice under a name
7 other than the full name as shown on the license or any
8 other legally authorized name.
9 (19) Gross overcharging for professional services
10 including filing statements for collection of fees or
11 moneys for which services are not rendered.
12 (b) The Department may refuse to issue or may suspend the
13license of any person who fails to (i) file a return, (ii) pay
14the tax, penalty, or interest shown in a filed return; or (iii)
15pay any final assessment of the tax, penalty, or interest as
16required by any tax Act administered by the Illinois Department
17of Revenue until the requirements of the tax Act are satisfied.
18 (c) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission to a
20mental health facility as provided in the Mental Health and
21Developmental Disabilities Code operates as an automatic
22suspension. The suspension may end only upon a finding by a
23court that the licensee is no longer subject to involuntary
24admission or judicial admission, the issuance of an order so
25finding and discharging the patient, and the recommendation of
26the Board to the Director that the licensee be allowed to

SB2439- 35 -LRB100 18051 XWW 33240 b
1resume practice.
2 (d) In enforcing this Section, the Department, upon a
3showing of a possible violation, may compel any person licensed
4to practice under this Act or who has applied for licensure or
5certification pursuant to this Act to submit to a mental or
6physical examination, or both, as required by and at the
7expense of the Department. The examining physicians shall be
8those specifically designated by the Department. The
9Department may order the examining physician to present
10testimony concerning this mental or physical examination of the
11licensee or applicant. No information shall be excluded by
12reason of any common law or statutory privilege relating to
13communications between the licensee or applicant and the
14examining physician. The person to be examined may have, at his
15or her own expense, another physician of his or her choice
16present during all aspects of the examination. Failure of any
17person to submit to a mental or physical examination, when
18directed, shall be grounds for suspension of a license until
19the person submits to the examination if the Department finds,
20after notice and hearing, that the refusal to submit to the
21examination was without reasonable cause.
22 If the Department finds an individual unable to practice
23because of the reasons set forth in this Section, the
24Department may require that individual to submit to care,
25counseling, or treatment by physicians approved or designated
26by the Department, as a condition, term, or restriction for

SB2439- 36 -LRB100 18051 XWW 33240 b
1continued, reinstated, or renewed licensure to practice or, in
2lieu of care, counseling, or treatment, the Department may file
3a complaint to immediately suspend, revoke, or otherwise
4discipline the license of the individual.
5 Any person whose license was granted, continued,
6reinstated, renewed, disciplined, or supervised subject to
7such terms, conditions, or restrictions and who fails to comply
8with such terms, conditions, or restrictions shall be referred
9to the Director for a determination as to whether the person
10shall have his or her license suspended immediately, pending a
11hearing by the Department.
12 In instances in which the Director immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 15 days after
15the suspension and completed without appreciable delay. The
16Department shall have the authority to review the subject
17person's record of treatment and counseling regarding the
18impairment, to the extent permitted by applicable federal
19statutes and regulations safeguarding the confidentiality of
20medical records.
21 A person licensed under this Act and affected under this
22Section shall be afforded an opportunity to demonstrate to the
23Department that he or she can resume practice in compliance
24with acceptable and prevailing standards under the provisions
25of his or her license.
26(Source: P.A. 92-837, eff. 8-22-02.)

SB2439- 37 -LRB100 18051 XWW 33240 b
1 Section 35. The Funeral Directors and Embalmers Licensing
2Code is amended by changing Section 15-75 as follows:
3 (225 ILCS 41/15-75)
4 (Section scheduled to be repealed on January 1, 2023)
5 Sec. 15-75. Violations; grounds for discipline; penalties.
6 (a) Each of the following acts is a Class A misdemeanor for
7the first offense, and a Class 4 felony for each subsequent
8offense. These penalties shall also apply to unlicensed owners
9of funeral homes.
10 (1) Practicing the profession of funeral directing and
11 embalming or funeral directing, or attempting to practice
12 the profession of funeral directing and embalming or
13 funeral directing without a license as a funeral director
14 and embalmer or funeral director.
15 (2) Serving or attempting to serve as an intern under a
16 licensed funeral director and embalmer without a license as
17 a licensed funeral director and embalmer intern.
18 (3) Obtaining or attempting to obtain a license,
19 practice or business, or any other thing of value, by fraud
20 or misrepresentation.
21 (4) Permitting any person in one's employ, under one's
22 control or in or under one's service to serve as a funeral
23 director and embalmer, funeral director, or funeral
24 director and embalmer intern when the person does not have

SB2439- 38 -LRB100 18051 XWW 33240 b
1 the appropriate license.
2 (5) Failing to display a license as required by this
3 Code.
4 (6) Giving false information or making a false oath or
5 affidavit required by this Code.
6 (b) The Department may refuse to issue or renew, revoke,
7suspend, place on probation or administrative supervision,
8reprimand, or take other disciplinary or non-disciplinary
9action as the Department may deem appropriate, including
10imposing fines not to exceed $10,000 for each violation, with
11regard to any license under the Code for any one or combination
12of the following:
13 (1) Fraud or any misrepresentation in applying for or
14 procuring a license under this Code or in connection with
15 applying for renewal of a license under this Code.
16 (2) For licenses, conviction by plea of guilty or nolo
17 contendere, finding of guilt, jury verdict, or entry of
18 judgment or by sentencing of any crime, including, but not
19 limited to, convictions, preceding sentences of
20 supervision, conditional discharge, or first offender
21 probation, under the laws of any jurisdiction of the United
22 States: (i) that is a felony or (ii) that is a misdemeanor,
23 an essential element of which is dishonesty, or that is
24 directly related to the practice of the profession and, for
25 initial applicants, convictions set forth in Section 15-72
26 of this Act.

SB2439- 39 -LRB100 18051 XWW 33240 b
1 (3) Violation of the laws of this State relating to the
2 funeral, burial or disposition of deceased human bodies or
3 of the rules and regulations of the Department, or the
4 Department of Public Health.
5 (4) Directly or indirectly paying or causing to be paid
6 any sum of money or other valuable consideration for the
7 securing of business or for obtaining authority to dispose
8 of any deceased human body.
9 (5) Professional incompetence, gross negligence,
10 malpractice, or untrustworthiness in the practice of
11 funeral directing and embalming or funeral directing.
12 (6) (Blank).
13 (7) Engaging in, promoting, selling, or issuing burial
14 contracts, burial certificates, or burial insurance
15 policies in connection with the profession as a funeral
16 director and embalmer, funeral director, or funeral
17 director and embalmer intern in violation of any laws of
18 the State of Illinois.
19 (8) Refusing, without cause, to surrender the custody
20 of a deceased human body upon the proper request of the
21 person or persons lawfully entitled to the custody of the
22 body.
23 (9) Taking undue advantage of a client or clients as to
24 amount to the perpetration of fraud.
25 (10) Engaging in funeral directing and embalming or
26 funeral directing without a license.

SB2439- 40 -LRB100 18051 XWW 33240 b
1 (11) Encouraging, requesting, or suggesting by a
2 licensee or some person working on his behalf and with his
3 consent for compensation that a person utilize the services
4 of a certain funeral director and embalmer, funeral
5 director, or funeral establishment unless that information
6 has been expressly requested by the person. This does not
7 prohibit general advertising or pre-need solicitation.
8 (12) Making or causing to be made any false or
9 misleading statements about the laws concerning the
10 disposition of human remains, including, but not limited
11 to, the need to embalm, the need for a casket for cremation
12 or the need for an outer burial container.
13 (13) (Blank).
14 (14) Embalming or attempting to embalm a deceased human
15 body without express prior authorization of the person
16 responsible for making the funeral arrangements for the
17 body. This does not apply to cases where embalming is
18 directed by local authorities who have jurisdiction or when
19 embalming is required by State or local law. A licensee may
20 embalm without express prior authorization if a good faith
21 effort has been made to contact family members and has been
22 unsuccessful and the licensee has no reason to believe the
23 family opposes embalming.
24 (15) Making a false statement on a Certificate of Death
25 where the person making the statement knew or should have
26 known that the statement was false.

SB2439- 41 -LRB100 18051 XWW 33240 b
1 (16) Soliciting human bodies after death or while death
2 is imminent.
3 (17) Performing any act or practice that is a violation
4 of this Code, the rules for the administration of this
5 Code, or any federal, State or local laws, rules, or
6 regulations governing the practice of funeral directing or
7 embalming.
8 (18) Performing any act or practice that is a violation
9 of Section 2 of the Consumer Fraud and Deceptive Business
10 Practices Act.
11 (19) Engaging in dishonorable, unethical, or
12 unprofessional conduct of a character likely to deceive,
13 defraud or harm the public.
14 (20) Taking possession of a dead human body without
15 having first obtained express permission from the person
16 holding the right to control the disposition in accordance
17 with Section 5 of the Disposition of Remains Act or a
18 public agency legally authorized to direct, control or
19 permit the removal of deceased human bodies.
20 (21) Advertising in a false or misleading manner or
21 advertising using the name of an unlicensed person in
22 connection with any service being rendered in the practice
23 of funeral directing or funeral directing and embalming.
24 The use of any name of an unlicensed or unregistered person
25 in an advertisement so as to imply that the person will
26 perform services is considered misleading advertising.

SB2439- 42 -LRB100 18051 XWW 33240 b
1 Nothing in this paragraph shall prevent including the name
2 of any owner, officer or corporate director of a funeral
3 home, who is not a licensee, in any advertisement used by a
4 funeral home with which the individual is affiliated, if
5 the advertisement specifies the individual's affiliation
6 with the funeral home.
7 (22) Charging for professional services not rendered,
8 including filing false statements for the collection of
9 fees for which services are not rendered.
10 (23) Failing to account for or remit any monies,
11 documents, or personal property that belongs to others that
12 comes into a licensee's possession.
13 (24) Treating any person differently to his detriment
14 because of race, color, creed, gender, religion, or
15 national origin.
16 (25) Knowingly making any false statements, oral or
17 otherwise, of a character likely to influence, persuade or
18 induce others in the course of performing professional
19 services or activities.
20 (26) Willfully making or filing false records or
21 reports in the practice of funeral directing and embalming,
22 including, but not limited to, false records filed with
23 State agencies or departments.
24 (27) Failing to acquire continuing education required
25 under this Code.
26 (28) (Blank).

SB2439- 43 -LRB100 18051 XWW 33240 b
1 (29) Aiding or assisting another person in violating
2 any provision of this Code or rules adopted pursuant to
3 this Code.
4 (30) Failing within 10 days, to provide information in
5 response to a written request made by the Department.
6 (31) Discipline by another state, District of
7 Columbia, territory, foreign nation, or governmental
8 agency, if at least one of the grounds for the discipline
9 is the same or substantially equivalent to those set forth
10 in this Section.
11 (32) (Blank).
12 (33) Mental illness or disability which results in the
13 inability to practice the profession with reasonable
14 judgment, skill, or safety.
15 (34) Gross, willful, or continued overcharging for
16 professional services, including filing false statements
17 for collection of fees for which services are not rendered.
18 (35) Physical illness, including, but not limited to,
19 deterioration through the aging process or loss of motor
20 skill which results in a licensee's inability to practice
21 under this Code with reasonable judgment, skill, or safety.
22 (36) Failing to comply with any of the following
23 required activities:
24 (A) When reasonably possible, a funeral director
25 licensee or funeral director and embalmer licensee or
26 anyone acting on his or her behalf shall obtain the

SB2439- 44 -LRB100 18051 XWW 33240 b
1 express authorization of the person or persons
2 responsible for making the funeral arrangements for a
3 deceased human body prior to removing a body from the
4 place of death or any place it may be or embalming or
5 attempting to embalm a deceased human body, unless
6 required by State or local law. This requirement is
7 waived whenever removal or embalming is directed by
8 local authorities who have jurisdiction. If the
9 responsibility for the handling of the remains
10 lawfully falls under the jurisdiction of a public
11 agency, then the regulations of the public agency shall
12 prevail.
13 (B) A licensee shall clearly mark the price of any
14 casket offered for sale or the price of any service
15 using the casket on or in the casket if the casket is
16 displayed at the funeral establishment. If the casket
17 is displayed at any other location, regardless of
18 whether the licensee is in control of that location,
19 the casket shall be clearly marked and the registrant
20 shall use books, catalogues, brochures, or other
21 printed display aids to show the price of each casket
22 or service.
23 (C) At the time funeral arrangements are made and
24 prior to rendering the funeral services, a licensee
25 shall furnish a written statement of services to be
26 retained by the person or persons making the funeral

SB2439- 45 -LRB100 18051 XWW 33240 b
1 arrangements, signed by both parties, that shall
2 contain: (i) the name, address and telephone number of
3 the funeral establishment and the date on which the
4 arrangements were made; (ii) the price of the service
5 selected and the services and merchandise included for
6 that price; (iii) a clear disclosure that the person or
7 persons making the arrangement may decline and receive
8 credit for any service or merchandise not desired and
9 not required by law or the funeral director or the
10 funeral director and embalmer; (iv) the supplemental
11 items of service and merchandise requested and the
12 price of each item; (v) the terms or method of payment
13 agreed upon; and (vi) a statement as to any monetary
14 advances made by the registrant on behalf of the
15 family. The licensee shall maintain a copy of the
16 written statement of services in its permanent
17 records. All written statements of services are
18 subject to inspection by the Department.
19 (D) In all instances where the place of final
20 disposition of a deceased human body or the cremated
21 remains of a deceased human body is a cemetery, the
22 licensed funeral director and embalmer, or licensed
23 funeral director, who has been engaged to provide
24 funeral or embalming services shall remain at the
25 cemetery and personally witness the placement of the
26 human remains in their designated grave or the sealing

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1 of the above ground depository, crypt, or urn. The
2 licensed funeral director or licensed funeral director
3 and embalmer may designate a licensed funeral director
4 and embalmer intern or representative of the funeral
5 home to be his or her witness to the placement of the
6 remains. If the cemetery authority, cemetery manager,
7 or any other agent of the cemetery takes any action
8 that prevents compliance with this paragraph (D), then
9 the funeral director and embalmer or funeral director
10 shall provide written notice to the Department within 5
11 business days after failing to comply. If the
12 Department receives this notice, then the Department
13 shall not take any disciplinary action against the
14 funeral director and embalmer or funeral director for a
15 violation of this paragraph (D) unless the Department
16 finds that the cemetery authority, manager, or any
17 other agent of the cemetery did not prevent the funeral
18 director and embalmer or funeral director from
19 complying with this paragraph (D) as claimed in the
20 written notice.
21 (E) A funeral director or funeral director and
22 embalmer shall fully complete the portion of the
23 Certificate of Death under the responsibility of the
24 funeral director or funeral director and embalmer and
25 provide all required information. In the event that any
26 reported information subsequently changes or proves

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1 incorrect, a funeral director or funeral director and
2 embalmer shall immediately upon learning the correct
3 information correct the Certificate of Death.
4 (37) A finding by the Department that the licensee,
5 after having his or her license placed on probationary
6 status or subjected to conditions or restrictions,
7 violated the terms of the probation or failed to comply
8 with such terms or conditions.
9 (38) (Blank).
10 (39) Being named as a perpetrator in an indicated
11 report by the Department of Children and Family Services
12 pursuant to the Abused and Neglected Child Reporting Act
13 and, upon proof by clear and convincing evidence, being
14 found to have caused a child to be an abused child or
15 neglected child as defined in the Abused and Neglected
16 Child Reporting Act.
17 (40) Habitual or excessive use or abuse of drugs
18 defined in law as controlled substances, alcohol, or any
19 other substance which results in the inability to practice
20 with reasonable judgment, skill, or safety.
21 (41) Practicing under a false or, except as provided by
22 law, an assumed name.
23 (42) Cheating on or attempting to subvert the licensing
24 examination administered under this Code.
25 (c) The Department may refuse to issue or renew or may
26suspend without a hearing, as provided for in the Department of

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1Professional Regulation Law of the Civil Administrative Code of
2Illinois, the license of any person who fails to file a return,
3to pay the tax, penalty or interest shown in a filed return, or
4to pay any final assessment of tax, penalty or interest as
5required by any tax Act administered by the Illinois Department
6of Revenue, until the time as the requirements of the tax Act
7are satisfied in accordance with subsection (g) of Section
82105-15 of the Department of Professional Regulation Law of the
9Civil Administrative Code of Illinois.
10 (d) No action may be taken under this Code against a person
11licensed under this Code unless the action is commenced within
125 years after the occurrence of the alleged violations. A
13continuing violation shall be deemed to have occurred on the
14date when the circumstances last existed that give rise to the
15alleged violation.
16 (e) Nothing in this Section shall be construed or enforced
17to give a funeral director and embalmer, or his or her
18designees, authority over the operation of a cemetery or over
19cemetery employees. Nothing in this Section shall be construed
20or enforced to impose duties or penalties on cemeteries with
21respect to the timing of the placement of human remains in
22their designated grave or the sealing of the above ground
23depository, crypt, or urn due to patron safety, the allocation
24of cemetery staffing, liability insurance, a collective
25bargaining agreement, or other such reasons.
26 (f) All fines imposed under this Section shall be paid 60

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1days after the effective date of the order imposing the fine.
2 (g) (Blank). The Department shall deny a license or renewal
3authorized by this Code to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with item (5) of subsection
7(a) of Section 2105-15 of the Department of Professional
8Regulation Law of the Civil Administrative Code of Illinois.
9 (h) In cases where the Department of Healthcare and Family
10Services has previously determined a licensee or a potential
11licensee is more than 30 days delinquent in the payment of
12child support and has subsequently certified the delinquency to
13the Department, the Department may refuse to issue or renew or
14may revoke or suspend that person's license or may take other
15disciplinary action against that person based solely upon the
16certification of delinquency made by the Department of
17Healthcare and Family Services in accordance with item (5) of
18subsection (a) of Section 2105-15 of the Department of
19Professional Regulation Law of the Civil Administrative Code of
20Illinois.
21 (i) A person not licensed under this Code who is an owner
22of a funeral establishment or funeral business shall not aid,
23abet, assist, procure, advise, employ, or contract with any
24unlicensed person to offer funeral services or aid, abet,
25assist, or direct any licensed person contrary to or in
26violation of any rules or provisions of this Code. A person

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1violating this subsection shall be treated as a licensee for
2the purposes of disciplinary action under this Section and
3shall be subject to cease and desist orders as provided in this
4Code, the imposition of a fine up to $10,000 for each violation
5and any other penalty provided by law.
6 (j) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission as
8provided in the Mental Health and Developmental Disabilities
9Code, as amended, operates as an automatic suspension. The
10suspension may end only upon a finding by a court that the
11licensee is no longer subject to the involuntary admission or
12judicial admission and issues an order so finding and
13discharging the licensee, and upon the recommendation of the
14Board to the Secretary that the licensee be allowed to resume
15his or her practice.
16 (k) In enforcing this Code, the Department, upon a showing
17of a possible violation, may compel an individual licensed to
18practice under this Code, or who has applied for licensure
19under this Code, to submit to a mental or physical examination,
20or both, as required by and at the expense of the Department.
21The Department may order the examining physician to present
22testimony concerning the mental or physical examination of the
23licensee or applicant. No information shall be excluded by
24reason of any common law or statutory privilege relating to
25communications between the licensee or applicant and the
26examining physician. The examining physician shall be

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

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1physical or mental illness or impairment.
2 In instances in which the Secretary immediately suspends a
3person's license under this Section, a hearing on that person's
4license must be convened by the Department within 15 days after
5the suspension and completed without appreciable delay. The
6Department shall have the authority to review the subject
7individual's record of treatment and counseling regarding the
8impairment to the extent permitted by applicable federal
9statutes and regulations safeguarding the confidentiality of
10medical records.
11 An individual licensed under this Code and affected under
12this Section shall be afforded an opportunity to demonstrate to
13the Department that he or she can resume practice in compliance
14with acceptable and prevailing standards under the provisions
15of his or her license.
16(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17.)
17 Section 40. The Marriage and Family Therapy Licensing Act
18is amended by changing Section 85 as follows:
19 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
20 (Section scheduled to be repealed on January 1, 2027)
21 Sec. 85. Refusal, revocation, or suspension.
22 (a) The Department may refuse to issue or renew a license,
23or may revoke, suspend, reprimand, place on probation, or take
24any other disciplinary or non-disciplinary action as the

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1Department may deem proper, including the imposition of fines
2not to exceed $10,000 for each violation, with regard to any
3license issued under the provisions of this Act for any one or
4combination of the following grounds:
5 (1) Material misstatement in furnishing information to
6 the Department.
7 (2) Violation of any provision of this Act or its
8 rules.
9 (3) Conviction of or entry of a plea of guilty or nolo
10 contendere, finding of guilt, jury verdict, or entry of
11 judgment or sentencing, including, but not limited to,
12 convictions, preceding sentences of supervision,
13 conditional discharge, or first offender probation, under
14 the laws of any jurisdiction of the United States that is
15 (i) a felony or (ii) a misdemeanor, an essential element of
16 which is dishonesty or that is directly related to the
17 practice of the profession.
18 (4) Fraud or misrepresentation in applying for or
19 procuring a license under this Act or in connection with
20 applying for renewal or restoration of a license under this
21 Act or its rules.
22 (5) Professional incompetence.
23 (6) Gross negligence in practice under this Act.
24 (7) Aiding or assisting another person in violating any
25 provision of this Act or its rules.
26 (8) Failing, within 60 days, to provide information in

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1 response to a written request made by the Department.
2 (9) Engaging in dishonorable, unethical, or
3 unprofessional conduct of a character likely to deceive,
4 defraud or harm the public as defined by the rules of the
5 Department, or violating the rules of professional conduct
6 adopted by the Department.
7 (10) Habitual or excessive use or abuse of drugs
8 defined in law as controlled substances, of alcohol, or any
9 other substance that results in the inability to practice
10 with reasonable judgment, skill, or safety.
11 (11) Discipline by another jurisdiction if at least one
12 of the grounds for the discipline is the same or
13 substantially equivalent to those set forth in this Act.
14 (12) Directly or indirectly giving to or receiving from
15 any person, firm, corporation, partnership, or association
16 any fee, commission, rebate, or other form of compensation
17 for any professional services not actually or personally
18 rendered. Nothing in this paragraph (12) affects any bona
19 fide independent contractor or employment arrangements
20 among health care professionals, health facilities, health
21 care providers, or other entities, except as otherwise
22 prohibited by law. Any employment arrangements may include
23 provisions for compensation, health insurance, pension, or
24 other employment benefits for the provision of services
25 within the scope of the licensee's practice under this Act.
26 Nothing in this paragraph (12) shall be construed to

SB2439- 55 -LRB100 18051 XWW 33240 b
1 require an employment arrangement to receive professional
2 fees for services rendered.
3 (13) A finding by the Department that the licensee,
4 after having his or her license placed on probationary
5 status, has violated the terms of probation or failed to
6 comply with the terms.
7 (14) Abandonment of a patient without cause.
8 (15) Willfully making or filing false records or
9 reports relating to a licensee's practice, including but
10 not limited to false records filed with State agencies or
11 departments.
12 (16) Willfully failing to report an instance of
13 suspected child abuse or neglect as required by the Abused
14 and Neglected Child Reporting Act.
15 (17) Being named as a perpetrator in an indicated
16 report by the Department of Children and Family Services
17 under the Abused and Neglected Child Reporting Act and upon
18 proof by clear and convincing evidence that the licensee
19 has caused a child to be an abused child or neglected child
20 as defined in the Abused and Neglected Child Reporting Act.
21 (18) Physical illness or mental illness or impairment,
22 including, but not limited to, deterioration through the
23 aging process or loss of motor skill that results in the
24 inability to practice the profession with reasonable
25 judgment, skill, or safety.
26 (19) Solicitation of professional services by using

SB2439- 56 -LRB100 18051 XWW 33240 b
1 false or misleading advertising.
2 (20) A pattern of practice or other behavior that
3 demonstrates incapacity or incompetence to practice under
4 this Act.
5 (21) Practicing under a false or assumed name, except
6 as provided by law.
7 (22) Gross, willful, and continued overcharging for
8 professional services, including filing false statements
9 for collection of fees or moneys for which services are not
10 rendered.
11 (23) Failure to establish and maintain records of
12 patient care and treatment as required by law.
13 (24) Cheating on or attempting to subvert the licensing
14 examinations administered under this Act.
15 (25) Willfully failing to report an instance of
16 suspected abuse, neglect, financial exploitation, or
17 self-neglect of an eligible adult as defined in and
18 required by the Adult Protective Services Act.
19 (26) Being named as an abuser in a verified report by
20 the Department on Aging and under the Adult Protective
21 Services Act and upon proof by clear and convincing
22 evidence that the licensee abused, neglected, or
23 financially exploited an eligible adult as defined in the
24 Adult Protective Services Act.
25 (b) (Blank). The Department shall deny any application for
26a license or renewal, without hearing, under this Act to any

SB2439- 57 -LRB100 18051 XWW 33240 b
1person who has defaulted on an educational loan guaranteed by
2the Illinois Student Assistance Commission; however, the
3Department may issue a license or renewal if the person in
4default has established a satisfactory repayment record as
5determined by the Illinois Student Assistance Commission.
6 (c) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission, as
8provided in the Mental Health and Developmental Disabilities
9Code, operates as an automatic suspension. The suspension will
10terminate only upon a finding by a court that the patient is no
11longer subject to involuntary admission or judicial admission
12and the issuance of an order so finding and discharging the
13patient, and upon the recommendation of the Board to the
14Secretary that the licensee be allowed to resume his or her
15practice as a licensed marriage and family therapist or an
16associate licensed marriage and family therapist.
17 (d) The Department shall refuse to issue or may suspend the
18license of any person who fails to file a return, pay the tax,
19penalty, or interest shown in a filed return or pay any final
20assessment of tax, penalty, or interest, as required by any tax
21Act administered by the Illinois Department of Revenue, until
22the time the requirements of the tax Act are satisfied.
23 (e) In enforcing this Section, the Department or Board upon
24a showing of a possible violation may compel an individual
25licensed to practice under this Act, or who has applied for
26licensure under this Act, to submit to a mental or physical

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

SB2439- 59 -LRB100 18051 XWW 33240 b
1 The Department or Board may order the examining physician
2or any member of the multidisciplinary team to present
3testimony concerning the mental or physical examination of the
4licensee or applicant. No information, report, record, or other
5documents in any way related to the examination shall be
6excluded by reason of any common law or statutory privilege
7relating to communications between the licensee or applicant
8and the examining physician or any member of the
9multidisciplinary team. No authorization is necessary from the
10licensee or applicant ordered to undergo an examination for the
11examining physician or any member of the multidisciplinary team
12to provide information, reports, records, or other documents or
13to provide any testimony regarding the examination and
14evaluation.
15 The individual to be examined may have, at his or her own
16expense, another physician of his or her choice present during
17all aspects of this examination. However, that physician shall
18be present only to observe and may not interfere in any way
19with the examination.
20 Failure of an individual to submit to a mental or physical
21examination, when ordered, shall result in an automatic
22suspension of his or her license until the individual submits
23to the examination.
24 If the Department or Board finds an individual unable to
25practice because of the reasons set forth in this Section, the
26Department or Board may require that individual to submit to

SB2439- 60 -LRB100 18051 XWW 33240 b
1care, counseling, or treatment by physicians approved or
2designated by the Department or Board, as a condition, term, or
3restriction for continued, reinstated, or renewed licensure to
4practice; or, in lieu of care, counseling, or treatment, the
5Department may file, or the Board may recommend to the
6Department to file, a complaint to immediately suspend, revoke,
7or otherwise discipline the license of the individual. An
8individual whose license was granted, continued, reinstated,
9renewed, disciplined or supervised subject to such terms,
10conditions, or restrictions, and who fails to comply with such
11terms, conditions, or restrictions, shall be referred to the
12Secretary for a determination as to whether the individual
13shall have his or her license suspended immediately, pending a
14hearing by the Department.
15 In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 30 days after
18the suspension and completed without appreciable delay. The
19Department and Board shall have the authority to review the
20subject individual's record of treatment and counseling
21regarding the impairment to the extent permitted by applicable
22federal statutes and regulations safeguarding the
23confidentiality of medical records.
24 An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department or Board that he or she can resume practice in

SB2439- 61 -LRB100 18051 XWW 33240 b
1compliance with acceptable and prevailing standards under the
2provisions of his or her license.
3 (f) A fine shall be paid within 60 days after the effective
4date of the order imposing the fine or in accordance with the
5terms set forth in the order imposing the fine.
6(Source: P.A. 100-372, eff. 8-25-17.)
7 Section 45. The Massage Licensing Act is amended by
8changing Section 45 as follows:
9 (225 ILCS 57/45)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 45. Grounds for discipline.
12 (a) The Department may refuse to issue or renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action, as the Department
15considers appropriate, including the imposition of fines not to
16exceed $10,000 for each violation, with regard to any license
17or licensee for any one or more of the following:
18 (1) violations of this Act or of the rules adopted
19 under this Act;
20 (2) conviction by plea of guilty or nolo contendere,
21 finding of guilt, jury verdict, or entry of judgment or by
22 sentencing of any crime, including, but not limited to,
23 convictions, preceding sentences of supervision,
24 conditional discharge, or first offender probation, under

SB2439- 62 -LRB100 18051 XWW 33240 b
1 the laws of any jurisdiction of the United States: (i) that
2 is a felony; or (ii) that is a misdemeanor, an essential
3 element of which is dishonesty, or that is directly related
4 to the practice of the profession;
5 (3) professional incompetence;
6 (4) advertising in a false, deceptive, or misleading
7 manner;
8 (5) aiding, abetting, assisting, procuring, advising,
9 employing, or contracting with any unlicensed person to
10 practice massage contrary to any rules or provisions of
11 this Act;
12 (6) engaging in immoral conduct in the commission of
13 any act, such as sexual abuse, sexual misconduct, or sexual
14 exploitation, related to the licensee's practice;
15 (7) engaging in dishonorable, unethical, or
16 unprofessional conduct of a character likely to deceive,
17 defraud, or harm the public;
18 (8) practicing or offering to practice beyond the scope
19 permitted by law or accepting and performing professional
20 responsibilities which the licensee knows or has reason to
21 know that he or she is not competent to perform;
22 (9) knowingly delegating professional responsibilities
23 to a person unqualified by training, experience, or
24 licensure to perform;
25 (10) failing to provide information in response to a
26 written request made by the Department within 60 days;

SB2439- 63 -LRB100 18051 XWW 33240 b
1 (11) having a habitual or excessive use of or addiction
2 to alcohol, narcotics, stimulants, or any other chemical
3 agent or drug which results in the inability to practice
4 with reasonable judgment, skill, or safety;
5 (12) having a pattern of practice or other behavior
6 that demonstrates incapacity or incompetence to practice
7 under this Act;
8 (13) discipline by another state, District of
9 Columbia, territory, or foreign nation, if at least one of
10 the grounds for the discipline is the same or substantially
11 equivalent to those set forth in this Section;
12 (14) a finding by the Department that the licensee,
13 after having his or her license placed on probationary
14 status, has violated the terms of probation;
15 (15) willfully making or filing false records or
16 reports in his or her practice, including, but not limited
17 to, false records filed with State agencies or departments;
18 (16) making a material misstatement in furnishing
19 information to the Department or otherwise making
20 misleading, deceptive, untrue, or fraudulent
21 representations in violation of this Act or otherwise in
22 the practice of the profession;
23 (17) fraud or misrepresentation in applying for or
24 procuring a license under this Act or in connection with
25 applying for renewal of a license under this Act;
26 (18) inability to practice the profession with

SB2439- 64 -LRB100 18051 XWW 33240 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, loss of motor
4 skill, or a mental illness or disability;
5 (19) charging for professional services not rendered,
6 including filing false statements for the collection of
7 fees for which services are not rendered;
8 (20) practicing under a false or, except as provided by
9 law, an assumed name; or
10 (21) cheating on or attempting to subvert the licensing
11 examination administered under this Act.
12 All fines shall be paid within 60 days of the effective
13date of the order imposing the fine.
14 (b) A person not licensed under this Act and engaged in the
15business of offering massage therapy services through others,
16shall not aid, abet, assist, procure, advise, employ, or
17contract with any unlicensed person to practice massage therapy
18contrary to any rules or provisions of this Act. A person
19violating this subsection (b) shall be treated as a licensee
20for the purposes of disciplinary action under this Section and
21shall be subject to cease and desist orders as provided in
22Section 90 of this Act.
23 (c) The Department shall revoke any license issued under
24this Act of any person who is convicted of prostitution, rape,
25sexual misconduct, or any crime that subjects the licensee to
26compliance with the requirements of the Sex Offender

SB2439- 65 -LRB100 18051 XWW 33240 b
1Registration Act and any such conviction shall operate as a
2permanent bar in the State of Illinois to practice as a massage
3therapist.
4 (d) The Department may refuse to issue or may suspend the
5license of any person who fails to file a tax return, to pay
6the tax, penalty, or interest shown in a filed tax return, or
7to pay any final assessment of tax, penalty, or interest, as
8required by any tax Act administered by the Illinois Department
9of Revenue, until such time as the requirements of the tax Act
10are satisfied in accordance with subsection (g) of Section
112105-15 of the Civil Administrative Code of Illinois.
12 (e) (Blank). The Department shall deny a license or renewal
13authorized by this Act to a person who has defaulted on an
14educational loan or scholarship provided or guaranteed by the
15Illinois Student Assistance Commission or any governmental
16agency of this State in accordance with item (5) of subsection
17(a) of Section 2105-15 of the Civil Administrative Code of
18Illinois.
19 (f) In cases where the Department of Healthcare and Family
20Services has previously determined that a licensee or a
21potential licensee is more than 30 days delinquent in the
22payment of child support and has subsequently certified the
23delinquency to the Department, the Department may refuse to
24issue or renew or may revoke or suspend that person's license
25or may take other disciplinary action against that person based
26solely upon the certification of delinquency made by the

SB2439- 66 -LRB100 18051 XWW 33240 b
1Department of Healthcare and Family Services in accordance with
2item (5) of subsection (a) of Section 2105-15 of the Civil
3Administrative Code of Illinois.
4 (g) The determination by a circuit court that a licensee is
5subject to involuntary admission or judicial admission, as
6provided in the Mental Health and Developmental Disabilities
7Code, operates as an automatic suspension. The suspension will
8end only upon a finding by a court that the patient is no
9longer subject to involuntary admission or judicial admission
10and the issuance of a court order so finding and discharging
11the patient.
12 (h) In enforcing this Act, the Department or Board, upon a
13showing of a possible violation, may compel an individual
14licensed to practice under this Act, or who has applied for
15licensure under this Act, to submit to a mental or physical
16examination, or both, as required by and at the expense of the
17Department. The Department or Board may order the examining
18physician to present testimony concerning the mental or
19physical 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. The examination

SB2439- 67 -LRB100 18051 XWW 33240 b
1shall be performed by a physician licensed to practice medicine
2in all its branches. Failure of an individual to submit to a
3mental or physical examination, when directed, shall result in
4an automatic suspension without hearing.
5 A person holding a license under this Act or who has
6applied for a license under this Act who, because of a physical
7or mental illness or disability, including, but not limited to,
8deterioration through the aging process or loss of motor skill,
9is unable to practice the profession with reasonable judgment,
10skill, or safety, may be required by the Department to submit
11to care, counseling, or treatment by physicians approved or
12designated by the Department as a condition, term, or
13restriction for continued, reinstated, or renewed licensure to
14practice. Submission to care, counseling, or treatment as
15required by the Department shall not be considered discipline
16of a license. If the licensee refuses to enter into a care,
17counseling, or treatment agreement or fails to abide by the
18terms of the agreement, the Department may file a complaint to
19revoke, suspend, or otherwise discipline the license of the
20individual. The Secretary may order the license suspended
21immediately, pending a hearing by the Department. Fines shall
22not be assessed in disciplinary actions involving physical or
23mental illness or impairment.
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 15 days after

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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. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
13 Section 50. The Naprapathic Practice Act is amended by
14changing Section 110 as follows:
15 (225 ILCS 63/110)
16 (Section scheduled to be repealed on January 1, 2023)
17 Sec. 110. Grounds for disciplinary action; refusal,
18revocation, suspension.
19 (a) The Department may refuse to issue or to renew, or may
20revoke, suspend, place on probation, reprimand or take other
21disciplinary or non-disciplinary action as the Department may
22deem appropriate, including imposing fines not to exceed
23$10,000 for each violation, with regard to any licensee or
24license for any one or combination of the following causes:

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1 (1) Violations of this Act or of rules adopted under
2 this Act.
3 (2) Material misstatement in furnishing information to
4 the Department.
5 (3) Conviction by plea of guilty or nolo contendere,
6 finding of guilt, jury verdict, or entry of judgment, or by
7 sentencing of any crime, including, but not limited to,
8 convictions, preceding sentences of supervision,
9 conditional discharge, or first offender probation, under
10 the laws of any jurisdiction of the United States: (i) that
11 is a felony or (ii) that is a misdemeanor, an essential
12 element of which is dishonesty, or that is directly related
13 to the practice of the profession.
14 (4) Fraud or any misrepresentation in applying for or
15 procuring a license under this Act or in connection with
16 applying for renewal of a license under this Act.
17 (5) Professional incompetence or gross negligence.
18 (6) Malpractice.
19 (7) Aiding or assisting another person in violating any
20 provision of this Act or its rules.
21 (8) Failing to provide information within 60 days in
22 response to a written request made by the Department.
23 (9) Engaging in dishonorable, unethical, or
24 unprofessional conduct of a character likely to deceive,
25 defraud, or harm the public.
26 (10) Habitual or excessive use or abuse of drugs

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1 defined in law as controlled substances, alcohol, or any
2 other substance which results in the inability to practice
3 with reasonable judgment, skill, or safety.
4 (11) Discipline by another U.S. jurisdiction or
5 foreign nation if at least one of the grounds for the
6 discipline is the same or substantially equivalent to those
7 set forth in this Act.
8 (12) Directly or indirectly giving to or receiving from
9 any person, firm, corporation, partnership, or association
10 any fee, commission, rebate, or other form of compensation
11 for any professional services not actually or personally
12 rendered. This shall not be deemed to include rent or other
13 remunerations paid to an individual, partnership, or
14 corporation by a naprapath for the lease, rental, or use of
15 space, owned or controlled by the individual, partnership,
16 corporation, or association. Nothing in this paragraph
17 (12) affects any bona fide independent contractor or
18 employment arrangements among health care professionals,
19 health facilities, health care providers, or other
20 entities, except as otherwise prohibited by law. Any
21 employment arrangements may include provisions for
22 compensation, health insurance, pension, or other
23 employment benefits for the provision of services within
24 the scope of the licensee's practice under this Act.
25 Nothing in this paragraph (12) shall be construed to
26 require an employment arrangement to receive professional

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1 fees for services rendered.
2 (13) Using the title "Doctor" or its abbreviation
3 without further clarifying that title or abbreviation with
4 the word "naprapath" or "naprapathy" or the designation
5 "D.N.".
6 (14) A finding by the Department that the licensee,
7 after having his or her license placed on probationary
8 status, has violated the terms of probation.
9 (15) Abandonment of a patient without cause.
10 (16) Willfully making or filing false records or
11 reports relating to a licensee's practice, including but
12 not limited to, false records filed with State agencies or
13 departments.
14 (17) Willfully failing to report an instance of
15 suspected child abuse or neglect as required by the Abused
16 and Neglected Child Reporting Act.
17 (18) Physical or mental illness or disability,
18 including, but not limited to, deterioration through the
19 aging process or loss of motor skill that results in the
20 inability to practice the profession with reasonable
21 judgment, skill, or safety.
22 (19) Solicitation of professional services by means
23 other than permitted advertising.
24 (20) Failure to provide a patient with a copy of his or
25 her record upon the written request of the patient.
26 (21) Cheating on or attempting to subvert the licensing

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1 examination administered under this Act.
2 (22) Allowing one's license under this Act to be used
3 by an unlicensed person in violation of this Act.
4 (23) (Blank).
5 (24) Being named as a perpetrator in an indicated
6 report by the Department of Children and Family Services
7 under the Abused and Neglected Child Reporting Act and upon
8 proof by clear and convincing evidence that the licensee
9 has caused a child to be an abused child or a neglected
10 child as defined in the Abused and Neglected Child
11 Reporting Act.
12 (25) Practicing under a false or, except as provided by
13 law, an assumed name.
14 (26) Immoral conduct in the commission of any act, such
15 as sexual abuse, sexual misconduct, or sexual
16 exploitation, related to the licensee's practice.
17 (27) Maintaining a professional relationship with any
18 person, firm, or corporation when the naprapath knows, or
19 should know, that the person, firm, or corporation is
20 violating this Act.
21 (28) Promotion of the sale of food supplements,
22 devices, appliances, or goods provided for a client or
23 patient in such manner as to exploit the patient or client
24 for financial gain of the licensee.
25 (29) Having treated ailments of human beings other than
26 by the practice of naprapathy as defined in this Act, or

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1 having treated ailments of human beings as a licensed
2 naprapath independent of a documented referral or
3 documented current and relevant diagnosis from a
4 physician, dentist, or podiatric physician, or having
5 failed to notify the physician, dentist, or podiatric
6 physician who established a documented current and
7 relevant diagnosis that the patient is receiving
8 naprapathic treatment pursuant to that diagnosis.
9 (30) Use by a registered naprapath of the word
10 "infirmary", "hospital", "school", "university", in
11 English or any other language, in connection with the place
12 where naprapathy may be practiced or demonstrated.
13 (31) Continuance of a naprapath in the employ of any
14 person, firm, or corporation, or as an assistant to any
15 naprapath or naprapaths, directly or indirectly, after his
16 or her employer or superior has been found guilty of
17 violating or has been enjoined from violating the laws of
18 the State of Illinois relating to the practice of
19 naprapathy when the employer or superior persists in that
20 violation.
21 (32) The performance of naprapathic service in
22 conjunction with a scheme or plan with another person,
23 firm, or corporation known to be advertising in a manner
24 contrary to this Act or otherwise violating the laws of the
25 State of Illinois concerning the practice of naprapathy.
26 (33) Failure to provide satisfactory proof of having

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1 participated in approved continuing education programs as
2 determined by and approved by the Secretary. Exceptions for
3 extreme hardships are to be defined by the rules of the
4 Department.
5 (34) (Blank).
6 (35) Gross or willful overcharging for professional
7 services.
8 (36) (Blank).
9 All fines imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the
11fine.
12 (b) The Department may refuse to issue or may suspend
13without hearing, as provided for in the Department of
14Professional Regulation Law of the Civil Administrative Code,
15the license of any person who fails to file a return, or pay
16the tax, penalty, or interest shown in a filed return, or pay
17any final assessment of the tax, penalty, or interest as
18required by any tax Act administered by the Illinois Department
19of Revenue, until such time as the requirements of any such tax
20Act are satisfied in accordance with subsection (g) of Section
212105-15 of the Department of Professional Regulation Law of the
22Civil Administrative Code of Illinois.
23 (c) (Blank). The Department shall deny a license or renewal
24authorized by this Act to a person who has defaulted on an
25educational loan or scholarship provided or guaranteed by the
26Illinois Student Assistance Commission or any governmental

SB2439- 75 -LRB100 18051 XWW 33240 b
1agency of this State in accordance with item (5) of subsection
2(a) of Section 2105-15 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois.
4 (d) In cases where the Department of Healthcare and Family
5Services has previously determined a licensee or a potential
6licensee is more than 30 days delinquent in the payment of
7child support and has subsequently certified the delinquency to
8the Department, the Department may refuse to issue or renew or
9may revoke or suspend that person's license or may take other
10disciplinary action against that person based solely upon the
11certification of delinquency made by the Department of
12Healthcare and Family Services in accordance with item (5) of
13subsection (a) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois.
16 (e) The determination by a circuit court that a licensee is
17subject to involuntary admission or judicial admission, as
18provided in the Mental Health and Developmental Disabilities
19Code, operates as an automatic suspension. The suspension shall
20end only upon a finding by a court that the patient is no
21longer subject to involuntary admission or judicial admission
22and the issuance of an order so finding and discharging the
23patient.
24 (f) In enforcing this Act, the Department, upon a showing
25of a possible violation, may compel an individual licensed to
26practice under this Act, or who has applied for licensure under

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

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1examining physician or any member of the multidisciplinary team
2to present testimony concerning the examination and evaluation
3of the licensee or applicant, including testimony concerning
4any supplemental testing or documents in any way related to the
5examination and evaluation. No information, report, record, or
6other documents in any way related to the examination and
7evaluation shall be excluded by reason of any common law or
8statutory privilege relating to communications between the
9licensee or applicant and the examining physician or any member
10of the multidisciplinary team. No authorization is necessary
11from the licensee or applicant ordered to undergo an evaluation
12and examination for the examining physician or any member of
13the multidisciplinary team to provide information, reports,
14records, or other documents or to provide any testimony
15regarding the examination and evaluation. The individual to be
16examined may have, at his or her own expense, another physician
17of his or her choice present during all aspects of this
18examination. Failure of an individual to submit to a mental or
19physical examination and evaluation, or both, when directed,
20shall result in an automatic suspension without hearing, until
21such time as the individual submits to the examination.
22 A person holding a license under this Act or who has
23applied for a license 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,

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1skill, or safety, may be required by the Department to submit
2to care, 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 a license. If the licensee refuses to enter into a care,
8counseling, or treatment agreement or fails to abide by the
9terms of the agreement, the Department may file a complaint to
10revoke, suspend, or otherwise discipline the license of the
11individual. The Secretary may order the license suspended
12immediately, pending a hearing by the Department. Fines shall
13not be assessed in disciplinary actions involving physical or
14mental illness or impairment.
15 In instances in which the Secretary immediately suspends a
16person's license under this Section, a hearing on that person's
17license must be convened by the Department within 15 days after
18the suspension and completed without appreciable delay. The
19Department shall have the authority to review the subject
20individual's record of treatment and counseling regarding the
21impairment to the extent permitted by applicable federal
22statutes and regulations safeguarding the confidentiality of
23medical records.
24 An individual licensed under this Act and affected under
25this Section shall be afforded an opportunity to demonstrate to
26the Department that he or she can resume practice in compliance

SB2439- 79 -LRB100 18051 XWW 33240 b
1with acceptable and prevailing standards under the provisions
2of his or her license.
3(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
498-463, eff. 8-16-13.)
5 Section 55. The Illinois Occupational Therapy Practice Act
6is amended by changing Section 19 as follows:
7 (225 ILCS 75/19) (from Ch. 111, par. 3719)
8 (Section scheduled to be repealed on January 1, 2024)
9 Sec. 19. Grounds for discipline.
10 (a) The Department may refuse to issue or renew, or may
11revoke, suspend, place on probation, reprimand or take other
12disciplinary or non-disciplinary action as the Department may
13deem proper, including imposing fines not to exceed $10,000 for
14each violation and the assessment of costs as provided under
15Section 19.3 of this Act, with regard to any license for any
16one or combination of the following:
17 (1) Material misstatement in furnishing information to
18 the Department;
19 (2) Violations of this Act, or of the rules promulgated
20 thereunder;
21 (3) Conviction by plea of guilty or nolo contendere,
22 finding of guilt, jury verdict, or entry of judgment or
23 sentencing of any crime, including, but not limited to,
24 convictions, preceding sentences of supervision,

SB2439- 80 -LRB100 18051 XWW 33240 b
1 conditional discharge, or first offender probation, under
2 the laws of any jurisdiction of the United States that is
3 (i) a felony or (ii) a misdemeanor, an essential element of
4 which is dishonesty, or that is directly related to the
5 practice of the profession;
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 substance 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;

SB2439- 81 -LRB100 18051 XWW 33240 b
1 (11) Directly or indirectly giving to or receiving from
2 any person, firm, corporation, partnership, or association
3 any fee, commission, rebate or other form of compensation
4 for professional services not actually or personally
5 rendered. Nothing in this paragraph (11) affects any bona
6 fide independent contractor or employment arrangements
7 among health care professionals, health facilities, health
8 care providers, or other entities, except as otherwise
9 prohibited by law. Any employment arrangements may include
10 provisions for compensation, health insurance, pension, or
11 other employment benefits for the provision of services
12 within the scope of the licensee's practice under this Act.
13 Nothing in this paragraph (11) shall be construed to
14 require an employment arrangement to receive professional
15 fees for services rendered;
16 (12) A finding by the Department that the license
17 holder, after having his license disciplined, has violated
18 the terms of the discipline;
19 (13) Wilfully making or filing false records or reports
20 in the practice of occupational therapy, including but not
21 limited to false records filed with the State agencies or
22 departments;
23 (14) Physical illness, including but not limited to,
24 deterioration through the aging process, or loss of motor
25 skill which results in the inability to practice under this
26 Act with reasonable judgment, skill, or safety;

SB2439- 82 -LRB100 18051 XWW 33240 b
1 (15) Solicitation of professional services other than
2 by permitted advertising;
3 (16) Allowing one's license under this Act to be used
4 by an unlicensed person in violation of this Act;
5 (17) Practicing under a false or, except as provided by
6 law, assumed name;
7 (18) Professional incompetence or gross negligence;
8 (19) Malpractice;
9 (20) Promotion of the sale of drugs, devices,
10 appliances, or goods provided for a patient in any manner
11 to exploit the client for financial gain of the licensee;
12 (21) Gross, willful, or continued overcharging for
13 professional services;
14 (22) Mental illness or disability that results in the
15 inability to practice under this Act with reasonable
16 judgment, skill, or safety;
17 (23) Violating the Health Care Worker Self-Referral
18 Act;
19 (24) Having treated patients other than by the practice
20 of occupational therapy as defined in this Act, or having
21 treated patients as a licensed occupational therapist
22 independent of a referral from a physician, advanced
23 practice registered nurse or physician assistant in
24 accordance with Section 3.1, dentist, podiatric physician,
25 or optometrist, or having failed to notify the physician,
26 advanced practice registered nurse, physician assistant,

SB2439- 83 -LRB100 18051 XWW 33240 b
1 dentist, podiatric physician, or optometrist who
2 established a diagnosis that the patient is receiving
3 occupational therapy pursuant to that diagnosis;
4 (25) Cheating on or attempting to subvert the licensing
5 examination administered under this Act; and
6 (26) Charging for professional services not rendered,
7 including filing false statements for the collection of
8 fees for which services are not rendered.
9 All fines imposed under this Section shall be paid within
1060 days after the effective date of the order imposing the fine
11or in accordance with the terms set forth in the order imposing
12the fine.
13 (b) The determination by a circuit court that a license
14holder is subject to involuntary admission or judicial
15admission as provided in the Mental Health and Developmental
16Disabilities Code, as now or hereafter amended, operates as an
17automatic suspension. Such suspension will end only upon a
18finding by a court that the patient is no longer subject to
19involuntary admission or judicial admission and an order by the
20court so finding and discharging the patient. In any case where
21a license is suspended under this provision, the licensee shall
22file a petition for restoration and shall include evidence
23acceptable to the Department that the licensee can resume
24practice in compliance with acceptable and prevailing
25standards of their profession.
26 (c) The Department may refuse to issue or may suspend

SB2439- 84 -LRB100 18051 XWW 33240 b
1without hearing, as provided for in the Code of Civil
2Procedure, the license of any person who fails to file a
3return, to pay the tax, penalty, or interest shown in a filed
4return, or to pay any final assessment of tax, penalty, or
5interest as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied in accordance
8with subsection (a) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois.
11 (d) In enforcing this Section, the Department, upon a
12showing of a possible violation, may compel any individual who
13is licensed under this Act or any individual who has applied
14for licensure to submit to a mental or physical examination or
15evaluation, or both, which may include a substance abuse or
16sexual offender evaluation, at the expense of the Department.
17The Department shall specifically designate the examining
18physician licensed to practice medicine in all of its branches
19or, if applicable, the multidisciplinary team involved in
20providing the mental or physical examination and evaluation.
21The multidisciplinary team shall be led by a physician licensed
22to practice medicine in all of its branches and may consist of
23one or more or a combination of physicians licensed to practice
24medicine in all of its branches, licensed chiropractic
25physicians, licensed clinical psychologists, licensed clinical
26social workers, licensed clinical professional counselors, and

SB2439- 85 -LRB100 18051 XWW 33240 b
1other professional and administrative staff. Any examining
2physician or member of the multidisciplinary team may require
3any person ordered to submit to an examination and evaluation
4pursuant to this Section to submit to any additional
5supplemental testing deemed necessary to complete any
6examination or evaluation process, including, but not limited
7to, blood testing, urinalysis, psychological testing, or
8neuropsychological testing.
9 The Department may order the examining physician or any
10member of the multidisciplinary team to provide to the
11Department any and all records, including business records,
12that relate to the examination and evaluation, including any
13supplemental testing performed. The Department may order the
14examining physician or any member of the multidisciplinary team
15to present testimony concerning this examination and
16evaluation of the licensee or applicant, including testimony
17concerning any supplemental testing or documents relating to
18the examination and evaluation. No information, report,
19record, or other documents in any way related to the
20examination and evaluation shall be excluded by reason of any
21common law or statutory privilege relating to communication
22between the licensee or applicant and the examining physician
23or any member of the multidisciplinary team. No authorization
24is necessary from the licensee or applicant ordered to undergo
25an evaluation and examination for the examining physician or
26any member of the multidisciplinary team to provide

SB2439- 86 -LRB100 18051 XWW 33240 b
1information, reports, records, or other documents or to provide
2any testimony regarding the examination and evaluation. The
3individual to be examined may have, at his or her own expense,
4another physician of his or her choice present during all
5aspects of the examination.
6 Failure of any individual to submit to mental or physical
7examination or evaluation, or both, when directed, shall result
8in an automatic suspension without hearing, until such time as
9the individual submits to the examination. If the Department
10finds a licensee unable to practice because of the reasons set
11forth in this Section, the Department shall require the
12licensee to submit to care, counseling, or treatment by
13physicians approved or designated by the Department as a
14condition for continued, reinstated, or renewed licensure.
15 When the Secretary immediately suspends a license under
16this Section, a hearing upon such person's license must be
17convened by the Department within 15 days after the suspension
18and completed without appreciable delay. The Department shall
19have the authority to review the licensee's record of treatment
20and counseling regarding the impairment to the extent permitted
21by applicable federal statutes and regulations safeguarding
22the confidentiality of medical records.
23 Individuals licensed under this Act that are affected under
24this Section, shall be afforded an opportunity to demonstrate
25to the Department that they can resume practice in compliance
26with acceptable and prevailing standards under the provisions

SB2439- 87 -LRB100 18051 XWW 33240 b
1of their license.
2 (e) (Blank). The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with paragraph (5) of
7subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10 (f) In cases where the Department of Healthcare and Family
11Services has previously determined a licensee or a potential
12licensee is more than 30 days delinquent in the payment of
13child support and has subsequently certified the delinquency to
14the Department, the Department may refuse to issue or renew or
15may revoke or suspend that person's license or may take other
16disciplinary action against that person based solely upon the
17certification of delinquency made by the Department of
18Healthcare and Family Services in accordance with paragraph (5)
19of subsection (a) of Section 2105-15 of the Department of
20Professional Regulation Law of the Civil Administrative Code of
21Illinois.
22(Source: P.A. 100-513, eff. 1-1-18.)
23 Section 60. The Orthotics, Prosthetics, and Pedorthics
24Practice Act is amended by changing Section 90 as follows:

SB2439- 88 -LRB100 18051 XWW 33240 b
1 (225 ILCS 84/90)
2 (Section scheduled to be repealed on January 1, 2020)
3 Sec. 90. Grounds for discipline.
4 (a) The Department may refuse to issue or renew a license,
5or may revoke or suspend a license, or may suspend, place on
6probation, or reprimand a licensee or take other disciplinary
7or non-disciplinary action as the Department may deem proper,
8including, but not limited to, the imposition of fines not to
9exceed $10,000 for each violation for one or any combination of
10the following:
11 (1) Making a material misstatement in furnishing
12 information to the Department or the Board.
13 (2) Violations of or negligent or intentional
14 disregard of this Act or its rules.
15 (3) Conviction of, or entry of a plea of guilty or nolo
16 contendere to any crime that is a felony under the laws of
17 the United States or any state or territory thereof or that
18 is a misdemeanor of which an essential element is
19 dishonesty, or any crime that is directly related to the
20 practice of the profession.
21 (4) Making a misrepresentation for the purpose of
22 obtaining a license.
23 (5) A pattern of practice or other behavior that
24 demonstrates incapacity or incompetence to practice under
25 this Act.
26 (6) Gross negligence under this Act.

SB2439- 89 -LRB100 18051 XWW 33240 b
1 (7) Aiding or assisting another person in violating a
2 provision of this Act or its rules.
3 (8) Failing to provide information within 60 days in
4 response to a written request made by the Department.
5 (9) Engaging in dishonorable, unethical, or
6 unprofessional conduct or conduct of a character likely to
7 deceive, defraud, or harm the public.
8 (10) Inability to practice with reasonable judgment,
9 skill, or safety as a result of habitual or excessive use
10 or addiction to alcohol, narcotics, stimulants, or any
11 other chemical agent or drug.
12 (11) Discipline by another state or territory of the
13 United States, the federal government, or foreign nation,
14 if at least one of the grounds for the discipline is the
15 same or substantially equivalent to one set forth in this
16 Section.
17 (12) Directly or indirectly giving to or receiving from
18 a person, firm, corporation, partnership, or association a
19 fee, commission, rebate, or other form of compensation for
20 professional services not actually or personally rendered.
21 Nothing in this paragraph (12) affects any bona fide
22 independent contractor or employment arrangements among
23 health care professionals, health facilities, health care
24 providers, or other entities, except as otherwise
25 prohibited by law. Any employment arrangements may include
26 provisions for compensation, health insurance, pension, or

SB2439- 90 -LRB100 18051 XWW 33240 b
1 other employment benefits for the provision of services
2 within the scope of the licensee's practice under this Act.
3 Nothing in this paragraph (12) shall be construed to
4 require an employment arrangement to receive professional
5 fees for services rendered.
6 (13) A finding by the Board that the licensee or
7 registrant, after having his or her license placed on
8 probationary status, has violated the terms of probation.
9 (14) Abandonment of a patient or client.
10 (15) Willfully making or filing false records or
11 reports in his or her practice including, but not limited
12 to, false records filed with State agencies or departments.
13 (16) Willfully failing to report an instance of
14 suspected child abuse or neglect as required by the Abused
15 and Neglected Child Reporting Act.
16 (17) Inability to practice the profession with
17 reasonable judgment, skill, or safety as a result of a
18 physical illness, including, but not limited to,
19 deterioration through the aging process or loss of motor
20 skill, or a mental illness or disability.
21 (18) Solicitation of professional services using false
22 or misleading advertising.
23 (b) In enforcing this Section, the Department or Board upon
24a showing of a possible violation, may compel a licensee or
25applicant to submit to a mental or physical examination, or
26both, as required by and at the expense of the Department. The

SB2439- 91 -LRB100 18051 XWW 33240 b
1Department or Board may order the examining physician to
2present testimony concerning the mental or physical
3examination of the licensee or applicant. No information shall
4be excluded by reason of any common law or statutory privilege
5relating to communications between the licensee or applicant
6and the examining physician. The examining physicians shall be
7specifically designated by the Board or Department. The
8individual to be examined may have, at his or her own expense,
9another physician of his or her choice present during all
10aspects of this examination. Failure of an individual to submit
11to a mental or physical examination, when directed, shall be
12grounds for the immediate suspension of his or her license
13until the individual submits to the examination if the
14Department finds that the refusal to submit to the examination
15was without reasonable cause as defined by rule.
16 In instances in which the Secretary immediately suspends a
17person's license for his or her failure to submit to a mental
18or physical examination, when directed, a hearing on that
19person's license must be convened by the Department within 15
20days after the suspension and completed without appreciable
21delay.
22 In instances in which the Secretary otherwise suspends a
23person's license pursuant to the results of a compelled mental
24or physical examination, a hearing on that person's license
25must be convened by the Department within 15 days after the
26suspension and completed without appreciable delay. The

SB2439- 92 -LRB100 18051 XWW 33240 b
1Department and Board shall have the authority to review the
2subject individual's record of treatment and counseling
3regarding the impairment to the extent permitted by applicable
4federal statutes and regulations safeguarding the
5confidentiality of medical records.
6 An individual licensed under this Act and affected under
7this Section shall be afforded an opportunity to demonstrate to
8the Department or Board that he or she can resume practice in
9compliance with acceptable and prevailing standards under the
10provisions of his or her license.
11 (c) (Blank). The Department shall deny a license or renewal
12authorized by this Act to a person who has defaulted on an
13educational loan or scholarship provided or guaranteed by the
14Illinois Student Assistance Commission or any governmental
15agency of this State in accordance with subsection (a)(5) of
16Section 2105-15 of the Department of Professional Regulation
17Law of the Civil Administrative Code of Illinois (20 ILCS
182105/2105-15).
19 (d) In cases where the Department of Healthcare and Family
20Services (formerly Department of Public Aid) has previously
21determined that a licensee or a potential licensee is more than
2230 days delinquent in the payment of child support and has
23subsequently certified the delinquency to the Department, the
24Department may refuse to issue or renew or may revoke or
25suspend that person's license or may take other disciplinary
26action against that person based solely upon the certification

SB2439- 93 -LRB100 18051 XWW 33240 b
1of delinquency made by the Department of Healthcare and Family
2Services in accordance with subsection (a)(5) of Section
32105-15 of the Department of Professional Regulation Law of the
4Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
5 (e) The Department may refuse to issue or renew a license,
6or may revoke or suspend a license, for failure to file a
7return, to pay the tax, penalty, or interest shown in a filed
8return, or to pay any final assessment of tax, penalty, or
9interest as required by any tax Act administered by the
10Department of Revenue, until such time as the requirements of
11the tax Act are satisfied in accordance with subsection (g) of
12Section 2105-15 of the Department of Professional Regulation
13Law of the Civil Administrative Code of Illinois (20 ILCS
142105/2105-15).
15(Source: P.A. 98-756, eff. 7-16-14.)
16 Section 65. The Professional Counselor and Clinical
17Professional Counselor Licensing and Practice Act is amended by
18changing Section 80 as follows:
19 (225 ILCS 107/80)
20 (Section scheduled to be repealed on January 1, 2023)
21 Sec. 80. Grounds for discipline.
22 (a) The Department may refuse to issue, renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action as the Department

SB2439- 94 -LRB100 18051 XWW 33240 b
1deems appropriate, including the issuance of fines not to
2exceed $10,000 for each violation, with regard to any license
3for any one or more of the following:
4 (1) Material misstatement in furnishing information to
5 the Department or to any other State agency.
6 (2) Violations or negligent or intentional disregard
7 of this Act or rules adopted under this Act.
8 (3) Conviction by plea of guilty or nolo contendere,
9 finding of guilt, jury verdict, or entry of judgment or by
10 sentencing of any crime, including, but not limited to,
11 convictions, preceding sentences of supervision,
12 conditional discharge, or first offender probation, under
13 the laws of any jurisdiction of the United States: (i) that
14 is a felony or (ii) that is a misdemeanor, an essential
15 element of which is dishonesty, or that is directly related
16 to the practice of the profession.
17 (4) Fraud or any misrepresentation in applying for or
18 procuring a license under this Act or in connection with
19 applying for renewal of a license under this Act.
20 (5) Professional incompetence or gross negligence in
21 the rendering of professional counseling or clinical
22 professional counseling services.
23 (6) Malpractice.
24 (7) Aiding or assisting another person in violating any
25 provision of this Act or any rules.
26 (8) Failing to provide information within 60 days in

SB2439- 95 -LRB100 18051 XWW 33240 b
1 response to a written request made by the Department.
2 (9) Engaging in dishonorable, unethical, or
3 unprofessional conduct of a character likely to deceive,
4 defraud, or harm the public and violating the rules of
5 professional conduct adopted by the Department.
6 (10) Habitual or excessive use or abuse of drugs as
7 defined in law as controlled substances, alcohol, or any
8 other substance which results in inability to practice with
9 reasonable skill, judgment, or safety.
10 (11) Discipline by another jurisdiction, the District
11 of Columbia, territory, county, or governmental agency, if
12 at least one of the grounds for the discipline is the same
13 or substantially equivalent to those set forth in this
14 Section.
15 (12) Directly or indirectly giving to or receiving from
16 any person, firm, corporation, partnership, or association
17 any fee, commission, rebate or other form of compensation
18 for any professional service not actually rendered.
19 Nothing in this paragraph (12) affects any bona fide
20 independent contractor or employment arrangements among
21 health care professionals, health facilities, health care
22 providers, or other entities, except as otherwise
23 prohibited by law. Any employment arrangements may include
24 provisions for compensation, health insurance, pension, or
25 other employment benefits for the provision of services
26 within the scope of the licensee's practice under this Act.

SB2439- 96 -LRB100 18051 XWW 33240 b
1 Nothing in this paragraph (12) shall be construed to
2 require an employment arrangement to receive professional
3 fees for services rendered.
4 (13) A finding by the Board that the licensee, after
5 having the license placed on probationary status, has
6 violated the terms of probation.
7 (14) Abandonment of a client.
8 (15) Willfully filing false reports relating to a
9 licensee's practice, including but not limited to false
10 records filed with federal or State agencies or
11 departments.
12 (16) Willfully failing to report an instance of
13 suspected child abuse or neglect as required by the Abused
14 and Neglected Child Reporting Act and in matters pertaining
15 to suspected abuse, neglect, financial exploitation, or
16 self-neglect of adults with disabilities and older adults
17 as set forth in the Adult Protective Services Act.
18 (17) Being named as a perpetrator in an indicated
19 report by the Department of Children and Family Services
20 pursuant to the Abused and Neglected Child Reporting Act,
21 and upon proof by clear and convincing evidence that the
22 licensee has caused a child to be an abused child or
23 neglected child as defined in the Abused and Neglected
24 Child Reporting Act.
25 (18) Physical or mental illness or disability,
26 including, but not limited to, deterioration through the

SB2439- 97 -LRB100 18051 XWW 33240 b
1 aging process or loss of abilities and skills which results
2 in the inability to practice the profession with reasonable
3 judgment, skill, or safety.
4 (19) Solicitation of professional services by using
5 false or misleading advertising.
6 (20) Allowing one's license under this Act to be used
7 by an unlicensed person in violation of this Act.
8 (21) A finding that licensure has been applied for or
9 obtained by fraudulent means.
10 (22) Practicing under a false or, except as provided by
11 law, an assumed name.
12 (23) Gross and willful overcharging for professional
13 services including filing statements for collection of
14 fees or monies for which services are not rendered.
15 (24) Rendering professional counseling or clinical
16 professional counseling services without a license or
17 practicing outside the scope of a license.
18 (25) Clinical supervisors failing to adequately and
19 responsibly monitor supervisees.
20 All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the
22fine.
23 (b) (Blank). The Department shall deny, without hearing,
24any application or renewal for a license under this Act to any
25person who has defaulted on an educational loan guaranteed by
26the Illinois Student Assistance Commission or any governmental

SB2439- 98 -LRB100 18051 XWW 33240 b
1agency of this State in accordance with item (5) of subsection
2(a) of Section 2105-15 of the Department of Professional
3Regulation Law of the Civil Administrative Code of Illinois.
4 (b-5) The Department may refuse to issue or may suspend
5without hearing, as provided for in the Code of Civil
6Procedure, the license of any person who fails to file a
7return, pay the tax, penalty, or interest shown in a filed
8return, or pay any final assessment of the tax, penalty, or
9interest as required by any tax Act administered by the
10Illinois Department of Revenue, until such time as the
11requirements of any such tax Act are satisfied in accordance
12with subsection (g) of Section 2105-15 of the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois.
15 (b-10) In cases where the Department of Healthcare and
16Family Services has previously determined a licensee or a
17potential licensee is more than 30 days delinquent in the
18payment of child support and has subsequently certified the
19delinquency to the Department, the Department may refuse to
20issue or renew or may revoke or suspend that person's license
21or may take other disciplinary action against that person based
22solely upon the certification of delinquency made by the
23Department of Healthcare and Family Services in accordance with
24item (5) of subsection (a) of Section 2105-15 of the Department
25of Professional Regulation Law of the Civil Administrative Code
26of Illinois.

SB2439- 99 -LRB100 18051 XWW 33240 b
1 (c) The determination by a court that a licensee is subject
2to involuntary admission or judicial admission as provided in
3the Mental Health and Developmental Disabilities Code will
4result in an automatic suspension of his or her license. The
5suspension will end upon a finding by a court that the licensee
6is no longer subject to involuntary admission or judicial
7admission, the issuance of an order so finding and discharging
8the patient, and the recommendation of the Board to the
9Secretary that the licensee be allowed to resume professional
10practice.
11 (c-5) In enforcing this Act, the Department, upon a showing
12of a possible violation, may compel an individual licensed to
13practice under this Act, or who has applied for licensure under
14this Act, to submit to a mental or physical examination, or
15both, as required by and at the expense of the Department. The
16Department may order the examining physician to present
17testimony concerning the mental or physical examination of the
18licensee or applicant. No information shall be excluded by
19reason of any common law or statutory privilege relating to
20communications between the licensee or applicant and the
21examining physician. The examining physicians shall be
22specifically designated by the Department. The individual to be
23examined may have, at his or her own expense, another physician
24of his or her choice present during all aspects of this
25examination. The examination shall be performed by a physician
26licensed to practice medicine in all its branches. Failure of

SB2439- 100 -LRB100 18051 XWW 33240 b
1an individual to submit to a mental or physical examination,
2when directed, shall result in an automatic suspension without
3hearing.
4 A person holding a license under this Act or who has
5applied for a license under this Act who, because of a physical
6or mental illness or disability, including, but not limited to,
7deterioration through the aging process or loss of motor skill,
8is unable to practice the profession with reasonable judgment,
9skill, or safety, may be required by the Department to submit
10to care, counseling, or treatment by physicians approved or
11designated by the Department as a condition, term, or
12restriction for continued, reinstated, or renewed licensure to
13practice. Submission to care, counseling, or treatment as
14required by the Department shall not be considered discipline
15of a license. If the licensee refuses to enter into a care,
16counseling, or treatment agreement or fails to abide by the
17terms of the agreement, the Department may file a complaint to
18revoke, suspend, or otherwise discipline the license of the
19individual. The Secretary may order the license suspended
20immediately, pending a hearing by the Department. Fines shall
21not be assessed in disciplinary actions involving physical or
22mental illness or impairment.
23 In instances in which the Secretary immediately suspends a
24person's license under this Section, a hearing on that person's
25license must be convened by the Department within 15 days after
26the suspension and completed without appreciable delay. The

SB2439- 101 -LRB100 18051 XWW 33240 b
1Department shall have the authority to review the subject
2individual's record of treatment and counseling regarding the
3impairment to the extent permitted by applicable federal
4statutes and regulations safeguarding the confidentiality of
5medical records.
6 An individual licensed under this Act and affected under
7this Section shall be afforded an opportunity to demonstrate to
8the Department that he or she can resume practice in compliance
9with acceptable and prevailing standards under the provisions
10of his or her license.
11 (d) (Blank).
12(Source: P.A. 100-201, eff. 8-18-17.)
13 Section 70. The Sex Offender Evaluation and Treatment
14Provider Act is amended by changing Section 75 as follows:
15 (225 ILCS 109/75)
16 Sec. 75. Refusal, revocation, or suspension.
17 (a) The Department may refuse to issue or renew, or may
18revoke, suspend, place on probation, reprimand, or take other
19disciplinary or nondisciplinary action, as the Department
20considers appropriate, including the imposition of fines not to
21exceed $10,000 for each violation, with regard to any license
22or licensee for any one or more of the following:
23 (1) violations of this Act or of the rules adopted
24 under this Act;

SB2439- 102 -LRB100 18051 XWW 33240 b
1 (2) discipline by the Department under other state law
2 and rules which the licensee is subject to;
3 (3) conviction by plea of guilty or nolo contendere,
4 finding of guilt, jury verdict, or entry of judgment or by
5 sentencing for any crime, including, but not limited to,
6 convictions, preceding sentences of supervision,
7 conditional discharge, or first offender probation, under
8 the laws of any jurisdiction of the United States: (i) that
9 is a felony; or (ii) that is a misdemeanor, an essential
10 element of which is dishonesty, or that is directly related
11 to the practice of the profession;
12 (4) professional incompetence;
13 (5) advertising in a false, deceptive, or misleading
14 manner;
15 (6) aiding, abetting, assisting, procuring, advising,
16 employing, or contracting with any unlicensed person to
17 provide sex offender evaluation or treatment services
18 contrary to any rules or provisions of this Act;
19 (7) engaging in immoral conduct in the commission of
20 any act, such as sexual abuse, sexual misconduct, or sexual
21 exploitation, related to the licensee's practice;
22 (8) engaging in dishonorable, unethical, or
23 unprofessional conduct of a character likely to deceive,
24 defraud, or harm the public;
25 (9) practicing or offering to practice beyond the scope
26 permitted by law or accepting and performing professional

SB2439- 103 -LRB100 18051 XWW 33240 b
1 responsibilities which the licensee knows or has reason to
2 know that he or she is not competent to perform;
3 (10) knowingly delegating professional
4 responsibilities to a person unqualified by training,
5 experience, or licensure to perform;
6 (11) failing to provide information in response to a
7 written request made by the Department within 60 days;
8 (12) having a habitual or excessive use of or addiction
9 to alcohol, narcotics, stimulants, or any other chemical
10 agent or drug which results in the inability to practice
11 with reasonable judgment, skill, or safety;
12 (13) having a pattern of practice or other behavior
13 that demonstrates incapacity or incompetence to practice
14 under this Act;
15 (14) discipline by another state, District of
16 Columbia, territory, or foreign nation, if at least one of
17 the grounds for the discipline is the same or substantially
18 equivalent to those set forth in this Section;
19 (15) a finding by the Department that the licensee,
20 after having his or her license placed on probationary
21 status, has violated the terms of probation;
22 (16) willfully making or filing false records or
23 reports in his or her practice, including, but not limited
24 to, false records filed with State agencies or departments;
25 (17) making a material misstatement in furnishing
26 information to the Department or otherwise making

SB2439- 104 -LRB100 18051 XWW 33240 b
1 misleading, deceptive, untrue, or fraudulent
2 representations in violation of this Act or otherwise in
3 the practice of the profession;
4 (18) fraud or misrepresentation in applying for or
5 procuring a license under this Act or in connection with
6 applying for renewal of a license under this Act;
7 (19) inability to practice the profession with
8 reasonable judgment, skill, or safety as a result of
9 physical illness, including, but not limited to,
10 deterioration through the aging process, loss of motor
11 skill, or a mental illness or disability;
12 (20) charging for professional services not rendered,
13 including filing false statements for the collection of
14 fees for which services are not rendered; or
15 (21) practicing under a false or, except as provided by
16 law, an assumed name.
17 All fines shall be paid within 60 days of the effective
18date of the order imposing the fine.
19 (b) The Department may refuse to issue or may suspend the
20license of any person who fails to file a tax return, to pay
21the tax, penalty, or interest shown in a filed tax 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 the tax Act
25are satisfied in accordance with subsection (g) of Section
262105-15 of the Civil Administrative Code of Illinois.

SB2439- 105 -LRB100 18051 XWW 33240 b
1 (c) (Blank). The Department shall deny a license or renewal
2authorized by this Act to a person who has defaulted on an
3educational loan or scholarship provided or guaranteed by the
4Illinois Student Assistance Commission or any governmental
5agency of this State in accordance with item (5) of subsection
6(a) of Section 2105-15 of the Civil Administrative Code of
7Illinois.
8 (d) In cases where the Department of Healthcare and Family
9Services has previously determined that a licensee or a
10potential licensee is more than 30 days delinquent in the
11payment of child support and has subsequently certified the
12delinquency to the Department, the Department may refuse to
13issue or renew or may revoke or suspend that person's license
14or may take other disciplinary action against that person based
15solely upon the certification of delinquency made by the
16Department of Healthcare and Family Services in accordance with
17item (5) of subsection (a) of Section 2105-15 of the Civil
18Administrative Code of Illinois.
19 (e) The determination by a circuit court that a licensee is
20subject to involuntary admission or judicial admission, as
21provided in the Mental Health and Developmental Disabilities
22Code, operates as an automatic suspension. The suspension will
23end only upon a finding by a court that the patient is no
24longer subject to involuntary admission or judicial admission
25and the issuance of a court order so finding and discharging
26the patient.

SB2439- 106 -LRB100 18051 XWW 33240 b
1 (f) In enforcing this Act, the Department or Board, upon a
2showing of a possible violation, may compel an individual
3licensed to practice under this Act, or who has applied for
4licensure under this Act, to submit to a mental or physical
5examination, or both, as required by and at the expense of the
6Department. The Department or Board may order the examining
7physician to present testimony concerning the mental or
8physical examination of the licensee or applicant. No
9information shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician. The
12examining physician shall be specifically designated by the
13Board or Department. The individual to be examined may have, at
14his or her own expense, another physician of his or her choice
15present during all aspects of this examination. The examination
16shall be performed by a physician licensed to practice medicine
17in all its branches. Failure of an individual to submit to a
18mental or physical examination, when directed, shall result in
19an automatic suspension without hearing.
20 A person holding a license under this Act or who has
21applied for a license under this Act who, because of a physical
22or mental illness or disability, including, but not limited to,
23deterioration through the aging process or loss of motor skill,
24is unable to practice the profession with reasonable judgment,
25skill, or safety, may be required by the Department to submit
26to care, counseling, or treatment by physicians approved or

SB2439- 107 -LRB100 18051 XWW 33240 b
1designated by the Department as a condition, term, or
2restriction for continued, reinstated, or renewed licensure to
3practice. Submission to care, counseling, or treatment as
4required by the Department shall not be considered discipline
5of a license. If the licensee refuses to enter into a care,
6counseling, or treatment agreement or fails to abide by the
7terms of the agreement, the Department may file a complaint to
8revoke, suspend, or otherwise discipline the license of the
9individual. The Secretary may order the license suspended
10immediately, pending a hearing by the Department. Fines shall
11not be assessed in disciplinary actions involving physical or
12mental illness or impairment.
13 In instances in which the Secretary immediately suspends a
14person's license under this Section, a hearing on that person's
15license must be convened by the Department within 15 days after
16the suspension and completed without appreciable delay. The
17Department and Board shall have the authority to review the
18subject individual's record of treatment and counseling
19regarding the impairment to the extent permitted by applicable
20federal statutes and regulations safeguarding the
21confidentiality of medical records.
22 An individual licensed under this Act and subject to action
23under this Section shall be afforded an opportunity to
24demonstrate to the Department or Board that he or she can
25resume practice in compliance with acceptable and prevailing
26standards under the provisions of his or her license.

SB2439- 108 -LRB100 18051 XWW 33240 b
1(Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)
2 Section 75. The Illinois Speech-Language Pathology and
3Audiology Practice Act is amended by changing Section 16 as
4follows:
5 (225 ILCS 110/16) (from Ch. 111, par. 7916)
6 (Section scheduled to be repealed on January 1, 2028)
7 Sec. 16. Refusal, revocation or suspension of licenses.
8 (1) The Department may refuse to issue or renew, or may
9revoke, suspend, place on probation, censure, reprimand or take
10other disciplinary or non-disciplinary action as the
11Department may deem proper, including fines not to exceed
12$10,000 for each violation, with regard to any license for any
13one or combination of the following causes:
14 (a) Fraud in procuring the license.
15 (b) (Blank).
16 (c) Willful or repeated violations of the rules of the
17 Department of Public Health.
18 (d) Division of fees or agreeing to split or divide the
19 fees received for speech-language pathology or audiology
20 services with any person for referring an individual, or
21 assisting in the care or treatment of an individual,
22 without the knowledge of the individual or his or her legal
23 representative. Nothing in this paragraph (d) affects any
24 bona fide independent contractor or employment

SB2439- 109 -LRB100 18051 XWW 33240 b
1 arrangements among health care professionals, health
2 facilities, health care providers, or other entities,
3 except as otherwise prohibited by law. Any employment
4 arrangements may include provisions for compensation,
5 health insurance, pension, or other employment benefits
6 for the provision of services within the scope of the
7 licensee's practice under this Act. Nothing in this
8 paragraph (d) shall be construed to require an employment
9 arrangement to receive professional fees for services
10 rendered.
11 (e) Employing, procuring, inducing, aiding or abetting
12 a person not licensed as a speech-language pathologist or
13 audiologist to engage in the unauthorized practice of
14 speech-language pathology or audiology.
15 (e-5) Employing, procuring, inducing, aiding, or
16 abetting a person not licensed as a speech-language
17 pathology assistant to perform the functions and duties of
18 a speech-language pathology assistant.
19 (f) Making any misrepresentations or false promises,
20 directly or indirectly, to influence, persuade or induce
21 patronage.
22 (g) Professional connection or association with, or
23 lending his or her name to another for the illegal practice
24 of speech-language pathology or audiology by another, or
25 professional connection or association with any person,
26 firm or corporation holding itself out in any manner

SB2439- 110 -LRB100 18051 XWW 33240 b
1 contrary to this Act.
2 (h) Obtaining or seeking to obtain checks, money, or
3 any other things of value by false or fraudulent
4 representations, including but not limited to, engaging in
5 such fraudulent practice to defraud the medical assistance
6 program of the Department of Healthcare and Family Services
7 (formerly Department of Public Aid).
8 (i) Practicing under a name other than his or her own.
9 (j) Improper, unprofessional or dishonorable conduct
10 of a character likely to deceive, defraud or harm the
11 public.
12 (k) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or
14 sentencing, including, but not limited to, convictions,
15 preceding sentences of supervision, conditional discharge,
16 or first offender probation, under the laws of any
17 jurisdiction of the United States that is (i) a felony or
18 (ii) a misdemeanor, an essential element of which is
19 dishonesty, or that is directly related to the practice of
20 the profession.
21 (1) Permitting a person under his or her supervision to
22 perform any function not authorized by this Act.
23 (m) A violation of any provision of this Act or rules
24 promulgated thereunder.
25 (n) Discipline by another state, the District of
26 Columbia, territory, or foreign nation of a license to

SB2439- 111 -LRB100 18051 XWW 33240 b
1 practice speech-language pathology or audiology or a
2 license to practice as a speech-language pathology
3 assistant in its jurisdiction if at least one of the
4 grounds for that discipline is the same as or the
5 equivalent of one of the grounds for discipline set forth
6 herein.
7 (o) Willfully failing to report an instance of
8 suspected child abuse or neglect as required by the Abused
9 and Neglected Child Reporting Act.
10 (p) Gross or repeated malpractice.
11 (q) Willfully making or filing false records or reports
12 in his or her practice as a speech-language pathologist,
13 speech-language pathology assistant, or audiologist,
14 including, but not limited to, false records to support
15 claims against the public assistance program of the
16 Department of Healthcare and Family Services (formerly
17 Illinois Department of Public Aid).
18 (r) Professional incompetence as manifested by poor
19 standards of care or mental incompetence as declared by a
20 court of competent jurisdiction.
21 (s) Repeated irregularities in billing a third party
22 for services rendered to an individual. For purposes of
23 this Section, "irregularities in billing" shall include:
24 (i) reporting excessive charges for the purpose of
25 obtaining a total payment in excess of that usually
26 received by the speech-language pathologist,

SB2439- 112 -LRB100 18051 XWW 33240 b
1 speech-language pathology assistant, or audiologist
2 for the services rendered;
3 (ii) reporting charges for services not rendered;
4 or
5 (iii) incorrectly reporting services rendered for
6 the purpose of obtaining payment not earned.
7 (t) (Blank).
8 (u) Violation of the Health Care Worker Self-Referral
9 Act.
10 (v) Inability to practice with reasonable judgment,
11 skill, or safety as a result of habitual or excessive use
12 of or addiction to alcohol, narcotics, or stimulants or any
13 other chemical agent or drug or as a result of physical
14 illness, including, but not limited to, deterioration
15 through the aging process or loss of motor skill, mental
16 illness, or disability.
17 (w) Violation of the Hearing Instrument Consumer
18 Protection Act.
19 (x) Failure by a speech-language pathology assistant
20 and supervising speech-language pathologist to comply with
21 the supervision requirements set forth in Section 8.8.
22 (y) Willfully exceeding the scope of duties
23 customarily undertaken by speech-language pathology
24 assistants set forth in Section 8.7 that results in, or may
25 result in, harm to the public.
26 (z) Willfully failing to report an instance of

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1 suspected abuse, neglect, financial exploitation, or
2 self-neglect of an eligible adult as defined in and
3 required by the Adult Protective Services Act.
4 (aa) Being named as a perpetrator in an indicated
5 report by the Department on Aging under the Adult
6 Protective Services Act, and upon proof by clear and
7 convincing evidence that the licensee has caused an
8 eligible adult to be abused, neglected, or financially
9 exploited as defined in the Adult Protective Services Act.
10 (bb) Violating Section 8.2 of this Act.
11 (cc) Violating Section 8.3 of this Act.
12 (2) (Blank). The Department shall deny a license or renewal
13authorized by this Act to any person who has defaulted on an
14educational loan guaranteed by the Illinois State Scholarship
15Commission; however, the Department may issue a license or
16renewal if the aforementioned persons have established a
17satisfactory repayment record as determined by the Illinois
18State Scholarship Commission.
19 (3) The entry of an order by a circuit court establishing
20that any person holding a license under this Act is subject to
21involuntary admission or judicial admission as provided for in
22the Mental Health and Developmental Disabilities Code,
23operates as an automatic suspension of that license. That
24person may have his or her license restored only upon the
25determination by a circuit court that the patient is no longer
26subject to involuntary admission or judicial admission and the

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1issuance of an order so finding and discharging the patient,
2and upon the Board's recommendation to the Department that the
3license be restored. Where the circumstances so indicate, the
4Board may recommend to the Department that it require an
5examination prior to restoring any license automatically
6suspended under this subsection.
7 (4) The Department may refuse to issue or may suspend the
8license of any person who fails to file a return, or to pay the
9tax, penalty, or interest shown in a filed return, or to pay
10any final assessment of the tax penalty or interest, as
11required by any tax Act administered by the Department of
12Revenue, until such time as the requirements of any such tax
13Act are satisfied.
14 (5) In enforcing this Section, the Board upon a showing of
15a possible violation may compel an individual licensed to
16practice under this Act, or who has applied for licensure
17pursuant to this Act, to submit to a mental or physical
18examination, or both, as required by and at the expense of the
19Department. The examining physicians or clinical psychologists
20shall be those specifically designated by the Board. The
21individual to be examined may have, at his or her own expense,
22another physician or clinical psychologist of his or her choice
23present during all aspects of this examination. Failure of any
24individual to submit to a mental or physical examination, when
25directed, shall be grounds for suspension of his or her license
26until the individual submits to the examination if the Board

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

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1records.
2 An individual licensed under this Act and affected under
3this Section shall be afforded an opportunity to demonstrate to
4the Board that he or she can resume practice in compliance with
5acceptable and prevailing standards under the provisions of his
6or her license.
7(Source: P.A. 100-530, eff. 1-1-18.)
8 Section 80. The Veterinary Medicine and Surgery Practice
9Act of 2004 is amended by changing Section 25 as follows:
10 (225 ILCS 115/25) (from Ch. 111, par. 7025)
11 (Section scheduled to be repealed on January 1, 2024)
12 Sec. 25. Disciplinary actions.
13 1. The Department may refuse to issue or renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary or non-disciplinary action as the Department may
16deem appropriate, including imposing fines not to exceed
17$10,000 for each violation and the assessment of costs as
18provided for in Section 25.3 of this Act, with regard to any
19license or certificate for any one or combination of the
20following:
21 A. Material misstatement in furnishing information to
22 the Department.
23 B. Violations of this Act, or of the rules adopted
24 pursuant to this Act.

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1 C. Conviction by plea of guilty or nolo contendere,
2 finding of guilt, jury verdict, or entry of judgment or by
3 sentencing of any crime, including, but not limited to,
4 convictions, preceding sentences of supervision,
5 conditional discharge, or first offender probation, under
6 the laws of any jurisdiction of the United States that is
7 (i) a felony or (ii) a misdemeanor, an essential element of
8 which is dishonesty, or that is directly related to the
9 practice of the profession.
10 D. Fraud or any misrepresentation in applying for or
11 procuring a license under this Act or in connection with
12 applying for renewal of a license under this Act.
13 E. Professional incompetence.
14 F. Malpractice.
15 G. Aiding or assisting another person in violating any
16 provision of this Act or rules.
17 H. Failing, within 60 days, to provide information in
18 response to a written request made by the Department.
19 I. Engaging in dishonorable, unethical, or
20 unprofessional conduct of a character likely to deceive,
21 defraud, or harm the public.
22 J. Habitual or excessive use or abuse of drugs defined
23 in law as controlled substances, alcohol, or any other
24 substance that results in the inability to practice with
25 reasonable judgment, skill, or safety.
26 K. Discipline by another state, unit of government,

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1 government agency, District of Columbia, territory, or
2 foreign nation, if at least one of the grounds for the
3 discipline is the same or substantially equivalent to those
4 set forth herein.
5 L. Charging for professional services not rendered,
6 including filing false statements for the collection of
7 fees for which services are not rendered.
8 M. A finding by the Board that the licensee or
9 certificate holder, after having his license or
10 certificate placed on probationary status, has violated
11 the terms of probation.
12 N. Willfully making or filing false records or reports
13 in his practice, including but not limited to false records
14 filed with State agencies or departments.
15 O. Physical illness, including but not limited to,
16 deterioration through the aging process, or loss of motor
17 skill which results in the inability to practice under this
18 Act with reasonable judgment, skill, or safety.
19 P. Solicitation of professional services other than
20 permitted advertising.
21 Q. Allowing one's license under this Act to be used by
22 an unlicensed person in violation of this Act.
23 R. Conviction of or cash compromise of a charge or
24 violation of the Harrison Act or the Illinois Controlled
25 Substances Act, regulating narcotics.
26 S. Fraud or dishonesty in applying, treating, or

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1 reporting on tuberculin or other biological tests.
2 T. Failing to report, as required by law, or making
3 false report of any contagious or infectious diseases.
4 U. Fraudulent use or misuse of any health certificate,
5 shipping certificate, brand inspection certificate, or
6 other blank forms used in practice that might lead to the
7 dissemination of disease or the transportation of diseased
8 animals dead or alive; or dilatory methods, willful
9 neglect, or misrepresentation in the inspection of milk,
10 meat, poultry, and the by-products thereof.
11 V. Conviction on a charge of cruelty to animals.
12 W. Failure to keep one's premises and all equipment
13 therein in a clean and sanitary condition.
14 X. Failure to provide satisfactory proof of having
15 participated in approved continuing education programs.
16 Y. Mental illness or disability that results in the
17 inability to practice under this Act with reasonable
18 judgment, skill, or safety.
19 Z. Conviction by any court of competent jurisdiction,
20 either within or outside this State, of any violation of
21 any law governing the practice of veterinary medicine, if
22 the Department determines, after investigation, that the
23 person has not been sufficiently rehabilitated to warrant
24 the public trust.
25 AA. Promotion of the sale of drugs, devices,
26 appliances, or goods provided for a patient in any manner

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1 to exploit the client for financial gain of the
2 veterinarian.
3 BB. Gross, willful, or continued overcharging for
4 professional services.
5 CC. Practicing under a false or, except as provided by
6 law, an assumed name.
7 DD. Violating state or federal laws or regulations
8 relating to controlled substances or legend drugs.
9 EE. Cheating on or attempting to subvert the licensing
10 examination administered under this Act.
11 FF. Using, prescribing, or selling a prescription drug
12 or the extra-label use of a prescription drug by any means
13 in the absence of a valid veterinarian-client-patient
14 relationship.
15 GG. Failing to report a case of suspected aggravated
16 cruelty, torture, or animal fighting pursuant to Section
17 3.07 or 4.01 of the Humane Care for Animals Act or Section
18 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
19 Code of 2012.
20 All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24 2. The determination by a circuit court that a licensee or
25certificate holder is subject to involuntary admission or
26judicial admission as provided in the Mental Health and

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1Developmental Disabilities Code operates as an automatic
2suspension. The suspension will end only upon a finding by a
3court that the patient is no longer subject to involuntary
4admission or judicial admission and issues an order so finding
5and discharging the patient. In any case where a license is
6suspended under this provision, the licensee shall file a
7petition for restoration and shall include evidence acceptable
8to the Department that the licensee can resume practice in
9compliance with acceptable and prevailing standards of his or
10her profession.
11 3. All proceedings to suspend, revoke, place on
12probationary status, or take any other disciplinary action as
13the Department may deem proper, with regard to a license or
14certificate on any of the foregoing grounds, must be commenced
15within 5 years after receipt by the Department of a complaint
16alleging the commission of or notice of the conviction order
17for any of the acts described in this Section. Except for
18proceedings brought for violations of items (CC), (DD), or
19(EE), no action shall be commenced more than 5 years after the
20date of the incident or act alleged to have violated this
21Section. In the event of the settlement of any claim or cause
22of action in favor of the claimant or the reduction to final
23judgment of any civil action in favor of the plaintiff, the
24claim, cause of action, or civil action being grounded on the
25allegation that a person licensed or certified under this Act
26was negligent in providing care, the Department shall have an

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1additional period of one year from the date of the settlement
2or final judgment in which to investigate and begin formal
3disciplinary proceedings under Section 25.2 of this Act, except
4as otherwise provided by law. The time during which the holder
5of the license or certificate was outside the State of Illinois
6shall not be included within any period of time limiting the
7commencement of disciplinary action by the Department.
8 4. The Department may refuse to issue or may suspend
9without hearing, as provided for in the Illinois Code of Civil
10Procedure, the license of any person who fails to file a
11return, to pay the tax, penalty, or interest shown in a filed
12return, or to pay any final assessment of 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 5. In enforcing this Section, the Department, upon a
19showing of a possible violation, may compel any individual who
20is registered under this Act or any individual who has applied
21for registration to submit to a mental or physical examination
22or evaluation, or both, which may include a substance abuse or
23sexual offender evaluation, at the expense of the Department.
24The Department shall specifically designate the examining
25physician licensed to practice medicine in all of its branches
26or, if applicable, the multidisciplinary team involved in

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

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1examination and evaluation shall be excluded by reason of any
2common law or statutory privilege relating to communication
3between the licensee or applicant and the examining physician
4or any member of the multidisciplinary team. No authorization
5is necessary from the registrant or applicant ordered to
6undergo an evaluation and examination for the examining
7physician or any member of the multidisciplinary team to
8provide information, reports, records, or other documents or to
9provide any testimony regarding the examination and
10evaluation. The individual to be examined may have, at his or
11her own expense, another physician of his or her choice present
12during all aspects of the examination.
13 Failure of any individual to submit to mental or physical
14examination or evaluation, or both, when directed, shall result
15in an automatic suspension without hearing, until such time as
16the individual submits to the examination. If the Department
17finds a registrant unable to practice because of the reasons
18set forth in this Section, the Department shall require such
19registrant to submit to care, counseling, or treatment by
20physicians approved or designated by the Department as a
21condition for continued, reinstated, or renewed registration.
22 In instances in which the Secretary immediately suspends a
23registration under this Section, a hearing upon such person's
24registration must be convened by the Department within 15 days
25after such suspension and completed without appreciable delay.
26The Department shall have the authority to review the

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1registrant's record of treatment and counseling regarding the
2impairment to the extent permitted by applicable federal
3statutes and regulations safeguarding the confidentiality of
4medical records.
5 Individuals registered under this Act who are affected
6under this Section, shall be afforded an opportunity to
7demonstrate to the Department that they can resume practice in
8compliance with acceptable and prevailing standards under the
9provisions of their registration.
10 6. (Blank). The Department shall deny a license or renewal
11authorized by this Act to a person who has defaulted on an
12educational loan or scholarship provided or guaranteed by the
13Illinois Student Assistance Commission or any governmental
14agency of this State in accordance with paragraph (5) of
15subsection (a) of Section 2105-15 of the Civil Administrative
16Code of Illinois.
17 7. In cases where the Department of Healthcare and Family
18Services has previously determined a licensee or a potential
19licensee is more than 30 days delinquent in the payment of
20child support and has subsequently certified the delinquency to
21the Department, the Department may refuse to issue or renew or
22may revoke or suspend that person's license or may take other
23disciplinary action against that person based solely upon the
24certification of delinquency made by the Department of
25Healthcare and Family Services in accordance with paragraph (5)
26of subsection (a) of Section 2105-15 of the Civil

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1Administrative Code of Illinois.
2(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
3 Section 85. The Registered Surgical Assistant and
4Registered Surgical Technologist Title Protection Act is
5amended by changing Section 75 as follows:
6 (225 ILCS 130/75)
7 (Section scheduled to be repealed on January 1, 2024)
8 Sec. 75. Grounds for disciplinary action.
9 (a) The Department may refuse to issue, renew, or restore a
10registration, may revoke or suspend a registration, or may
11place on probation, reprimand, or take other disciplinary or
12non-disciplinary action with regard to a person registered
13under this Act, including but not limited to the imposition of
14fines not to exceed $10,000 for each violation and the
15assessment of costs as provided for in Section 90, for any one
16or combination of the following causes:
17 (1) Making a material misstatement in furnishing
18 information to the Department.
19 (2) Violating a provision of this Act or rules adopted
20 under this Act.
21 (3) Conviction by plea of guilty or nolo contendere,
22 finding of guilt, jury verdict, or entry of judgment or by
23 sentencing of any crime, including, but not limited to,
24 convictions, preceding sentences of supervision,

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1 conditional discharge, or first offender probation, under
2 the laws of any jurisdiction of the United States that is
3 (i) a felony or (ii) a misdemeanor, an essential element of
4 which is dishonesty, or that is directly related to the
5 practice of the profession.
6 (4) Fraud or misrepresentation in applying for,
7 renewing, restoring, reinstating, or procuring a
8 registration under this Act.
9 (5) Aiding or assisting another person in violating a
10 provision of this Act or its rules.
11 (6) Failing to provide information within 60 days in
12 response to a written request made by the Department.
13 (7) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public, as defined by rule of the
16 Department.
17 (8) Discipline by another United States jurisdiction,
18 governmental agency, unit of government, or foreign
19 nation, if at least one of the grounds for discipline is
20 the same or substantially equivalent to those set forth in
21 this Section.
22 (9) Directly or indirectly giving to or receiving from
23 a person, firm, corporation, partnership, or association a
24 fee, commission, rebate, or other form of compensation for
25 professional services not actually or personally rendered.
26 Nothing in this paragraph (9) affects any bona fide

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1 independent contractor or employment arrangements among
2 health care professionals, health facilities, health care
3 providers, or other entities, except as otherwise
4 prohibited by law. Any employment arrangements may include
5 provisions for compensation, health insurance, pension, or
6 other employment benefits for the provision of services
7 within the scope of the registrant's practice under this
8 Act. Nothing in this paragraph (9) shall be construed to
9 require an employment arrangement to receive professional
10 fees for services rendered.
11 (10) A finding by the Department that the registrant,
12 after having his or her registration placed on probationary
13 status, has violated the terms of probation.
14 (11) Willfully making or filing false records or
15 reports in his or her practice, including but not limited
16 to false records or reports filed with State agencies.
17 (12) Willfully making or signing a false statement,
18 certificate, or affidavit to induce payment.
19 (13) Willfully failing to report an instance of
20 suspected child abuse or neglect as required under the
21 Abused and Neglected Child Reporting Act.
22 (14) Being named as a perpetrator in an indicated
23 report by the Department of Children and Family Services
24 under the Abused and Neglected Child Reporting Act and upon
25 proof by clear and convincing evidence that the registrant
26 has caused a child to be an abused child or neglected child

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1 as defined in the Abused and Neglected Child Reporting Act.
2 (15) (Blank).
3 (16) Failure to report to the Department (A) any
4 adverse final action taken against the registrant by
5 another registering or licensing jurisdiction, government
6 agency, law enforcement agency, or any court or (B)
7 liability for conduct that would constitute grounds for
8 action as set forth in this Section.
9 (17) Habitual or excessive use or abuse of drugs
10 defined in law as controlled substances, alcohol, or any
11 other substance that results in the inability to practice
12 with reasonable judgment, skill, or safety.
13 (18) Physical or mental illness, including but not
14 limited to deterioration through the aging process or loss
15 of motor skills, which results in the inability to practice
16 the profession for which he or she is registered with
17 reasonable judgment, skill, or safety.
18 (19) Gross malpractice.
19 (20) Immoral conduct in the commission of an act
20 related to the registrant's practice, including but not
21 limited to sexual abuse, sexual misconduct, or sexual
22 exploitation.
23 (21) Violation of the Health Care Worker Self-Referral
24 Act.
25 (b) The Department may refuse to issue or may suspend
26without hearing the registration of a person who fails to file

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1a return, to pay the tax, penalty, or interest shown in a filed
2return, or to pay a final assessment of the tax, penalty, or
3interest as required by a tax Act administered by the
4Department of Revenue, until the requirements of the tax Act
5are satisfied in accordance with subsection (g) of Section
62105-15 of the Department of Regulation Law of the Civil
7Administrative Code of Illinois.
8 (c) The determination by a circuit court that a registrant
9is subject to involuntary admission or judicial admission as
10provided in the Mental Health and Developmental Disabilities
11Code operates as an automatic suspension. The suspension will
12end only upon (1) a finding by a court that the patient is no
13longer subject to involuntary admission or judicial admission,
14(2) issuance of an order so finding and discharging the
15patient, and (3) filing of a petition for restoration
16demonstrating fitness to practice.
17 (d) (Blank). The Department shall deny a registration or
18renewal authorized by this Act to a person who has defaulted on
19an educational loan or scholarship provided or guaranteed by
20the Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with paragraph (5) of
22subsection (a) of Section 2105-15 of the Department of
23Regulation Law of the Civil Administrative Code of Illinois.
24 (e) In cases where the Department of Healthcare and Family
25Services has previously determined a registrant or a potential
26registrant is more than 30 days delinquent in the payment of

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1child support and has subsequently certified the delinquency to
2the Department, the Department may refuse to issue or renew or
3may revoke or suspend that person's registration or may take
4other disciplinary action against that person based solely upon
5the certification of delinquency made by the Department of
6Healthcare and Family Services in accordance with paragraph (5)
7of subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10 (f) In enforcing this Section, the Department, upon a
11showing of a possible violation, may compel any individual
12registered under this Act or any individual who has applied for
13registration to submit to a mental or physical examination and
14evaluation, or both, that may include a substance abuse or
15sexual offender evaluation, at the expense of the Department.
16The Department shall specifically designate the examining
17physician licensed to practice medicine in all of its branches
18or, if applicable, the multidisciplinary team involved in
19providing the mental or physical examination and evaluation, or
20both. The multidisciplinary team shall be led by a physician
21licensed to practice medicine in all of its branches and may
22consist of one or more or a combination of physicians licensed
23to practice medicine in all of its branches, licensed
24chiropractic physicians, licensed clinical psychologists,
25licensed clinical social workers, licensed clinical
26professional counselors, and other professional and

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

SB2439- 133 -LRB100 18051 XWW 33240 b
1provide any testimony regarding the examination and
2evaluation. The individual to be examined may have, at his or
3her own expense, another physician of his or her choice present
4during all aspects of the examination.
5 Failure of any individual to submit to mental or physical
6examination and evaluation, or both, when directed, shall
7result in an automatic suspension without a hearing until such
8time as the individual submits to the examination. If the
9Department finds a registrant unable to practice because of the
10reasons set forth in this Section, the Department shall require
11such registrant to submit to care, counseling, or treatment by
12physicians approved or designated by the Department as a
13condition for continued, reinstated, or renewed registration.
14 When the Secretary immediately suspends a registration
15under this Section, a hearing upon such person's registration
16must be convened by the Department within 15 days after such
17suspension and completed without appreciable delay. The
18Department shall have the authority to review the registrant's
19record of treatment and counseling regarding the impairment to
20the extent permitted by applicable federal statutes and
21regulations safeguarding the confidentiality of medical
22records.
23 Individuals registered under this Act and affected under
24this Section shall be afforded an opportunity to demonstrate to
25the Department that they can resume practice in compliance with
26acceptable and prevailing standards under the provisions of

SB2439- 134 -LRB100 18051 XWW 33240 b
1their registration.
2 (g) All fines imposed under this Section shall be paid
3within 60 days after the effective date of the order imposing
4the fine or in accordance with the terms set forth in the order
5imposing the fine.
6(Source: P.A. 98-364, eff. 12-31-13.)
7 Section 90. The Genetic Counselor Licensing Act is amended
8by changing Section 95 as follows:
9 (225 ILCS 135/95)
10 (Section scheduled to be repealed on January 1, 2025)
11 Sec. 95. Grounds for discipline.
12 (a) The Department may refuse to issue, renew, or may
13revoke, suspend, place on probation, reprimand, or take other
14disciplinary or non-disciplinary action as the Department
15deems appropriate, including the issuance of fines not to
16exceed $10,000 for each violation, with regard to any license
17for any one or more of the following:
18 (1) Material misstatement in furnishing information to
19 the Department or to any other State agency.
20 (2) Violations or negligent or intentional disregard
21 of this Act, or any of its rules.
22 (3) Conviction by plea of guilty or nolo contendere,
23 finding of guilt, jury verdict, or entry of judgment or
24 sentencing, including, but not limited to, convictions,

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1 preceding sentences of supervision, conditional discharge,
2 or first offender probation, under the laws of any
3 jurisdiction of the United States: (i) that is a felony or
4 (ii) that is a misdemeanor, an essential element of which
5 is dishonesty, or that is directly related to the practice
6 of genetic counseling.
7 (4) Making any misrepresentation for the purpose of
8 obtaining a license, or violating any provision of this Act
9 or its rules.
10 (5) Negligence in the rendering of genetic counseling
11 services.
12 (6) Failure to provide genetic testing results and any
13 requested information to a referring physician licensed to
14 practice medicine in all its branches, advanced practice
15 registered nurse, or physician assistant.
16 (7) Aiding or assisting another person in violating any
17 provision of this Act or any rules.
18 (8) Failing to provide information within 60 days in
19 response to a written request made by the Department.
20 (9) Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud, or harm the public and violating the rules of
23 professional conduct adopted by the Department.
24 (10) Failing to maintain the confidentiality of any
25 information received from a client, unless otherwise
26 authorized or required by law.

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1 (10.5) Failure to maintain client records of services
2 provided and provide copies to clients upon request.
3 (11) Exploiting a client for personal advantage,
4 profit, or interest.
5 (12) Habitual or excessive use or addiction to alcohol,
6 narcotics, stimulants, or any other chemical agent or drug
7 which results in inability to practice with reasonable
8 skill, judgment, or safety.
9 (13) Discipline by another governmental agency or unit
10 of government, by any jurisdiction of the United States, or
11 by a foreign nation, if at least one of the grounds for the
12 discipline is the same or substantially equivalent to those
13 set forth in this Section.
14 (14) Directly or indirectly giving to or receiving from
15 any person, firm, corporation, partnership, or association
16 any fee, commission, rebate, or other form of compensation
17 for any professional service not actually rendered.
18 Nothing in this paragraph (14) affects any bona fide
19 independent contractor or employment arrangements among
20 health care professionals, health facilities, health care
21 providers, or other entities, except as otherwise
22 prohibited by law. Any employment arrangements may include
23 provisions for compensation, health insurance, pension, or
24 other employment benefits for the provision of services
25 within the scope of the licensee's practice under this Act.
26 Nothing in this paragraph (14) shall be construed to

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1 require an employment arrangement to receive professional
2 fees for services rendered.
3 (15) A finding by the Department that the licensee,
4 after having the license placed on probationary status has
5 violated the terms of probation.
6 (16) Failing to refer a client to other health care
7 professionals when the licensee is unable or unwilling to
8 adequately support or serve the client.
9 (17) Willfully filing false reports relating to a
10 licensee's practice, including but not limited to false
11 records filed with federal or State agencies or
12 departments.
13 (18) Willfully failing to report an instance of
14 suspected child abuse or neglect as required by the Abused
15 and Neglected Child Reporting Act.
16 (19) Being named as a perpetrator in an indicated
17 report by the Department of Children and Family Services
18 pursuant to the Abused and Neglected Child Reporting Act,
19 and upon proof by clear and convincing evidence that the
20 licensee has caused a child to be an abused child or
21 neglected child as defined in the Abused and Neglected
22 Child Reporting Act.
23 (20) Physical or mental disability, including
24 deterioration through the aging process or loss of
25 abilities and skills which results in the inability to
26 practice the profession with reasonable judgment, skill,

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1 or safety.
2 (21) Solicitation of professional services by using
3 false or misleading advertising.
4 (22) Failure to file a return, or to pay the tax,
5 penalty of interest shown in a filed return, or to pay any
6 final assessment of tax, penalty or interest, as required
7 by any tax Act administered by the Illinois Department of
8 Revenue or any successor agency or the Internal Revenue
9 Service or any successor agency.
10 (23) Fraud or making any misrepresentation in applying
11 for or procuring a license under this Act or in connection
12 with applying for renewal of a license under this Act.
13 (24) Practicing or attempting to practice under a name
14 other than the full name as shown on the license or any
15 other legally authorized name.
16 (25) Gross overcharging for professional services,
17 including filing statements for collection of fees or
18 monies for which services are not rendered.
19 (26) (Blank).
20 (27) Charging for professional services not rendered,
21 including filing false statements for the collection of
22 fees for which services are not rendered.
23 (28) Allowing one's license under this Act to be used
24 by an unlicensed person in violation of this Act.
25 (b) (Blank). The Department shall deny, without hearing,
26any application or renewal for a license under this Act to any

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1person who has defaulted on an educational loan guaranteed by
2the Illinois Student Assistance Commission; however, the
3Department may issue a license or renewal if the person in
4default has established a satisfactory repayment record as
5determined by the Illinois Student Assistance Commission.
6 (c) The determination by a court that a licensee is subject
7to involuntary admission or judicial admission as provided in
8the Mental Health and Developmental Disabilities Code will
9result in an automatic suspension of his or her license. The
10suspension will end upon a finding by a court that the licensee
11is no longer subject to involuntary admission or judicial
12admission, the issuance of an order so finding and discharging
13the patient, and the determination of the Secretary that the
14licensee be allowed to resume professional practice.
15 (d) The Department may refuse to issue or renew or may
16suspend without hearing the license of any person who fails to
17file a return, to pay the tax penalty or interest shown in a
18filed return, or to pay any final assessment of the tax,
19penalty, or interest as required by any Act regarding the
20payment of taxes administered by the Illinois Department of
21Revenue until the requirements of the Act are satisfied in
22accordance with subsection (g) of Section 2105-15 of the Civil
23Administrative Code of Illinois.
24 (e) In cases where the Department of Healthcare and Family
25Services has previously determined that a licensee or a
26potential licensee is more than 30 days delinquent in the

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1payment of child support and has subsequently certified the
2delinquency to the Department, the Department may refuse to
3issue or renew or may revoke or suspend that person's license
4or may take other disciplinary action against that person based
5solely upon the certification of delinquency made by the
6Department of Healthcare and Family Services in accordance with
7item (5) of subsection (a) of Section 2105-15 of the Department
8of Professional Regulation Law of the Civil Administrative Code
9of Illinois.
10 (f) All fines or costs imposed under this Section shall be
11paid within 60 days after the effective date of the order
12imposing the fine or costs or in accordance with the terms set
13forth in the order imposing the fine.
14(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
15100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
16 Section 95. The Illinois Architecture Practice Act of 1989
17is amended by changing Section 22 as follows:
18 (225 ILCS 305/22) (from Ch. 111, par. 1322)
19 (Section scheduled to be repealed on January 1, 2020)
20 Sec. 22. Refusal, suspension and revocation of licenses;
21causes.
22 (a) The Department may, singularly or in combination,
23refuse to issue, renew or restore, or may suspend, revoke,
24place on probation, or take other disciplinary or

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1non-disciplinary action as deemed appropriate, including, but
2not limited to, the imposition of fines not to exceed $10,000
3for each violation, as the Department may deem proper, with
4regard to a license for any one or combination of the following
5causes:
6 (1) material misstatement in furnishing information to
7 the Department;
8 (2) negligence, incompetence or misconduct in the
9 practice of architecture;
10 (3) failure to comply with any of the provisions of
11 this Act or any of the rules;
12 (4) making any misrepresentation for the purpose of
13 obtaining licensure;
14 (5) purposefully making false statements or signing
15 false statements, certificates or affidavits to induce
16 payment;
17 (6) conviction of or plea of guilty or nolo contendere
18 to any crime that is a felony under the laws of the United
19 States or any state or territory thereof or that is a
20 misdemeanor, an essential element of which is dishonesty,
21 or any crime that is directly related to the practice of
22 the profession of architecture;
23 (7) aiding or assisting another person in violating any
24 provision of this Act or its rules;
25 (8) signing, affixing the architect's seal or
26 permitting the architect's seal to be affixed to any

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1 technical submission not prepared by the architect or under
2 that architect's responsible control;
3 (9) engaging in dishonorable, unethical or
4 unprofessional conduct of a character likely to deceive,
5 defraud or harm the public;
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) making a statement of compliance pursuant to the
11 Environmental Barriers Act that technical submissions
12 prepared by the architect or prepared under the architect's
13 responsible control for construction or alteration of an
14 occupancy required to be in compliance with the
15 Environmental Barriers Act are in compliance with the
16 Environmental Barriers Act when such technical submissions
17 are not in compliance;
18 (12) a finding by the Board that an applicant or
19 registrant has failed to pay a fine imposed by the
20 Department or a registrant, whose license has been placed
21 on probationary status, has violated the terms of
22 probation;
23 (13) discipline by another state, territory, foreign
24 country, the District of Columbia, the United States
25 government, or any other governmental agency, if at least
26 one of the grounds for discipline is the same or

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1 substantially equivalent to those set forth herein;
2 (14) failure to provide information in response to a
3 written request made by the Department within 30 days after
4 the receipt of such written request;
5 (15) physical illness, including, but not limited to,
6 deterioration through the aging process or loss of motor
7 skill, mental illness, or disability which results in the
8 inability to practice the profession with reasonable
9 judgment, skill, and safety, including without limitation
10 deterioration through the aging process, mental illness,
11 or disability.
12 (a-5) In enforcing this Section, the Department or Board,
13upon a showing of a possible violation, may order a licensee or
14applicant to submit to a mental or physical examination, or
15both, at the expense of the Department. The Department or Board
16may order the examining physician to present testimony
17concerning his or her examination of the licensee or applicant.
18No information shall be excluded by reason of any common law or
19statutory privilege relating to communications between the
20licensee or applicant and the examining physician. The
21examining physicians shall be specifically designated by the
22Board or Department. The licensee or applicant may have, at his
23or her own expense, another physician of his or her choice
24present during all aspects of the examination. Failure of a
25licensee or applicant to submit to any such examination when
26directed, without reasonable cause as defined by rule, shall be

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1grounds for either the immediate suspension of his or her
2license or immediate denial of his or her application.
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 license pursuant to
9the results of the licensee's mental or physical examination, a
10hearing must be convened by the Department within 15 days after
11the suspension and completed without appreciable delay. The
12Department and Board shall have the authority to review the
13licensee's record of treatment and counseling regarding the
14relevant impairment or impairments to the extent permitted by
15applicable federal statutes and regulations safeguarding the
16confidentiality of medical records.
17 Any licensee suspended under this subsection (a-5) shall be
18afforded an opportunity to demonstrate to the Department or
19Board that he or she can resume practice in compliance with the
20acceptable and prevailing standards under the provisions of his
21or her license.
22 (b) The determination by a circuit court that a licensee is
23subject to involuntary admission or judicial admission, as
24provided in the Mental Health and Developmental Disabilities
25Code, operates as an automatic suspension. Such suspension will
26end only upon a finding by a court that the patient is no

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1longer subject to involuntary admission or judicial admission,
2the issuance of an order so finding and discharging the
3patient, and the recommendation of the Board to the Secretary
4that the licensee be allowed to resume practice.
5 (c) (Blank). The Department shall deny a license or renewal
6authorized by this Act to a person who has defaulted on an
7educational loan or scholarship provided or guaranteed by the
8Illinois Student Assistance Commission or any governmental
9agency of this State in accordance with subdivision (a)(5) of
10Section 2105-15 of the Department of Professional Regulation
11Law of the Civil Administrative Code of Illinois.
12 (d) In cases where the Department of Healthcare and Family
13Services (formerly the Department of Public Aid) has previously
14determined that a licensee or a potential licensee is more than
1530 days delinquent in the payment of child support and has
16subsequently certified the delinquency to the Department, the
17Department shall refuse to issue or renew or shall revoke or
18suspend that person's license or shall take other disciplinary
19action against that person based solely upon the certification
20of delinquency made by the Department of Healthcare and Family
21Services in accordance with subdivision (a)(5) of Section
222105-15 of the Department of Professional Regulation Law of the
23Civil Administrative Code of Illinois.
24 (e) The Department shall deny a license or renewal
25authorized by this Act to a person who has failed to file a
26return, to pay the tax, penalty, or interest shown in a filed

SB2439- 146 -LRB100 18051 XWW 33240 b
1return, or to pay any final assessment of tax, penalty, or
2interest as required by any tax Act administered by the
3Department of Revenue, until such time as the requirements of
4the tax Act are satisfied in accordance with subsection (g) of
5Section 2105-15 of the Department of Professional Regulation
6Law of the Civil Administrative Code of Illinois.
7 (f) Persons who assist the Department as consultants or
8expert witnesses in the investigation or prosecution of alleged
9violations of the Act, licensure matters, restoration
10proceedings, or criminal prosecutions, shall not be liable for
11damages in any civil action or proceeding as a result of such
12assistance, except upon proof of actual malice. The attorney
13general shall defend such persons in any such action or
14proceeding.
15(Source: P.A. 98-756, eff. 7-16-14.)
16 Section 100. The Interior Design Title Act is amended by
17changing Section 13 as follows:
18 (225 ILCS 310/13) (from Ch. 111, par. 8213)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 13. Refusal, revocation or suspension of
21registration. The Department may refuse to issue, renew, or
22restore or may revoke, suspend, place on probation, reprimand
23or take other disciplinary action as the Department may deem
24proper, including fines not to exceed $5,000 for each

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1violation, with regard to any registration for any one or
2combination of the following causes:
3 (a) Fraud in procuring the certificate of
4 registration.
5 (b) Habitual intoxication or addiction to the use of
6 drugs.
7 (c) Making any misrepresentations or false promises,
8 directly or indirectly, to influence, persuade, or induce
9 patronage.
10 (d) Professional connection or association with, or
11 lending his or her name, to another for illegal use of the
12 title "registered interior designer", or professional
13 connection or association with any person, firm, or
14 corporation holding itself out in any manner contrary to
15 this Act.
16 (e) Obtaining or seeking to obtain checks, money, or
17 any other items of value by false or fraudulent
18 representations.
19 (f) Use of the title under a name other than his or her
20 own.
21 (g) Improper, unprofessional, or dishonorable conduct
22 of a character likely to deceive, defraud, or harm the
23 public.
24 (h) Conviction in this or another state, or federal
25 court, of any crime which is a felony, if the Department
26 determines, after investigation, that such person has not

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1 been sufficiently rehabilitated to warrant the public
2 trust.
3 (i) A violation of any provision of this Act or its
4 rules.
5 (j) Revocation by another state, the District of
6 Columbia, territory, or foreign nation of an interior
7 design or residential interior design registration if at
8 least one of the grounds for that revocation is the same as
9 or the equivalent of one of the grounds for revocation set
10 forth in this Act.
11 (k) Mental incompetence as declared by a court of
12 competent jurisdiction.
13 (l) Being named as a perpetrator in an indicated report
14 by the Department of Children and Family Services pursuant
15 to the Abused and Neglected Child Reporting Act, and upon
16 proof by clear and convincing evidence that the registrant
17 has caused a child to be an abused child or neglected child
18 as defined in the Abused and Neglected Child Reporting Act.
19 The Department shall deny a registration or renewal
20authorized by this Act to any person who has defaulted on an
21educational loan guaranteed by the Illinois Student Assistance
22Commission; however, the Department may issue a certificate of
23registration or renewal if such person has established a
24satisfactory repayment record as determined by the Illinois
25Student Assistance Commission.
26 The Department may refuse to issue or may suspend the

SB2439- 149 -LRB100 18051 XWW 33240 b
1registration of any person who fails to file a return, or to
2pay the tax, penalty, or interest showing in a filed return, or
3to pay any final assessment of 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 The entry of a decree by any circuit court establishing
8that any person holding a certificate of registration under
9this Act is a person subject to involuntary admission under the
10Mental Health and Developmental Disabilities Code shall
11operate as a suspension of that registration. That person may
12resume using the title "registered interior designer" only upon
13a finding by the Board that he or she has been determined to be
14no longer subject to involuntary admission by the court and
15upon the Board's recommendation to the Director that he or she
16be permitted to resume using the title "registered interior
17designer".
18(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
19 Section 105. The Professional Engineering Practice Act of
201989 is amended by changing Section 24 as follows:
21 (225 ILCS 325/24) (from Ch. 111, par. 5224)
22 (Section scheduled to be repealed on January 1, 2020)
23 Sec. 24. Rules of professional conduct; disciplinary or
24administrative action.

SB2439- 150 -LRB100 18051 XWW 33240 b
1 (a) The Department shall adopt rules setting standards of
2professional conduct and establish appropriate penalties for
3the breach of such rules.
4 (a-1) The Department may, singularly or in combination,
5refuse to issue, renew, or restore a license or may revoke,
6suspend, place on probation, reprimand, or take other
7disciplinary or non-disciplinary action with regard to a person
8licensed under this Act, including but not limited to, the
9imposition of a fine not to exceed $10,000 per violation upon
10any person, corporation, partnership, or professional design
11firm licensed or registered under this Act, for any one or
12combination of the following causes:
13 (1) Material misstatement in furnishing information to
14 the Department.
15 (2) Violations of this Act or any of its rules.
16 (3) Conviction of or entry of a plea of guilty or nolo
17 contendere to any crime that is a felony under the laws of
18 the United States or any state or territory thereof, or
19 that is a misdemeanor, an essential element of which is
20 dishonesty, or any crime that is directly related to the
21 practice of engineering.
22 (4) Making any misrepresentation for the purpose of
23 obtaining, renewing, or restoring a license or violating
24 any provision of this Act or the rules promulgated under
25 this Act pertaining to advertising.
26 (5) Willfully making or signing a false statement,

SB2439- 151 -LRB100 18051 XWW 33240 b
1 certificate, or affidavit to induce payment.
2 (6) Negligence, incompetence or misconduct in the
3 practice of professional engineering as a licensed
4 professional engineer or in working as an engineer intern.
5 (7) Aiding or assisting another person in violating any
6 provision of this Act or its rules.
7 (8) Failing to provide information in response to a
8 written request made by the Department within 30 days after
9 receipt of such written request.
10 (9) Engaging in dishonorable, unethical or
11 unprofessional conduct of a character likely to deceive,
12 defraud or harm the public.
13 (10) 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 mental illness or disability.
18 (11) Discipline by the United States Government,
19 another state, District of Columbia, territory, foreign
20 nation or government agency, if at least one of the grounds
21 for the discipline is the same or substantially equivalent
22 to those set forth in this Act.
23 (12) Directly or indirectly giving to or receiving from
24 any person, firm, corporation, partnership or association
25 any fee, commission, rebate or other form of compensation
26 for any professional services not actually or personally

SB2439- 152 -LRB100 18051 XWW 33240 b
1 rendered.
2 (13) A finding by the Department that an applicant or
3 registrant has failed to pay a fine imposed by the
4 Department, a registrant whose license has been placed on
5 probationary status has violated the terms of probation, or
6 a registrant has practiced on an expired, inactive,
7 suspended, or revoked license.
8 (14) Signing, affixing the professional engineer's
9 seal or permitting the professional engineer's seal to be
10 affixed to any technical submissions not prepared as
11 required by Section 14 or completely reviewed by the
12 professional engineer or under the professional engineer's
13 direct supervision.
14 (15) Inability to practice the profession with
15 reasonable judgment, skill or safety as a result of
16 habitual or excessive use or addiction to alcohol,
17 narcotics, stimulants, or any other chemical agent or drug.
18 (16) The making of a statement pursuant to the
19 Environmental Barriers Act that a plan for construction or
20 alteration of a public facility or for construction of a
21 multi-story housing unit is in compliance with the
22 Environmental Barriers Act when such plan is not in
23 compliance.
24 (17) (Blank).
25 (a-2) The Department shall deny a license or renewal
26authorized by this Act to a person who has failed to file a

SB2439- 153 -LRB100 18051 XWW 33240 b
1return, to pay the tax, penalty, or interest shown in a filed
2return, or to pay any final assessment of tax, penalty, or
3interest as required by any tax Act administered by the
4Department of Revenue, until such time as the requirements of
5the tax Act are satisfied in accordance with subsection (g) of
6Section 2105-15 of the Department of Professional Regulation
7Law of the Civil Administrative Code of Illinois (20 ILCS
82105/2105-15).
9 (a-3) (Blank). The Department shall deny a license or
10renewal authorized by this Act to a person who has defaulted on
11an educational loan or scholarship provided or guaranteed by
12the Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with subdivision (a)(5) of
14Section 2105-15 of the Department of Professional Regulation
15Law of the Civil Administrative Code of Illinois (20 ILCS
162105/2105-15).
17 (a-4) In cases where the Department of Healthcare and
18Family Services (formerly the Department of Public Aid) has
19previously determined that a licensee or a potential licensee
20is more than 30 days delinquent in the payment of child support
21and has subsequently certified the delinquency to the
22Department, the Department shall refuse to issue or renew or
23shall revoke or suspend that person's license or shall take
24other disciplinary action against that person based solely upon
25the certification of delinquency made by the Department of
26Healthcare and Family Services in accordance with subdivision

SB2439- 154 -LRB100 18051 XWW 33240 b
1(a)(5) of Section 2105-15 of the Department of Professional
2Regulation Law of the Civil Administrative Code of Illinois (20
3ILCS 2105/2105-15).
4 (a-5) In enforcing this Section, the Department or Board,
5upon a showing of a possible violation, may order a licensee or
6applicant to submit to a mental or physical examination, or
7both, at the expense of the Department. The Department or Board
8may order the examining physician to present testimony
9concerning his or her examination of the licensee or applicant.
10No information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The licensee or applicant may have, at his
15or her own expense, another physician of his or her choice
16present during all aspects of the examination. Failure of a
17licensee or applicant to submit to any such examination when
18directed, without reasonable cause as defined by rule, shall be
19grounds for either the immediate suspension of his or her
20license or immediate denial of his or her application.
21 If the Secretary immediately suspends the license of a
22licensee for his or her failure to submit to a mental or
23physical examination when directed, a hearing must be convened
24by the Department within 15 days after the suspension and
25completed without appreciable delay.
26 If the Secretary otherwise suspends a license pursuant to

SB2439- 155 -LRB100 18051 XWW 33240 b
1the results of the licensee's mental or physical examination, a
2hearing must be convened by the Department within 15 days after
3the suspension and completed without appreciable delay. The
4Department and Board shall have the authority to review the
5licensee's record of treatment and counseling regarding the
6relevant impairment or impairments to the extent permitted by
7applicable federal statutes and regulations safeguarding the
8confidentiality of medical records.
9 Any licensee suspended under this subsection (a-5) shall be
10afforded an opportunity to demonstrate to the Department or
11Board that he or she can resume practice in compliance with the
12acceptable and prevailing standards under the provisions of his
13or her license.
14 (b) The determination by a circuit court that a registrant
15is subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code, as now or hereafter amended, operates as an automatic
18suspension. Such suspension will end only upon a finding by a
19court that the patient is no longer subject to involuntary
20admission or judicial admission, the issuance of an order so
21finding and discharging the patient, and the recommendation of
22the Board to the Director that the registrant be allowed to
23resume practice.
24(Source: P.A. 98-756, eff. 7-16-14.)
25 Section 110. The Illinois Professional Land Surveyor Act of

SB2439- 156 -LRB100 18051 XWW 33240 b
11989 is amended by changing Section 27 as follows:
2 (225 ILCS 330/27) (from Ch. 111, par. 3277)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 27. Grounds for disciplinary action.
5 (a) The Department may refuse to issue or renew a license,
6or may place on probation or administrative supervision,
7suspend, or revoke any license, or may reprimand or take any
8disciplinary or non-disciplinary action as the Department may
9deem proper, including the imposition of fines not to exceed
10$10,000 per violation, upon any person, corporation,
11partnership, or professional land surveying firm licensed or
12registered under this Act for any of the following reasons:
13 (1) material misstatement in furnishing information to
14 the Department;
15 (2) violation, including, but not limited to, neglect
16 or intentional disregard, of this Act, or its rules;
17 (3) conviction of, or entry of a plea of guilty or nolo
18 contendere to, any crime that is a felony under the laws of
19 the United States or any state or territory thereof or that
20 is a misdemeanor of which an essential element is
21 dishonesty, or any crime that is directly related to the
22 practice of the profession;
23 (4) making any misrepresentation for the purpose of
24 obtaining a license, or in applying for restoration or
25 renewal, or the practice of any fraud or deceit in taking

SB2439- 157 -LRB100 18051 XWW 33240 b
1 any examination to qualify for licensure under this Act;
2 (5) purposefully making false statements or signing
3 false statements, certificates, or affidavits to induce
4 payment;
5 (6) proof of carelessness, incompetence, negligence,
6 or misconduct in practicing land surveying;
7 (7) aiding or assisting another person in violating any
8 provision of this Act or its rules;
9 (8) failing to provide information in response to a
10 written request made by the Department within 30 days after
11 receipt of such written request;
12 (9) engaging in dishonorable, unethical, or
13 unprofessional conduct of a character likely to deceive,
14 defraud, or harm the public;
15 (10) inability to practice with reasonable judgment,
16 skill, or safety as a result of habitual or excessive use
17 of, or addiction to, alcohol, narcotics, stimulants or any
18 other chemical agent or drug;
19 (11) discipline by the United States government,
20 another state, District of Columbia, territory, foreign
21 nation or government agency if at least one of the grounds
22 for the discipline is the same or substantially equivalent
23 to those set forth in this Act;
24 (12) directly or indirectly giving to or receiving from
25 any person, firm, corporation, partnership, or association
26 any fee, commission, rebate, or other form of compensation

SB2439- 158 -LRB100 18051 XWW 33240 b
1 for any professional services not actually or personally
2 rendered;
3 (12.5) issuing a map or plat of survey where the fee
4 for professional services is contingent on a real estate
5 transaction closing;
6 (13) a finding by the Department that an applicant or
7 licensee has failed to pay a fine imposed by the Department
8 or a licensee whose license has been placed on probationary
9 status has violated the terms of probation;
10 (14) practicing on an expired, inactive, suspended, or
11 revoked license;
12 (15) signing, affixing the Professional Land
13 Surveyor's seal or permitting the Professional Land
14 Surveyor's seal to be affixed to any map or plat of survey
15 not prepared by the Professional Land Surveyor or under the
16 Professional Land Surveyor's direct supervision and
17 control;
18 (16) inability to practice the profession with
19 reasonable judgment, skill, or safety as a result of
20 physical illness, including, but not limited to,
21 deterioration through the aging process or loss of motor
22 skill or a mental illness or disability;
23 (17) (blank); or
24 (18) failure to adequately supervise or control land
25 surveying operations being performed by subordinates.
26 (a-5) In enforcing this Section, the Department or Board,

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1upon a showing of a possible violation, may compel a person
2licensed to practice under this Act, or who has applied for
3licensure or certification pursuant to this Act, to submit to a
4mental or physical examination, or both, as required by and at
5the expense of the Department. The Department or Board may
6order the examining physician to present testimony concerning
7the mental or physical examination of the licensee or
8applicant. No information shall be excluded by reason of any
9common law or statutory privilege relating to communications
10between the licensee or applicant and the examining physician.
11The examining physicians shall be specifically designated by
12the Board or Department. The individual to be examined may
13have, at his or her own expense, another physician of his or
14her choice present during all aspects of the examination.
15Failure of an individual to submit to a mental or physical
16examination when directed shall be grounds for the immediate
17suspension of his or her license until the individual submits
18to the examination if the Department finds that the refusal to
19submit to the examination was without reasonable cause as
20defined by rule.
21 If the Secretary immediately suspends the license of a
22licensee for his or her failure to submit to a mental or
23physical examination when directed, a hearing must be convened
24by the Department within 15 days after the suspension and
25completed without appreciable delay.
26 If the Secretary otherwise suspends a person's license

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1pursuant to the results of a compelled mental or physical
2examination, a hearing on that person's license must be
3convened by the Department within 15 days after the suspension
4and completed without appreciable delay. The Department and
5Board shall have the authority to review the subject
6individual's record of treatment and counseling regarding
7impairment to the extent permitted by applicable federal
8statutes and regulations safeguarding the confidentiality of
9medical records.
10 Any licensee suspended under this subsection (a-5) shall be
11afforded an opportunity to demonstrate to the Department or
12Board that he or she can resume practice in compliance with the
13acceptable and prevailing standards under the provisions of his
14or her license.
15 (b) 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 now or hereafter amended, operates as an automatic
19license suspension. Such suspension will end only upon a
20finding by a court that the patient is no longer subject to
21involuntary admission or judicial admission and the issuance of
22an order so finding and discharging the patient and upon the
23recommendation of the Board to the Director that the licensee
24be allowed to resume his or her practice.
25 (c) (Blank). The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an

SB2439- 161 -LRB100 18051 XWW 33240 b
1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with subdivision (a)(5) of
4Section 2105-15 of the Department of Professional Regulation
5Law of the Civil Administrative Code of Illinois (20 ILCS
62105/2105-15).
7 (d) In cases where the Department of Healthcare and Family
8Services (formerly the Department of Public Aid) has previously
9determined that a licensee or a potential licensee is more than
1030 days delinquent in the payment of child support and has
11subsequently certified the delinquency to the Department, the
12Department shall refuse to issue or renew or shall revoke or
13suspend that person's license or shall take other disciplinary
14action against that person based solely upon the certification
15of delinquency made by the Department of Healthcare and Family
16Services in accordance with subdivision (a)(5) of Section
172105-15 of the Department of Professional Regulation Law of the
18Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
19 (e) The Department shall refuse to issue or renew or shall
20revoke or suspend a person's license or shall take other
21disciplinary action against that person for his or her failure
22to file a return, to pay the tax, penalty, or interest shown in
23a filed return, or to pay any final assessment of tax, penalty,
24or interest as required by any tax Act administered by the
25Department of Revenue, until such time as the requirements of
26the tax Act are satisfied in accordance with subsection (g) of

SB2439- 162 -LRB100 18051 XWW 33240 b
1Section 2105-15 of the Department of Professional Regulation
2Law of the Civil Administrative Code of Illinois (20 ILCS
32105/2105-15).
4(Source: P.A. 98-756, eff. 7-16-14.)
5 Section 115. The Structural Engineering Practice Act of
61989 is amended by changing Section 20 as follows:
7 (225 ILCS 340/20) (from Ch. 111, par. 6620)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 20. Refusal; revocation; suspension.
10 (a) The Department may refuse to issue or renew, or may
11revoke a license, or may suspend, place on probation, fine, or
12take any disciplinary or non-disciplinary action as the
13Department may deem proper, including a fine not to exceed
14$10,000 for each violation, with regard to any licensee for any
15one or combination of the following reasons:
16 (1) Material misstatement in furnishing information to
17 the Department;
18 (2) Negligence, incompetence or misconduct in the
19 practice of structural engineering;
20 (3) Making any misrepresentation for the purpose of
21 obtaining licensure;
22 (4) The affixing of a licensed structural engineer's
23 seal to any plans, specifications or drawings which have
24 not been prepared by or under the immediate personal

SB2439- 163 -LRB100 18051 XWW 33240 b
1 supervision of that licensed structural engineer or
2 reviewed as provided in this Act;
3 (5) Conviction of, or entry of a plea of guilty or nolo
4 contendere to, any crime that is a felony under the laws of
5 the United States or of any state or territory thereof, or
6 that is a misdemeanor an essential element of which is
7 dishonesty, or any crime that is directly related to the
8 practice of the profession;
9 (6) Making a statement of compliance pursuant to the
10 Environmental Barriers Act, as now or hereafter amended,
11 that a plan for construction or alteration of a public
12 facility or for construction of a multi-story housing unit
13 is in compliance with the Environmental Barriers Act when
14 such plan is not in compliance;
15 (7) Failure to comply with any of the provisions of
16 this Act or its rules;
17 (8) Aiding or assisting another person in violating any
18 provision of this Act or its rules;
19 (9) Engaging in dishonorable, unethical or
20 unprofessional conduct of a character likely to deceive,
21 defraud or harm the public, as defined by rule;
22 (10) Habitual or excessive use or addiction to alcohol,
23 narcotics, stimulants, or any other chemical agent or drug
24 that results in the inability to practice with reasonable
25 judgment, skill, or safety;
26 (11) Failure of an applicant or licensee to pay a fine

SB2439- 164 -LRB100 18051 XWW 33240 b
1 imposed by the Department or a licensee whose license has
2 been placed on probationary status has violated the terms
3 of probation;
4 (12) Discipline by another state, territory, foreign
5 country, the District of Columbia, the United States
6 government, or any other governmental agency, if at least
7 one of the grounds for discipline is the same or
8 substantially equivalent to those set forth in this
9 Section;
10 (13) Failure to provide information in response to a
11 written request made by the Department within 30 days after
12 the receipt of such written request; or
13 (14) Physical illness, including but not limited to,
14 deterioration through the aging process or loss of motor
15 skill, mental illness, or disability which results in the
16 inability to practice the profession of structural
17 engineering with reasonable judgment, skill, or safety.
18 (a-5) In enforcing this Section, the Department or Board,
19upon a showing of a possible violation, may order a licensee or
20applicant to submit to a mental or physical examination, or
21both, at the expense of the Department. The Department or Board
22may order the examining physician to present testimony
23concerning his or her examination of the licensee or applicant.
24No information shall be excluded by reason of any common law or
25statutory privilege relating to communications between the
26licensee or applicant and the examining physician. The

SB2439- 165 -LRB100 18051 XWW 33240 b
1examining physicians shall be specifically designated by the
2Board or Department. The licensee or applicant may have, at his
3or her own expense, another physician of his or her choice
4present during all aspects of the examination. Failure of a
5licensee or applicant to submit to any such examination when
6directed, without reasonable cause as defined by rule, shall be
7grounds for either the immediate suspension of his or her
8license or immediate denial of his or her application.
9 If the Secretary immediately suspends the license of a
10licensee for his or her failure to submit to a mental or
11physical examination when directed, a hearing must be convened
12by the Department within 15 days after the suspension and
13completed without appreciable delay.
14 If the Secretary otherwise suspends a license pursuant to
15the results of the licensee's mental or physical examination, a
16hearing must be convened by the Department within 15 days after
17the suspension and completed without appreciable delay. The
18Department and Board shall have the authority to review the
19licensee's record of treatment and counseling regarding the
20relevant impairment or impairments to the extent permitted by
21applicable federal statutes and regulations safeguarding the
22confidentiality of medical records.
23 Any licensee suspended under this subsection (a-5) shall be
24afforded an opportunity to demonstrate to the Department or
25Board that he or she can resume practice in compliance with the
26acceptable and prevailing standards under the provisions of his

SB2439- 166 -LRB100 18051 XWW 33240 b
1or her license.
2 (b) The determination by a circuit court that a licensee is
3subject to involuntary admission or judicial admission, as
4provided in the Mental Health and Developmental Disabilities
5Code, operates as an automatic suspension. Such suspension will
6end only upon a finding by a court that the patient is no
7longer subject to involuntary admission or judicial admission,
8the issuance of an order so finding and discharging the
9patient, and the recommendation of the Board to the Secretary
10that the licensee be allowed to resume practice.
11 (c) (Blank). The Department shall deny a license or renewal
12authorized by this Act to a person who has defaulted on an
13educational loan or scholarship provided or guaranteed by the
14Illinois Student Assistance Commission or any governmental
15agency of this State in accordance with subdivision (a)(5) of
16Section 2105-15 of the Department of Professional Regulation
17Law of the Civil Administrative Code of Illinois.
18 (d) In cases where the Department of Healthcare and Family
19Services (formerly the Department of Public Aid) has previously
20determined that a licensee or a potential licensee is more than
2130 days delinquent in the payment of child support and has
22subsequently certified the delinquency to the Department, the
23Department shall refuse to issue or renew or shall revoke or
24suspend that person's license or shall take other disciplinary
25action against that person based solely upon the certification
26of delinquency made by the Department of Healthcare and Family

SB2439- 167 -LRB100 18051 XWW 33240 b
1Services in accordance with subdivision (a)(5) of Section
22105-15 of the Department of Professional Regulation Law of the
3Civil Administrative Code of Illinois.
4 (e) The Department shall deny a license or renewal
5authorized by this Act to a person who has failed to file a
6return, to pay the tax, penalty, or interest shown in a filed
7return, or to pay any final assessment of tax, penalty, or
8interest as required by any tax Act administered by the
9Department of Revenue, until such time as the requirements of
10the tax Act are satisfied in accordance with subsection (g) of
11Section 2105-15 of the Department of Professional Regulation
12Law of the Civil Administrative Code of Illinois.
13 (f) Persons who assist the Department as consultants or
14expert witnesses in the investigation or prosecution of alleged
15violations of the Act, licensure matters, restoration
16proceedings, or criminal prosecutions, are not liable for
17damages in any civil action or proceeding as a result of such
18assistance, except upon proof of actual malice. The Attorney
19General of the State of Illinois shall defend such persons in
20any such action or proceeding.
21(Source: P.A. 98-756, eff. 7-16-14.)
22 Section 120. The Auction License Act is amended by changing
23Section 20-20 as follows:
24 (225 ILCS 407/20-20)

SB2439- 168 -LRB100 18051 XWW 33240 b
1 (Section scheduled to be repealed on January 1, 2020)
2 Sec. 20-20. Termination without hearing for failure to pay
3taxes or , child support, or a student loan. The Department may
4terminate or otherwise discipline any license issued under this
5Act without hearing if the appropriate administering agency
6provides adequate information and proof that the licensee has:
7 (1) failed to file a return, to pay the tax, penalty,
8 or interest shown in a filed return, or to pay any final
9 assessment of tax, penalty, or interest, as required by any
10 tax act administered by the Illinois Department of Revenue
11 until the requirements of the tax act are satisfied;
12 (2) failed to pay any court ordered child support as
13 determined by a court order or by referral from the
14 Department of Healthcare and Family Services (formerly
15 Illinois Department of Public Aid); or
16 (3) (blank). failed to repay any student loan or
17 assistance as determined by the Illinois Student
18 Assistance Commission.
19 If a license is terminated or otherwise disciplined
20pursuant to this Section, the licensee may request a hearing as
21provided by this Act within 30 days of notice of termination or
22discipline.
23(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)
24 Section 125. The Barber, Cosmetology, Esthetics, Hair
25Braiding, and Nail Technology Act of 1985 is amended by

SB2439- 169 -LRB100 18051 XWW 33240 b
1changing Section 4-7 as follows:
2 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
3 (Section scheduled to be repealed on January 1, 2026)
4 Sec. 4-7. Refusal, suspension and revocation of licenses;
5causes; disciplinary action.
6 (1) The Department may refuse to issue or renew, and may
7suspend, revoke, place on probation, reprimand or take any
8other disciplinary or non-disciplinary action as the
9Department may deem proper, including civil penalties not to
10exceed $500 for each violation, with regard to any license for
11any one, or any combination, of the following causes:
12 a. For licensees, conviction of any crime under the
13 laws of the United States or any state or territory thereof
14 that is (i) a felony, (ii) a misdemeanor, an essential
15 element of which is dishonesty, or (iii) a crime which is
16 related to the practice of the profession and, for initial
17 applicants, convictions set forth in Section 4-6.1 of this
18 Act.
19 b. Conviction of any of the violations listed in
20 Section 4-20.
21 c. Material misstatement in furnishing information to
22 the Department.
23 d. Making any misrepresentation for the purpose of
24 obtaining a license or violating any provision of this Act
25 or its rules.

SB2439- 170 -LRB100 18051 XWW 33240 b
1 e. Aiding or assisting another person in violating any
2 provision of this Act or its rules.
3 f. Failing, within 60 days, to provide information in
4 response to a written request made by the Department.
5 g. Discipline by another state, territory, or country
6 if at least one of the grounds for the discipline is the
7 same as or substantially equivalent to those set forth in
8 this Act.
9 h. Practice in the barber, nail technology, esthetics,
10 hair braiding, or cosmetology profession, or an attempt to
11 practice in those professions, by fraudulent
12 misrepresentation.
13 i. Gross malpractice or gross incompetency.
14 j. Continued practice by a person knowingly having an
15 infectious or contagious disease.
16 k. Solicitation of professional services by using
17 false or misleading advertising.
18 l. A finding by the Department that the licensee, after
19 having his or her license placed on probationary status,
20 has violated the terms of probation.
21 m. Directly or indirectly giving to or receiving from
22 any person, firm, corporation, partnership or association
23 any fee, commission, rebate, or other form of compensation
24 for any professional services not actually or personally
25 rendered.
26 n. Violating any of the provisions of this Act or rules

SB2439- 171 -LRB100 18051 XWW 33240 b
1 adopted pursuant to this Act.
2 o. Willfully making or filing false records or reports
3 relating to a licensee's practice, including but not
4 limited to, false records filed with State agencies or
5 departments.
6 p. 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 q. Engaging in dishonorable, unethical or
11 unprofessional conduct of a character likely to deceive,
12 defraud, or harm the public as may be defined by rules of
13 the Department, or violating the rules of professional
14 conduct which may be adopted by the Department.
15 r. Permitting any person to use for any unlawful or
16 fraudulent purpose one's diploma or license or certificate
17 of registration as a cosmetologist, nail technician,
18 esthetician, hair braider, or barber or cosmetology, nail
19 technology, esthetics, hair braiding, or barber teacher or
20 salon or shop or cosmetology clinic teacher.
21 s. Being named as a perpetrator in an indicated report
22 by the Department of Children and Family Services under the
23 Abused and Neglected Child Reporting Act and upon proof by
24 clear and convincing evidence that the licensee has caused
25 a child to be an abused child or neglected child as defined
26 in the Abused and Neglected Child Reporting Act.

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1 t. Operating a salon or shop without a valid
2 registration.
3 u. Failure to complete required continuing education
4 hours.
5 (2) In rendering an order, the Secretary shall take into
6consideration the facts and circumstances involving the type of
7acts or omissions in paragraph (1) of this Section including,
8but not limited to:
9 (a) the extent to which public confidence in the
10 cosmetology, nail technology, esthetics, hair braiding, or
11 barbering profession was, might have been, or may be,
12 injured;
13 (b) the degree of trust and dependence among the
14 involved parties;
15 (c) the character and degree of harm which did result
16 or might have resulted;
17 (d) the intent or mental state of the licensee at the
18 time of the acts or omissions.
19 (3) The Department may reissue the license or registration
20upon certification by the Board that the disciplined licensee
21or registrant has complied with all of the terms and conditions
22set forth in the final order or has been sufficiently
23rehabilitated to warrant the public trust.
24 (4) The Department shall refuse to issue or renew or
25suspend without hearing the license or certificate of
26registration of any person who fails to file a return, or to

SB2439- 173 -LRB100 18051 XWW 33240 b
1pay the tax, penalty or interest shown in a filed return, or to
2pay any final assessment of tax, penalty or interest, as
3required by any tax Act administered by the Illinois Department
4of Revenue, until such time as the requirements of any such tax
5Act are satisfied as determined by the Department of Revenue.
6 (5) (Blank.) The Department shall deny without hearing any
7application for a license or renewal of a license under this
8Act by a person who has defaulted on an educational loan
9guaranteed by the Illinois Student Assistance Commission;
10however, the Department may issue or renew a license if the
11person in default has established a satisfactory repayment
12record as determined by the Illinois Student Assistance
13Commission.
14 (6) All fines imposed under this Section shall be paid
15within 60 days after the effective date of the order imposing
16the fine or in accordance with the terms set forth in the order
17imposing the fine.
18(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
1999-876, eff. 1-1-17.)
20 Section 130. The Electrologist Licensing Act is amended by
21changing Section 75 as follows:
22 (225 ILCS 412/75)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 75. Grounds for discipline.

SB2439- 174 -LRB100 18051 XWW 33240 b
1 (a) The Department may refuse to issue or renew and may
2revoke or suspend a license under this Act, and may place on
3probation, reprimand, or take other disciplinary or
4non-disciplinary action with regard to any licensee under this
5Act, as the Department may consider appropriate, including
6imposing fines not to exceed $10,000 for each violation and
7assess costs as provided for under Section 95 of this Act, for
8one or any combination of the following causes:
9 (1) Material misstatement in furnishing information to
10 the Department.
11 (2) Violation of this Act or rules adopted under this
12 Act.
13 (3) Conviction by plea of guilty or nolo contendere,
14 finding of guilt, jury verdict, or entry of judgment or
15 sentencing, including, but not limited to, convictions,
16 preceding sentences of supervision, conditional discharge,
17 or first offender probation, under the laws of any
18 jurisdiction of the United States that is (i) a felony or
19 (ii) a misdemeanor, an essential element of which is
20 dishonesty, or that is directly related to the practice of
21 electrology.
22 (4) Fraud or 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 (5) Aiding or assisting another person in violating any
26 provision of this Act or its rules.

SB2439- 175 -LRB100 18051 XWW 33240 b
1 (6) Failing to provide information within 60 days in
2 response to a written request made by the Department.
3 (7) Engaging in dishonorable, unethical, or
4 unprofessional conduct of a character likely to deceive,
5 defraud, or harm the public.
6 (8) Habitual or excessive use or abuse of drugs defined
7 in law as controlled substances, alcohol, or any other
8 substance that results in an electrologist's inability to
9 practice with reasonable judgment, skill, or safety.
10 (9) Discipline by another governmental agency, unit of
11 government, U.S. jurisdiction, or foreign nation if at
12 least one of the grounds for discipline is the same as or
13 substantially equivalent to any of those set forth in this
14 Act.
15 (10) Directly or indirectly giving to or receiving from
16 any person, firm, corporation, partnership, or association
17 any fee, commission, rebate, or other form of compensation
18 for any professional services not actually or personally
19 rendered. Nothing in this paragraph (10) affects any bona
20 fide independent contractor or employment arrangements
21 among health care professionals, health facilities, health
22 care providers, or other entities, except as otherwise
23 prohibited by law. Any employment arrangements with health
24 care providers may include provisions for compensation,
25 health insurance, pension, or other employment benefits
26 for the provision of services within the scope of the

SB2439- 176 -LRB100 18051 XWW 33240 b
1 licensee's practice under this Act. Nothing in this
2 paragraph (10) shall be construed to require an employment
3 arrangement to receive professional fees for services
4 rendered.
5 (11) A finding by the Department that the licensee,
6 after having his or her license placed on probationary
7 status, has violated the terms of probation.
8 (12) Abandonment of a patient.
9 (13) Willfully making or filing false records or
10 reports in the licensee's practice, including, but not
11 limited to, false records filed with State agencies or
12 departments.
13 (14) Mental or physical illness or disability,
14 including, but not limited to, deterioration through the
15 aging process or loss of motor skill that results in the
16 inability to practice the profession with reasonable
17 judgment, skill, or safety.
18 (15) Negligence in his or her practice under this Act.
19 (16) Use of fraud, deception, or any unlawful means in
20 applying for and securing a license as an electrologist.
21 (17) Immoral conduct in the commission of any act, such
22 as sexual abuse, sexual misconduct, or sexual
23 exploitation, related to the licensee's practice.
24 (18) Failure to comply with standards of sterilization
25 and sanitation as defined in the rules of the Department.
26 (19) Charging for professional services not rendered,

SB2439- 177 -LRB100 18051 XWW 33240 b
1 including filing false statements for the collection of
2 fees for which services are not rendered.
3 (20) Allowing one's license under this Act to be used
4 by an unlicensed person in violation of this Act.
5 (b) The Department may refuse to issue or renew or may
6suspend without hearing the license of any person who fails to
7file a return, to pay the tax, penalty or interest shown in a
8filed return, or to pay any final assessment of the tax,
9penalty, or interest as required by any tax Act administered by
10the Illinois Department of Revenue until the requirements of
11the tax Act are satisfied in accordance with subsection (g) of
12Section 2105-15 of the Department of Professional Regulation
13Law of the Civil Administrative Code of Illinois.
14 (c) The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission as
16provided in the Mental Health and Developmental Disabilities
17Code operates as an automatic suspension. The suspension will
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission,
20the issuance of an order so finding and discharging the
21patient, and the filing of a petition for restoration
22demonstrating fitness to practice.
23 (d) In enforcing this Section, the Department, upon a
24showing of a possible violation, may compel any individual who
25is licensed to practice under this Act or any individual who
26has applied for licensure to submit to a mental or physical

SB2439- 178 -LRB100 18051 XWW 33240 b
1examination and evaluation, or both, that may include a
2substance abuse or sexual offender evaluation, at the expense
3of the Department. The Department shall specifically designate
4the examining physician licensed to practice medicine in all of
5its branches or, if applicable, the multidisciplinary team
6involved in providing the mental or physical examination and
7evaluation, or both. The multidisciplinary team shall be led by
8a physician licensed to practice medicine in all of its
9branches and may consist of one or more or a combination of
10physicians licensed to practice medicine in all of its
11branches, licensed chiropractic physicians, licensed clinical
12psychologists, licensed clinical social workers, licensed
13clinical professional counselors, and other professional and
14administrative staff. Any examining physician or member of the
15multidisciplinary team may require any person ordered to submit
16to an examination and evaluation pursuant to this Section to
17submit to any additional supplemental testing deemed necessary
18to complete any examination or evaluation process, including,
19but not limited to, blood testing, urinalysis, psychological
20testing, or neuropsychological 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

SB2439- 179 -LRB100 18051 XWW 33240 b
1to present testimony concerning this examination and
2evaluation of the licensee, permit holder, or applicant,
3including testimony concerning any supplemental testing or
4documents relating to the examination and evaluation. No
5information, report, record, or other documents in any way
6related to the examination and evaluation shall be excluded by
7reason of any common law or statutory privilege relating to
8communication between the licensee or applicant and the
9examining physician or any member of the multidisciplinary
10team. No authorization is necessary from the licensee or
11applicant ordered to undergo an evaluation and examination for
12the examining physician or any member of the multidisciplinary
13team to provide information, reports, records, or other
14documents or to provide any testimony regarding the examination
15and evaluation. The individual to be examined may have, at his
16or her own expense, another physician of his or her choice
17present during all aspects of the examination.
18 Failure of any individual to submit to mental or physical
19examination and evaluation, or both, when directed, shall
20result in an automatic suspension without hearing, until such
21time as the individual submits to the examination. If the
22Department finds a licensee unable to practice because of the
23reasons set forth in this Section, the Department shall require
24the licensee to submit to care, counseling, or treatment by
25physicians approved or designated by the Department as a
26condition for continued, reinstated, or renewed licensure to

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1practice.
2 When the Secretary immediately suspends a license under
3this Section, a hearing upon the person's license must be
4convened by the Department within 15 days after the suspension
5and completed without appreciable delay. The Department shall
6have the authority to review the licensee's record of treatment
7and counseling regarding the impairment to the extent permitted
8by applicable federal statutes and regulations safeguarding
9the confidentiality of medical records.
10 Individuals licensed under this Act affected under this
11Section shall be afforded an opportunity to demonstrate to the
12Department that they can resume practice in compliance with
13acceptable and prevailing standards under the provisions of
14their license.
15 (e) (Blank). 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 item (5) of subsection
20(a) of Section 2105-15 of the Department of Professional
21Regulation Law of the Civil Administrative Code of Illinois.
22 (f) 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

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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 item (5) of
5subsection (a) of Section 2105-15 of the Department of
6Professional Regulation Law of the Civil Administrative Code of
7Illinois.
8 (g) All fines or costs imposed under this Section shall be
9paid within 60 days after the effective date of the order
10imposing the fine or costs or in accordance with the terms set
11forth in the order imposing the fine.
12(Source: P.A. 98-363, eff. 8-16-13.)
13 Section 135. The Illinois Certified Shorthand Reporters
14Act of 1984 is amended by changing Section 23 as follows:
15 (225 ILCS 415/23) (from Ch. 111, par. 6223)
16 (Section scheduled to be repealed on January 1, 2024)
17 Sec. 23. Grounds for disciplinary action.
18 (a) The Department may refuse to issue or renew, or may
19revoke, suspend, place on probation, reprimand or take other
20disciplinary or non-disciplinary action as the Department may
21deem appropriate, including imposing fines not to exceed
22$10,000 for each violation and the assessment of costs as
23provided for in Section 23.3 of this Act, with regard to any
24license for any one or combination of the following:

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1 (1) Material misstatement in furnishing information to
2 the Department;
3 (2) Violations of this Act, or of the rules promulgated
4 thereunder;
5 (3) Conviction by plea of guilty or nolo contendere,
6 finding of guilt, jury verdict, or entry of judgment or by
7 sentencing of any crime, including, but not limited to,
8 convictions, preceding sentences of supervision,
9 conditional discharge, or first offender probation under
10 the laws of any jurisdiction of the United States: (i) that
11 is a felony or (ii) that is a misdemeanor, an essential
12 element of which is dishonesty, or that is directly related
13 to the practice of the profession;
14 (4) Fraud or any misrepresentation in applying for or
15 procuring a license under this Act or in connection with
16 applying for renewal of a license under this Act;
17 (5) Professional incompetence;
18 (6) Aiding or assisting another person, firm,
19 partnership or corporation in violating any provision of
20 this Act or rules;
21 (7) Failing, within 60 days, to provide information in
22 response to a written request made by the Department;
23 (8) Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public;
26 (9) Habitual or excessive use or abuse of drugs defined

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1 in law as controlled substances, alcohol, or any other
2 substances that results in the inability to practice with
3 reasonable judgment, skill, or safety;
4 (10) Discipline by another state, unit of government,
5 government agency, the District of Columbia, a territory,
6 or foreign nation, if at least one of the grounds for the
7 discipline is the same or substantially equivalent to those
8 set forth herein;
9 (11) Charging for professional services not rendered,
10 including filing false statements for the collection of
11 fees for which services were not rendered, or giving,
12 directly or indirectly, any gift or anything of value to
13 attorneys or their staff or any other persons or entities
14 associated with any litigation, that exceeds $100 total per
15 year; for the purposes of this Section, pro bono services,
16 as defined by State law, are permissible in any amount;
17 (12) A finding by the Board that the certificate
18 holder, after having his certificate placed on
19 probationary status, has violated the terms of probation;
20 (13) Willfully making or filing false records or
21 reports in the practice of shorthand reporting, including
22 but not limited to false records filed with State agencies
23 or departments;
24 (14) Physical illness, including but not limited to,
25 deterioration through the aging process, or loss of motor
26 skill which results in the inability to practice under this

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1 Act with reasonable judgment, skill or safety;
2 (15) Solicitation of professional services other than
3 by permitted advertising;
4 (16) Willful failure to take full and accurate
5 stenographic notes of any proceeding;
6 (17) Willful alteration of any stenographic notes
7 taken at any proceeding;
8 (18) Willful failure to accurately transcribe verbatim
9 any stenographic notes taken at any proceeding;
10 (19) Willful alteration of a transcript of
11 stenographic notes taken at any proceeding;
12 (20) Affixing one's signature to any transcript of his
13 stenographic notes or certifying to its correctness unless
14 the transcript has been prepared by him or under his
15 immediate supervision;
16 (21) Willful failure to systematically retain
17 stenographic notes or transcripts on paper or any
18 electronic media for 10 years from the date that the notes
19 or transcripts were taken;
20 (22) Failure to deliver transcripts in a timely manner
21 or in accordance with contractual agreements;
22 (23) Establishing contingent fees as a basis of
23 compensation;
24 (24) Mental illness or disability that results in the
25 inability to practice under this Act with reasonable
26 judgment, skill, or safety;

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1 (25) Practicing under a false or assumed name, except
2 as provided by law;
3 (26) Cheating on or attempting to subvert the licensing
4 examination administered under this Act;
5 (27) Allowing one's license under this Act to be used
6 by an unlicensed person in violation of this Act.
7 All fines imposed under this Section shall be paid within
860 days after the effective date of the order imposing the fine
9or in accordance with the terms set forth in the order imposing
10the fine.
11 (b) The determination by a circuit court that a certificate
12holder is subject to involuntary admission or judicial
13admission as provided in the Mental Health and Developmental
14Disabilities Code, operates as an automatic suspension. Such
15suspension will end only upon a finding by a court that the
16patient is no longer subject to involuntary admission or
17judicial admission, an order by the court so finding and
18discharging the patient. In any case where a license is
19suspended under this Section, the licensee may file a petition
20for restoration and shall include evidence acceptable to the
21Department that the licensee can resume practice in compliance
22with acceptable and prevailing standards of the profession.
23 (c) In cases where the Department of Healthcare and Family
24Services has previously determined a licensee or a potential
25licensee is more than 30 days delinquent in the payment of
26child support and has subsequently certified the delinquency to

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1the Department, the Department may refuse to issue or renew or
2may revoke or suspend that person's license or may take other
3disciplinary action against that person based solely upon the
4certification of delinquency made by the Department of
5Healthcare and Family Services in accordance with item (5) of
6subsection (a) of Section 2105-15 of the Civil Administrative
7Code of Illinois.
8 (d) In enforcing this Section, the Department, upon a
9showing of a possible violation, may compel any individual who
10is certified under this Act or any individual who has applied
11for certification under this Act to submit to a mental or
12physical examination and evaluation, or both, which may include
13a substance abuse or sexual offender evaluation, at the expense
14of the Department. The Department shall specifically designate
15the examining physician licensed to practice medicine in all of
16its branches or, if applicable, the multidisciplinary team
17involved in providing the mental or physical examination and
18evaluation, or both. The multidisciplinary team shall be led by
19a physician licensed to practice medicine in all of its
20branches and may consist of one or more or a combination of
21physicians licensed to practice medicine in all of its
22branches, licensed chiropractic physicians, licensed clinical
23psychologists, licensed clinical social workers, licensed
24clinical professional counselors, and other professional and
25administrative staff. Any examining physician or member of the
26multidisciplinary team may require any person ordered to submit

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

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

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1their certification.
2 (e) (Blank). The Department shall deny a license or renewal
3authorized by this Act to a person who has defaulted on an
4educational loan or scholarship provided or guaranteed by the
5Illinois Student Assistance Commission or any governmental
6agency of this State in accordance with item (5) of subsection
7(a) of Section 2105-15 of the Civil Administrative Code of
8Illinois.
9 (f) The Department may refuse to issue or may suspend
10without hearing, as provided for in the Code of Civil
11Procedure, the license of any person who fails to file a
12return, to pay the tax, penalty, or interest shown in a filed
13return, or to pay any final assessment of tax, penalty, or
14interest as required by any tax Act administered by the
15Illinois Department of Revenue, until such time as the
16requirements of any such tax Act are satisfied in accordance
17with subsection (g) of Section 2105-15 of the Civil
18Administrative Code of Illinois.
19(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
20 Section 140. The Collection Agency Act is amended by
21changing Section 9 as follows:
22 (225 ILCS 425/9) (from Ch. 111, par. 2012)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 9. Disciplinary actions.

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1 (a) 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 proper, including fines not to exceed $10,000 per
5violation, for any one or any combination of the following
6causes:
7 (1) Material misstatement in furnishing information to
8 the Department.
9 (2) Violations of this Act or of the rules promulgated
10 hereunder.
11 (3) Conviction by plea of guilty or nolo contendere,
12 finding of guilt, jury verdict, or entry of judgment or by
13 sentencing of any crime, including, but not limited to,
14 convictions, preceding sentences of supervision,
15 conditional discharge, or first offender probation of the
16 collection agency or any of the officers or owners of more
17 than 10% interest of the agency of any crime under the laws
18 of any U.S. jurisdiction that (i) is a felony, (ii) is a
19 misdemeanor, an essential element of which is dishonesty,
20 or (iii) is directly related to the practice of a
21 collection agency.
22 (4) Fraud or 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 (5) Aiding or assisting another person in violating any
26 provision of this Act or rules adopted under this Act.

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1 (6) Failing, within 60 days, to provide information in
2 response to a written request made by the Department.
3 (7) Habitual or excessive use or addiction to alcohol,
4 narcotics, stimulants or any other chemical agent or drug
5 which results in the inability to practice with reasonable
6 judgment, skill, or safety by any of the officers or owners
7 of 10% or more interest of a collection agency.
8 (8) Discipline by another state, the District of
9 Columbia, a territory of the United States, or a foreign
10 nation, if at least one of the grounds for the discipline
11 is the same or substantially equivalent to those set forth
12 in this Act.
13 (9) A finding by the Department that the licensee,
14 after having his license placed on probationary status, has
15 violated the terms of probation.
16 (10) Willfully making or filing false records or
17 reports in his or her practice, including, but not limited
18 to, false records filed with State agencies or departments.
19 (11) Practicing or attempting to practice under a false
20 or, except as provided by law, an assumed name.
21 (12) A finding by the Federal Trade Commission that a
22 licensee violated the federal Fair Debt Collection
23 Practices Act or its rules.
24 (13) Failure to file a return, or to pay the tax,
25 penalty or interest shown in a filed return, or to pay any
26 final assessment of tax, penalty or interest, as required

SB2439- 192 -LRB100 18051 XWW 33240 b
1 by any tax Act administered by the Illinois Department of
2 Revenue until such time as the requirements of any such tax
3 Act are satisfied.
4 (14) Using or threatening to use force or violence to
5 cause physical harm to a debtor, his or her family or his
6 or her property.
7 (15) Threatening to instigate an arrest or criminal
8 prosecution where no basis for a criminal complaint
9 lawfully exists.
10 (16) Threatening the seizure, attachment or sale of a
11 debtor's property where such action can only be taken
12 pursuant to court order without disclosing that prior court
13 proceedings are required.
14 (17) Disclosing or threatening to disclose information
15 adversely affecting a debtor's reputation for credit
16 worthiness with knowledge the information is false.
17 (18) Initiating or threatening to initiate
18 communication with a debtor's employer unless there has
19 been a default of the payment of the obligation for at
20 least 30 days and at least 5 days prior written notice, to
21 the last known address of the debtor, of the intention to
22 communicate with the employer has been given to the
23 employee, except as expressly permitted by law or court
24 order.
25 (19) Communicating with the debtor or any member of
26 the debtor's family at such a time of day or night and with

SB2439- 193 -LRB100 18051 XWW 33240 b
1 such frequency as to constitute harassment of the debtor or
2 any member of the debtor's family. For purposes of this
3 Section the following conduct shall constitute harassment:
4 (A) Communicating with the debtor or any member of
5 his or her family in connection with the collection of
6 any debt without the prior consent of the debtor given
7 directly to the debt collector, or the express
8 permission of a court of competent jurisdiction, at any
9 unusual time or place or a time or place known or which
10 should be known to be inconvenient to the debtor. In
11 the absence of knowledge of circumstances to the
12 contrary, a debt collector shall assume that the
13 convenient time for communicating with a consumer is
14 after 8 o'clock a.m. and before 9 o'clock p.m. local
15 time at the debtor's location.
16 (B) The threat of publication or publication of a
17 list of consumers who allegedly refuse to pay debts,
18 except to a consumer reporting agency.
19 (C) The threat of advertisement or advertisement
20 for sale of any debt to coerce payment of the debt.
21 (D) Causing a telephone to ring or engaging any
22 person in telephone conversation repeatedly or
23 continuously with intent to annoy, abuse, or harass any
24 person at the called number.
25 (20) Using profane, obscene or abusive language in
26 communicating with a debtor, his or her family or others.

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1 (21) Disclosing or threatening to disclose information
2 relating to a debtor's debt to any other person except
3 where such other person has a legitimate business need for
4 the information or except where such disclosure is
5 permitted by law.
6 (22) Disclosing or threatening to disclose information
7 concerning the existence of a debt which the collection
8 agency knows to be disputed by the debtor without
9 disclosing the fact that the debtor disputes the debt.
10 (23) Engaging in any conduct that is intended to cause
11 and did cause mental or physical illness to the debtor or
12 his or her family.
13 (24) Attempting or threatening to enforce a right or
14 remedy with knowledge or reason to know that the right or
15 remedy does not exist.
16 (25) Failing to disclose to the debtor or his or her
17 family the corporate, partnership or proprietary name, or
18 other trade or business name, under which the collection
19 agency is engaging in debt collections and which he or she
20 is legally authorized to use.
21 (26) Using any form of communication which simulates
22 legal or judicial process or which gives the appearance of
23 being authorized, issued or approved by a governmental
24 agency or official or by an attorney at law when it is not.
25 (27) Using any badge, uniform, or other indicia of any
26 governmental agency or official except as authorized by

SB2439- 195 -LRB100 18051 XWW 33240 b
1 law.
2 (28) Conducting business under any name or in any
3 manner which suggests or implies that the collection agency
4 is a branch of or is affiliated in any way with a
5 governmental agency or court if such collection agency is
6 not.
7 (29) Failing to disclose, at the time of making any
8 demand for payment, the name of the person to whom the debt
9 is owed and at the request of the debtor, the address where
10 payment is to be made and the address of the person to whom
11 the debt is owed.
12 (30) Misrepresenting the amount of the debt alleged to
13 be owed.
14 (31) Representing that an existing debt may be
15 increased by the addition of attorney's fees,
16 investigation fees or any other fees or charges when such
17 fees or charges may not legally be added to the existing
18 debt.
19 (32) Representing that the collection agency is an
20 attorney at law or an agent for an attorney if he or she is
21 not.
22 (33) Collecting or attempting to collect any interest
23 or other charge or fee in excess of the actual debt unless
24 such interest or other charge or fee is expressly
25 authorized by the agreement creating the debt unless
26 expressly authorized by law or unless in a commercial

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1 transaction such interest or other charge or fee is
2 expressly authorized in a subsequent agreement. If a
3 contingency or hourly fee arrangement (i) is established
4 under an agreement between a collection agency and a
5 creditor to collect a debt and (ii) is paid by a debtor
6 pursuant to a contract between the debtor and the creditor,
7 then that fee arrangement does not violate this Section
8 unless the fee is unreasonable. The Department shall
9 determine what constitutes a reasonable collection fee.
10 (34) Communicating or threatening to communicate with
11 a debtor when the collection agency is informed in writing
12 by an attorney that the attorney represents the debtor
13 concerning the debt. If the attorney fails to respond
14 within a reasonable period of time, the collector may
15 communicate with the debtor. The collector may communicate
16 with the debtor when the attorney gives his or her consent.
17 (35) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public.
20 (b) The Department shall deny any license or renewal
21authorized by this Act to any person who has defaulted on an
22educational loan guaranteed by the Illinois State Scholarship
23Commission; however, the Department may issue a license or
24renewal if the person in default has established a satisfactory
25repayment record as determined by the Illinois State
26Scholarship Commission. No collection agency while collecting

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1or attempting to collect a debt shall engage in any of the Acts
2specified in this Section, each of which shall be unlawful
3practice.
4(Source: P.A. 99-227, eff. 8-3-15.)
5 Section 145. The Community Association Manager Licensing
6and Disciplinary Act is amended by changing Section 85 as
7follows:
8 (225 ILCS 427/85)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 85. Grounds for discipline; refusal, revocation, or
11suspension.
12 (a) The Department may refuse to issue or renew a license,
13or may place on probation, reprimand, suspend, or revoke any
14license, or take any other disciplinary or non-disciplinary
15action as the Department may deem proper and impose a fine not
16to exceed $10,000 for each violation upon any licensee or
17applicant under this Act or any person or entity who holds
18himself, herself, or itself out as an applicant or licensee for
19any 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) Conviction of or entry of a plea of guilty or plea
24 of nolo contendere to a felony or a misdemeanor under the

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1 laws of the United States, any state, or any other
2 jurisdiction or entry of an administrative sanction by a
3 government agency in this State or any other jurisdiction.
4 Action taken under this paragraph (3) for a misdemeanor or
5 an administrative sanction is limited to a misdemeanor or
6 administrative sanction that has as an essential element
7 dishonesty or fraud, that involves larceny, embezzlement,
8 or obtaining money, property, or credit by false pretenses
9 or by means of a confidence game, or that is directly
10 related to the practice of the profession.
11 (4) Making any misrepresentation for the purpose of
12 obtaining a license or violating any provision of this Act
13 or its rules.
14 (5) Professional incompetence.
15 (6) Gross negligence.
16 (7) Aiding or assisting another person in violating any
17 provision of this Act or its rules.
18 (8) Failing, within 30 days, to provide information in
19 response to a request made by the Department.
20 (9) Engaging in dishonorable, unethical, or
21 unprofessional conduct of a character likely to deceive,
22 defraud or harm the public as defined by the rules of the
23 Department, or violating the rules of professional conduct
24 adopted by the Department.
25 (10) Habitual or excessive use or addiction to alcohol,
26 narcotics, stimulants, or any other chemical agent or drug

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1 that results in the inability to practice with reasonable
2 judgment, skill, or safety.
3 (11) Having been disciplined by another state, the
4 District of Columbia, a territory, a foreign nation, or a
5 governmental agency authorized to impose discipline if at
6 least one of the grounds for the discipline is the same or
7 substantially equivalent of one of the grounds for which a
8 licensee may be disciplined under this Act. A certified
9 copy of the record of the action by the other state or
10 jurisdiction shall be prima facie evidence thereof.
11 (12) Directly or indirectly giving to or receiving from
12 any person, firm, corporation, partnership or association
13 any fee, commission, rebate, or other form of compensation
14 for any professional services not actually or personally
15 rendered.
16 (13) A finding by the Department that the licensee,
17 after having his, her, or its license placed on
18 probationary status, has violated the terms of probation.
19 (14) Willfully making or filing false records or
20 reports relating to a licensee's practice, including but
21 not limited to false records filed with any State or
22 federal agencies or departments.
23 (15) Being named as a perpetrator in an indicated
24 report by the Department of Children and Family Services
25 under the Abused and Neglected Child Reporting Act and upon
26 proof by clear and convincing evidence that the licensee

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1 has caused a child to be an abused child or neglected child
2 as defined in the Abused and Neglected Child Reporting Act.
3 (16) Physical illness or mental illness or impairment,
4 including, but not limited to, deterioration through the
5 aging process or loss of motor skill that results in the
6 inability to practice the profession with reasonable
7 judgment, skill, or safety.
8 (17) Solicitation of professional services by using
9 false or misleading advertising.
10 (18) A finding that licensure has been applied for or
11 obtained by fraudulent means.
12 (19) Practicing or attempting to practice under a name
13 other than the full name as shown on the license or any
14 other legally authorized name.
15 (20) Gross overcharging for professional services
16 including, but not limited to, (i) collection of fees or
17 moneys for services that are not rendered; and (ii)
18 charging for services that are not in accordance with the
19 contract between the licensee and the community
20 association.
21 (21) Improper commingling of personal and client funds
22 in violation of this Act or any rules promulgated thereto.
23 (22) Failing to account for or remit any moneys or
24 documents coming into the licensee's possession that
25 belong to another person or entity.
26 (23) Giving differential treatment to a person that is

SB2439- 201 -LRB100 18051 XWW 33240 b
1 to that person's detriment because of race, color, creed,
2 sex, religion, or national origin.
3 (24) Performing and charging for services without
4 reasonable authorization to do so from the person or entity
5 for whom service is being provided.
6 (25) Failing to make available to the Department, upon
7 request, any books, records, or forms required by this Act.
8 (26) Purporting to be a supervising community
9 association manager of a firm without active participation
10 in the firm.
11 (27) Failing to make available to the Department at the
12 time of the request any indicia of licensure or
13 registration issued under this Act.
14 (28) Failing to maintain and deposit funds belonging to
15 a community association in accordance with subsection (b)
16 of Section 55 of this Act.
17 (29) Violating the terms of a disciplinary order issued
18 by the Department.
19 (b) (Blank). In accordance with subdivision (a)(5) of
20Section 2105-15 of the Department of Professional Regulation
21Law of the Civil Administrative Code of Illinois (20 ILCS
222105/2105-15), the Department shall deny a license or renewal
23authorized by this Act to a person who has defaulted on an
24educational loan or scholarship provided or guaranteed by the
25Illinois Student Assistance Commission or any governmental
26agency of this State.

SB2439- 202 -LRB100 18051 XWW 33240 b
1 (c) The determination by a circuit court that a licensee is
2subject to involuntary admission or judicial admission, as
3provided in the Mental Health and Developmental Disabilities
4Code, operates as an automatic suspension. The suspension will
5terminate only upon a finding by a court that the patient is no
6longer subject to involuntary admission or judicial admission
7and the issuance of an order so finding and discharging the
8patient, and upon the recommendation of the Board to the
9Secretary that the licensee be allowed to resume his or her
10practice as a licensed community association manager.
11 (d) In accordance with subsection (g) of Section 2105-15 of
12the Department of Professional Regulation Law of the Civil
13Administrative Code of Illinois (20 ILCS 2105/2105-15), the
14Department may refuse to issue or renew or may suspend the
15license of any person who fails to file a return, to pay the
16tax, penalty, or interest shown in a filed return, or to pay
17any final assessment of tax, penalty, or interest, as required
18by any tax Act administered by the Department of Revenue, until
19such time as the requirements of that tax Act are satisfied.
20 (e) In accordance with subdivision (a)(5) of Section
212105-15 of the Department of Professional Regulation Law of the
22Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
23and in cases where the Department of Healthcare and Family
24Services (formerly Department of Public Aid) has previously
25determined that a licensee or a potential licensee is more than
2630 days delinquent in the payment of child support and has

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1subsequently certified the delinquency to the Department may
2refuse to issue or renew or may revoke or suspend that person's
3license or may take other disciplinary action against that
4person based solely upon the certification of delinquency made
5by the Department of Healthcare and Family Services.
6 (f) In enforcing this Section, the Department or Board upon
7a showing of a possible violation may compel a licensee or an
8individual licensed to practice under this Act, or who has
9applied for licensure under this Act, to submit to a mental or
10physical examination, or both, as required by and at the
11expense of the Department. The Department or Board may order
12the examining physician to present testimony concerning the
13mental or physical examination of the licensee or applicant. No
14information shall be excluded by reason of any common law or
15statutory privilege relating to communications between the
16licensee or applicant and the examining physician. The
17examining physicians shall be specifically designated by the
18Board or Department. The individual to be examined may have, at
19his or her own expense, another physician of his or her choice
20present during all aspects of this examination. Failure of an
21individual to submit to a mental or physical examination, when
22directed, shall be grounds for suspension of his or her license
23or denial of his or her application or renewal until the
24individual submits to the examination if the Department finds,
25after notice and hearing, that the refusal to submit to the
26examination was without reasonable cause.

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1 If the Department or Board finds an individual unable to
2practice because of the reasons set forth in this Section, the
3Department or Board may require that individual to submit to
4care, counseling, or treatment by physicians approved or
5designated by the Department or Board, as a condition, term, or
6restriction for continued, reinstated, or renewed licensure to
7practice; or, in lieu of care, counseling, or treatment, the
8Department may file, or the Board may recommend to the
9Department to file, a complaint to immediately suspend, revoke,
10deny, or otherwise discipline the license of the individual. An
11individual whose license was granted, continued, reinstated,
12renewed, disciplined or supervised subject to such terms,
13conditions, or restrictions, and who fails to comply with such
14terms, conditions, or restrictions, shall be referred to the
15Secretary for a determination as to whether the individual
16shall have his or her license suspended immediately, pending a
17hearing by the Department.
18 In instances in which the Secretary immediately suspends a
19person's license under this Section, a hearing on that person's
20license must be convened by the Department within 30 days after
21the suspension and completed without appreciable delay. The
22Department and Board shall have the authority to review the
23subject individual's record of treatment and counseling
24regarding the impairment to the extent permitted by applicable
25federal statutes and regulations safeguarding the
26confidentiality of medical records.

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1 An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate to
3the Department or Board that he or she can resume practice in
4compliance with acceptable and prevailing standards under the
5provisions of his or her license.
6(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
798-756, eff. 7-16-14.)
8 Section 150. The Detection of Deception Examiners Act is
9amended by changing Section 14 as follows:
10 (225 ILCS 430/14) (from Ch. 111, par. 2415)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 14. (a) The Department may refuse to issue or renew or
13may revoke, suspend, place on probation, reprimand, or take
14other disciplinary or non-disciplinary action as the
15Department may deem appropriate, including imposing fines not
16to exceed $10,000 for each violation, with regard to any
17license for any one or a combination of the following:
18 (1) Material misstatement in furnishing information to
19 the Department.
20 (2) Violations of this Act, or of the rules adopted
21 under this Act.
22 (3) Conviction by plea of guilty or nolo contendere,
23 finding of guilt, jury verdict, or entry of judgment or by
24 sentencing of any crime, including, but not limited to,

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1 convictions, preceding sentences of supervision,
2 conditional discharge, or first offender probation, under
3 the laws of any jurisdiction of the United States: (i) that
4 is a felony or (ii) that is a misdemeanor, an essential
5 element of which is dishonesty, or that is directly related
6 to the practice of the profession.
7 (4) Making any misrepresentation for the purpose of
8 obtaining licensure or violating any provision of this Act
9 or the rules adopted under this Act pertaining to
10 advertising.
11 (5) Professional incompetence.
12 (6) Allowing one's license under this Act to be used by
13 an unlicensed person in violation of this Act.
14 (7) Aiding or assisting another person in violating
15 this Act or any rule adopted under this Act.
16 (8) Where the license holder has been adjudged mentally
17 ill, mentally deficient or subject to involuntary
18 admission as provided in the Mental Health and
19 Developmental Disabilities Code.
20 (9) Failing, within 60 days, to provide information in
21 response to a written request made by the Department.
22 (10) Engaging in dishonorable, unethical, or
23 unprofessional conduct of a character likely to deceive,
24 defraud, or harm the public.
25 (11) Inability to practice with reasonable judgment,
26 skill, or safety as a result of habitual or excessive use

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1 or addiction to alcohol, narcotics, stimulants, or any
2 other chemical agent or drug.
3 (12) Discipline by another state, District of
4 Columbia, territory, or foreign nation, if at least one of
5 the grounds for the discipline is the same or substantially
6 equivalent to those set forth in this Section.
7 (13) A finding by the Department that the licensee,
8 after having his or her license placed on probationary
9 status, has violated the terms of probation.
10 (14) Willfully making or filing false records or
11 reports in his or her practice, including, but not limited
12 to, false records filed with State agencies or departments.
13 (15) 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 (16) Charging for professional services not rendered,
19 including filing false statements for the collection of
20 fees for which services are not rendered.
21 (17) Practicing under a false or, except as provided by
22 law, an assumed name.
23 (18) Fraud or misrepresentation in applying for, or
24 procuring, a license under this Act or in connection with
25 applying for renewal of a license under this Act.
26 (19) Cheating on or attempting to subvert the licensing

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1 examination administered under this Act.
2 All fines imposed under this Section shall be paid within
360 days after the effective date of the order imposing the
4fine.
5 (b) The Department may refuse to issue or may suspend
6without hearing, as provided for in the Code of Civil
7Procedure, the license of any person who fails to file a
8return, or pay the tax, penalty, or interest shown in a filed
9return, or pay any final assessment of the tax, penalty, or
10interest as required by any tax Act administered by the
11Illinois Department of Revenue, until such time as the
12requirements of any such tax Act are satisfied in accordance
13with subsection (g) of Section 2105-15 of the Civil
14Administrative Code of Illinois.
15 (c) (Blank). 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 item (5) of subsection
20(a) of Section 2105-15 of the Civil Administrative Code of
21Illinois.
22 (d) 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

SB2439- 209 -LRB100 18051 XWW 33240 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 item (5) of
5subsection (a) of Section 2105-15 of the Civil Administrative
6Code of Illinois.
7 (e) 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
11end 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.
15 (f) In enforcing this Act, the Department, upon a showing
16of a possible violation, may compel an individual licensed to
17practice under this Act, or who has applied for licensure under
18this Act, to submit to a mental or physical examination, or
19both, as required by and at the expense of the Department. The
20Department may order the examining physician to present
21testimony concerning the mental or physical examination of the
22licensee or applicant. No information shall be excluded by
23reason of any common law or statutory privilege relating to
24communications between the licensee or applicant and the
25examining physician. The examining physicians shall be
26specifically designated by the Department. The individual to be

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

SB2439- 211 -LRB100 18051 XWW 33240 b
1 In instances in which the Secretary immediately suspends a
2person's license under this Section, a hearing on that person's
3license must be convened by the Department within 15 days after
4the suspension and completed without appreciable delay. The
5Department shall have the authority to review the subject
6individual'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 An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Department that he or she can resume practice in compliance
13with acceptable and prevailing standards under the provisions
14of his or her license.
15(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
1698-756, eff. 7-16-14.)
17 Section 155. The Home Inspector License Act is amended by
18changing Section 15-10 as follows:
19 (225 ILCS 441/15-10)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 15-10. Grounds for disciplinary action.
22 (a) The Department may refuse to issue or renew, or may
23revoke, suspend, place on probation, reprimand, or take other
24disciplinary or non-disciplinary action as the Department may

SB2439- 212 -LRB100 18051 XWW 33240 b
1deem appropriate, including imposing fines not to exceed
2$25,000 for each violation, with regard to any license for any
3one or combination of the following:
4 (1) Fraud or misrepresentation in applying for, or
5 procuring a license under this Act or in connection with
6 applying for renewal of a license under this Act.
7 (2) Failing to meet the minimum qualifications for
8 licensure as a home inspector established by this Act.
9 (3) Paying money, other than for the fees provided for
10 by this Act, or anything of value to an employee of the
11 Department to procure licensure under this Act.
12 (4) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or by
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States: (i) that
18 is a felony; (ii) that is a misdemeanor, an essential
19 element of which is dishonesty, or that is directly related
20 to the practice of the profession; or (iii) that is a crime
21 that subjects the licensee to compliance with the
22 requirements of the Sex Offender Registration Act.
23 (5) Committing an act or omission involving
24 dishonesty, fraud, or misrepresentation with the intent to
25 substantially benefit the licensee or another person or
26 with the intent to substantially injure another person.

SB2439- 213 -LRB100 18051 XWW 33240 b
1 (6) Violating a provision or standard for the
2 development or communication of home inspections as
3 provided in Section 10-5 of this Act or as defined in the
4 rules.
5 (7) Failing or refusing to exercise reasonable
6 diligence in the development, reporting, or communication
7 of a home inspection report, as defined by this Act or the
8 rules.
9 (8) Violating a provision of this Act or the rules.
10 (9) Having been disciplined by another state, the
11 District of Columbia, a territory, a foreign nation, a
12 governmental agency, or any other entity authorized to
13 impose discipline if at least one of the grounds for that
14 discipline is the same as or substantially equivalent to
15 one of the grounds for which a licensee may be disciplined
16 under this Act.
17 (10) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public.
20 (11) Accepting an inspection assignment when the
21 employment itself is contingent upon the home inspector
22 reporting a predetermined analysis or opinion, or when the
23 fee to be paid is contingent upon the analysis, opinion, or
24 conclusion reached or upon the consequences resulting from
25 the home inspection assignment.
26 (12) Developing home inspection opinions or

SB2439- 214 -LRB100 18051 XWW 33240 b
1 conclusions based on the race, color, religion, sex,
2 national origin, ancestry, age, marital status, family
3 status, physical or mental disability, or unfavorable
4 military discharge, as defined under the Illinois Human
5 Rights Act, of the prospective or present owners or
6 occupants of the area or property under home inspection.
7 (13) Being adjudicated liable in a civil proceeding on
8 grounds of fraud, misrepresentation, or deceit. In a
9 disciplinary proceeding based upon a finding of civil
10 liability, the home inspector shall be afforded an
11 opportunity to present mitigating and extenuating
12 circumstances, but may not collaterally attack the civil
13 adjudication.
14 (14) Being adjudicated liable in a civil proceeding for
15 violation of a State or federal fair housing law.
16 (15) Engaging in misleading or untruthful advertising
17 or using a trade name or insignia of membership in a home
18 inspection organization of which the licensee is not a
19 member.
20 (16) Failing, within 30 days, to provide information in
21 response to a written request made by the Department.
22 (17) Failing to include within the home inspection
23 report the home inspector's license number and the date of
24 expiration of the license. All home inspectors providing
25 significant contribution to the development and reporting
26 of a home inspection must be disclosed in the home

SB2439- 215 -LRB100 18051 XWW 33240 b
1 inspection report. It is a violation of this Act for a home
2 inspector to sign a home inspection report knowing that a
3 person providing a significant contribution to the report
4 has not been disclosed in the home inspection report.
5 (18) Advising a client as to whether the client should
6 or should not engage in a transaction regarding the
7 residential real property that is the subject of the home
8 inspection.
9 (19) Performing a home inspection in a manner that
10 damages or alters the residential real property that is the
11 subject of the home inspection without the consent of the
12 owner.
13 (20) Performing a home inspection when the home
14 inspector is providing or may also provide other services
15 in connection with the residential real property or
16 transaction, or has an interest in the residential real
17 property, without providing prior written notice of the
18 potential or actual conflict and obtaining the prior
19 consent of the client as provided by rule.
20 (21) Aiding or assisting another person in violating
21 any provision of this Act or rules adopted under this Act.
22 (22) Inability to practice with reasonable judgment,
23 skill, or safety as a result of habitual or excessive use
24 or addiction to alcohol, narcotics, stimulants, or any
25 other chemical agent or drug.
26 (23) A finding by the Department that the licensee,

SB2439- 216 -LRB100 18051 XWW 33240 b
1 after having his or her license placed on probationary
2 status, has violated the terms of probation.
3 (24) Willfully making or filing false records or
4 reports in his or her practice, including, but not limited
5 to, false records filed with State agencies or departments.
6 (25) Charging for professional services not rendered,
7 including filing false statements for the collection of
8 fees for which services are not rendered.
9 (26) Practicing under a false or, except as provided by
10 law, an assumed name.
11 (27) Cheating on or attempting to subvert the licensing
12 examination administered under this Act.
13 (b) The Department may suspend, revoke, or refuse to issue
14or renew an education provider's license, may reprimand, place
15on probation, or otherwise discipline an education provider
16licensee, and may suspend or revoke the course approval of any
17course offered by an education provider, for any of the
18following:
19 (1) Procuring or attempting to procure licensure by
20 knowingly making a false statement, submitting false
21 information, making any form of fraud or
22 misrepresentation, or refusing to provide complete
23 information in response to a question in an application for
24 licensure.
25 (2) Failing to comply with the covenants certified to
26 on the application for licensure as an education provider.

SB2439- 217 -LRB100 18051 XWW 33240 b
1 (3) Committing an act or omission involving
2 dishonesty, fraud, or misrepresentation or allowing any
3 such act or omission by any employee or contractor under
4 the control of the education provider.
5 (4) Engaging in misleading or untruthful advertising.
6 (5) Failing to retain competent instructors in
7 accordance with rules adopted under this Act.
8 (6) Failing to meet the topic or time requirements for
9 course approval as the provider of a pre-license curriculum
10 course or a continuing education course.
11 (7) Failing to administer an approved course using the
12 course materials, syllabus, and examinations submitted as
13 the basis of the course approval.
14 (8) Failing to provide an appropriate classroom
15 environment for presentation of courses, with
16 consideration for student comfort, acoustics, lighting,
17 seating, workspace, and visual aid material.
18 (9) Failing to maintain student records in compliance
19 with the rules adopted under this Act.
20 (10) Failing to provide a certificate, transcript, or
21 other student record to the Department or to a student as
22 may be required by rule.
23 (11) Failing to fully cooperate with a Department
24 investigation by knowingly making a false statement,
25 submitting false or misleading information, or refusing to
26 provide complete information in response to written

SB2439- 218 -LRB100 18051 XWW 33240 b
1 interrogatories or a written request for documentation
2 within 30 days of the request.
3 (c) In appropriate cases, the Department may resolve a
4complaint against a licensee through the issuance of a Consent
5to Administrative Supervision order. A licensee subject to a
6Consent to Administrative Supervision order shall be
7considered by the Department as an active licensee in good
8standing. This order shall not be reported as or considered by
9the Department to be a discipline of the licensee. The records
10regarding an investigation and a Consent to Administrative
11Supervision order shall be considered confidential and shall
12not be released by the Department except as mandated by law.
13The complainant shall be notified that his or her complaint has
14been resolved by a Consent to Administrative Supervision order.
15 (d) The Department may refuse to issue or may suspend
16without hearing, as provided for in the Code of Civil
17Procedure, the license of any person who fails to file a tax
18return, to pay the tax, penalty, or interest shown in a filed
19tax return, or to pay any final assessment of tax, penalty, or
20interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of the tax Act are satisfied in accordance with
23subsection (g) of Section 2105-15 of the Civil Administrative
24Code of Illinois.
25 (e) (Blank). The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an

SB2439- 219 -LRB100 18051 XWW 33240 b
1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with item (5) of subsection
4(a) of Section 2105-15 of the Civil Administrative Code of
5Illinois.
6 (f) In cases where the Department of Healthcare and Family
7Services has previously determined that a licensee or a
8potential licensee is more than 30 days delinquent in the
9payment of child support and has subsequently certified the
10delinquency to the Department, the Department may refuse to
11issue or renew or may revoke or suspend that person's license
12or may take other disciplinary action against that person based
13solely upon the certification of delinquency made by the
14Department of Healthcare and Family Services in accordance with
15item (5) of subsection (a) of Section 2105-15 of the Civil
16Administrative Code of Illinois.
17 (g) 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
23and the issuance of a court order so finding and discharging
24the patient.
25 (h) In enforcing this Act, the Department, upon a showing
26of a possible violation, may compel an individual licensed to

SB2439- 220 -LRB100 18051 XWW 33240 b
1practice under this Act, or who has applied for licensure under
2this Act, to submit to a mental or physical examination, or
3both, as required by and at the expense of the Department. The
4Department may order the examining physician to present
5testimony concerning the mental or physical examination of the
6licensee or applicant. No information shall be excluded by
7reason of any common law or statutory privilege relating to
8communications between the licensee or applicant and the
9examining physician. The examining physician shall be
10specifically designated by the Department. The individual to be
11examined may have, at his or her own expense, another physician
12of his or her choice present during all aspects of this
13examination. The examination shall be performed by a physician
14licensed to practice medicine in all its branches. Failure of
15an individual to submit to a mental or physical examination,
16when directed, shall result in an automatic suspension without
17hearing.
18 A person holding a license under this Act or who has
19applied for a license under this Act, who, because of a
20physical or mental illness or disability, including, but not
21limited to, deterioration through the aging process or loss of
22motor skill, is unable to practice the profession with
23reasonable judgment, skill, or safety, may be required by the
24Department to submit to care, counseling, or treatment by
25physicians approved or designated by the Department as a
26condition, term, or restriction for continued, reinstated, or

SB2439- 221 -LRB100 18051 XWW 33240 b
1renewed licensure to practice. Submission to care, counseling,
2or treatment as required by the Department shall not be
3considered discipline of a license. If the licensee refuses to
4enter into a care, counseling, or treatment agreement or fails
5to abide by the terms of the agreement, the Department may file
6a complaint to revoke, suspend, or otherwise discipline the
7license of the individual. The Secretary may order the license
8suspended immediately, pending a hearing by the Department.
9Fines shall not be assessed in disciplinary actions involving
10physical or mental illness or impairment.
11 In instances in which the Secretary immediately suspends a
12person's license under this Section, a hearing on that person's
13license must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department shall have the authority to review the subject
16individual's record of treatment and counseling regarding the
17impairment to the extent permitted by applicable federal
18statutes and regulations safeguarding the confidentiality of
19medical records.
20 An individual licensed under this Act and affected under
21this Section shall be afforded an opportunity to demonstrate to
22the Department that he or she can resume practice in compliance
23with acceptable and prevailing standards under the provisions
24of his or her license.
25(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;
2698-756, eff. 7-16-14.)

SB2439- 222 -LRB100 18051 XWW 33240 b
1 (225 ILCS 447/40-35 rep.)
2 Section 160. The Private Detective, Private Alarm, Private
3Security, Fingerprint Vendor, and Locksmith Act of 2004 is
4amended by repealing Section 40-35.
5 Section 165. The Illinois Public Accounting Act is amended
6by changing Section 20.01 as follows:
7 (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
8 (Section scheduled to be repealed on January 1, 2024)
9 Sec. 20.01. Grounds for discipline; license or
10registration.
11 (a) The Department may refuse to issue or renew, or may
12revoke, suspend, or reprimand any registration or registrant,
13any license or licensee, place a licensee or registrant on
14probation for a period of time subject to any conditions the
15Department may specify including requiring the licensee or
16registrant to attend continuing education courses or to work
17under the supervision of another licensee or registrant, impose
18a fine not to exceed $10,000 for each violation, restrict the
19authorized scope of practice, require a licensee or registrant
20to undergo a peer review program, assess costs as provided for
21under Section 20.4, or take other disciplinary or
22non-disciplinary action for any one or more of the following:
23 (1) Violation of any provision of this Act or rule

SB2439- 223 -LRB100 18051 XWW 33240 b
1 adopted by the Department under this Act or violation of
2 professional standards.
3 (2) Dishonesty, fraud, or deceit in obtaining,
4 reinstating, or restoring a license or registration.
5 (3) Cancellation, revocation, suspension, denial of
6 licensure or registration, or refusal to renew a license or
7 privileges under Section 5.2 for disciplinary reasons in
8 any other U.S. jurisdiction, unit of government, or
9 government agency for any cause.
10 (4) Failure, on the part of a licensee under Section 13
11 or registrant under Section 16, to maintain compliance with
12 the requirements for issuance or renewal of a license or
13 registration or to report changes to the Department.
14 (5) Revocation or suspension of the right to practice
15 by or before any state or federal regulatory authority or
16 by the Public Company Accounting Oversight Board.
17 (6) Dishonesty, fraud, deceit, or gross negligence in
18 the performance of services as a licensee or registrant or
19 individual granted privileges under Section 5.2.
20 (7) Conviction by plea of guilty or nolo contendere,
21 finding of guilt, jury verdict, or entry of judgment or
22 sentencing, including, but not limited to, convictions,
23 preceding sentences of supervision, conditional discharge,
24 or first offender probation, under the laws of any
25 jurisdiction of the United States that is (i) a felony or
26 (ii) a misdemeanor, an essential element of which is

SB2439- 224 -LRB100 18051 XWW 33240 b
1 dishonesty, or that is directly related to the practice of
2 public accounting.
3 (8) Performance of any fraudulent act while holding a
4 license or privilege issued under this Act or prior law.
5 (9) Practicing on a revoked, suspended, or inactive
6 license or registration.
7 (10) Making or filing a report or record that the
8 registrant or licensee knows to be false, willfully failing
9 to file a report or record required by State or federal
10 law, willfully impeding or obstructing the filing or
11 inducing another person to impede or obstruct only those
12 that are signed in the capacity of a licensed CPA or a
13 registered CPA.
14 (11) Aiding or assisting another person in violating
15 any provision of this Act or rules promulgated hereunder.
16 (12) Engaging in dishonorable, unethical, or
17 unprofessional conduct of a character likely to deceive,
18 defraud, or harm the public.
19 (13) Habitual or excessive use or abuse of drugs,
20 alcohol, narcotics, stimulants, or any other substance
21 that results in the inability to practice with reasonable
22 skill, judgment, or safety.
23 (14) Directly or indirectly giving to or receiving from
24 any person, firm, corporation, partnership, or association
25 any fee, commission, rebate, or other form of compensation
26 for any professional service not actually rendered.

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1 (15) Physical illness, including, but not limited to,
2 deterioration through the aging process or loss of motor
3 skill that results in the licensee or registrant's
4 inability to practice under this Act with reasonable
5 judgment, skill, or safety.
6 (16) Solicitation of professional services by using
7 false or misleading advertising.
8 (17) Any conduct reflecting adversely upon the
9 licensee's fitness to perform services while a licensee or
10 individual granted privileges under Section 5.2.
11 (18) Practicing or attempting to practice under a name
12 other than the full name as shown on the license or
13 registration or any other legally authorized name.
14 (19) A finding by the Department that a licensee or
15 registrant has not complied with a provision of any lawful
16 order issued by the Department.
17 (20) Making a false statement to the Department
18 regarding compliance with continuing professional
19 education or peer review requirements.
20 (21) Failing to make a substantive response to a
21 request for information by the Department within 30 days of
22 the request.
23 (b) (Blank).
24 (b-5) All fines or costs imposed under this Section shall
25be paid within 60 days after the effective date of the order
26imposing the fine or costs or in accordance with the terms set

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1forth in the order imposing the fine or cost.
2 (c) In cases where the Department of Healthcare and Family
3Services has previously determined a licensee or a potential
4licensee is more than 30 days delinquent in the payment of
5child support and has subsequently certified the delinquency to
6the Department, the Department may refuse to issue or renew or
7may revoke or suspend that person's license or may take other
8disciplinary or non-disciplinary action against that person
9based solely 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 Department
12of Professional Regulation Law of the Civil Administrative Code
13of Illinois.
14 (d) The Department may refuse to issue or may suspend
15without hearing, as provided for in the Code of Civil
16Procedure, the license or registration of any person who fails
17to file a return, to pay a tax, penalty, or interest shown in a
18filed return, or to pay any final assessment of tax, penalty,
19or interest, as required by any tax Act administered by the
20Illinois Department of Revenue, until such time as the
21requirements of any such tax Act are satisfied in accordance
22with subsection (g) of Section 2105-15 of the Department of
23Professional Regulation Law of the Civil Administrative Code of
24Illinois.
25 (e) (Blank). The Department shall deny any application for
26a license, registration, or renewal, without hearing, to any

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1person who has defaulted on an educational loan guaranteed by
2the Illinois Student Assistance Commission; however, the
3Department may issue a license, registration, or renewal if the
4person in default has established a satisfactory repayment
5record as determined by the Illinois Student Assistance
6Commission.
7 (f) The determination by a court that a licensee or
8registrant is subject to involuntary admission or judicial
9admission as provided in the Mental Health and Developmental
10Disabilities Code will result in the automatic suspension of
11his or her license or registration. The licensee or registrant
12shall be responsible for notifying the Department of the
13determination by the court that the licensee or registrant is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code. The suspension shall end only upon a finding by a court
17that the patient is no longer subject to involuntary admission
18or judicial admission, the issuance of an order so finding and
19discharging the patient, and the filing of a petition for
20restoration demonstrating fitness to practice.
21 (g) In enforcing this Section, the Department, upon a
22showing of a possible violation, may compel, any licensee or
23registrant or any individual who has applied for licensure
24under this Act, to submit to a mental or physical examination
25and evaluation, or both, which may include a substance abuse or
26sexual offender evaluation, at the expense of the Department.

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

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

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1registration under this Section, a hearing upon such person's
2license or registration must be convened by the Department
3within 15 days after such suspension and completed without
4appreciable delay. The Department shall have the authority to
5review the subject's record of treatment and counseling
6regarding the impairment, to the extent permitted by applicable
7federal statutes and regulations safeguarding the
8confidentiality of medical records.
9 Individuals licensed or registered under this Act,
10affected under this Section, shall be afforded an opportunity
11to demonstrate to the Department that they can resume practice
12in compliance with acceptable and prevailing standards under
13the provisions of their license or registration.
14(Source: P.A. 98-254, eff. 8-9-13.)
15 Section 170. The Real Estate License Act of 2000 is amended
16by changing Section 20-20 as follows:
17 (225 ILCS 454/20-20)
18 (Section scheduled to be repealed on January 1, 2020)
19 Sec. 20-20. Grounds for discipline.
20 (a) The Department may refuse to issue or renew a license,
21may place on probation, suspend, or revoke any license,
22reprimand, or take any other disciplinary or non-disciplinary
23action as the Department may deem proper and impose a fine not
24to exceed $25,000 upon any licensee or applicant under this Act