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

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-Engrossed.html



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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 1. Short title. This Act may be cited as the Career
5Preservation and Student Loan Repayment Act.
6 Section 5. License; student loan default. Notwithstanding
7any other provision of law, no governmental agency or board
8established under a statute of this State may impose or refer a
9matter to any other governmental agency to impose a denial,
10refusal to renew, suspension, revocation, or other
11disciplinary action upon a professional or occupational
12license issued under the laws of this State for a person's
13delinquency, default, or other failure to perform on an
14educational loan or scholarship provided by or guaranteed by
15the Illinois Student Assistance Commission or any governmental
16agency of this State.
17 Section 705. The Department of Professional Regulation Law
18of the Civil Administrative Code of Illinois is amended by
19changing Sections 2105-15 and 2105-207 as follows:
20 (20 ILCS 2105/2105-15)
21 Sec. 2105-15. General powers and duties.

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1 (a) The Department has, subject to the provisions of the
2Civil Administrative Code of Illinois, the following powers and
3duties:
4 (1) To authorize examinations in English to ascertain
5 the qualifications and fitness of applicants to exercise
6 the profession, trade, or occupation for which the
7 examination is held.
8 (2) To prescribe rules and regulations for a fair and
9 wholly impartial method of examination of candidates to
10 exercise the respective professions, trades, or
11 occupations.
12 (3) To pass upon the qualifications of applicants for
13 licenses, certificates, and authorities, whether by
14 examination, by reciprocity, or by endorsement.
15 (4) To prescribe rules and regulations defining, for
16 the respective professions, trades, and occupations, what
17 shall constitute a school, college, or university, or
18 department of a university, or other institution,
19 reputable and in good standing, and to determine the
20 reputability and good standing of a school, college, or
21 university, or department of a university, or other
22 institution, reputable and in good standing, by reference
23 to a compliance with those rules and regulations; provided,
24 that no school, college, or university, or department of a
25 university, or other institution that refuses admittance
26 to applicants solely on account of race, color, creed, sex,

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1 sexual orientation, or national origin shall be considered
2 reputable and in good standing.
3 (5) To conduct hearings on proceedings to revoke,
4 suspend, refuse to renew, place on probationary status, or
5 take other disciplinary action as authorized in any
6 licensing Act administered by the Department with regard to
7 licenses, certificates, or authorities of persons
8 exercising the respective professions, trades, or
9 occupations and to revoke, suspend, refuse to renew, place
10 on probationary status, or take other disciplinary action
11 as authorized in any licensing Act administered by the
12 Department with regard to those licenses, certificates, or
13 authorities.
14 The Department shall issue a monthly disciplinary
15 report.
16 The Department shall deny any license or renewal
17 authorized by the Civil Administrative Code of Illinois to
18 any person who has defaulted on an educational loan or
19 scholarship provided by or guaranteed by the Illinois
20 Student Assistance Commission or any governmental agency
21 of this State; however, the Department may issue a license
22 or renewal if the aforementioned persons have established a
23 satisfactory repayment record as determined by the
24 Illinois Student Assistance Commission or other
25 appropriate governmental agency of this State.
26 Additionally, beginning June 1, 1996, any license issued by

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1 the Department may be suspended or revoked if the
2 Department, after the opportunity for a hearing under the
3 appropriate licensing Act, finds that the licensee has
4 failed to make satisfactory repayment to the Illinois
5 Student Assistance Commission for a delinquent or
6 defaulted loan. For the purposes of this Section,
7 "satisfactory repayment record" shall be defined by rule.
8 The Department shall refuse to issue or renew a license
9 to, or shall suspend or revoke a license of, any person
10 who, after receiving notice, fails to comply with a
11 subpoena or warrant relating to a paternity or child
12 support proceeding. However, the Department may issue a
13 license or renewal upon compliance with the subpoena or
14 warrant.
15 The Department, without further process or hearings,
16 shall revoke, suspend, or deny any license or renewal
17 authorized by the Civil Administrative Code of Illinois to
18 a person who is certified by the Department of Healthcare
19 and Family Services (formerly Illinois Department of
20 Public Aid) as being more than 30 days delinquent in
21 complying with a child support order or who is certified by
22 a court as being in violation of the Non-Support Punishment
23 Act for more than 60 days. The Department may, however,
24 issue a license or renewal if the person has established a
25 satisfactory repayment record as determined by the
26 Department of Healthcare and Family Services (formerly

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1 Illinois Department of Public Aid) or if the person is
2 determined by the court to be in compliance with the
3 Non-Support Punishment Act. The Department may implement
4 this paragraph as added by Public Act 89-6 through the use
5 of emergency rules in accordance with Section 5-45 of the
6 Illinois Administrative Procedure Act. For purposes of the
7 Illinois Administrative Procedure Act, the adoption of
8 rules to implement this paragraph shall be considered an
9 emergency and necessary for the public interest, safety,
10 and welfare.
11 (6) To transfer jurisdiction of any realty under the
12 control of the Department to any other department of the
13 State Government or to acquire or accept federal lands when
14 the transfer, acquisition, or acceptance is advantageous
15 to the State and is approved in writing by the Governor.
16 (7) To formulate rules and regulations necessary for
17 the enforcement of any Act administered by the Department.
18 (8) To exchange with the Department of Healthcare and
19 Family Services information that may be necessary for the
20 enforcement of child support orders entered pursuant to the
21 Illinois Public Aid Code, the Illinois Marriage and
22 Dissolution of Marriage Act, the Non-Support of Spouse and
23 Children Act, the Non-Support Punishment Act, the Revised
24 Uniform Reciprocal Enforcement of Support Act, the Uniform
25 Interstate Family Support Act, the Illinois Parentage Act
26 of 1984, or the Illinois Parentage Act of 2015.

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1 Notwithstanding any provisions in this Code to the
2 contrary, the Department of Professional Regulation shall
3 not be liable under any federal or State law to any person
4 for any disclosure of information to the Department of
5 Healthcare and Family Services (formerly Illinois
6 Department of Public Aid) under this paragraph (8) or for
7 any other action taken in good faith to comply with the
8 requirements of this paragraph (8).
9 (8.5) To accept continuing education credit for
10 mandated reporter training on how to recognize and report
11 child abuse offered by the Department of Children and
12 Family Services and completed by any person who holds a
13 professional license issued by the Department and who is a
14 mandated reporter under the Abused and Neglected Child
15 Reporting Act. The Department shall adopt any rules
16 necessary to implement this paragraph.
17 (9) To perform other duties prescribed by law.
18 (a-5) Except in cases involving default on an educational
19loan or scholarship provided by or guaranteed by the Illinois
20Student Assistance Commission or any governmental agency of
21this State or in cases involving delinquency in complying with
22a child support order or violation of the Non-Support
23Punishment Act and notwithstanding anything that may appear in
24any individual licensing Act or administrative rule, no person
25or entity whose license, certificate, or authority has been
26revoked as authorized in any licensing Act administered by the

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1Department may apply for restoration of that license,
2certification, or authority until 3 years after the effective
3date of the revocation.
4 (b) (Blank).
5 (c) For the purpose of securing and preparing evidence, and
6for the purchase of controlled substances, professional
7services, and equipment necessary for enforcement activities,
8recoupment of investigative costs, and other activities
9directed at suppressing the misuse and abuse of controlled
10substances, including those activities set forth in Sections
11504 and 508 of the Illinois Controlled Substances Act, the
12Director and agents appointed and authorized by the Director
13may expend sums from the Professional Regulation Evidence Fund
14that the Director deems necessary from the amounts appropriated
15for that purpose. Those sums may be advanced to the agent when
16the Director deems that procedure to be in the public interest.
17Sums for the purchase of controlled substances, professional
18services, and equipment necessary for enforcement activities
19and other activities as set forth in this Section shall be
20advanced to the agent who is to make the purchase from the
21Professional Regulation Evidence Fund on vouchers signed by the
22Director. The Director and those agents are authorized to
23maintain one or more commercial checking accounts with any
24State banking corporation or corporations organized under or
25subject to the Illinois Banking Act for the deposit and
26withdrawal of moneys to be used for the purposes set forth in

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1this Section; provided, that no check may be written nor any
2withdrawal made from any such account except upon the written
3signatures of 2 persons designated by the Director to write
4those checks and make those withdrawals. Vouchers for those
5expenditures must be signed by the Director. All such
6expenditures shall be audited by the Director, and the audit
7shall be submitted to the Department of Central Management
8Services for approval.
9 (d) Whenever the Department is authorized or required by
10law to consider some aspect of criminal history record
11information for the purpose of carrying out its statutory
12powers and responsibilities, then, upon request and payment of
13fees in conformance with the requirements of Section 2605-400
14of the Department of State Police Law (20 ILCS 2605/2605-400),
15the Department of State Police is authorized to furnish,
16pursuant to positive identification, the information contained
17in State files that is necessary to fulfill the request.
18 (e) The provisions of this Section do not apply to private
19business and vocational schools as defined by Section 15 of the
20Private Business and Vocational Schools Act of 2012.
21 (f) (Blank).
22 (g) Notwithstanding anything that may appear in any
23individual licensing statute or administrative rule, the
24Department shall deny any license application or renewal
25authorized under any licensing Act administered by the
26Department to any person who has failed to file a return, or to

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1pay the tax, penalty, or interest shown in a filed return, or
2to pay 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 requirement of any such tax
5Act are satisfied; however, the Department may issue a license
6or renewal if the person has established a satisfactory
7repayment record as determined by the Illinois Department of
8Revenue. For the purpose of this Section, "satisfactory
9repayment record" shall be defined by rule.
10 In addition, a complaint filed with the Department by the
11Illinois Department of Revenue that includes a certification,
12signed by its Director or designee, attesting to the amount of
13the unpaid tax liability or the years for which a return was
14not filed, or both, is prima facie evidence of the licensee's
15failure to comply with the tax laws administered by the
16Illinois Department of Revenue. Upon receipt of that
17certification, the Department shall, without a hearing,
18immediately suspend all licenses held by the licensee.
19Enforcement of the Department's order shall be stayed for 60
20days. The Department shall provide notice of the suspension to
21the licensee by mailing a copy of the Department's order to the
22licensee's address of record or emailing a copy of the order to
23the licensee's email address of record. The notice shall advise
24the licensee that the suspension shall be effective 60 days
25after the issuance of the Department's order unless the
26Department receives, from the licensee, a request for a hearing

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1before the Department to dispute the matters contained in the
2order.
3 Any suspension imposed under this subsection (g) shall be
4terminated by the Department upon notification from the
5Illinois Department of Revenue that the licensee is in
6compliance with all tax laws administered by the Illinois
7Department of Revenue.
8 The Department may promulgate rules for the administration
9of this subsection (g).
10 (h) The Department may grant the title "Retired", to be
11used immediately adjacent to the title of a profession
12regulated by the Department, to eligible retirees. For
13individuals licensed under the Medical Practice Act of 1987,
14the title "Retired" may be used in the profile required by the
15Patients' Right to Know Act. The use of the title "Retired"
16shall not constitute representation of current licensure,
17registration, or certification. Any person without an active
18license, registration, or certificate in a profession that
19requires licensure, registration, or certification shall not
20be permitted to practice that profession.
21 (i) Within 180 days after December 23, 2009 (the effective
22date of Public Act 96-852), the Department shall promulgate
23rules which permit a person with a criminal record, who seeks a
24license or certificate in an occupation for which a criminal
25record is not expressly a per se bar, to apply to the
26Department for a non-binding, advisory opinion to be provided

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1by the Board or body with the authority to issue the license or
2certificate as to whether his or her criminal record would bar
3the individual from the licensure or certification sought,
4should the individual meet all other licensure requirements
5including, but not limited to, the successful completion of the
6relevant examinations.
7(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
8eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
9100-262, eff. 8-22-17; revised 10-4-17.)
10 (20 ILCS 2105/2105-207)
11 Sec. 2105-207. Records of Department actions.
12 (a) Any licensee subject to a licensing Act administered by
13the Division of Professional Regulation and who has been
14subject to disciplinary action by the Department may file an
15application with the Department on forms provided by the
16Department, along with the required fee of $175, to have the
17records classified as confidential, not for public release, and
18considered expunged for reporting purposes if:
19 (1) the application is submitted more than 3 years
20 after the disciplinary offense or offenses occurred or
21 after restoration of the license, whichever is later;
22 (2) the licensee has had no incidents of discipline
23 under the licensing Act since the disciplinary offense or
24 offenses identified in the application occurred;
25 (3) the Department has no pending investigations

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1 against the licensee; and
2 (4) the licensee is not currently in a disciplinary
3 status.
4 (b) An application to make disciplinary records
5confidential shall only be considered by the Department for an
6offense or action relating to:
7 (1) failure to pay taxes or student loans;
8 (2) continuing education;
9 (3) failure to renew a license on time;
10 (4) failure to obtain or renew a certificate of
11 registration or ancillary license;
12 (5) advertising;
13 (5.1) discipline based on criminal charges or
14 convictions:
15 (A) that did not arise from the licensed activity
16 and was unrelated to the licensed activity; or
17 (B) that were dismissed or for which records have
18 been sealed or expunged; .
19 (5.2) past probationary status of a license issued to
20 new applicants on the sole or partial basis of prior
21 convictions; or
22 (6) any grounds for discipline removed from the
23 licensing Act.
24 (c) An application shall be submitted to and considered by
25the Director of the Division of Professional Regulation upon
26submission of an application and the required non-refundable

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1fee. The Department may establish additional requirements by
2rule. The Department is not required to report the removal of
3any disciplinary record to any national database. Nothing in
4this Section shall prohibit the Department from using a
5previous discipline for any regulatory purpose or from
6releasing records of a previous discipline upon request from
7law enforcement, or other governmental body as permitted by
8law. Classification of records as confidential shall result in
9removal of records of discipline from records kept pursuant to
10Sections 2105-200 and 2105-205 of this Act.
11 (d) Any applicant for licensure or a licensee whose
12petition for review is granted by the Department pursuant to
13subsection (a-1) of Section 2105-165 of this Law may file an
14application with the Department on forms provided by the
15Department to have records relating to his or her permanent
16denial or permanent revocation classified as confidential and
17not for public release and considered expunged for reporting
18purposes in the same manner and under the same terms as is
19provided in this Section for the offenses listed in subsection
20(b) of this Section, except that the requirements of a 7-year
21waiting period and the $200 application fee do not apply.
22(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
23revised 10-4-17.)
24 (20 ILCS 3310/80 rep.)
25 Section 710. The Nuclear Safety Law of 2004 is amended by

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1repealing Section 80.
2 Section 715. The School Code is amended by changing Section
321B-75 as follows:
4 (105 ILCS 5/21B-75)
5 Sec. 21B-75. Suspension or revocation of license.
6 (a) As used in this Section, "teacher" means any school
7district employee regularly required to be licensed, as
8provided in this Article, in order to teach or supervise in the
9public schools.
10 (b) The State Superintendent of Education has the exclusive
11authority, in accordance with this Section and any rules
12adopted by the State Board of Education, in consultation with
13the State Educator Preparation and Licensure Board, to initiate
14the suspension of up to 5 calendar years or revocation of any
15license issued pursuant to this Article for abuse or neglect of
16a child, immorality, a condition of health detrimental to the
17welfare of pupils, incompetency, unprofessional conduct (which
18includes the failure to disclose on an employment application
19any previous conviction for a sex offense, as defined in
20Section 21B-80 of this Code, or any other offense committed in
21any other state or against the laws of the United States that,
22if committed in this State, would be punishable as a sex
23offense, as defined in Section 21B-80 of this Code), the
24neglect of any professional duty, willful failure to report an

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1instance of suspected child abuse or neglect as required by the
2Abused and Neglected Child Reporting Act, failure to establish
3satisfactory repayment on an educational loan guaranteed by the
4Illinois Student Assistance Commission, or other just cause.
5Unprofessional conduct shall include the refusal to attend or
6participate in institutes, teachers' meetings, or professional
7readings or to meet other reasonable requirements of the
8regional superintendent of schools or State Superintendent of
9Education. Unprofessional conduct also includes conduct that
10violates the standards, ethics, or rules applicable to the
11security, administration, monitoring, or scoring of or the
12reporting of scores from any assessment test or examination
13administered under Section 2-3.64a-5 of this Code or that is
14known or intended to produce or report manipulated or
15artificial, rather than actual, assessment or achievement
16results or gains from the administration of those tests or
17examinations. Unprofessional conduct shall also include
18neglect or unnecessary delay in the making of statistical and
19other reports required by school officers. Incompetency shall
20include, without limitation, 2 or more school terms of service
21for which the license holder has received an unsatisfactory
22rating on a performance evaluation conducted pursuant to
23Article 24A of this Code within a period of 7 school terms of
24service. In determining whether to initiate action against one
25or more licenses based on incompetency and the recommended
26sanction for such action, the State Superintendent shall

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1consider factors that include without limitation all of the
2following:
3 (1) Whether the unsatisfactory evaluation ratings
4 occurred prior to June 13, 2011 (the effective date of
5 Public Act 97-8).
6 (2) Whether the unsatisfactory evaluation ratings
7 occurred prior to or after the implementation date, as
8 defined in Section 24A-2.5 of this Code, of an evaluation
9 system for teachers in a school district.
10 (3) Whether the evaluator or evaluators who performed
11 an unsatisfactory evaluation met the pre-licensure and
12 training requirements set forth in Section 24A-3 of this
13 Code.
14 (4) The time between the unsatisfactory evaluation
15 ratings.
16 (5) The quality of the remediation plans associated
17 with the unsatisfactory evaluation ratings and whether the
18 license holder successfully completed the remediation
19 plans.
20 (6) Whether the unsatisfactory evaluation ratings were
21 related to the same or different assignments performed by
22 the license holder.
23 (7) Whether one or more of the unsatisfactory
24 evaluation ratings occurred in the first year of a teaching
25 or administrative assignment.
26When initiating an action against one or more licenses, the

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1State Superintendent may seek required professional
2development as a sanction in lieu of or in addition to
3suspension or revocation. Any such required professional
4development must be at the expense of the license holder, who
5may use, if available and applicable to the requirements
6established by administrative or court order, training,
7coursework, or other professional development funds in
8accordance with the terms of an applicable collective
9bargaining agreement entered into after June 13, 2011 (the
10effective date of Public Act 97-8), unless that agreement
11specifically precludes use of funds for such purpose.
12 (c) The State Superintendent of Education shall, upon
13receipt of evidence of abuse or neglect of a child, immorality,
14a condition of health detrimental to the welfare of pupils,
15incompetency (subject to subsection (b) of this Section),
16unprofessional conduct, the neglect of any professional duty,
17or other just cause, further investigate and, if and as
18appropriate, serve written notice to the individual and afford
19the individual opportunity for a hearing prior to suspension,
20revocation, or other sanction; provided that the State
21Superintendent is under no obligation to initiate such an
22investigation if the Department of Children and Family Services
23is investigating the same or substantially similar allegations
24and its child protective service unit has not made its
25determination, as required under Section 7.12 of the Abused and
26Neglected Child Reporting Act. If the State Superintendent of

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1Education does not receive from an individual a request for a
2hearing within 10 days after the individual receives notice,
3the suspension, revocation, or other sanction shall
4immediately take effect in accordance with the notice. If a
5hearing is requested within 10 days after notice of an
6opportunity for hearing, it shall act as a stay of proceedings
7until the State Educator Preparation and Licensure Board issues
8a decision. Any hearing shall take place in the educational
9service region where the educator is or was last employed and
10in accordance with rules adopted by the State Board of
11Education, in consultation with the State Educator Preparation
12and Licensure Board, and such rules shall include without
13limitation provisions for discovery and the sharing of
14information between parties prior to the hearing. The standard
15of proof for any administrative hearing held pursuant to this
16Section shall be by the preponderance of the evidence. The
17decision of the State Educator Preparation and Licensure Board
18is a final administrative decision and is subject to judicial
19review by appeal of either party.
20 The State Board of Education may refuse to issue or may
21suspend the license of any person who fails to file a return or
22to pay the tax, penalty, or interest shown in a filed return or
23to pay any final assessment of tax, penalty, or interest, as
24required by any tax Act administered by the Department of
25Revenue, until such time as the requirements of any such tax
26Act are satisfied.

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1 The exclusive authority of the State Superintendent of
2Education to initiate suspension or revocation of a license
3pursuant to this Section does not preclude a regional
4superintendent of schools from cooperating with the State
5Superintendent or a State's Attorney with respect to an
6investigation of alleged misconduct.
7 (d) The State Superintendent of Education or his or her
8designee may initiate and conduct such investigations as may be
9reasonably necessary to establish the existence of any alleged
10misconduct. At any stage of the investigation, the State
11Superintendent may issue a subpoena requiring the attendance
12and testimony of a witness, including the license holder, and
13the production of any evidence, including files, records,
14correspondence, or documents, relating to any matter in
15question in the investigation. The subpoena shall require a
16witness to appear at the State Board of Education at a
17specified date and time and shall specify any evidence to be
18produced. The license holder is not entitled to be present, but
19the State Superintendent shall provide the license holder with
20a copy of any recorded testimony prior to a hearing under this
21Section. Such recorded testimony must not be used as evidence
22at a hearing, unless the license holder has adequate notice of
23the testimony and the opportunity to cross-examine the witness.
24Failure of a license holder to comply with a duly issued,
25investigatory subpoena may be grounds for revocation,
26suspension, or denial of a license.

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1 (e) All correspondence, documentation, and other
2information so received by the regional superintendent of
3schools, the State Superintendent of Education, the State Board
4of Education, or the State Educator Preparation and Licensure
5Board under this Section is confidential and must not be
6disclosed to third parties, except (i) as necessary for the
7State Superintendent of Education or his or her designee to
8investigate and prosecute pursuant to this Article, (ii)
9pursuant to a court order, (iii) for disclosure to the license
10holder or his or her representative, or (iv) as otherwise
11required in this Article and provided that any such information
12admitted into evidence in a hearing is exempt from this
13confidentiality and non-disclosure requirement.
14 (f) The State Superintendent of Education or a person
15designated by him or her shall have the power to administer
16oaths to witnesses at any hearing conducted before the State
17Educator Preparation and Licensure Board pursuant to this
18Section. The State Superintendent of Education or a person
19designated by him or her is authorized to subpoena and bring
20before the State Educator Preparation and Licensure Board any
21person in this State and to take testimony either orally or by
22deposition or by exhibit, with the same fees and mileage and in
23the same manner as prescribed by law in judicial proceedings in
24civil cases in circuit courts of this State.
25 (g) Any circuit court, upon the application of the State
26Superintendent of Education or the license holder, may, by

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1order duly entered, require the attendance of witnesses and the
2production of relevant books and papers as part of any
3investigation or at any hearing the State Educator Preparation
4and Licensure Board is authorized to conduct pursuant to this
5Section, and the court may compel obedience to its orders by
6proceedings for contempt.
7 (h) The State Board of Education shall receive an annual
8line item appropriation to cover fees associated with the
9investigation and prosecution of alleged educator misconduct
10and hearings related thereto.
11(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
126-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
13 Section 717. The Nursing Education Scholarship Law is
14amended by changing Section 4 as follows:
15 (110 ILCS 975/4) (from Ch. 144, par. 2754)
16 Sec. 4. Functions of Department. The Department shall
17prepare and supervise the issuance of public information about
18the provisions of this Article; prescribe the form and regulate
19the submission of applications for scholarships; determine the
20eligibility of applicants; award the appropriate scholarships;
21prescribe the contracts or other acknowledgments of
22scholarship which an applicant is required to execute; and
23determine whether all or any part of a recipient's scholarship
24needs to be monetarily repaid, or has been excused from

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1repayment, and the extent of any repayment or excused
2repayment. The Department may require a recipient to reimburse
3the State for expenses, including but not limited to attorney's
4fees, incurred by the Department or other agent of the State
5for a successful legal action against the recipient for a
6breach of any provision of the scholarship contract. In a
7breach of contract, the Department may utilize referral to the
8Department of Professional Regulation to revoke, suspend,
9refuse to renew, place on probationary status, or take other
10disciplinary action concerning the recipient's credentials.
11The Department is authorized to make all necessary and proper
12rules, not inconsistent with this Article, for the efficient
13exercise of the foregoing functions.
14(Source: P.A. 92-43, eff. 1-1-02.)
15 Section 720. The Illinois Insurance Code is amended by
16changing Section 500-70 as follows:
17 (215 ILCS 5/500-70)
18 (Section scheduled to be repealed on January 1, 2027)
19 Sec. 500-70. License denial, nonrenewal, or revocation.
20 (a) The Director may place on probation, suspend, revoke,
21or refuse to issue or renew an insurance producer's license or
22may levy a civil penalty in accordance with this Section or
23take any combination of actions, for any one or more of the
24following causes:

SB2439 Engrossed- 23 -LRB100 18051 XWW 33240 b
1 (1) providing incorrect, misleading, incomplete, or
2 materially untrue information in the license application;
3 (2) violating any insurance laws, or violating any
4 rule, subpoena, or order of the Director or of another
5 state's insurance commissioner;
6 (3) obtaining or attempting to obtain a license through
7 misrepresentation or fraud;
8 (4) improperly withholding, misappropriating or
9 converting any moneys or properties received in the course
10 of doing insurance business;
11 (5) intentionally misrepresenting the terms of an
12 actual or proposed insurance contract or application for
13 insurance;
14 (6) having been convicted of a felony, unless the
15 individual demonstrates to the Director sufficient
16 rehabilitation to warrant the public trust; consideration
17 of such conviction of an applicant shall be in accordance
18 with Section 500-76;
19 (7) having admitted or been found to have committed any
20 insurance unfair trade practice or fraud;
21 (8) using fraudulent, coercive, or dishonest
22 practices, or demonstrating incompetence,
23 untrustworthiness or financial irresponsibility in the
24 conduct of business in this State or elsewhere;
25 (9) having an insurance producer license, or its
26 equivalent, denied, suspended, or revoked in any other

SB2439 Engrossed- 24 -LRB100 18051 XWW 33240 b
1 state, province, district or territory;
2 (10) forging a name to an application for insurance or
3 to a document related to an insurance transaction;
4 (11) improperly using notes or any other reference
5 material to complete an examination for an insurance
6 license;
7 (12) knowingly accepting insurance business from an
8 individual who is not licensed;
9 (13) failing to comply with an administrative or court
10 order imposing a child support obligation;
11 (14) failing to pay state income tax or penalty or
12 interest or comply with any administrative or court order
13 directing payment of state income tax or failed to file a
14 return or to pay any final assessment of any tax due to the
15 Department of Revenue;
16 (15) (blank); or failing to make satisfactory
17 repayment to the Illinois Student Assistance Commission
18 for a delinquent or defaulted student loan; or
19 (16) failing to comply with any provision of the
20 Viatical Settlements Act of 2009.
21 (b) If the action by the Director is to nonrenew, suspend,
22or revoke a license or to deny an application for a license,
23the Director shall notify the applicant or licensee and advise,
24in writing, the applicant or licensee of the reason for the
25suspension, revocation, denial or nonrenewal of the
26applicant's or licensee's license. The applicant or licensee

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

SB2439 Engrossed- 26 -LRB100 18051 XWW 33240 b
1license, the licensee or other person having possession or
2custody of the license shall promptly deliver it to the
3Director in person or by mail. The Director shall publish all
4suspensions, denials, or revocations after the suspensions,
5denials, or revocations become final in a manner designed to
6notify interested insurance companies and other persons.
7 (g) A person whose license is revoked or whose application
8is denied pursuant to this Section is ineligible to apply for
9any license for 3 years after the revocation or denial. A
10person whose license as an insurance producer has been revoked,
11suspended, or denied may not be employed, contracted, or
12engaged in any insurance related capacity during the time the
13revocation, suspension, or denial is in effect.
14(Source: P.A. 100-286, eff. 1-1-18.)
15 Section 725. The Illinois Athletic Trainers Practice Act is
16amended by changing Section 16 as follows:
17 (225 ILCS 5/16) (from Ch. 111, par. 7616)
18 (Section scheduled to be repealed on January 1, 2026)
19 Sec. 16. Grounds for discipline.
20 (1) The Department may refuse to issue or renew, or may
21revoke, suspend, place on probation, reprimand, or take other
22disciplinary action as the Department may deem proper,
23including fines not to exceed $10,000 for each violation, with
24regard to any licensee for any one or combination of the

SB2439 Engrossed- 27 -LRB100 18051 XWW 33240 b
1following:
2 (A) Material misstatement in furnishing information to
3 the Department;
4 (B) Violations of this Act, or of the rules or
5 regulations promulgated hereunder;
6 (C) Conviction of or plea of guilty to any crime under
7 the Criminal Code of 2012 or the laws of any jurisdiction
8 of the United States that is (i) a felony, (ii) a
9 misdemeanor, an essential element of which is dishonesty,
10 or (iii) of any crime that is directly related to the
11 practice of the profession;
12 (D) Fraud or any misrepresentation in applying for or
13 procuring a license under this Act, or in connection with
14 applying for renewal of a license under this Act;
15 (E) Professional incompetence or gross negligence;
16 (F) Malpractice;
17 (G) Aiding or assisting another person, firm,
18 partnership, or corporation in violating any provision of
19 this Act or rules;
20 (H) Failing, within 60 days, to provide information in
21 response to a written request made by the Department;
22 (I) Engaging in dishonorable, unethical, or
23 unprofessional conduct of a character likely to deceive,
24 defraud or harm the public;
25 (J) Habitual or excessive use or abuse of drugs defined
26 in law as controlled substances, alcohol, or any other

SB2439 Engrossed- 28 -LRB100 18051 XWW 33240 b
1 substance that results in the inability to practice with
2 reasonable judgment, skill, or safety;
3 (K) Discipline by another state, unit of government,
4 government agency, the District of Columbia, territory, 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 herein;
8 (L) 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. Nothing in this subparagraph (L) affects any bona
13 fide independent contractor or employment arrangements
14 among health care professionals, health facilities, health
15 care providers, or other entities, except as otherwise
16 prohibited by law. Any employment arrangements may include
17 provisions for compensation, health insurance, pension, or
18 other employment benefits for the provision of services
19 within the scope of the licensee's practice under this Act.
20 Nothing in this subparagraph (L) shall be construed to
21 require an employment arrangement to receive professional
22 fees for services rendered;
23 (M) A finding by the Department that the licensee after
24 having his or her license disciplined has violated the
25 terms of probation;
26 (N) Abandonment of an athlete;

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

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

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1 All fines imposed under this Section shall be paid within
260 days after the effective date of the order imposing the fine
3or in accordance with the terms set forth in the order imposing
4the fine.
5 (2) The determination by a circuit court that a licensee is
6subject to involuntary admission or judicial admission as
7provided in the Mental Health and Developmental Disabilities
8Code operates as an automatic suspension. Such suspension will
9end only upon a finding by a court that the licensee is no
10longer subject to involuntary admission or judicial admission
11and issuance of an order so finding and discharging the
12licensee.
13 (3) The Department may refuse to issue or may suspend
14without hearing, as provided for in the Code of Civil
15Procedure, the license of any person who fails to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied in accordance
21with subsection (a) of Section 2105-15 of the Department of
22Professional Regulation Law of the Civil Administrative Code of
23Illinois.
24 (4) In enforcing this Section, the Department, upon a
25showing of a possible violation, may compel any individual who
26is licensed under this Act or any individual who has applied

SB2439 Engrossed- 32 -LRB100 18051 XWW 33240 b
1for licensure to submit to a mental or physical examination or
2evaluation, or both, which may include a substance abuse or
3sexual offender evaluation, at the expense of the Department.
4The 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 and evaluation.
8The multidisciplinary team shall be led by a physician licensed
9to practice medicine in all of its branches and may consist of
10one or more or a combination of physicians licensed to practice
11medicine in all of its branches, licensed chiropractic
12physicians, licensed clinical psychologists, licensed clinical
13social workers, licensed clinical professional counselors, and
14other professional and administrative staff. Any examining
15physician or member of the multidisciplinary team may require
16any person ordered to submit to an examination and evaluation
17pursuant 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. The Department may order the

SB2439 Engrossed- 33 -LRB100 18051 XWW 33240 b
1examining physician or any member of the multidisciplinary team
2to present testimony concerning this examination and
3evaluation of the licensee or applicant, including testimony
4concerning any supplemental testing or documents relating to
5the examination and evaluation. No information, report,
6record, or other documents in any way related to the
7examination and evaluation shall be excluded by reason of any
8common law or statutory privilege relating to communication
9between the licensee or applicant and the examining physician
10or any member of the multidisciplinary team. No authorization
11is necessary from the licensee or applicant ordered to undergo
12an evaluation and examination for the examining physician or
13any member of the multidisciplinary team to provide
14information, reports, records, or other documents or to provide
15any testimony regarding the examination and evaluation. The
16individual to be examined may have, at his or her own expense,
17another physician of his or her choice present during all
18aspects of the examination.
19 Failure of any individual to submit to a mental or physical
20examination or evaluation, or both, when directed, shall result
21in an automatic suspension without hearing, until such time as
22the individual submits to the examination. If the Department
23finds a licensee unable to practice because of the reasons set
24forth in this Section, the Department shall require the
25licensee to submit to care, counseling, or treatment by
26physicians approved or designated by the Department as a

SB2439 Engrossed- 34 -LRB100 18051 XWW 33240 b
1condition for continued, reinstated, or renewed licensure.
2 When the Secretary immediately suspends a license under
3this Section, a hearing upon such 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 who are affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Department that they can resume practice in compliance with
13acceptable and prevailing standards under the provisions of
14their license.
15 (5) (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 paragraph (5) of
20subsection (a) of Section 2105-15 of the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois.
23 (6) 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

SB2439 Engrossed- 35 -LRB100 18051 XWW 33240 b
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 paragraph (5)
6of subsection (a) of Section 2105-15 of the Department of
7Professional Regulation Law of the Civil Administrative Code of
8Illinois.
9(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)
10 Section 730. The Dietitian Nutritionist Practice Act is
11amended by changing Section 95 as follows:
12 (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
13 (Section scheduled to be repealed on January 1, 2023)
14 Sec. 95. Grounds for discipline.
15 (1) The Department may refuse to issue or renew, or may
16revoke, suspend, place on probation, reprimand, or take other
17disciplinary or non-disciplinary action as the Department may
18deem appropriate, including imposing fines not to exceed
19$10,000 for each violation, with regard to any license or
20certificate for any one or combination of the following causes:
21 (a) Material misstatement in furnishing information to
22 the Department.
23 (b) Violations of this Act or of rules adopted under
24 this Act.

SB2439 Engrossed- 36 -LRB100 18051 XWW 33240 b
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 (i) that
7 is a felony or (ii) that is a misdemeanor, an essential
8 element of which is dishonesty, or that is directly related
9 to the practice of the profession.
10 (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 or gross negligence.
14 (f) Malpractice.
15 (g) Aiding or assisting another person in violating any
16 provision of this Act or its rules.
17 (h) Failing to provide information within 60 days 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, the District of

SB2439 Engrossed- 37 -LRB100 18051 XWW 33240 b
1 Columbia, territory, country, or governmental agency if at
2 least one of the grounds for the discipline is the same or
3 substantially equivalent to those set forth in this Act.
4 (l) Charging for professional services not rendered,
5 including filing false statements for the collection of
6 fees for which services are not rendered. Nothing in this
7 paragraph (1) affects any bona fide independent contractor
8 or employment arrangements among health care
9 professionals, health facilities, health care providers,
10 or other entities, except as otherwise prohibited by law.
11 Any employment arrangements may include provisions for
12 compensation, health insurance, pension, or other
13 employment benefits for the provision of services within
14 the scope of the licensee's practice under this Act.
15 Nothing in this paragraph (1) shall be construed to require
16 an employment arrangement to receive professional fees for
17 services rendered.
18 (m) A finding by the Department that the licensee,
19 after having his or her license placed on probationary
20 status, has violated the terms of probation.
21 (n) Willfully making or filing false records or reports
22 in his or her practice, including, but not limited to,
23 false records filed with State agencies or departments.
24 (o) Allowing one's license under this Act to be used by
25 an unlicensed person in violation of this Act.
26 (p) Practicing under a false or, except as provided by

SB2439 Engrossed- 38 -LRB100 18051 XWW 33240 b
1 law, an assumed name.
2 (q) Gross and willful overcharging for professional
3 services.
4 (r) (Blank).
5 (s) Willfully failing to report an instance of
6 suspected child abuse or neglect as required by the Abused
7 and Neglected Child Reporting Act.
8 (t) Cheating on or attempting to subvert a licensing
9 examination administered under this Act.
10 (u) Mental illness or disability that results in the
11 inability to practice under this Act with reasonable
12 judgment, skill, or safety.
13 (v) Physical illness, including, but not limited to,
14 deterioration through the aging process or loss of motor
15 skill that results in a licensee's inability to practice
16 under this Act with reasonable judgment, skill, or safety.
17 (w) Advising an individual to discontinue, reduce,
18 increase, or otherwise alter the intake of a drug
19 prescribed by a physician licensed to practice medicine in
20 all its branches or by a prescriber as defined in Section
21 102 of the Illinois Controlled Substances Act.
22 (2) The Department may refuse to issue or may suspend
23without hearing, as provided for in the Code of Civil
24Procedure, the license of any person who fails to file a
25return, or pay the tax, penalty, or interest shown in a filed
26return, or pay any final assessment of the tax, penalty, or

SB2439 Engrossed- 39 -LRB100 18051 XWW 33240 b
1interest as required by any tax Act administered by the
2Illinois Department of Revenue, until such time as the
3requirements of any such tax Act are satisfied in accordance
4with subsection (g) of Section 2105-15 of the Civil
5Administrative Code of Illinois.
6 (3) (Blank). The Department shall deny a license or renewal
7authorized by this Act to a person who has defaulted on an
8educational loan or scholarship provided or guaranteed by the
9Illinois Student Assistance Commission or any governmental
10agency of this State in accordance with item (5) of subsection
11(a) of Section 2105-15 of the Civil Administrative Code of
12Illinois.
13 (4) In cases where the Department of Healthcare and Family
14Services has previously determined a licensee or a potential
15licensee is more than 30 days delinquent in the payment of
16child support and has subsequently certified the delinquency to
17the Department, the Department may refuse to issue or renew or
18may revoke or suspend that person's license or may take other
19disciplinary action against that person based solely upon the
20certification of delinquency made by the Department of
21Healthcare and Family Services in accordance with item (5) of
22subsection (a) of Section 2105-15 of the Civil Administrative
23Code of Illinois.
24 (5) The determination by a circuit court that a licensee is
25subject to involuntary admission or judicial admission, as
26provided in the Mental Health and Developmental Disabilities

SB2439 Engrossed- 40 -LRB100 18051 XWW 33240 b
1Code, operates as an automatic suspension. The suspension shall
2end only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and the issuance of an order so finding and discharging the
5patient.
6 (6) In enforcing this Act, the Department, upon a showing
7of a possible violation, may compel an individual licensed to
8practice under this Act, or who has applied for licensure under
9this Act, to submit to a mental or physical examination, or
10both, as required by and at the expense of the Department. The
11Department may order the examining physician to present
12testimony concerning the mental or physical examination of the
13licensee or applicant. No information shall be excluded by
14reason of any common law or statutory privilege relating to
15communications between the licensee or applicant and the
16examining physician. The examining physicians shall be
17specifically designated by the Department. The individual to be
18examined may have, at his or her own expense, another physician
19of his or her choice present during all aspects of this
20examination. The examination shall be performed by a physician
21licensed to practice medicine in all its branches. Failure of
22an individual to submit to a mental or physical examination,
23when directed, shall result in an automatic suspension without
24hearing.
25 A person holding a license under this Act or who has
26applied for a license under this Act who, because of a physical

SB2439 Engrossed- 41 -LRB100 18051 XWW 33240 b
1or mental illness or disability, including, but not limited to,
2deterioration through the aging process or loss of motor skill,
3is unable to practice the profession with reasonable judgment,
4skill, or safety, may be required by the Department to submit
5to care, counseling, or treatment by physicians approved or
6designated by the Department as a condition, term, or
7restriction for continued, reinstated, or renewed licensure to
8practice. Submission to care, counseling, or treatment as
9required by the Department shall not be considered discipline
10of a license. If the licensee refuses to enter into a care,
11counseling, or treatment agreement or fails to abide by the
12terms of the agreement, then the Department may file a
13complaint to revoke, suspend, or otherwise discipline the
14license of the individual. The Secretary may order the license
15suspended immediately, pending a hearing by the Department.
16Fines shall not be assessed in disciplinary actions involving
17physical or mental illness or impairment.
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 15 days after
21the suspension and completed without appreciable delay. The
22Department shall have the authority to review the subject
23individual's record of treatment and counseling regarding the
24impairment to the extent permitted by applicable federal
25statutes and regulations safeguarding the confidentiality of
26medical records.

SB2439 Engrossed- 42 -LRB100 18051 XWW 33240 b
1 An individual licensed under this Act and affected under
2this Section shall be afforded an opportunity to demonstrate to
3the Department that he or she can resume practice in compliance
4with acceptable and prevailing standards under the provisions
5of his or her license.
6(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
798-756, eff. 7-16-14.)
8 Section 735. The Environmental Health Practitioner
9Licensing Act is amended by changing Section 35 as follows:
10 (225 ILCS 37/35)
11 (Section scheduled to be repealed on January 1, 2019)
12 Sec. 35. Grounds for discipline.
13 (a) The Department may refuse to issue or renew, or may
14revoke, suspend, place on probation, reprimand, or take other
15disciplinary action with regard to any license issued under
16this Act as the Department may consider proper, including the
17imposition of fines not to exceed $5,000 for each violation,
18for any one or combination of the following causes:
19 (1) Material misstatement in furnishing information to
20 the Department.
21 (2) Violations of this Act or its rules.
22 (3) Conviction of any felony under the laws of any U.S.
23 jurisdiction, any misdemeanor an essential element of
24 which is dishonesty, or any crime that is directly related

SB2439 Engrossed- 43 -LRB100 18051 XWW 33240 b
1 to the practice of the profession.
2 (4) Making any misrepresentation for the purpose of
3 obtaining a certificate of registration.
4 (5) Professional incompetence.
5 (6) Aiding or assisting another person in violating any
6 provision of this Act or its rules.
7 (7) Failing to provide information within 60 days in
8 response to a written request made by the Department.
9 (8) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public as defined by rules of the
12 Department.
13 (9) Habitual or excessive use or addiction to alcohol,
14 narcotics, stimulants, or any other chemical agent or drug
15 that results in an environmental health practitioner's
16 inability to practice with reasonable judgment, skill, or
17 safety.
18 (10) Discipline by another U.S. jurisdiction or
19 foreign nation, if at least one of the grounds for a
20 discipline is the same or substantially equivalent to those
21 set forth in this Act.
22 (11) A finding by the Department that the registrant,
23 after having his or her license placed on probationary
24 status, has violated the terms of probation.
25 (12) Willfully making or filing false records or
26 reports in his or her practice, including, but not limited

SB2439 Engrossed- 44 -LRB100 18051 XWW 33240 b
1 to, false records filed with State agencies or departments.
2 (13) Physical illness, including, but not limited to,
3 deterioration through the aging process or loss of motor
4 skills that result in the inability to practice the
5 profession with reasonable judgment, skill, or safety.
6 (14) Failure to comply with rules promulgated by the
7 Illinois Department of Public Health or other State
8 agencies related to the practice of environmental health.
9 (15) (Blank). The Department shall deny any
10 application for a license or renewal of a license under
11 this Act, without hearing, to a person who has defaulted on
12 an educational loan guaranteed by the Illinois Student
13 Assistance Commission; however, the Department may issue a
14 license or renewal of a license if the person in default
15 has established a satisfactory repayment record as
16 determined by the Illinois Student Assistance Commission.
17 (16) Solicitation of professional services by using
18 false or misleading advertising.
19 (17) A finding that the license has been applied for or
20 obtained by fraudulent means.
21 (18) Practicing or attempting to practice under a name
22 other than the full name as shown on the license or any
23 other legally authorized name.
24 (19) Gross overcharging for professional services
25 including filing statements for collection of fees or
26 moneys for which services are not rendered.

SB2439 Engrossed- 45 -LRB100 18051 XWW 33240 b
1 (b) The Department may refuse to issue or may suspend the
2license of any person who fails to (i) file a return, (ii) pay
3the tax, penalty, or interest shown in a filed return; or (iii)
4pay any final assessment of the tax, penalty, or interest as
5required by any tax Act administered by the Illinois Department
6of Revenue until the requirements of the tax Act are satisfied.
7 (c) The determination by a circuit court that a licensee is
8subject to involuntary admission or judicial admission to a
9mental health facility as provided in the Mental Health and
10Developmental Disabilities Code operates as an automatic
11suspension. The suspension may end only upon a finding by a
12court that the licensee is no longer subject to involuntary
13admission or judicial admission, the issuance of an order so
14finding and discharging the patient, and the recommendation of
15the Board to the Director that the licensee be allowed to
16resume practice.
17 (d) In enforcing this Section, the Department, upon a
18showing of a possible violation, may compel any person licensed
19to practice under this Act or who has applied for licensure or
20certification pursuant to this Act to submit to a mental or
21physical examination, or both, as required by and at the
22expense of the Department. The examining physicians shall be
23those specifically designated by the Department. The
24Department may order the examining physician to present
25testimony concerning this mental or physical examination of the
26licensee or applicant. No information shall be excluded by

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

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1 In instances in which the Director 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
6person'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 A person licensed under this Act and affected under this
11Section shall be afforded an opportunity to demonstrate to the
12Department 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. 92-837, eff. 8-22-02.)
16 Section 740. The Funeral Directors and Embalmers Licensing
17Code is amended by changing Section 15-75 as follows:
18 (225 ILCS 41/15-75)
19 (Section scheduled to be repealed on January 1, 2023)
20 Sec. 15-75. Violations; grounds for discipline; penalties.
21 (a) Each of the following acts is a Class A misdemeanor for
22the first offense, and a Class 4 felony for each subsequent
23offense. These penalties shall also apply to unlicensed owners
24of funeral homes.

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1 (1) Practicing the profession of funeral directing and
2 embalming or funeral directing, or attempting to practice
3 the profession of funeral directing and embalming or
4 funeral directing without a license as a funeral director
5 and embalmer or funeral director.
6 (2) Serving or attempting to serve as an intern under a
7 licensed funeral director and embalmer without a license as
8 a licensed funeral director and embalmer intern.
9 (3) Obtaining or attempting to obtain a license,
10 practice or business, or any other thing of value, by fraud
11 or misrepresentation.
12 (4) Permitting any person in one's employ, under one's
13 control or in or under one's service to serve as a funeral
14 director and embalmer, funeral director, or funeral
15 director and embalmer intern when the person does not have
16 the appropriate license.
17 (5) Failing to display a license as required by this
18 Code.
19 (6) Giving false information or making a false oath or
20 affidavit required by this Code.
21 (b) The Department may refuse to issue or renew, revoke,
22suspend, place on probation or administrative supervision,
23reprimand, or take other disciplinary or non-disciplinary
24action as the Department may deem appropriate, including
25imposing fines not to exceed $10,000 for each violation, with
26regard to any license under the Code for any one or combination

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

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

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

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

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

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

SB2439 Engrossed- 55 -LRB100 18051 XWW 33240 b
1 prevail.
2 (B) A licensee shall clearly mark the price of any
3 casket offered for sale or the price of any service
4 using the casket on or in the casket if the casket is
5 displayed at the funeral establishment. If the casket
6 is displayed at any other location, regardless of
7 whether the licensee is in control of that location,
8 the casket shall be clearly marked and the registrant
9 shall use books, catalogues, brochures, or other
10 printed display aids to show the price of each casket
11 or service.
12 (C) At the time funeral arrangements are made and
13 prior to rendering the funeral services, a licensee
14 shall furnish a written statement of services to be
15 retained by the person or persons making the funeral
16 arrangements, signed by both parties, that shall
17 contain: (i) the name, address and telephone number of
18 the funeral establishment and the date on which the
19 arrangements were made; (ii) the price of the service
20 selected and the services and merchandise included for
21 that price; (iii) a clear disclosure that the person or
22 persons making the arrangement may decline and receive
23 credit for any service or merchandise not desired and
24 not required by law or the funeral director or the
25 funeral director and embalmer; (iv) the supplemental
26 items of service and merchandise requested and the

SB2439 Engrossed- 56 -LRB100 18051 XWW 33240 b
1 price of each item; (v) the terms or method of payment
2 agreed upon; and (vi) a statement as to any monetary
3 advances made by the registrant on behalf of the
4 family. The licensee shall maintain a copy of the
5 written statement of services in its permanent
6 records. All written statements of services are
7 subject to inspection by the Department.
8 (D) In all instances where the place of final
9 disposition of a deceased human body or the cremated
10 remains of a deceased human body is a cemetery, the
11 licensed funeral director and embalmer, or licensed
12 funeral director, who has been engaged to provide
13 funeral or embalming services shall remain at the
14 cemetery and personally witness the placement of the
15 human remains in their designated grave or the sealing
16 of the above ground depository, crypt, or urn. The
17 licensed funeral director or licensed funeral director
18 and embalmer may designate a licensed funeral director
19 and embalmer intern or representative of the funeral
20 home to be his or her witness to the placement of the
21 remains. If the cemetery authority, cemetery manager,
22 or any other agent of the cemetery takes any action
23 that prevents compliance with this paragraph (D), then
24 the funeral director and embalmer or funeral director
25 shall provide written notice to the Department within 5
26 business days after failing to comply. If the

SB2439 Engrossed- 57 -LRB100 18051 XWW 33240 b
1 Department receives this notice, then the Department
2 shall not take any disciplinary action against the
3 funeral director and embalmer or funeral director for a
4 violation of this paragraph (D) unless the Department
5 finds that the cemetery authority, manager, or any
6 other agent of the cemetery did not prevent the funeral
7 director and embalmer or funeral director from
8 complying with this paragraph (D) as claimed in the
9 written notice.
10 (E) A funeral director or funeral director and
11 embalmer shall fully complete the portion of the
12 Certificate of Death under the responsibility of the
13 funeral director or funeral director and embalmer and
14 provide all required information. In the event that any
15 reported information subsequently changes or proves
16 incorrect, a funeral director or funeral director and
17 embalmer shall immediately upon learning the correct
18 information correct the Certificate of Death.
19 (37) A finding by the Department that the licensee,
20 after having his or her license placed on probationary
21 status or subjected to conditions or restrictions,
22 violated the terms of the probation or failed to comply
23 with such terms or conditions.
24 (38) (Blank).
25 (39) Being named as a perpetrator in an indicated
26 report by the Department of Children and Family Services

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1 pursuant to the Abused and Neglected Child Reporting Act
2 and, upon proof by clear and convincing evidence, being
3 found to have caused a child to be an abused child or
4 neglected child as defined in the Abused and Neglected
5 Child Reporting Act.
6 (40) Habitual or excessive use or abuse of drugs
7 defined in law as controlled substances, alcohol, or any
8 other substance which results in the inability to practice
9 with reasonable judgment, skill, or safety.
10 (41) Practicing under a false or, except as provided by
11 law, an assumed name.
12 (42) Cheating on or attempting to subvert the licensing
13 examination administered under this Code.
14 (c) The Department may refuse to issue or renew or may
15suspend without a hearing, as provided for in the Department of
16Professional Regulation Law of the Civil Administrative Code of
17Illinois, the license of any person who fails to file a return,
18to pay the tax, penalty or interest shown in a filed return, or
19to pay any final assessment of tax, penalty or interest as
20required by any tax Act administered by the Illinois Department
21of Revenue, until the time as the requirements of the tax Act
22are satisfied in accordance with subsection (g) of Section
232105-15 of the Department of Professional Regulation Law of the
24Civil Administrative Code of Illinois.
25 (d) No action may be taken under this Code against a person
26licensed under this Code unless the action is commenced within

SB2439 Engrossed- 59 -LRB100 18051 XWW 33240 b
15 years after the occurrence of the alleged violations. A
2continuing violation shall be deemed to have occurred on the
3date when the circumstances last existed that give rise to the
4alleged violation.
5 (e) Nothing in this Section shall be construed or enforced
6to give a funeral director and embalmer, or his or her
7designees, authority over the operation of a cemetery or over
8cemetery employees. Nothing in this Section shall be construed
9or enforced to impose duties or penalties on cemeteries with
10respect to the timing of the placement of human remains in
11their designated grave or the sealing of the above ground
12depository, crypt, or urn due to patron safety, the allocation
13of cemetery staffing, liability insurance, a collective
14bargaining agreement, or other such reasons.
15 (f) All fines imposed under this Section shall be paid 60
16days after the effective date of the order imposing the fine.
17 (g) (Blank). The Department shall deny a license or renewal
18authorized by this Code to a person who has defaulted on an
19educational loan or scholarship provided or guaranteed by the
20Illinois Student Assistance Commission or any governmental
21agency of this State in accordance with item (5) of subsection
22(a) of Section 2105-15 of the Department of Professional
23Regulation Law of the Civil Administrative Code of Illinois.
24 (h) 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

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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 license or may take other
4disciplinary action against that person based solely upon the
5certification of delinquency made by the Department of
6Healthcare and Family Services in accordance with item (5) of
7subsection (a) of Section 2105-15 of the Department of
8Professional Regulation Law of the Civil Administrative Code of
9Illinois.
10 (i) A person not licensed under this Code who is an owner
11of a funeral establishment or funeral business shall not aid,
12abet, assist, procure, advise, employ, or contract with any
13unlicensed person to offer funeral services or aid, abet,
14assist, or direct any licensed person contrary to or in
15violation of any rules or provisions of this Code. A person
16violating this subsection shall be treated as a licensee for
17the purposes of disciplinary action under this Section and
18shall be subject to cease and desist orders as provided in this
19Code, the imposition of a fine up to $10,000 for each violation
20and any other penalty provided by law.
21 (j) The determination by a circuit court that a licensee is
22subject to involuntary admission or judicial admission as
23provided in the Mental Health and Developmental Disabilities
24Code, as amended, operates as an automatic suspension. The
25suspension may end only upon a finding by a court that the
26licensee is no longer subject to the involuntary admission or

SB2439 Engrossed- 61 -LRB100 18051 XWW 33240 b
1judicial admission and issues an order so finding and
2discharging the licensee, and upon the recommendation of the
3Board to the Secretary that the licensee be allowed to resume
4his or her practice.
5 (k) In enforcing this Code, the Department, upon a showing
6of a possible violation, may compel an individual licensed to
7practice under this Code, or who has applied for licensure
8under this Code, to submit to a mental or physical examination,
9or both, as required by and at the expense of the Department.
10The Department may order the examining physician to present
11testimony concerning the mental or physical examination of the
12licensee or applicant. No information shall be excluded by
13reason of any common law or statutory privilege relating to
14communications between the licensee or applicant and the
15examining physician. The examining physician shall be
16specifically designated by the Department. The individual to be
17examined may have, at his or her own expense, another physician
18of his or her choice present during all aspects of this
19examination. The examination shall be performed by a physician
20licensed to practice medicine in all its branches. Failure of
21an individual to submit to a mental or physical examination,
22when directed, shall result in an automatic suspension without
23hearing.
24 A person holding a license under this Code or who has
25applied for a license under this Code who, because of a
26physical or mental illness or disability, including, but not

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

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1this Section shall be afforded an opportunity to demonstrate to
2the Department that he or she can resume practice in compliance
3with acceptable and prevailing standards under the provisions
4of his or her license.
5(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17.)
6 Section 745. The Marriage and Family Therapy Licensing Act
7is amended by changing Section 85 as follows:
8 (225 ILCS 55/85) (from Ch. 111, par. 8351-85)
9 (Section scheduled to be repealed on January 1, 2027)
10 Sec. 85. Refusal, revocation, or suspension.
11 (a) The Department may refuse to issue or renew a license,
12or may revoke, suspend, reprimand, place on probation, or take
13any other disciplinary or non-disciplinary action as the
14Department may deem proper, including the imposition of fines
15not to exceed $10,000 for each violation, with regard to any
16license issued under the provisions of this Act for any one or
17combination of the following grounds:
18 (1) Material misstatement in furnishing information to
19 the Department.
20 (2) Violation of any provision of this Act or its
21 rules.
22 (3) Conviction of or entry of a plea of guilty or nolo
23 contendere, finding of guilt, jury verdict, or entry of
24 judgment or sentencing, 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 that is
4 (i) a felony or (ii) a misdemeanor, an essential element of
5 which is dishonesty or that is directly related to the
6 practice of the profession.
7 (4) Fraud or misrepresentation in applying for or
8 procuring a license under this Act or in connection with
9 applying for renewal or restoration of a license under this
10 Act or its rules.
11 (5) Professional incompetence.
12 (6) Gross negligence in practice under this Act.
13 (7) Aiding or assisting another person in violating any
14 provision of this Act or its rules.
15 (8) Failing, within 60 days, to provide information in
16 response to a written request made by the Department.
17 (9) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud or harm the public as defined by the rules of the
20 Department, or violating the rules of professional conduct
21 adopted by the Department.
22 (10) Habitual or excessive use or abuse of drugs
23 defined in law as controlled substances, of alcohol, or any
24 other substance that results in the inability to practice
25 with reasonable judgment, skill, or safety.
26 (11) Discipline by another jurisdiction if at least one

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1 of the grounds for the discipline is the same or
2 substantially equivalent to those set forth in this Act.
3 (12) Directly or indirectly giving to or receiving from
4 any person, firm, corporation, partnership, or association
5 any fee, commission, rebate, or other form of compensation
6 for any professional services not actually or personally
7 rendered. Nothing in this paragraph (12) affects any bona
8 fide independent contractor or employment arrangements
9 among health care professionals, health facilities, health
10 care providers, or other entities, except as otherwise
11 prohibited by law. Any employment arrangements may include
12 provisions for compensation, health insurance, pension, or
13 other employment benefits for the provision of services
14 within the scope of the licensee's practice under this Act.
15 Nothing in this paragraph (12) shall be construed to
16 require an employment arrangement to receive professional
17 fees for services rendered.
18 (13) A finding by the Department that the licensee,
19 after having his or her license placed on probationary
20 status, has violated the terms of probation or failed to
21 comply with the terms.
22 (14) Abandonment of a patient without cause.
23 (15) Willfully making or filing false records or
24 reports relating to a licensee's practice, including but
25 not limited to false records filed with State agencies or
26 departments.

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1 (16) Willfully failing to report an instance of
2 suspected child abuse or neglect as required by the Abused
3 and Neglected Child Reporting Act.
4 (17) Being named as a perpetrator in an indicated
5 report by the Department of Children and Family Services
6 under the Abused and Neglected Child Reporting Act and upon
7 proof by clear and convincing evidence that the licensee
8 has caused a child to be an abused child or neglected child
9 as defined in the Abused and Neglected Child Reporting Act.
10 (18) Physical illness or mental illness or impairment,
11 including, but not limited to, deterioration through the
12 aging process or loss of motor skill that results in the
13 inability to practice the profession with reasonable
14 judgment, skill, or safety.
15 (19) Solicitation of professional services by using
16 false or misleading advertising.
17 (20) A pattern of practice or other behavior that
18 demonstrates incapacity or incompetence to practice under
19 this Act.
20 (21) Practicing under a false or assumed name, except
21 as provided by law.
22 (22) Gross, willful, and continued overcharging for
23 professional services, including filing false statements
24 for collection of fees or moneys for which services are not
25 rendered.
26 (23) Failure to establish and maintain records of

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1 patient care and treatment as required by law.
2 (24) Cheating on or attempting to subvert the licensing
3 examinations administered under this Act.
4 (25) Willfully failing to report an instance of
5 suspected abuse, neglect, financial exploitation, or
6 self-neglect of an eligible adult as defined in and
7 required by the Adult Protective Services Act.
8 (26) Being named as an abuser in a verified report by
9 the Department on Aging and under the Adult Protective
10 Services Act and upon proof by clear and convincing
11 evidence that the licensee abused, neglected, or
12 financially exploited an eligible adult as defined in the
13 Adult Protective Services Act.
14 (b) (Blank). The Department shall deny any application for
15a license or renewal, without hearing, under this Act to any
16person who has defaulted on an educational loan guaranteed by
17the Illinois Student Assistance Commission; however, the
18Department may issue a license or renewal if the person in
19default has established a satisfactory repayment record as
20determined by the Illinois Student Assistance Commission.
21 (c) The determination by a circuit court that a licensee is
22subject to involuntary admission or judicial admission, as
23provided in the Mental Health and Developmental Disabilities
24Code, operates as an automatic suspension. The suspension will
25terminate only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission

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1and the issuance of an order so finding and discharging the
2patient, and upon the recommendation of the Board to the
3Secretary that the licensee be allowed to resume his or her
4practice as a licensed marriage and family therapist or an
5associate licensed marriage and family therapist.
6 (d) The Department shall refuse to issue or may suspend the
7license of any person who fails to file a return, pay the tax,
8penalty, or interest shown in a filed return or pay any final
9assessment of tax, penalty, or interest, as required by any tax
10Act administered by the Illinois Department of Revenue, until
11the time the requirements of the tax Act are satisfied.
12 (e) In enforcing this Section, the Department or Board upon
13a showing 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, which may include a substance abuse or
17sexual offender evaluation, as required by and at the expense
18of the Department.
19 The Department shall specifically designate the examining
20physician licensed to practice medicine in all of its branches
21or, if applicable, the multidisciplinary team involved in
22providing the mental or physical examination or both. The
23multidisciplinary team shall be led by a physician licensed to
24practice medicine in all of its branches and may consist of one
25or more or a combination of physicians licensed to practice
26medicine in all of its branches, licensed clinical

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

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1to provide information, reports, records, or other documents or
2to provide any testimony regarding the examination and
3evaluation.
4 The individual to be examined may have, at his or her own
5expense, another physician of his or her choice present during
6all aspects of this examination. However, that physician shall
7be present only to observe and may not interfere in any way
8with the examination.
9 Failure of an individual to submit to a mental or physical
10examination, when ordered, shall result in an automatic
11suspension of his or her license until the individual submits
12to the examination.
13 If the Department or Board finds an individual unable to
14practice because of the reasons set forth in this Section, the
15Department or Board may require that individual to submit to
16care, counseling, or treatment by physicians approved or
17designated by the Department or Board, as a condition, term, or
18restriction for continued, reinstated, or renewed licensure to
19practice; or, in lieu of care, counseling, or treatment, the
20Department may file, or the Board may recommend to the
21Department to file, a complaint to immediately suspend, revoke,
22or otherwise discipline the license of the individual. An
23individual whose license was granted, continued, reinstated,
24renewed, disciplined or supervised subject to such terms,
25conditions, or restrictions, and who fails to comply with such
26terms, conditions, or restrictions, shall be referred to the

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1Secretary for a determination as to whether the individual
2shall have his or her license suspended immediately, pending a
3hearing by the Department.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 30 days after
7the suspension and completed without appreciable delay. The
8Department and Board shall have the authority to review the
9subject individual's record of treatment and counseling
10regarding the impairment to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13 An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department or Board that he or she can resume practice in
16compliance with acceptable and prevailing standards under the
17provisions of his or her license.
18 (f) A fine shall be paid within 60 days after the effective
19date of the order imposing the fine or in accordance with the
20terms set forth in the order imposing the fine.
21(Source: P.A. 100-372, eff. 8-25-17.)
22 Section 750. The Massage Licensing Act is amended by
23changing Section 45 as follows:
24 (225 ILCS 57/45)

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1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 45. Grounds for discipline.
3 (a) The Department may refuse to issue or renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action, as the Department
6considers appropriate, including the imposition of fines not to
7exceed $10,000 for each violation, with regard to any license
8or licensee for any one or more of the following:
9 (1) violations of this Act or of the rules adopted
10 under this Act;
11 (2) conviction by plea of guilty or nolo contendere,
12 finding of guilt, jury verdict, or entry of judgment or by
13 sentencing of any crime, including, but not limited to,
14 convictions, preceding sentences of supervision,
15 conditional discharge, or first offender probation, under
16 the laws of any jurisdiction of the United States: (i) that
17 is a felony; or (ii) that is a misdemeanor, an essential
18 element of which is dishonesty, or that is directly related
19 to the practice of the profession;
20 (3) professional incompetence;
21 (4) advertising in a false, deceptive, or misleading
22 manner;
23 (5) aiding, abetting, assisting, procuring, advising,
24 employing, or contracting with any unlicensed person to
25 practice massage contrary to any rules or provisions of
26 this Act;

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

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1 (14) a finding by the Department that the licensee,
2 after having his or her license placed on probationary
3 status, has violated the terms of probation;
4 (15) willfully making or filing false records or
5 reports in his or her practice, including, but not limited
6 to, false records filed with State agencies or departments;
7 (16) making a material misstatement in furnishing
8 information to the Department or otherwise making
9 misleading, deceptive, untrue, or fraudulent
10 representations in violation of this Act or otherwise in
11 the practice of the profession;
12 (17) fraud or misrepresentation in applying for or
13 procuring a license under this Act or in connection with
14 applying for renewal of a license under this Act;
15 (18) inability to practice the profession with
16 reasonable judgment, skill, or safety as a result of
17 physical illness, including, but not limited to,
18 deterioration through the aging process, loss of motor
19 skill, or a mental illness or disability;
20 (19) charging for professional services not rendered,
21 including filing false statements for the collection of
22 fees for which services are not rendered;
23 (20) practicing under a false or, except as provided by
24 law, an assumed name; or
25 (21) cheating on or attempting to subvert the licensing
26 examination administered under this Act.

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1 All fines shall be paid within 60 days of the effective
2date of the order imposing the fine.
3 (b) A person not licensed under this Act and engaged in the
4business of offering massage therapy services through others,
5shall not aid, abet, assist, procure, advise, employ, or
6contract with any unlicensed person to practice massage therapy
7contrary to any rules or provisions of this Act. A person
8violating this subsection (b) shall be treated as a licensee
9for the purposes of disciplinary action under this Section and
10shall be subject to cease and desist orders as provided in
11Section 90 of this Act.
12 (c) The Department shall revoke any license issued under
13this Act of any person who is convicted of prostitution, rape,
14sexual misconduct, or any crime that subjects the licensee to
15compliance with the requirements of the Sex Offender
16Registration Act and any such conviction shall operate as a
17permanent bar in the State of Illinois to practice as a massage
18therapist.
19 (d) 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.

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1 (e) (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 (f) 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 (g) 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.

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1 (h) 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 physicians 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

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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 affected under
23this Section shall be afforded an opportunity to demonstrate to
24the Department or Board that he or she can resume practice in
25compliance with acceptable and prevailing standards under the
26provisions of his or her license.

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1(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
2 Section 755. The Naprapathic Practice Act is amended by
3changing Section 110 as follows:
4 (225 ILCS 63/110)
5 (Section scheduled to be repealed on January 1, 2023)
6 Sec. 110. Grounds for disciplinary action; refusal,
7revocation, suspension.
8 (a) The Department may refuse to issue or to renew, or may
9revoke, suspend, place on probation, reprimand or take other
10disciplinary or non-disciplinary action as the Department may
11deem appropriate, including imposing fines not to exceed
12$10,000 for each violation, with regard to any licensee or
13license for any one or combination of the following causes:
14 (1) Violations of this Act or of rules adopted under
15 this Act.
16 (2) Material misstatement in furnishing information to
17 the Department.
18 (3) Conviction by plea of guilty or nolo contendere,
19 finding of guilt, jury verdict, or entry of judgment, or by
20 sentencing of any crime, including, but not limited to,
21 convictions, preceding sentences of supervision,
22 conditional discharge, or first offender probation, under
23 the laws of any jurisdiction of the United States: (i) that
24 is a felony or (ii) that is a misdemeanor, an essential

SB2439 Engrossed- 80 -LRB100 18051 XWW 33240 b
1 element of which is dishonesty, or that is directly related
2 to the practice of the profession.
3 (4) Fraud or any misrepresentation in applying for or
4 procuring a license under this Act or in connection with
5 applying for renewal of a license under this Act.
6 (5) Professional incompetence or gross negligence.
7 (6) Malpractice.
8 (7) Aiding or assisting another person in violating any
9 provision of this Act or its rules.
10 (8) Failing to provide information within 60 days in
11 response to a written request made by the Department.
12 (9) Engaging in dishonorable, unethical, or
13 unprofessional conduct of a character likely to deceive,
14 defraud, or harm the public.
15 (10) Habitual or excessive use or abuse of drugs
16 defined in law as controlled substances, alcohol, or any
17 other substance which results in the inability to practice
18 with reasonable judgment, skill, or safety.
19 (11) Discipline by another U.S. jurisdiction or
20 foreign nation if at least one of the grounds for the
21 discipline is the same or substantially equivalent to those
22 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

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

SB2439 Engrossed- 82 -LRB100 18051 XWW 33240 b
1 not limited to, false records filed with State agencies or
2 departments.
3 (17) Willfully failing to report an instance of
4 suspected child abuse or neglect as required by the Abused
5 and Neglected Child Reporting Act.
6 (18) Physical or mental illness or disability,
7 including, but not limited to, deterioration through the
8 aging process or loss of motor skill that results in the
9 inability to practice the profession with reasonable
10 judgment, skill, or safety.
11 (19) Solicitation of professional services by means
12 other than permitted advertising.
13 (20) Failure to provide a patient with a copy of his or
14 her record upon the written request of the patient.
15 (21) Cheating on or attempting to subvert the licensing
16 examination administered under this Act.
17 (22) Allowing one's license under this Act to be used
18 by an unlicensed person in violation of this Act.
19 (23) (Blank).
20 (24) Being named as a perpetrator in an indicated
21 report by the Department of Children and Family Services
22 under the Abused and Neglected Child Reporting Act and upon
23 proof by clear and convincing evidence that the licensee
24 has caused a child to be an abused child or a neglected
25 child as defined in the Abused and Neglected Child
26 Reporting Act.

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

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1 where naprapathy may be practiced or demonstrated.
2 (31) Continuance of a naprapath in the employ of any
3 person, firm, or corporation, or as an assistant to any
4 naprapath or naprapaths, directly or indirectly, after his
5 or her employer or superior has been found guilty of
6 violating or has been enjoined from violating the laws of
7 the State of Illinois relating to the practice of
8 naprapathy when the employer or superior persists in that
9 violation.
10 (32) The performance of naprapathic service in
11 conjunction with a scheme or plan with another person,
12 firm, or corporation known to be advertising in a manner
13 contrary to this Act or otherwise violating the laws of the
14 State of Illinois concerning the practice of naprapathy.
15 (33) Failure to provide satisfactory proof of having
16 participated in approved continuing education programs as
17 determined by and approved by the Secretary. Exceptions for
18 extreme hardships are to be defined by the rules of the
19 Department.
20 (34) (Blank).
21 (35) Gross or willful overcharging for professional
22 services.
23 (36) (Blank).
24 All fines imposed under this Section shall be paid within
2560 days after the effective date of the order imposing the
26fine.

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1 (b) The Department may refuse to issue or may suspend
2without hearing, as provided for in the Department of
3Professional Regulation Law of the Civil Administrative Code,
4the license of any person who fails to file a return, or pay
5the tax, penalty, or interest shown in a filed return, or pay
6any final assessment of the tax, penalty, or interest as
7required by any tax Act administered by the Illinois Department
8of Revenue, until such time as the requirements of any such tax
9Act are satisfied in accordance with subsection (g) of Section
102105-15 of the Department of Professional Regulation Law of the
11Civil Administrative Code of Illinois.
12 (c) (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 Department of Professional
18Regulation Law of the Civil Administrative Code of Illinois.
19 (d) In cases where the Department of Healthcare and Family
20Services has previously determined a licensee or a potential
21licensee is more than 30 days delinquent in the payment of
22child support and has subsequently certified the delinquency to
23the Department, the Department may refuse to issue or renew or
24may revoke or suspend that person's license or may take other
25disciplinary action against that person based solely upon the
26certification of delinquency made by the Department of

SB2439 Engrossed- 86 -LRB100 18051 XWW 33240 b
1Healthcare and Family Services in accordance with item (5) of
2subsection (a) of Section 2105-15 of the Department of
3Professional Regulation Law of the Civil Administrative Code of
4Illinois.
5 (e) The determination by a circuit court that a licensee is
6subject to involuntary admission or judicial admission, as
7provided in the Mental Health and Developmental Disabilities
8Code, operates as an automatic suspension. The suspension shall
9end only upon a finding by a court that the patient is no
10longer subject to involuntary admission or judicial admission
11and the issuance of an order so finding and discharging the
12patient.
13 (f) In enforcing this Act, the Department, upon a showing
14of a possible violation, may compel an individual licensed to
15practice under this Act, or who has applied for licensure under
16this Act, to submit to a mental or physical examination and
17evaluation, or both, which may include a substance abuse or
18sexual offender evaluation, as required by and at the expense
19of the Department. The Department shall specifically designate
20the examining physician licensed to practice medicine in all of
21its branches or, if applicable, the multidisciplinary team
22involved in providing the mental or physical examination and
23evaluation, or both. The multidisciplinary team shall be led by
24a physician licensed to practice medicine in all of its
25branches and may consist of one or more or a combination of
26physicians licensed to practice medicine in all of its

SB2439 Engrossed- 87 -LRB100 18051 XWW 33240 b
1branches, licensed chiropractic physicians, licensed clinical
2psychologists, licensed clinical social workers, licensed
3clinical professional counselors, and other professional and
4administrative staff. Any examining physician or member of the
5multidisciplinary team may require any person ordered to submit
6to an examination and evaluation pursuant to this Section to
7submit to any additional supplemental testing deemed necessary
8to complete any examination or evaluation process, including,
9but not limited to, blood testing, urinalysis, psychological
10testing, or neuropsychological testing.
11 The Department may order the examining physician or any
12member of the multidisciplinary team to provide to the
13Department any and all records including business records that
14relate to the examination and evaluation, including any
15supplemental testing performed. The Department may order the
16examining physician or any member of the multidisciplinary team
17to present testimony concerning the examination and evaluation
18of the licensee or applicant, including testimony concerning
19any supplemental testing or documents in any way related to the
20examination and evaluation. No information, report, record, or
21other documents in any way related to the examination and
22evaluation shall be excluded by reason of any common law or
23statutory privilege relating to communications between the
24licensee or applicant and the examining physician or any member
25of the multidisciplinary team. No authorization is necessary
26from the licensee or applicant ordered to undergo an evaluation

SB2439 Engrossed- 88 -LRB100 18051 XWW 33240 b
1and examination for the examining physician or any member of
2the multidisciplinary team to provide information, reports,
3records, or other documents or to provide any testimony
4regarding the examination and evaluation. The individual to be
5examined may have, at his or her own expense, another physician
6of his or her choice present during all aspects of this
7examination. Failure of an individual to submit to a mental or
8physical examination and evaluation, or both, when directed,
9shall result in an automatic suspension without hearing, until
10such time as the individual submits to the examination.
11 A person holding a license under this Act or who has
12applied for a license under this Act who, because of a physical
13or mental illness or disability, including, but not limited to,
14deterioration through the aging process or loss of motor skill,
15is unable to practice the profession with reasonable judgment,
16skill, or safety, may be required by the Department to submit
17to care, counseling, or treatment by physicians approved or
18designated by the Department as a condition, term, or
19restriction for continued, reinstated, or renewed licensure to
20practice. Submission to care, counseling, or treatment as
21required by the Department shall not be considered discipline
22of a license. If the licensee refuses to enter into a care,
23counseling, or treatment agreement or fails to abide by the
24terms of the agreement, the Department may file a complaint to
25revoke, suspend, or otherwise discipline the license of the
26individual. The Secretary may order the license suspended

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1immediately, pending a hearing by the Department. Fines shall
2not be assessed in disciplinary actions involving physical or
3mental illness or impairment.
4 In instances in which the Secretary immediately suspends a
5person's license under this Section, a hearing on that person's
6license must be convened by the Department within 15 days after
7the suspension and completed without appreciable delay. The
8Department shall have the authority to review the subject
9individual's record of treatment and counseling regarding the
10impairment to the extent permitted by applicable federal
11statutes and regulations safeguarding the confidentiality of
12medical records.
13 An individual licensed under this Act and affected under
14this Section shall be afforded an opportunity to demonstrate to
15the Department that he or she can resume practice in compliance
16with acceptable and prevailing standards under the provisions
17of his or her license.
18(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
1998-463, eff. 8-16-13.)
20 Section 760. The Illinois Occupational Therapy Practice
21Act is amended by changing Section 19 as follows:
22 (225 ILCS 75/19) (from Ch. 111, par. 3719)
23 (Section scheduled to be repealed on January 1, 2024)
24 Sec. 19. Grounds for discipline.

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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 imposing fines not to exceed $10,000 for
5each violation and the assessment of costs as provided under
6Section 19.3 of this Act, with regard to any license for any
7one or combination of the following:
8 (1) Material misstatement in furnishing information to
9 the Department;
10 (2) Violations of this Act, or of the rules promulgated
11 thereunder;
12 (3) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States that is
18 (i) a felony or (ii) a misdemeanor, an essential element of
19 which is dishonesty, or that is directly related to the
20 practice of the profession;
21 (4) 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 (5) Professional incompetence;
25 (6) Aiding or assisting another person, firm,
26 partnership or corporation in violating any provision of

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1 this Act or rules;
2 (7) Failing, within 60 days, to provide information in
3 response to a written request made by the Department;
4 (8) Engaging in dishonorable, unethical or
5 unprofessional conduct of a character likely to deceive,
6 defraud or harm the public;
7 (9) 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 (10) Discipline by another state, unit of government,
12 government agency, the District of Columbia, a territory,
13 or foreign nation, if at least one of the grounds for the
14 discipline is the same or substantially equivalent to those
15 set forth herein;
16 (11) Directly or indirectly giving to or receiving from
17 any person, firm, corporation, partnership, or association
18 any fee, commission, rebate or other form of compensation
19 for professional services not actually or personally
20 rendered. Nothing in this paragraph (11) affects any bona
21 fide independent contractor or employment arrangements
22 among health care professionals, health facilities, health
23 care providers, or other entities, except as otherwise
24 prohibited by law. Any employment arrangements may include
25 provisions for compensation, health insurance, pension, or
26 other employment benefits for the provision of services

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1 within the scope of the licensee's practice under this Act.
2 Nothing in this paragraph (11) shall be construed to
3 require an employment arrangement to receive professional
4 fees for services rendered;
5 (12) A finding by the Department that the license
6 holder, after having his license disciplined, has violated
7 the terms of the discipline;
8 (13) Wilfully making or filing false records or reports
9 in the practice of occupational therapy, including but not
10 limited to false records filed with the State agencies or
11 departments;
12 (14) Physical illness, including but not limited to,
13 deterioration through the aging process, or loss of motor
14 skill which results in the inability to practice under this
15 Act with reasonable judgment, skill, or safety;
16 (15) Solicitation of professional services other than
17 by permitted advertising;
18 (16) Allowing one's license under this Act to be used
19 by an unlicensed person in violation of this Act;
20 (17) Practicing under a false or, except as provided by
21 law, assumed name;
22 (18) Professional incompetence or gross negligence;
23 (19) Malpractice;
24 (20) Promotion of the sale of drugs, devices,
25 appliances, or goods provided for a patient in any manner
26 to exploit the client for financial gain of the licensee;

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1 (21) Gross, willful, or continued overcharging for
2 professional services;
3 (22) Mental illness or disability that results in the
4 inability to practice under this Act with reasonable
5 judgment, skill, or safety;
6 (23) Violating the Health Care Worker Self-Referral
7 Act;
8 (24) Having treated patients other than by the practice
9 of occupational therapy as defined in this Act, or having
10 treated patients as a licensed occupational therapist
11 independent of a referral from a physician, advanced
12 practice registered nurse or physician assistant in
13 accordance with Section 3.1, dentist, podiatric physician,
14 or optometrist, or having failed to notify the physician,
15 advanced practice registered nurse, physician assistant,
16 dentist, podiatric physician, or optometrist who
17 established a diagnosis that the patient is receiving
18 occupational therapy pursuant to that diagnosis;
19 (25) Cheating on or attempting to subvert the licensing
20 examination administered under this Act; and
21 (26) Charging for professional services not rendered,
22 including filing false statements for the collection of
23 fees for which services are not rendered.
24 All fines imposed under this Section shall be paid within
2560 days after the effective date of the order imposing the fine
26or in accordance with the terms set forth in the order imposing

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1the fine.
2 (b) The determination by a circuit court that a license
3holder is subject to involuntary admission or judicial
4admission as provided in the Mental Health and Developmental
5Disabilities Code, as now or hereafter amended, operates as an
6automatic suspension. Such suspension will end only upon a
7finding by a court that the patient is no longer subject to
8involuntary admission or judicial admission and an order by the
9court so finding and discharging the patient. In any case where
10a license is suspended under this provision, the licensee shall
11file a petition for restoration and shall include evidence
12acceptable to the Department that the licensee can resume
13practice in compliance with acceptable and prevailing
14standards of their profession.
15 (c) 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
18return, to pay the tax, penalty, or interest shown in a filed
19return, 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 any such tax Act are satisfied in accordance
23with subsection (a) of Section 2105-15 of the Department of
24Professional Regulation Law of the Civil Administrative Code of
25Illinois.
26 (d) In enforcing this Section, the Department, upon a

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

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

SB2439 Engrossed- 97 -LRB100 18051 XWW 33240 b
1licensee to submit to care, counseling, or treatment by
2physicians approved or designated by the Department as a
3condition for continued, reinstated, or renewed licensure.
4 When the Secretary immediately suspends a license under
5this Section, a hearing upon such person's license must be
6convened by the Department within 15 days after the suspension
7and completed without appreciable delay. The Department shall
8have the authority to review the licensee's record of treatment
9and counseling regarding the impairment to the extent permitted
10by applicable federal statutes and regulations safeguarding
11the confidentiality of medical records.
12 Individuals licensed under this Act that are affected under
13this Section, shall be afforded an opportunity to demonstrate
14to the Department that they can resume practice in compliance
15with acceptable and prevailing standards under the provisions
16of their license.
17 (e) (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 paragraph (5) of
22subsection (a) of Section 2105-15 of the Department of
23Professional Regulation Law of the Civil Administrative Code of
24Illinois.
25 (f) In cases where the Department of Healthcare and Family
26Services has previously determined a licensee or a potential

SB2439 Engrossed- 98 -LRB100 18051 XWW 33240 b
1licensee is more than 30 days delinquent in the payment of
2child support and has subsequently certified the delinquency to
3the Department, the Department may refuse to issue or renew or
4may revoke or suspend that person's license or may take other
5disciplinary action against that person based solely upon the
6certification of delinquency made by the Department of
7Healthcare and Family Services in accordance with paragraph (5)
8of subsection (a) of Section 2105-15 of the Department of
9Professional Regulation Law of the Civil Administrative Code of
10Illinois.
11(Source: P.A. 100-513, eff. 1-1-18.)
12 Section 765. The Orthotics, Prosthetics, and Pedorthics
13Practice Act is amended by changing Section 90 as follows:
14 (225 ILCS 84/90)
15 (Section scheduled to be repealed on January 1, 2020)
16 Sec. 90. Grounds for discipline.
17 (a) The Department may refuse to issue or renew a license,
18or may revoke or suspend a license, or may suspend, place on
19probation, or reprimand a licensee or take other disciplinary
20or non-disciplinary action as the Department may deem proper,
21including, but not limited to, the imposition of fines not to
22exceed $10,000 for each violation for one or any combination of
23the following:
24 (1) Making a material misstatement in furnishing

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1 information to the Department or the Board.
2 (2) Violations of or negligent or intentional
3 disregard of this Act or its rules.
4 (3) Conviction of, or entry of a plea of guilty or nolo
5 contendere to any crime that is a felony under the laws of
6 the United States or any state or territory thereof or that
7 is a misdemeanor of which an essential element is
8 dishonesty, or any crime that is directly related to the
9 practice of the profession.
10 (4) Making a misrepresentation for the purpose of
11 obtaining a license.
12 (5) A pattern of practice or other behavior that
13 demonstrates incapacity or incompetence to practice under
14 this Act.
15 (6) Gross negligence under this Act.
16 (7) Aiding or assisting another person in violating a
17 provision of this Act or its rules.
18 (8) Failing to provide information within 60 days in
19 response to a written request made by the Department.
20 (9) Engaging in dishonorable, unethical, or
21 unprofessional conduct or conduct of a character likely to
22 deceive, defraud, or harm the public.
23 (10) Inability to practice with reasonable judgment,
24 skill, or safety as a result of habitual or excessive use
25 or addiction to alcohol, narcotics, stimulants, or any
26 other chemical agent or drug.

SB2439 Engrossed- 100 -LRB100 18051 XWW 33240 b
1 (11) Discipline by another state or territory of the
2 United States, the federal government, or foreign nation,
3 if at least one of the grounds for the discipline is the
4 same or substantially equivalent to one set forth in this
5 Section.
6 (12) Directly or indirectly giving to or receiving from
7 a person, firm, corporation, partnership, or association a
8 fee, commission, rebate, or other form of compensation for
9 professional services not actually or personally rendered.
10 Nothing in this paragraph (12) affects any bona fide
11 independent contractor or employment arrangements among
12 health care professionals, health facilities, health care
13 providers, or other entities, except as otherwise
14 prohibited by law. Any employment arrangements may include
15 provisions for compensation, health insurance, pension, or
16 other employment benefits for the provision of services
17 within the scope of the licensee's practice under this Act.
18 Nothing in this paragraph (12) shall be construed to
19 require an employment arrangement to receive professional
20 fees for services rendered.
21 (13) A finding by the Board that the licensee or
22 registrant, after having his or her license placed on
23 probationary status, has violated the terms of probation.
24 (14) Abandonment of a patient or client.
25 (15) Willfully making or filing false records or
26 reports in his or her practice including, but not limited

SB2439 Engrossed- 101 -LRB100 18051 XWW 33240 b
1 to, false records filed with State agencies or departments.
2 (16) Willfully failing to report an instance of
3 suspected child abuse or neglect as required by the Abused
4 and Neglected Child Reporting Act.
5 (17) Inability to practice the profession with
6 reasonable judgment, skill, or safety as a result of a
7 physical illness, including, but not limited to,
8 deterioration through the aging process or loss of motor
9 skill, or a mental illness or disability.
10 (18) Solicitation of professional services using false
11 or misleading advertising.
12 (b) In enforcing this Section, the Department or Board upon
13a showing of a possible violation, may compel a licensee or
14applicant to submit to a mental or physical examination, or
15both, as required by and at the expense of the Department. The
16Department or Board may order the examining physician to
17present testimony concerning the mental or physical
18examination of the licensee or applicant. No information shall
19be excluded by reason of any common law or statutory privilege
20relating to communications between the licensee or applicant
21and the examining physician. The examining physicians shall be
22specifically designated by the Board or Department. The
23individual to be examined may have, at his or her own expense,
24another physician of his or her choice present during all
25aspects of this examination. Failure of an individual to submit
26to a mental or physical examination, when directed, shall be

SB2439 Engrossed- 102 -LRB100 18051 XWW 33240 b
1grounds for the immediate suspension of his or her license
2until the individual submits to the examination if the
3Department finds that the refusal to submit to the examination
4was without reasonable cause as defined by rule.
5 In instances in which the Secretary immediately suspends a
6person's license for his or her failure to submit to a mental
7or physical examination, when directed, a hearing on that
8person's license must be convened by the Department within 15
9days after the suspension and completed without appreciable
10delay.
11 In instances in which the Secretary otherwise suspends a
12person's license pursuant to the results of a compelled mental
13or physical examination, a hearing on that person's license
14must be convened by the Department within 15 days after the
15suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21 An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
26 (c) (Blank). The Department shall deny a license or renewal

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1authorized by this Act to a person who has defaulted on an
2educational loan or scholarship provided or guaranteed by the
3Illinois Student Assistance Commission or any governmental
4agency of this State in accordance with subsection (a)(5) of
5Section 2105-15 of the Department of Professional Regulation
6Law of the Civil Administrative Code of Illinois (20 ILCS
72105/2105-15).
8 (d) In cases where the Department of Healthcare and Family
9Services (formerly Department of Public Aid) has previously
10determined that a licensee or a potential licensee is more than
1130 days delinquent in the payment of child support and has
12subsequently certified the delinquency to the Department, the
13Department may refuse to issue or renew or may revoke or
14suspend that person's license or may take other disciplinary
15action against that person based solely upon the certification
16of delinquency made by the Department of Healthcare and Family
17Services in accordance with subsection (a)(5) of Section
182105-15 of the Department of Professional Regulation Law of the
19Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
20 (e) The Department may refuse to issue or renew a license,
21or may revoke or suspend a license, for failure to file a
22return, to pay the tax, penalty, or interest shown in a filed
23return, or to pay any final assessment of tax, penalty, or
24interest 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 Engrossed- 104 -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 770. The Professional Counselor and Clinical
6Professional Counselor Licensing and Practice Act is amended by
7changing Section 80 as follows:
8 (225 ILCS 107/80)
9 (Section scheduled to be repealed on January 1, 2023)
10 Sec. 80. Grounds for discipline.
11 (a) The Department may refuse to issue, renew, or may
12revoke, suspend, place on probation, reprimand, or take other
13disciplinary or non-disciplinary action as the Department
14deems appropriate, including the issuance of fines not to
15exceed $10,000 for each violation, with regard to any license
16for any one or more of the following:
17 (1) Material misstatement in furnishing information to
18 the Department or to any other State agency.
19 (2) Violations or negligent or intentional disregard
20 of this Act or rules adopted 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,

SB2439 Engrossed- 105 -LRB100 18051 XWW 33240 b
1 conditional discharge, or first offender probation, under
2 the laws of any jurisdiction of the United States: (i) that
3 is a felony or (ii) that is a misdemeanor, an essential
4 element of which is dishonesty, or that is directly related
5 to the 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 or gross negligence in
10 the rendering of professional counseling or clinical
11 professional counseling services.
12 (6) Malpractice.
13 (7) Aiding or assisting another person in violating any
14 provision of this Act or any rules.
15 (8) Failing to provide information within 60 days in
16 response to a written request made by the Department.
17 (9) Engaging in dishonorable, unethical, or
18 unprofessional conduct of a character likely to deceive,
19 defraud, or harm the public and violating the rules of
20 professional conduct adopted by the Department.
21 (10) Habitual or excessive use or abuse of drugs as
22 defined in law as controlled substances, alcohol, or any
23 other substance which results in inability to practice with
24 reasonable skill, judgment, or safety.
25 (11) Discipline by another jurisdiction, the District
26 of Columbia, territory, county, or governmental agency, if

SB2439 Engrossed- 106 -LRB100 18051 XWW 33240 b
1 at least one of the grounds for the discipline is the same
2 or substantially equivalent to those set forth in this
3 Section.
4 (12) Directly or indirectly giving to or receiving from
5 any person, firm, corporation, partnership, or association
6 any fee, commission, rebate or other form of compensation
7 for any professional service not actually rendered.
8 Nothing in this paragraph (12) affects any bona fide
9 independent contractor or employment arrangements among
10 health care professionals, health facilities, health care
11 providers, or other entities, except as otherwise
12 prohibited by law. Any employment arrangements may include
13 provisions for compensation, health insurance, pension, or
14 other employment benefits for the provision of services
15 within the scope of the licensee's practice under this Act.
16 Nothing in this paragraph (12) shall be construed to
17 require an employment arrangement to receive professional
18 fees for services rendered.
19 (13) A finding by the Board that the licensee, after
20 having the license placed on probationary status, has
21 violated the terms of probation.
22 (14) Abandonment of a client.
23 (15) Willfully filing false reports relating to a
24 licensee's practice, including but not limited to false
25 records filed with federal or State agencies or
26 departments.

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1 (16) Willfully failing to report an instance of
2 suspected child abuse or neglect as required by the Abused
3 and Neglected Child Reporting Act and in matters pertaining
4 to suspected abuse, neglect, financial exploitation, or
5 self-neglect of adults with disabilities and older adults
6 as set forth in the Adult Protective Services Act.
7 (17) Being named as a perpetrator in an indicated
8 report by the Department of Children and Family Services
9 pursuant to the Abused and Neglected Child Reporting Act,
10 and upon proof by clear and convincing evidence that the
11 licensee has caused a child to be an abused child or
12 neglected child as defined in the Abused and Neglected
13 Child Reporting Act.
14 (18) Physical or mental illness or disability,
15 including, but not limited to, deterioration through the
16 aging process or loss of abilities and skills which results
17 in the inability to practice the profession with reasonable
18 judgment, skill, or safety.
19 (19) Solicitation of professional services by using
20 false or misleading advertising.
21 (20) Allowing one's license under this Act to be used
22 by an unlicensed person in violation of this Act.
23 (21) A finding that licensure has been applied for or
24 obtained by fraudulent means.
25 (22) Practicing under a false or, except as provided by
26 law, an assumed name.

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1 (23) Gross and willful overcharging for professional
2 services including filing statements for collection of
3 fees or monies for which services are not rendered.
4 (24) Rendering professional counseling or clinical
5 professional counseling services without a license or
6 practicing outside the scope of a license.
7 (25) Clinical supervisors failing to adequately and
8 responsibly monitor supervisees.
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) (Blank). The Department shall deny, without hearing,
13any application or renewal for a license under this Act to any
14person who has defaulted on an educational loan guaranteed by
15the Illinois 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 Department of Professional
18Regulation Law of the Civil Administrative Code of Illinois.
19 (b-5) The Department may refuse to issue or may suspend
20without hearing, as provided for in the Code of Civil
21Procedure, the license of any person who fails to file a
22return, pay the tax, penalty, or interest shown in a filed
23return, or pay any final assessment of the tax, penalty, or
24interest as required by any tax Act administered by the
25Illinois Department of Revenue, until such time as the
26requirements of any such tax Act are satisfied in accordance

SB2439 Engrossed- 109 -LRB100 18051 XWW 33240 b
1with subsection (g) of Section 2105-15 of the Department of
2Professional Regulation Law of the Civil Administrative Code of
3Illinois.
4 (b-10) In cases where the Department of Healthcare and
5Family Services has previously determined a licensee or a
6potential licensee is more than 30 days delinquent in the
7payment of child support and has subsequently certified the
8delinquency to the Department, the Department may refuse to
9issue or renew or may revoke or suspend that person's license
10or may take other disciplinary action against that person based
11solely upon the certification of delinquency made by the
12Department of Healthcare and Family Services in accordance with
13item (5) of subsection (a) of Section 2105-15 of the Department
14of Professional Regulation Law of the Civil Administrative Code
15of Illinois.
16 (c) The determination by a court that a licensee is subject
17to involuntary admission or judicial admission as provided in
18the Mental Health and Developmental Disabilities Code will
19result in an automatic suspension of his or her license. The
20suspension will end upon a finding by a court that the licensee
21is no longer subject to involuntary admission or judicial
22admission, the issuance of an order so finding and discharging
23the patient, and the recommendation of the Board to the
24Secretary that the licensee be allowed to resume professional
25practice.
26 (c-5) In enforcing this Act, the Department, upon a showing

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

SB2439 Engrossed- 111 -LRB100 18051 XWW 33240 b
1restriction for continued, reinstated, or renewed licensure to
2practice. Submission to care, counseling, or treatment as
3required by the Department shall not be considered discipline
4of a license. If the licensee refuses to enter into a care,
5counseling, or treatment agreement or fails to abide by the
6terms of the agreement, the Department may file a complaint to
7revoke, suspend, or otherwise discipline the license of the
8individual. The Secretary may order the license suspended
9immediately, pending a hearing by the Department. Fines shall
10not be assessed in disciplinary actions involving physical or
11mental illness or impairment.
12 In instances in which the Secretary 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
17individual'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 An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department that he or she can resume practice in compliance
24with acceptable and prevailing standards under the provisions
25of his or her license.
26 (d) (Blank).

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1(Source: P.A. 100-201, eff. 8-18-17.)
2 Section 775. The Sex Offender Evaluation and Treatment
3Provider Act is amended by changing Section 75 as follows:
4 (225 ILCS 109/75)
5 Sec. 75. Refusal, revocation, or suspension.
6 (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand, or take other
8disciplinary or nondisciplinary action, as the Department
9considers appropriate, including the imposition of fines not to
10exceed $10,000 for each violation, with regard to any license
11or licensee for any one or more of the following:
12 (1) violations of this Act or of the rules adopted
13 under this Act;
14 (2) discipline by the Department under other state law
15 and rules which the licensee is subject to;
16 (3) conviction by plea of guilty or nolo contendere,
17 finding of guilt, jury verdict, or entry of judgment or by
18 sentencing for any crime, including, but not limited to,
19 convictions, preceding sentences of supervision,
20 conditional discharge, or first offender probation, under
21 the laws of any jurisdiction of the United States: (i) that
22 is a felony; or (ii) that is a misdemeanor, an essential
23 element of which is dishonesty, or that is directly related
24 to the practice of the profession;

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1 (4) professional incompetence;
2 (5) advertising in a false, deceptive, or misleading
3 manner;
4 (6) aiding, abetting, assisting, procuring, advising,
5 employing, or contracting with any unlicensed person to
6 provide sex offender evaluation or treatment services
7 contrary to any rules or provisions of this Act;
8 (7) engaging in immoral conduct in the commission of
9 any act, such as sexual abuse, sexual misconduct, or sexual
10 exploitation, related to the licensee's practice;
11 (8) engaging in dishonorable, unethical, or
12 unprofessional conduct of a character likely to deceive,
13 defraud, or harm the public;
14 (9) practicing or offering to practice beyond the scope
15 permitted by law or accepting and performing professional
16 responsibilities which the licensee knows or has reason to
17 know that he or she is not competent to perform;
18 (10) knowingly delegating professional
19 responsibilities to a person unqualified by training,
20 experience, or licensure to perform;
21 (11) failing to provide information in response to a
22 written request made by the Department within 60 days;
23 (12) having a habitual or excessive use of or addiction
24 to alcohol, narcotics, stimulants, or any other chemical
25 agent or drug which results in the inability to practice
26 with reasonable judgment, skill, or safety;

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1 (13) having a pattern of practice or other behavior
2 that demonstrates incapacity or incompetence to practice
3 under this Act;
4 (14) discipline by another state, District of
5 Columbia, territory, or foreign nation, if at least one of
6 the grounds for the discipline is the same or substantially
7 equivalent to those set forth in this Section;
8 (15) a finding by the Department that the licensee,
9 after having his or her license placed on probationary
10 status, has violated the terms of probation;
11 (16) willfully making or filing false records or
12 reports in his or her practice, including, but not limited
13 to, false records filed with State agencies or departments;
14 (17) making a material misstatement in furnishing
15 information to the Department or otherwise making
16 misleading, deceptive, untrue, or fraudulent
17 representations in violation of this Act or otherwise in
18 the practice of the profession;
19 (18) fraud or misrepresentation in applying for or
20 procuring a license under this Act or in connection with
21 applying for renewal of a license under this Act;
22 (19) inability to practice the profession with
23 reasonable judgment, skill, or safety as a result of
24 physical illness, including, but not limited to,
25 deterioration through the aging process, loss of motor
26 skill, or a mental illness or disability;

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1 (20) charging for professional services not rendered,
2 including filing false statements for the collection of
3 fees for which services are not rendered; or
4 (21) practicing under a false or, except as provided by
5 law, an assumed name.
6 All fines shall be paid within 60 days of the effective
7date of the order imposing the fine.
8 (b) The Department may refuse to issue or may suspend the
9license of any person who fails to file a tax return, to pay
10the tax, penalty, or interest shown in a filed tax return, or
11to pay any final assessment of tax, penalty, or interest, as
12required by any tax Act administered by the Illinois Department
13of Revenue, until such time as the requirements of the tax Act
14are satisfied in accordance with subsection (g) of Section
152105-15 of the Civil Administrative Code of Illinois.
16 (c) (Blank). The Department shall deny a license or renewal
17authorized by this Act to a person who has defaulted on an
18educational loan or scholarship provided or guaranteed by the
19Illinois Student Assistance Commission or any governmental
20agency of this State in accordance with item (5) of subsection
21(a) of Section 2105-15 of the Civil Administrative Code of
22Illinois.
23 (d) In cases where the Department of Healthcare and Family
24Services has previously determined that a licensee or a
25potential licensee is more than 30 days delinquent in the
26payment of child support and has subsequently certified the

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

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

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1mental 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 and Board shall have the authority to review the
7subject individual's record of treatment and counseling
8regarding the impairment to the extent permitted by applicable
9federal statutes and regulations safeguarding the
10confidentiality of medical records.
11 An individual licensed under this Act and subject to action
12under this Section shall be afforded an opportunity to
13demonstrate to the Department or Board that he or she can
14resume practice in compliance with acceptable and prevailing
15standards under the provisions of his or her license.
16(Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)
17 Section 780. The Illinois Speech-Language Pathology and
18Audiology Practice Act is amended by changing Section 16 as
19follows:
20 (225 ILCS 110/16) (from Ch. 111, par. 7916)
21 (Section scheduled to be repealed on January 1, 2028)
22 Sec. 16. Refusal, revocation or suspension of licenses.
23 (1) The Department may refuse to issue or renew, or may
24revoke, suspend, place on probation, censure, reprimand or take

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1other disciplinary or non-disciplinary action as the
2Department may deem proper, including fines not to exceed
3$10,000 for each violation, with regard to any license for any
4one or combination of the following causes:
5 (a) Fraud in procuring the license.
6 (b) (Blank).
7 (c) Willful or repeated violations of the rules of the
8 Department of Public Health.
9 (d) Division of fees or agreeing to split or divide the
10 fees received for speech-language pathology or audiology
11 services with any person for referring an individual, or
12 assisting in the care or treatment of an individual,
13 without the knowledge of the individual or his or her legal
14 representative. Nothing in this paragraph (d) affects any
15 bona fide independent contractor or employment
16 arrangements among health care professionals, health
17 facilities, health care providers, or other entities,
18 except as otherwise prohibited by law. Any employment
19 arrangements may include provisions for compensation,
20 health insurance, pension, or other employment benefits
21 for the provision of services within the scope of the
22 licensee's practice under this Act. Nothing in this
23 paragraph (d) shall be construed to require an employment
24 arrangement to receive professional fees for services
25 rendered.
26 (e) Employing, procuring, inducing, aiding or abetting

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1 a person not licensed as a speech-language pathologist or
2 audiologist to engage in the unauthorized practice of
3 speech-language pathology or audiology.
4 (e-5) Employing, procuring, inducing, aiding, or
5 abetting a person not licensed as a speech-language
6 pathology assistant to perform the functions and duties of
7 a speech-language pathology assistant.
8 (f) Making any misrepresentations or false promises,
9 directly or indirectly, to influence, persuade or induce
10 patronage.
11 (g) Professional connection or association with, or
12 lending his or her name to another for the illegal practice
13 of speech-language pathology or audiology by another, or
14 professional connection or association with any person,
15 firm or corporation holding itself out in any manner
16 contrary to this Act.
17 (h) Obtaining or seeking to obtain checks, money, or
18 any other things of value by false or fraudulent
19 representations, including but not limited to, engaging in
20 such fraudulent practice to defraud the medical assistance
21 program of the Department of Healthcare and Family Services
22 (formerly Department of Public Aid).
23 (i) Practicing under a name other than his or her own.
24 (j) Improper, unprofessional or dishonorable conduct
25 of a character likely to deceive, defraud or harm the
26 public.

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1 (k) Conviction by plea of guilty or nolo contendere,
2 finding of guilt, jury verdict, or entry of judgment or
3 sentencing, including, but not limited to, convictions,
4 preceding sentences of supervision, conditional discharge,
5 or first offender probation, under the laws of any
6 jurisdiction of the United States that is (i) a felony or
7 (ii) a misdemeanor, an essential element of which is
8 dishonesty, or that is directly related to the practice of
9 the profession.
10 (1) Permitting a person under his or her supervision to
11 perform any function not authorized by this Act.
12 (m) A violation of any provision of this Act or rules
13 promulgated thereunder.
14 (n) Discipline by another state, the District of
15 Columbia, territory, or foreign nation of a license to
16 practice speech-language pathology or audiology or a
17 license to practice as a speech-language pathology
18 assistant in its jurisdiction if at least one of the
19 grounds for that discipline is the same as or the
20 equivalent of one of the grounds for discipline set forth
21 herein.
22 (o) Willfully failing to report an instance of
23 suspected child abuse or neglect as required by the Abused
24 and Neglected Child Reporting Act.
25 (p) Gross or repeated malpractice.
26 (q) Willfully making or filing false records or reports

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1 in his or her practice as a speech-language pathologist,
2 speech-language pathology assistant, or audiologist,
3 including, but not limited to, false records to support
4 claims against the public assistance program of the
5 Department of Healthcare and Family Services (formerly
6 Illinois Department of Public Aid).
7 (r) Professional incompetence as manifested by poor
8 standards of care or mental incompetence as declared by a
9 court of competent jurisdiction.
10 (s) Repeated irregularities in billing a third party
11 for services rendered to an individual. For purposes of
12 this Section, "irregularities in billing" shall include:
13 (i) reporting excessive charges for the purpose of
14 obtaining a total payment in excess of that usually
15 received by the speech-language pathologist,
16 speech-language pathology assistant, or audiologist
17 for the services rendered;
18 (ii) reporting charges for services not rendered;
19 or
20 (iii) incorrectly reporting services rendered for
21 the purpose of obtaining payment not earned.
22 (t) (Blank).
23 (u) Violation of the Health Care Worker Self-Referral
24 Act.
25 (v) Inability to practice with reasonable judgment,
26 skill, or safety as a result of habitual or excessive use

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1 of or addiction to alcohol, narcotics, or stimulants or any
2 other chemical agent or drug or as a result of physical
3 illness, including, but not limited to, deterioration
4 through the aging process or loss of motor skill, mental
5 illness, or disability.
6 (w) Violation of the Hearing Instrument Consumer
7 Protection Act.
8 (x) Failure by a speech-language pathology assistant
9 and supervising speech-language pathologist to comply with
10 the supervision requirements set forth in Section 8.8.
11 (y) Willfully exceeding the scope of duties
12 customarily undertaken by speech-language pathology
13 assistants set forth in Section 8.7 that results in, or may
14 result in, harm to the public.
15 (z) 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 (aa) Being named as a perpetrator in an indicated
20 report by the Department on Aging under the Adult
21 Protective Services Act, and upon proof by clear and
22 convincing evidence that the licensee has caused an
23 eligible adult to be abused, neglected, or financially
24 exploited as defined in the Adult Protective Services Act.
25 (bb) Violating Section 8.2 of this Act.
26 (cc) Violating Section 8.3 of this Act.

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1 (2) (Blank). The Department shall deny a license or renewal
2authorized by this Act to any person who has defaulted on an
3educational loan guaranteed by the Illinois State Scholarship
4Commission; however, the Department may issue a license or
5renewal if the aforementioned persons have established a
6satisfactory repayment record as determined by the Illinois
7State Scholarship Commission.
8 (3) The entry of an order by a circuit court establishing
9that any person holding a license under this Act is subject to
10involuntary admission or judicial admission as provided for in
11the Mental Health and Developmental Disabilities Code,
12operates as an automatic suspension of that license. That
13person may have his or her license restored only upon the
14determination by a circuit court that the patient is no longer
15subject to involuntary admission or judicial admission and the
16issuance of an order so finding and discharging the patient,
17and upon the Board's recommendation to the Department that the
18license be restored. Where the circumstances so indicate, the
19Board may recommend to the Department that it require an
20examination prior to restoring any license automatically
21suspended under this subsection.
22 (4) The Department may refuse to issue or may suspend the
23license of any person who fails to file a return, or to pay the
24tax, penalty, or interest shown in a filed return, or to pay
25any final assessment of the tax penalty or interest, as
26required by any tax Act administered by the Department of

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1Revenue, until such time as the requirements of any such tax
2Act are satisfied.
3 (5) In enforcing this Section, the Board upon a showing of
4a possible violation may compel an individual licensed to
5practice under this Act, or who has applied for licensure
6pursuant to this Act, to submit to a mental or physical
7examination, or both, as required by and at the expense of the
8Department. The examining physicians or clinical psychologists
9shall be those specifically designated by the Board. The
10individual to be examined may have, at his or her own expense,
11another physician or clinical psychologist of his or her choice
12present during all aspects of this examination. Failure of any
13individual to submit to a mental or physical examination, when
14directed, shall be grounds for suspension of his or her license
15until the individual submits to the examination if the Board
16finds, after notice and hearing, that the refusal to submit to
17the examination was without reasonable cause.
18 If the Board finds an individual unable to practice because
19of the reasons set forth in this Section, the Board may require
20that individual to submit to care, counseling, or treatment by
21physicians or clinical psychologists approved or designated by
22the Board, as a condition, term, or restriction for continued,
23restored, or renewed licensure to practice; or, in lieu of
24care, counseling, or treatment, the Board may recommend to the
25Department to file a complaint to immediately suspend, revoke,
26or otherwise discipline the license of the individual. Any

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1individual whose license was granted, continued, restored,
2renewed, disciplined or supervised subject to such terms,
3conditions, or restrictions, and who fails to comply with such
4terms, conditions, or restrictions, shall be referred to the
5Secretary for a determination as to whether the individual
6shall have his or her license suspended immediately, pending a
7hearing by the Board.
8 In instances in which the Secretary immediately suspends a
9person's license under this Section, a hearing on that person's
10license must be convened by the Board within 15 days after the
11suspension and completed without appreciable delay. The Board
12shall have the authority to review the subject individual's
13record of treatment and counseling regarding the impairment to
14the extent permitted by applicable federal statutes and
15regulations safeguarding the confidentiality of medical
16records.
17 An individual licensed under this Act and affected under
18this Section shall be afforded an opportunity to demonstrate to
19the Board that he or she can resume practice in compliance with
20acceptable and prevailing standards under the provisions of his
21or her license.
22(Source: P.A. 100-530, eff. 1-1-18.)
23 Section 785. The Veterinary Medicine and Surgery Practice
24Act of 2004 is amended by changing Section 25 as follows:

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1 (225 ILCS 115/25) (from Ch. 111, par. 7025)
2 (Section scheduled to be repealed on January 1, 2024)
3 Sec. 25. Disciplinary actions.
4 1. The Department may refuse to issue or renew, or may
5revoke, suspend, place on probation, reprimand, or take other
6disciplinary or non-disciplinary action as the Department may
7deem appropriate, including imposing fines not to exceed
8$10,000 for each violation and the assessment of costs as
9provided for in Section 25.3 of this Act, with regard to any
10license or certificate for any one or combination of the
11following:
12 A. Material misstatement in furnishing information to
13 the Department.
14 B. Violations of this Act, or of the rules adopted
15 pursuant to this Act.
16 C. Conviction by plea of guilty or nolo contendere,
17 finding of guilt, jury verdict, or entry of judgment or by
18 sentencing of any crime, including, but not limited to,
19 convictions, preceding sentences of supervision,
20 conditional discharge, or first offender probation, under
21 the laws of any jurisdiction of the United States that is
22 (i) a felony or (ii) a misdemeanor, an essential element of
23 which is dishonesty, or that is directly related to the
24 practice of the profession.
25 D. Fraud or any misrepresentation in applying for or
26 procuring a license under this Act or in connection with

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1 applying for renewal of a license under this Act.
2 E. Professional incompetence.
3 F. Malpractice.
4 G. Aiding or assisting another person in violating any
5 provision of this Act or rules.
6 H. Failing, within 60 days, to provide information in
7 response to a written request made by the Department.
8 I. Engaging in dishonorable, unethical, or
9 unprofessional conduct of a character likely to deceive,
10 defraud, or harm the public.
11 J. Habitual or excessive use or abuse of drugs defined
12 in law as controlled substances, alcohol, or any other
13 substance that results in the inability to practice with
14 reasonable judgment, skill, or safety.
15 K. Discipline by another state, unit of government,
16 government agency, District of Columbia, territory, or
17 foreign nation, if at least one of the grounds for the
18 discipline is the same or substantially equivalent to those
19 set forth herein.
20 L. Charging for professional services not rendered,
21 including filing false statements for the collection of
22 fees for which services are not rendered.
23 M. A finding by the Board that the licensee or
24 certificate holder, after having his license or
25 certificate placed on probationary status, has violated
26 the terms of probation.

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1 N. Willfully making or filing false records or reports
2 in his practice, including but not limited to false records
3 filed with State agencies or departments.
4 O. Physical illness, including but not limited to,
5 deterioration through the aging process, or loss of motor
6 skill which results in the inability to practice under this
7 Act with reasonable judgment, skill, or safety.
8 P. Solicitation of professional services other than
9 permitted advertising.
10 Q. Allowing one's license under this Act to be used by
11 an unlicensed person in violation of this Act.
12 R. Conviction of or cash compromise of a charge or
13 violation of the Harrison Act or the Illinois Controlled
14 Substances Act, regulating narcotics.
15 S. Fraud or dishonesty in applying, treating, or
16 reporting on tuberculin or other biological tests.
17 T. Failing to report, as required by law, or making
18 false report of any contagious or infectious diseases.
19 U. Fraudulent use or misuse of any health certificate,
20 shipping certificate, brand inspection certificate, or
21 other blank forms used in practice that might lead to the
22 dissemination of disease or the transportation of diseased
23 animals dead or alive; or dilatory methods, willful
24 neglect, or misrepresentation in the inspection of milk,
25 meat, poultry, and the by-products thereof.
26 V. Conviction on a charge of cruelty to animals.

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1 W. Failure to keep one's premises and all equipment
2 therein in a clean and sanitary condition.
3 X. Failure to provide satisfactory proof of having
4 participated in approved continuing education programs.
5 Y. Mental illness or disability that results in the
6 inability to practice under this Act with reasonable
7 judgment, skill, or safety.
8 Z. Conviction by any court of competent jurisdiction,
9 either within or outside this State, of any violation of
10 any law governing the practice of veterinary medicine, if
11 the Department determines, after investigation, that the
12 person has not been sufficiently rehabilitated to warrant
13 the public trust.
14 AA. Promotion of the sale of drugs, devices,
15 appliances, or goods provided for a patient in any manner
16 to exploit the client for financial gain of the
17 veterinarian.
18 BB. Gross, willful, or continued overcharging for
19 professional services.
20 CC. Practicing under a false or, except as provided by
21 law, an assumed name.
22 DD. Violating state or federal laws or regulations
23 relating to controlled substances or legend drugs.
24 EE. Cheating on or attempting to subvert the licensing
25 examination administered under this Act.
26 FF. Using, prescribing, or selling a prescription drug

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1 or the extra-label use of a prescription drug by any means
2 in the absence of a valid veterinarian-client-patient
3 relationship.
4 GG. Failing to report a case of suspected aggravated
5 cruelty, torture, or animal fighting pursuant to Section
6 3.07 or 4.01 of the Humane Care for Animals Act or Section
7 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal
8 Code of 2012.
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 2. The determination by a circuit court that a licensee or
14certificate holder is subject to involuntary admission or
15judicial admission as provided in the Mental Health and
16Developmental Disabilities Code operates as an automatic
17suspension. The suspension will end only upon a finding by a
18court that the patient is no longer subject to involuntary
19admission or judicial admission and issues an order so finding
20and discharging the patient. In any case where a license is
21suspended under this provision, the licensee shall file a
22petition for restoration and shall include evidence acceptable
23to the Department that the licensee can resume practice in
24compliance with acceptable and prevailing standards of his or
25her profession.
26 3. All proceedings to suspend, revoke, place on

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1probationary status, or take any other disciplinary action as
2the Department may deem proper, with regard to a license or
3certificate on any of the foregoing grounds, must be commenced
4within 5 years after receipt by the Department of a complaint
5alleging the commission of or notice of the conviction order
6for any of the acts described in this Section. Except for
7proceedings brought for violations of items (CC), (DD), or
8(EE), no action shall be commenced more than 5 years after the
9date of the incident or act alleged to have violated this
10Section. In the event of the settlement of any claim or cause
11of action in favor of the claimant or the reduction to final
12judgment of any civil action in favor of the plaintiff, the
13claim, cause of action, or civil action being grounded on the
14allegation that a person licensed or certified under this Act
15was negligent in providing care, the Department shall have an
16additional period of one year from the date of the settlement
17or final judgment in which to investigate and begin formal
18disciplinary proceedings under Section 25.2 of this Act, except
19as otherwise provided by law. The time during which the holder
20of the license or certificate was outside the State of Illinois
21shall not be included within any period of time limiting the
22commencement of disciplinary action by the Department.
23 4. The Department may refuse to issue or may suspend
24without hearing, as provided for in the Illinois Code of Civil
25Procedure, the license of any person who fails to file a
26return, to pay the tax, penalty, or interest shown in a filed

SB2439 Engrossed- 133 -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
3Illinois Department of Revenue, until such time as the
4requirements of any such tax Act are satisfied in accordance
5with subsection (g) of Section 2105-15 of the Civil
6Administrative Code of Illinois.
7 5. In enforcing this Section, the Department, upon a
8showing of a possible violation, may compel any individual who
9is registered under this Act or any individual who has applied
10for registration to submit to a mental or physical examination
11or evaluation, or both, which may include a substance abuse or
12sexual offender evaluation, at the expense of the Department.
13The Department shall specifically designate the examining
14physician licensed to practice medicine in all of its branches
15or, if applicable, the multidisciplinary team involved in
16providing the mental or physical examination and evaluation.
17The multidisciplinary team shall be led by a physician licensed
18to practice medicine in all of its branches and may consist of
19one or more or a combination of physicians licensed to practice
20medicine in all of its branches, licensed chiropractic
21physicians, licensed clinical psychologists, licensed clinical
22social workers, licensed clinical professional counselors, and
23other professional and administrative staff. Any examining
24physician or member of the multidisciplinary team may require
25any person ordered to submit to an examination and evaluation
26pursuant to this Section to submit to any additional

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

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1during all aspects of the examination.
2 Failure of any individual to submit to mental or physical
3examination or evaluation, or both, when directed, shall result
4in an automatic suspension without hearing, until such time as
5the individual submits to the examination. If the Department
6finds a registrant unable to practice because of the reasons
7set forth in this Section, the Department shall require such
8registrant to submit to care, counseling, or treatment by
9physicians approved or designated by the Department as a
10condition for continued, reinstated, or renewed registration.
11 In instances in which the Secretary immediately suspends a
12registration under this Section, a hearing upon such person's
13registration must be convened by the Department within 15 days
14after such suspension and completed without appreciable delay.
15The Department shall have the authority to review the
16registrant'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 Individuals registered under this Act who are affected
21under this Section, shall be afforded an opportunity to
22demonstrate to the Department that they can resume practice in
23compliance with acceptable and prevailing standards under the
24provisions of their registration.
25 6. (Blank). The Department shall deny a license or renewal
26authorized by this Act to a person who has defaulted on an

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1educational loan or scholarship provided or guaranteed by the
2Illinois Student Assistance Commission or any governmental
3agency of this State in accordance with paragraph (5) of
4subsection (a) of Section 2105-15 of the Civil Administrative
5Code of Illinois.
6 7. In cases where the Department of Healthcare and Family
7Services has previously determined a licensee or a potential
8licensee is more than 30 days delinquent in the payment of
9child support and has subsequently certified the delinquency to
10the Department, the Department may refuse to issue or renew or
11may revoke or suspend that person's license or may take other
12disciplinary action against that person based solely upon the
13certification of delinquency made by the Department of
14Healthcare and Family Services in accordance with paragraph (5)
15of subsection (a) of Section 2105-15 of the Civil
16Administrative Code of Illinois.
17(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
18 Section 790. The Registered Surgical Assistant and
19Registered Surgical Technologist Title Protection Act is
20amended by changing Section 75 as follows:
21 (225 ILCS 130/75)
22 (Section scheduled to be repealed on January 1, 2024)
23 Sec. 75. Grounds for disciplinary action.
24 (a) The Department may refuse to issue, renew, or restore a

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1registration, may revoke or suspend a registration, or may
2place on probation, reprimand, or take other disciplinary or
3non-disciplinary action with regard to a person registered
4under this Act, including but not limited to the imposition of
5fines not to exceed $10,000 for each violation and the
6assessment of costs as provided for in Section 90, for any one
7or combination of the following causes:
8 (1) Making a material misstatement in furnishing
9 information to the Department.
10 (2) Violating a provision of this Act or rules adopted
11 under this Act.
12 (3) Conviction by plea of guilty or nolo contendere,
13 finding of guilt, jury verdict, or entry of judgment or by
14 sentencing of any crime, including, but not limited to,
15 convictions, preceding sentences of supervision,
16 conditional discharge, or first offender probation, under
17 the laws of any jurisdiction of the United States that is
18 (i) a felony or (ii) a misdemeanor, an essential element of
19 which is dishonesty, or that is directly related to the
20 practice of the profession.
21 (4) Fraud or misrepresentation in applying for,
22 renewing, restoring, reinstating, or procuring a
23 registration under this Act.
24 (5) Aiding or assisting another person in violating a
25 provision of this Act or its rules.
26 (6) Failing to provide information within 60 days in

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1 response to a written request made by the Department.
2 (7) Engaging in dishonorable, unethical, or
3 unprofessional conduct of a character likely to deceive,
4 defraud, or harm the public, as defined by rule of the
5 Department.
6 (8) Discipline by another United States jurisdiction,
7 governmental agency, unit of government, or foreign
8 nation, if at least one of the grounds for discipline is
9 the same or substantially equivalent to those set forth in
10 this Section.
11 (9) Directly or indirectly giving to or receiving from
12 a person, firm, corporation, partnership, or association a
13 fee, commission, rebate, or other form of compensation for
14 professional services not actually or personally rendered.
15 Nothing in this paragraph (9) affects any bona fide
16 independent contractor or employment arrangements among
17 health care professionals, health facilities, health care
18 providers, or other entities, except as otherwise
19 prohibited by law. Any employment arrangements may include
20 provisions for compensation, health insurance, pension, or
21 other employment benefits for the provision of services
22 within the scope of the registrant's practice under this
23 Act. Nothing in this paragraph (9) shall be construed to
24 require an employment arrangement to receive professional
25 fees for services rendered.
26 (10) A finding by the Department that the registrant,

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1 after having his or her registration placed on probationary
2 status, has violated the terms of probation.
3 (11) Willfully making or filing false records or
4 reports in his or her practice, including but not limited
5 to false records or reports filed with State agencies.
6 (12) Willfully making or signing a false statement,
7 certificate, or affidavit to induce payment.
8 (13) Willfully failing to report an instance of
9 suspected child abuse or neglect as required under the
10 Abused and Neglected Child Reporting Act.
11 (14) Being named as a perpetrator in an indicated
12 report by the Department of Children and Family Services
13 under the Abused and Neglected Child Reporting Act and upon
14 proof by clear and convincing evidence that the registrant
15 has caused a child to be an abused child or neglected child
16 as defined in the Abused and Neglected Child Reporting Act.
17 (15) (Blank).
18 (16) Failure to report to the Department (A) any
19 adverse final action taken against the registrant by
20 another registering or licensing jurisdiction, government
21 agency, law enforcement agency, or any court or (B)
22 liability for conduct that would constitute grounds for
23 action as set forth in this Section.
24 (17) Habitual or excessive use or abuse of drugs
25 defined in law as controlled substances, alcohol, or any
26 other substance that results in the inability to practice

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1 with reasonable judgment, skill, or safety.
2 (18) Physical or mental illness, including but not
3 limited to deterioration through the aging process or loss
4 of motor skills, which results in the inability to practice
5 the profession for which he or she is registered with
6 reasonable judgment, skill, or safety.
7 (19) Gross malpractice.
8 (20) Immoral conduct in the commission of an act
9 related to the registrant's practice, including but not
10 limited to sexual abuse, sexual misconduct, or sexual
11 exploitation.
12 (21) Violation of the Health Care Worker Self-Referral
13 Act.
14 (b) The Department may refuse to issue or may suspend
15without hearing the registration of a person who fails to file
16a return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay a final assessment of the tax, penalty, or
18interest as required by a tax Act administered by the
19Department of Revenue, until the requirements of the tax Act
20are satisfied in accordance with subsection (g) of Section
212105-15 of the Department of Regulation Law of the Civil
22Administrative Code of Illinois.
23 (c) The determination by a circuit court that a registrant
24is subject to involuntary admission or judicial admission as
25provided in the Mental Health and Developmental Disabilities
26Code operates as an automatic suspension. The suspension will

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1end only upon (1) a finding by a court that the patient is no
2longer subject to involuntary admission or judicial admission,
3(2) issuance of an order so finding and discharging the
4patient, and (3) filing of a petition for restoration
5demonstrating fitness to practice.
6 (d) (Blank). The Department shall deny a registration or
7renewal authorized by this Act to a person who has defaulted on
8an educational loan or scholarship provided or guaranteed by
9the Illinois Student Assistance Commission or any governmental
10agency of this State in accordance with paragraph (5) of
11subsection (a) of Section 2105-15 of the Department of
12Regulation Law of the Civil Administrative Code of Illinois.
13 (e) In cases where the Department of Healthcare and Family
14Services has previously determined a registrant or a potential
15registrant is more than 30 days delinquent in the payment of
16child support and has subsequently certified the delinquency to
17the Department, the Department may refuse to issue or renew or
18may revoke or suspend that person's registration or may take
19other disciplinary action against that person based solely upon
20the certification of delinquency made by the Department of
21Healthcare and Family Services in accordance with paragraph (5)
22of subsection (a) of Section 2105-15 of the Department of
23Professional Regulation Law of the Civil Administrative Code of
24Illinois.
25 (f) In enforcing this Section, the Department, upon a
26showing of a possible violation, may compel any individual

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

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

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1physicians approved or designated by the Department as a
2condition for continued, reinstated, or renewed registration.
3 When the Secretary immediately suspends a registration
4under this Section, a hearing upon such person's registration
5must be convened by the Department within 15 days after such
6suspension and completed without appreciable delay. The
7Department shall have the authority to review the registrant's
8record of treatment and counseling regarding the impairment to
9the extent permitted by applicable federal statutes and
10regulations safeguarding the confidentiality of medical
11records.
12 Individuals registered under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department that they can resume practice in compliance with
15acceptable and prevailing standards under the provisions of
16their registration.
17 (g) All fines imposed under this Section shall be paid
18within 60 days after the effective date of the order imposing
19the fine or in accordance with the terms set forth in the order
20imposing the fine.
21(Source: P.A. 98-364, eff. 12-31-13.)
22 Section 795. The Genetic Counselor Licensing Act is amended
23by changing Section 95 as follows:
24 (225 ILCS 135/95)

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1 (Section scheduled to be repealed on January 1, 2025)
2 Sec. 95. Grounds for discipline.
3 (a) The Department may refuse to issue, renew, or may
4revoke, suspend, place on probation, reprimand, or take other
5disciplinary or non-disciplinary action as the Department
6deems appropriate, including the issuance of fines not to
7exceed $10,000 for each violation, with regard to any license
8for any one or more of the following:
9 (1) Material misstatement in furnishing information to
10 the Department or to any other State agency.
11 (2) Violations or negligent or intentional disregard
12 of this Act, or any of its rules.
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: (i) that is a felony or
19 (ii) that is a misdemeanor, an essential element of which
20 is dishonesty, or that is directly related to the practice
21 of genetic counseling.
22 (4) Making any misrepresentation for the purpose of
23 obtaining a license, or violating any provision of this Act
24 or its rules.
25 (5) Negligence in the rendering of genetic counseling
26 services.

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1 (6) Failure to provide genetic testing results and any
2 requested information to a referring physician licensed to
3 practice medicine in all its branches, advanced practice
4 registered nurse, or physician assistant.
5 (7) Aiding or assisting another person in violating any
6 provision of this Act or any rules.
7 (8) Failing to provide information within 60 days in
8 response to a written request made by the Department.
9 (9) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public and violating the rules of
12 professional conduct adopted by the Department.
13 (10) Failing to maintain the confidentiality of any
14 information received from a client, unless otherwise
15 authorized or required by law.
16 (10.5) Failure to maintain client records of services
17 provided and provide copies to clients upon request.
18 (11) Exploiting a client for personal advantage,
19 profit, or interest.
20 (12) Habitual or excessive use or addiction to alcohol,
21 narcotics, stimulants, or any other chemical agent or drug
22 which results in inability to practice with reasonable
23 skill, judgment, or safety.
24 (13) Discipline by another governmental agency or unit
25 of government, by any jurisdiction of the United States, or
26 by a foreign nation, if at least one of the grounds for the

SB2439 Engrossed- 147 -LRB100 18051 XWW 33240 b
1 discipline is the same or substantially equivalent to those
2 set forth in this Section.
3 (14) Directly or indirectly giving to or receiving from
4 any person, firm, corporation, partnership, or association
5 any fee, commission, rebate, or other form of compensation
6 for any professional service not actually rendered.
7 Nothing in this paragraph (14) affects any bona fide
8 independent contractor or employment arrangements among
9 health care professionals, health facilities, health care
10 providers, or other entities, except as otherwise
11 prohibited by law. Any employment arrangements may include
12 provisions for compensation, health insurance, pension, or
13 other employment benefits for the provision of services
14 within the scope of the licensee's practice under this Act.
15 Nothing in this paragraph (14) shall be construed to
16 require an employment arrangement to receive professional
17 fees for services rendered.
18 (15) A finding by the Department that the licensee,
19 after having the license placed on probationary status has
20 violated the terms of probation.
21 (16) Failing to refer a client to other health care
22 professionals when the licensee is unable or unwilling to
23 adequately support or serve the client.
24 (17) Willfully filing false reports relating to a
25 licensee's practice, including but not limited to false
26 records filed with federal or State agencies or

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1 departments.
2 (18) Willfully failing to report an instance of
3 suspected child abuse or neglect as required by the Abused
4 and Neglected Child Reporting Act.
5 (19) Being named as a perpetrator in an indicated
6 report by the Department of Children and Family Services
7 pursuant to the Abused and Neglected Child Reporting Act,
8 and upon proof by clear and convincing evidence that the
9 licensee has caused a child to be an abused child or
10 neglected child as defined in the Abused and Neglected
11 Child Reporting Act.
12 (20) Physical or mental disability, including
13 deterioration through the aging process or loss of
14 abilities and skills which results in the inability to
15 practice the profession with reasonable judgment, skill,
16 or safety.
17 (21) Solicitation of professional services by using
18 false or misleading advertising.
19 (22) Failure to file a return, or to pay the tax,
20 penalty of interest shown in a filed return, or to pay any
21 final assessment of tax, penalty or interest, as required
22 by any tax Act administered by the Illinois Department of
23 Revenue or any successor agency or the Internal Revenue
24 Service or any successor agency.
25 (23) Fraud or making any misrepresentation in applying
26 for or procuring a license under this Act or in connection

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1 with applying for renewal of a license under this Act.
2 (24) Practicing or attempting to practice under a name
3 other than the full name as shown on the license or any
4 other legally authorized name.
5 (25) Gross overcharging for professional services,
6 including filing statements for collection of fees or
7 monies for which services are not rendered.
8 (26) (Blank).
9 (27) Charging for professional services not rendered,
10 including filing false statements for the collection of
11 fees for which services are not rendered.
12 (28) Allowing one's license under this Act to be used
13 by an unlicensed person in violation of this Act.
14 (b) (Blank). The Department shall deny, without hearing,
15any application or renewal for a license under this Act to any
16person who has defaulted on an educational loan guaranteed by
17the Illinois Student Assistance Commission; however, the
18Department may issue a license or renewal if the person in
19default has established a satisfactory repayment record as
20determined by the Illinois Student Assistance Commission.
21 (c) The determination by a court that a licensee is subject
22to involuntary admission or judicial admission as provided in
23the Mental Health and Developmental Disabilities Code will
24result in an automatic suspension of his or her license. The
25suspension will end upon a finding by a court that the licensee
26is no longer subject to involuntary admission or judicial

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1admission, the issuance of an order so finding and discharging
2the patient, and the determination of the Secretary that the
3licensee be allowed to resume professional practice.
4 (d) The Department may refuse to issue or renew or may
5suspend without hearing the license of any person who fails to
6file a return, to pay the tax penalty or interest shown in a
7filed return, or to pay any final assessment of the tax,
8penalty, or interest as required by any Act regarding the
9payment of taxes administered by the Illinois Department of
10Revenue until the requirements of the Act are satisfied in
11accordance with subsection (g) of Section 2105-15 of the Civil
12Administrative Code of Illinois.
13 (e) In cases where the Department of Healthcare and Family
14Services has previously determined that a licensee or a
15potential licensee is more than 30 days delinquent in the
16payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18issue or renew or may revoke or suspend that person's license
19or may take other disciplinary action against that person based
20solely upon the certification of delinquency made by the
21Department of Healthcare and Family Services in accordance with
22item (5) of subsection (a) of Section 2105-15 of the Department
23of Professional Regulation Law of the Civil Administrative Code
24of Illinois.
25 (f) All fines or costs imposed under this Section shall be
26paid within 60 days after the effective date of the order

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1imposing the fine or costs or in accordance with the terms set
2forth in the order imposing the fine.
3(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
4100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
5 Section 800. The Illinois Architecture Practice Act of 1989
6is amended by changing Section 22 as follows:
7 (225 ILCS 305/22) (from Ch. 111, par. 1322)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 22. Refusal, suspension and revocation of licenses;
10causes.
11 (a) The Department may, singularly or in combination,
12refuse to issue, renew or restore, or may suspend, revoke,
13place on probation, or take other disciplinary or
14non-disciplinary action as deemed appropriate, including, but
15not limited to, the imposition of fines not to exceed $10,000
16for each violation, as the Department may deem proper, with
17regard to a license for any one or combination of the following
18causes:
19 (1) material misstatement in furnishing information to
20 the Department;
21 (2) negligence, incompetence or misconduct in the
22 practice of architecture;
23 (3) failure to comply with any of the provisions of
24 this Act or any of the rules;

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1 (4) making any misrepresentation for the purpose of
2 obtaining licensure;
3 (5) purposefully making false statements or signing
4 false statements, certificates or affidavits to induce
5 payment;
6 (6) conviction of or plea of guilty or nolo contendere
7 to any crime that is a felony under the laws of the United
8 States or any state or territory thereof or that is a
9 misdemeanor, an essential element of which is dishonesty,
10 or any crime that is directly related to the practice of
11 the profession of architecture;
12 (7) aiding or assisting another person in violating any
13 provision of this Act or its rules;
14 (8) signing, affixing the architect's seal or
15 permitting the architect's seal to be affixed to any
16 technical submission not prepared by the architect or under
17 that architect's responsible control;
18 (9) engaging in dishonorable, unethical or
19 unprofessional conduct of a character likely to deceive,
20 defraud or harm the public;
21 (10) habitual or excessive use or addiction to alcohol,
22 narcotics, stimulants, or any other chemical agent or drug
23 that results in the inability to practice with reasonable
24 judgment, skill, or safety;
25 (11) making a statement of compliance pursuant to the
26 Environmental Barriers Act that technical submissions

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1 prepared by the architect or prepared under the architect's
2 responsible control for construction or alteration of an
3 occupancy required to be in compliance with the
4 Environmental Barriers Act are in compliance with the
5 Environmental Barriers Act when such technical submissions
6 are not in compliance;
7 (12) a finding by the Board that an applicant or
8 registrant has failed to pay a fine imposed by the
9 Department or a registrant, whose license has been placed
10 on probationary status, has violated the terms of
11 probation;
12 (13) discipline by another state, territory, foreign
13 country, the District of Columbia, the United States
14 government, or any other governmental agency, if at least
15 one of the grounds for discipline is the same or
16 substantially equivalent to those set forth herein;
17 (14) failure to provide information in response to a
18 written request made by the Department within 30 days after
19 the receipt of such written request;
20 (15) physical illness, including, but not limited to,
21 deterioration through the aging process or loss of motor
22 skill, mental illness, or disability which results in the
23 inability to practice the profession with reasonable
24 judgment, skill, and safety, including without limitation
25 deterioration through the aging process, mental illness,
26 or disability.

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

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1Department and Board shall have the authority to review the
2licensee's record of treatment and counseling regarding the
3relevant impairment or impairments to the extent permitted by
4applicable federal statutes and regulations safeguarding the
5confidentiality of medical records.
6 Any licensee suspended under this subsection (a-5) shall be
7afforded an opportunity to demonstrate to the Department or
8Board that he or she can resume practice in compliance with the
9acceptable and prevailing standards under the provisions of his
10or her license.
11 (b) The determination by a circuit court that a licensee is
12subject to involuntary admission or judicial admission, as
13provided in the Mental Health and Developmental Disabilities
14Code, operates as an automatic suspension. Such suspension will
15end only upon a finding by a court that the patient is no
16longer subject to involuntary admission or judicial admission,
17the issuance of an order so finding and discharging the
18patient, and the recommendation of the Board to the Secretary
19that the licensee be allowed to resume practice.
20 (c) (Blank). The Department shall deny a license or renewal
21authorized by this Act to a person who has defaulted on an
22educational loan or scholarship provided or guaranteed by the
23Illinois Student Assistance Commission or any governmental
24agency of this State in accordance with subdivision (a)(5) of
25Section 2105-15 of the Department of Professional Regulation
26Law of the Civil Administrative Code of Illinois.

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1 (d) In cases where the Department of Healthcare and Family
2Services (formerly the Department of Public Aid) has previously
3determined that a licensee or a potential licensee is more than
430 days delinquent in the payment of child support and has
5subsequently certified the delinquency to the Department, the
6Department shall refuse to issue or renew or shall revoke or
7suspend that person's license or shall take other disciplinary
8action against that person based solely upon the certification
9of delinquency made by the Department of Healthcare and Family
10Services in accordance with subdivision (a)(5) of Section
112105-15 of the Department of Professional Regulation Law of the
12Civil Administrative Code of Illinois.
13 (e) The Department shall deny a license or renewal
14authorized by this Act to a person who has failed to file a
15return, to pay the tax, penalty, or interest shown in a filed
16return, or to pay any final assessment of tax, penalty, or
17interest as required by any tax Act administered by the
18Department of Revenue, until such time as the requirements of
19the tax Act are satisfied in accordance with subsection (g) of
20Section 2105-15 of the Department of Professional Regulation
21Law of the Civil Administrative Code of Illinois.
22 (f) Persons who assist the Department as consultants or
23expert witnesses in the investigation or prosecution of alleged
24violations of the Act, licensure matters, restoration
25proceedings, or criminal prosecutions, shall not be liable for
26damages in any civil action or proceeding as a result of such

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1assistance, except upon proof of actual malice. The attorney
2general shall defend such persons in any such action or
3proceeding.
4(Source: P.A. 98-756, eff. 7-16-14.)
5 Section 805. The Interior Design Title Act is amended by
6changing Section 13 as follows:
7 (225 ILCS 310/13) (from Ch. 111, par. 8213)
8 (Section scheduled to be repealed on January 1, 2022)
9 Sec. 13. Refusal, revocation or suspension of
10registration. The Department may refuse to issue, renew, or
11restore or may revoke, suspend, place on probation, reprimand
12or take other disciplinary action as the Department may deem
13proper, including fines not to exceed $5,000 for each
14violation, with regard to any registration for any one or
15combination of the following causes:
16 (a) Fraud in procuring the certificate of
17 registration.
18 (b) Habitual intoxication or addiction to the use of
19 drugs.
20 (c) Making any misrepresentations or false promises,
21 directly or indirectly, to influence, persuade, or induce
22 patronage.
23 (d) Professional connection or association with, or
24 lending his or her name, to another for illegal use of the

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1 title "registered interior designer", or professional
2 connection or association with any person, firm, or
3 corporation holding itself out in any manner contrary to
4 this Act.
5 (e) Obtaining or seeking to obtain checks, money, or
6 any other items of value by false or fraudulent
7 representations.
8 (f) Use of the title under a name other than his or her
9 own.
10 (g) Improper, unprofessional, or dishonorable conduct
11 of a character likely to deceive, defraud, or harm the
12 public.
13 (h) Conviction in this or another state, or federal
14 court, of any crime which is a felony, if the Department
15 determines, after investigation, that such person has not
16 been sufficiently rehabilitated to warrant the public
17 trust.
18 (i) A violation of any provision of this Act or its
19 rules.
20 (j) Revocation by another state, the District of
21 Columbia, territory, or foreign nation of an interior
22 design or residential interior design registration if at
23 least one of the grounds for that revocation is the same as
24 or the equivalent of one of the grounds for revocation set
25 forth in this Act.
26 (k) Mental incompetence as declared by a court of

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

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1resume using the title "registered interior designer" only upon
2a finding by the Board that he or she has been determined to be
3no longer subject to involuntary admission by the court and
4upon the Board's recommendation to the Director that he or she
5be permitted to resume using the title "registered interior
6designer".
7(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)
8 Section 810. The Professional Engineering Practice Act of
91989 is amended by changing Section 24 as follows:
10 (225 ILCS 325/24) (from Ch. 111, par. 5224)
11 (Section scheduled to be repealed on January 1, 2020)
12 Sec. 24. Rules of professional conduct; disciplinary or
13administrative action.
14 (a) The Department shall adopt rules setting standards of
15professional conduct and establish appropriate penalties for
16the breach of such rules.
17 (a-1) The Department may, singularly or in combination,
18refuse to issue, renew, or restore a license or may revoke,
19suspend, place on probation, reprimand, or take other
20disciplinary or non-disciplinary action with regard to a person
21licensed under this Act, including but not limited to, the
22imposition of a fine not to exceed $10,000 per violation upon
23any person, corporation, partnership, or professional design
24firm licensed or registered under this Act, for any one or

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1combination of the following causes:
2 (1) Material misstatement in furnishing information to
3 the Department.
4 (2) Violations of this Act or any of its rules.
5 (3) Conviction of or entry of a plea of guilty or nolo
6 contendere to any crime that is a felony under the laws of
7 the United States or any state or territory thereof, or
8 that is a misdemeanor, an essential element of which is
9 dishonesty, or any crime that is directly related to the
10 practice of engineering.
11 (4) Making any misrepresentation for the purpose of
12 obtaining, renewing, or restoring a license or violating
13 any provision of this Act or the rules promulgated under
14 this Act pertaining to advertising.
15 (5) Willfully making or signing a false statement,
16 certificate, or affidavit to induce payment.
17 (6) Negligence, incompetence or misconduct in the
18 practice of professional engineering as a licensed
19 professional engineer or in working as an engineer intern.
20 (7) Aiding or assisting another person in violating any
21 provision of this Act or its rules.
22 (8) Failing to provide information in response to a
23 written request made by the Department within 30 days after
24 receipt of such written request.
25 (9) Engaging in dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,

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1 defraud or harm the public.
2 (10) Inability to practice the profession with
3 reasonable judgment, skill, or safety as a result of a
4 physical illness, including, but not limited to,
5 deterioration through the aging process or loss of motor
6 skill, or mental illness or disability.
7 (11) Discipline by the United States Government,
8 another state, District of Columbia, territory, foreign
9 nation or government agency, if at least one of the grounds
10 for the discipline is the same or substantially equivalent
11 to those set forth in this Act.
12 (12) Directly or indirectly giving to or receiving from
13 any person, firm, corporation, partnership or association
14 any fee, commission, rebate or other form of compensation
15 for any professional services not actually or personally
16 rendered.
17 (13) A finding by the Department that an applicant or
18 registrant has failed to pay a fine imposed by the
19 Department, a registrant whose license has been placed on
20 probationary status has violated the terms of probation, or
21 a registrant has practiced on an expired, inactive,
22 suspended, or revoked license.
23 (14) Signing, affixing the professional engineer's
24 seal or permitting the professional engineer's seal to be
25 affixed to any technical submissions not prepared as
26 required by Section 14 or completely reviewed by the

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1 professional engineer or under the professional engineer's
2 direct supervision.
3 (15) Inability to practice the profession with
4 reasonable judgment, skill or safety as a result of
5 habitual or excessive use or addiction to alcohol,
6 narcotics, stimulants, or any other chemical agent or drug.
7 (16) The making of a statement pursuant to the
8 Environmental Barriers Act that a plan for construction or
9 alteration of a public facility or for construction of a
10 multi-story housing unit is in compliance with the
11 Environmental Barriers Act when such plan is not in
12 compliance.
13 (17) (Blank).
14 (a-2) The Department shall deny a license or renewal
15authorized by this Act to a person who has failed to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Department of Revenue, until such time as the requirements of
20the tax Act are satisfied in accordance with subsection (g) of
21Section 2105-15 of the Department of Professional Regulation
22Law of the Civil Administrative Code of Illinois (20 ILCS
232105/2105-15).
24 (a-3) (Blank). The Department shall deny a license or
25renewal authorized by this Act to a person who has defaulted on
26an educational loan or scholarship provided or guaranteed by

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1the Illinois Student Assistance Commission or any governmental
2agency of this State in accordance with subdivision (a)(5) of
3Section 2105-15 of the Department of Professional Regulation
4Law of the Civil Administrative Code of Illinois (20 ILCS
52105/2105-15).
6 (a-4) In cases where the Department of Healthcare and
7Family Services (formerly the Department of Public Aid) has
8previously determined that a licensee or a potential licensee
9is more than 30 days delinquent in the payment of child support
10and has subsequently certified the delinquency to the
11Department, the Department shall refuse to issue or renew or
12shall revoke or suspend that person's license or shall take
13other disciplinary action against that person based solely upon
14the certification of delinquency made by the Department of
15Healthcare and Family Services in accordance with subdivision
16(a)(5) of Section 2105-15 of the Department of Professional
17Regulation Law of the Civil Administrative Code of Illinois (20
18ILCS 2105/2105-15).
19 (a-5) In enforcing this Section, the Department or Board,
20upon a showing of a possible violation, may order a licensee or
21applicant to submit to a mental or physical examination, or
22both, at the expense of the Department. The Department or Board
23may order the examining physician to present testimony
24concerning his or her examination of the licensee or applicant.
25No information shall be excluded by reason of any common law or
26statutory privilege relating to communications between the

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

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1acceptable and prevailing standards under the provisions of his
2or her license.
3 (b) The determination by a circuit court that a registrant
4is subject to involuntary admission or judicial admission as
5provided in the Mental Health and Developmental Disabilities
6Code, as now or hereafter amended, operates as an automatic
7suspension. Such suspension will end only upon a finding by a
8court that the patient is no longer subject to involuntary
9admission or judicial admission, the issuance of an order so
10finding and discharging the patient, and the recommendation of
11the Board to the Director that the registrant be allowed to
12resume practice.
13(Source: P.A. 98-756, eff. 7-16-14.)
14 Section 815. The Illinois Professional Land Surveyor Act of
151989 is amended by changing Section 27 as follows:
16 (225 ILCS 330/27) (from Ch. 111, par. 3277)
17 (Section scheduled to be repealed on January 1, 2020)
18 Sec. 27. Grounds for disciplinary action.
19 (a) The Department may refuse to issue or renew a license,
20or may place on probation or administrative supervision,
21suspend, or revoke any license, or may reprimand or take any
22disciplinary or non-disciplinary action as the Department may
23deem proper, including the imposition of fines not to exceed
24$10,000 per violation, upon any person, corporation,

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1partnership, or professional land surveying firm licensed or
2registered under this Act for any of the following reasons:
3 (1) material misstatement in furnishing information to
4 the Department;
5 (2) violation, including, but not limited to, neglect
6 or intentional disregard, of this Act, or its rules;
7 (3) conviction of, or entry of a plea of guilty or nolo
8 contendere to, any crime that is a felony under the laws of
9 the United States or any state or territory thereof or that
10 is a misdemeanor of which an essential element is
11 dishonesty, or any crime that is directly related to the
12 practice of the profession;
13 (4) making any misrepresentation for the purpose of
14 obtaining a license, or in applying for restoration or
15 renewal, or the practice of any fraud or deceit in taking
16 any examination to qualify for licensure under this Act;
17 (5) purposefully making false statements or signing
18 false statements, certificates, or affidavits to induce
19 payment;
20 (6) proof of carelessness, incompetence, negligence,
21 or misconduct in practicing land surveying;
22 (7) aiding or assisting another person in violating any
23 provision of this Act or its rules;
24 (8) failing to provide information in response to a
25 written request made by the Department within 30 days after
26 receipt of such written request;

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1 (9) engaging in dishonorable, unethical, or
2 unprofessional conduct of a character likely to deceive,
3 defraud, or harm the public;
4 (10) inability to practice with reasonable judgment,
5 skill, or safety as a result of habitual or excessive use
6 of, or addiction to, alcohol, narcotics, stimulants or any
7 other chemical agent or drug;
8 (11) discipline by the United States government,
9 another state, District of Columbia, territory, foreign
10 nation or government agency if at least one of the grounds
11 for the discipline is the same or substantially equivalent
12 to those set forth in this Act;
13 (12) directly or indirectly giving to or receiving from
14 any person, firm, corporation, partnership, or association
15 any fee, commission, rebate, or other form of compensation
16 for any professional services not actually or personally
17 rendered;
18 (12.5) issuing a map or plat of survey where the fee
19 for professional services is contingent on a real estate
20 transaction closing;
21 (13) a finding by the Department that an applicant or
22 licensee has failed to pay a fine imposed by the Department
23 or a licensee whose license has been placed on probationary
24 status has violated the terms of probation;
25 (14) practicing on an expired, inactive, suspended, or
26 revoked license;

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1 (15) signing, affixing the Professional Land
2 Surveyor's seal or permitting the Professional Land
3 Surveyor's seal to be affixed to any map or plat of survey
4 not prepared by the Professional Land Surveyor or under the
5 Professional Land Surveyor's direct supervision and
6 control;
7 (16) 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 or loss of motor
11 skill or a mental illness or disability;
12 (17) (blank); or
13 (18) failure to adequately supervise or control land
14 surveying operations being performed by subordinates.
15 (a-5) In enforcing this Section, the Department or Board,
16upon a showing of a possible violation, may compel a person
17licensed to practice under this Act, or who has applied for
18licensure or certification pursuant to this Act, to submit to a
19mental or physical examination, or both, as required by and at
20the expense of the Department. The Department or Board may
21order the examining physician to present testimony concerning
22the mental or physical examination of the licensee or
23applicant. No information shall be excluded by reason of any
24common law or statutory privilege relating to communications
25between the licensee or applicant and the examining physician.
26The examining physicians shall be specifically designated by

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1the Board or Department. The individual to be examined may
2have, at his or her own expense, another physician of his or
3her choice present during all aspects of the examination.
4Failure of an individual to submit to a mental or physical
5examination when directed shall be grounds for the immediate
6suspension of his or her license until the individual submits
7to the examination if the Department finds that the refusal to
8submit to the examination was without reasonable cause as
9defined by rule.
10 If the Secretary immediately suspends the license of a
11licensee for his or her failure to submit to a mental or
12physical examination when directed, a hearing must be convened
13by the Department within 15 days after the suspension and
14completed without appreciable delay.
15 If the Secretary otherwise suspends a person's license
16pursuant to the results of a compelled mental or physical
17examination, a hearing on that person's license must be
18convened by the Department within 15 days after the suspension
19and completed without appreciable delay. The Department and
20Board shall have the authority to review the subject
21individual's record of treatment and counseling regarding
22impairment to the extent permitted by applicable federal
23statutes and regulations safeguarding the confidentiality of
24medical records.
25 Any licensee suspended under this subsection (a-5) shall be
26afforded an opportunity to demonstrate to the Department or

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1Board that he or she can resume practice in compliance with the
2acceptable and prevailing standards under the provisions of his
3or her license.
4 (b) 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, as now or hereafter amended, operates as an automatic
8license suspension. Such suspension will end only upon a
9finding by a court that the patient is no longer subject to
10involuntary admission or judicial admission and the issuance of
11an order so finding and discharging the patient and upon the
12recommendation of the Board to the Director that the licensee
13be allowed to resume his or her practice.
14 (c) (Blank). The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with subdivision (a)(5) of
19Section 2105-15 of the Department of Professional Regulation
20Law of the Civil Administrative Code of Illinois (20 ILCS
212105/2105-15).
22 (d) In cases where the Department of Healthcare and Family
23Services (formerly the Department of Public Aid) has previously
24determined that a licensee or a potential licensee is more than
2530 days delinquent in the payment of child support and has
26subsequently certified the delinquency to the Department, the

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1Department shall refuse to issue or renew or shall revoke or
2suspend that person's license or shall take other disciplinary
3action against that person based solely upon the certification
4of delinquency made by the Department of Healthcare and Family
5Services in accordance with subdivision (a)(5) of Section
62105-15 of the Department of Professional Regulation Law of the
7Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
8 (e) The Department shall refuse to issue or renew or shall
9revoke or suspend a person's license or shall take other
10disciplinary action against that person for his or her failure
11to file a return, to pay the tax, penalty, or interest shown in
12a filed return, or to pay any final assessment of tax, penalty,
13or interest as required by any tax Act administered by the
14Department of Revenue, until such time as the requirements of
15the tax Act are satisfied in accordance with subsection (g) of
16Section 2105-15 of the Department of Professional Regulation
17Law of the Civil Administrative Code of Illinois (20 ILCS
182105/2105-15).
19(Source: P.A. 98-756, eff. 7-16-14.)
20 Section 820. The Illinois Roofing Industry Licensing Act is
21amended by changing Section 9.1 as follows:
22 (225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)
23 (Section scheduled to be repealed on January 1, 2026)
24 Sec. 9.1. Grounds for disciplinary action.

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1 (1) The Department may refuse to issue or to 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 for each
5violation, with regard to any license for any one or
6combination of the following:
7 (a) violation of this Act or its rules;
8 (b) for licensees, conviction or plea of guilty or nolo
9 contendere, finding of guilt, jury verdict, or entry of
10 judgment or sentencing of any crime, including, but not
11 limited to, convictions, preceding sentences of
12 supervision, conditional discharge, or first offender
13 probation, under the laws of any jurisdiction of the United
14 States that is (i) a felony or (ii) a misdemeanor, an
15 essential element of which is dishonesty or that is
16 directly related to the practice of the profession and, for
17 initial applicants, convictions set forth in Section 7.1 of
18 this Act;
19 (c) fraud or any misrepresentation in applying for or
20 procuring a license under this Act, or in connection with
21 applying for renewal of a license under this Act;
22 (d) professional incompetence or gross negligence in
23 the practice of roofing contracting, prima facie evidence
24 of which may be a conviction or judgment in any court of
25 competent jurisdiction against an applicant or licensee
26 relating to the practice of roofing contracting or the

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1 construction of a roof or repair thereof that results in
2 leakage within 90 days after the completion of such work;
3 (e) (blank);
4 (f) aiding or assisting another person in violating any
5 provision of this Act or rules;
6 (g) failing, within 60 days, to provide information in
7 response to a written request made by the Department;
8 (h) engaging in dishonorable, unethical, or
9 unprofessional conduct of a character likely to deceive,
10 defraud, or harm the public;
11 (i) habitual or excessive use or abuse of controlled
12 substances, as defined by the Illinois Controlled
13 Substances Act, alcohol, or any other substance that
14 results in the inability to practice with reasonable
15 judgment, skill, or safety;
16 (j) discipline by another state, unit of government, or
17 government agency, the District of Columbia, a territory,
18 or a foreign nation, if at least one of the grounds for the
19 discipline is the same or substantially equivalent to those
20 set forth in this Section;
21 (k) 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 (l) a finding by the Department that the licensee,

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1 after having his or her license disciplined, has violated
2 the terms of the discipline;
3 (m) a finding by any court of competent jurisdiction,
4 either within or without this State, of any violation of
5 any law governing the practice of roofing contracting, if
6 the Department determines, after investigation, that such
7 person has not been sufficiently rehabilitated to warrant
8 the public trust;
9 (n) willfully making or filing false records or reports
10 in the practice of roofing contracting, including, but not
11 limited to, false records filed with the State agencies or
12 departments;
13 (o) practicing, attempting to practice, or advertising
14 under a name other than the full name as shown on the
15 license or any other legally authorized name;
16 (p) gross and willful overcharging for professional
17 services including filing false statements for collection
18 of fees or monies for which services are not rendered;
19 (q) (blank);
20 (r) (blank);
21 (s) failure to continue to meet the requirements of
22 this Act shall be deemed a violation;
23 (t) physical or mental disability, including
24 deterioration through the aging process or loss of
25 abilities and skills that result in an inability to
26 practice the profession with reasonable judgment, skill,

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1 or safety;
2 (u) material misstatement in furnishing information to
3 the Department or to any other State agency;
4 (v) (blank);
5 (w) advertising in any manner that is false,
6 misleading, or deceptive;
7 (x) taking undue advantage of a customer, which results
8 in the perpetration of a fraud;
9 (y) performing any act or practice that is a violation
10 of the Consumer Fraud and Deceptive Business Practices Act;
11 (z) engaging in the practice of roofing contracting, as
12 defined in this Act, with a suspended, revoked, or
13 cancelled license;
14 (aa) treating any person differently to the person's
15 detriment because of race, color, creed, gender, age,
16 religion, or national origin;
17 (bb) knowingly making any false statement, oral,
18 written, or otherwise, of a character likely to influence,
19 persuade, or induce others in the course of obtaining or
20 performing roofing contracting services;
21 (cc) violation of any final administrative action of
22 the Secretary;
23 (dd) allowing the use of his or her roofing license by
24 an unlicensed roofing contractor for the purposes of
25 providing roofing or waterproofing services; or
26 (ee) (blank);

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1 (ff) cheating or attempting to subvert a licensing
2 examination administered under this Act; or
3 (gg) use of a license to permit or enable an unlicensed
4 person to provide roofing contractor services.
5 (2) The determination by a circuit court that a license
6holder is subject to involuntary admission or judicial
7admission, as provided in the Mental Health and Developmental
8Disabilities Code, operates as an automatic suspension. Such
9suspension will end only upon a finding by a court that the
10patient is no longer subject to involuntary admission or
11judicial admission, an order by the court so finding and
12discharging the patient, and the recommendation of the Board to
13the Director that the license holder be allowed to resume his
14or her practice.
15 (3) The Department may refuse to issue or take disciplinary
16action concerning the license of any person who fails to file a
17return, to pay the tax, penalty, or interest shown in a filed
18return, or to pay any final assessment of tax, penalty, or
19interest as required by any tax Act administered by the
20Department of Revenue, until such time as the requirements of
21any such tax Act are satisfied as determined by the Department
22of Revenue.
23 (4) In enforcing this Section, the Department, upon a
24showing of a possible violation, may compel any individual who
25is licensed under this Act or any individual who has applied
26for licensure to submit to a mental or physical examination or

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

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

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

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1disciplinary action against that person based solely upon the
2certification of delinquency made by the Department of
3Healthcare and Family Services in accordance with paragraph (5)
4of subsection (a) of Section 2105-15 of the Department of
5Professional Regulation Law of the Civil Administrative Code of
6Illinois.
7 The changes to this Act made by this amendatory Act of 1997
8apply only to disciplinary actions relating to events occurring
9after the effective date of this amendatory Act of 1997.
10(Source: P.A. 99-469, eff. 8-26-15; 99-876, eff. 1-1-17.)
11 Section 825. The Structural Engineering Practice Act of
121989 is amended by changing Section 20 as follows:
13 (225 ILCS 340/20) (from Ch. 111, par. 6620)
14 (Section scheduled to be repealed on January 1, 2020)
15 Sec. 20. Refusal; revocation; suspension.
16 (a) The Department may refuse to issue or renew, or may
17revoke a license, or may suspend, place on probation, fine, or
18take any disciplinary or non-disciplinary action as the
19Department may deem proper, including a fine not to exceed
20$10,000 for each violation, with regard to any licensee for any
21one or combination of the following reasons:
22 (1) Material misstatement in furnishing information to
23 the Department;
24 (2) Negligence, incompetence or misconduct in the

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1 practice of structural engineering;
2 (3) Making any misrepresentation for the purpose of
3 obtaining licensure;
4 (4) The affixing of a licensed structural engineer's
5 seal to any plans, specifications or drawings which have
6 not been prepared by or under the immediate personal
7 supervision of that licensed structural engineer or
8 reviewed as provided in this Act;
9 (5) Conviction of, or entry of a plea of guilty or nolo
10 contendere to, any crime that is a felony under the laws of
11 the United States or of any state or territory thereof, or
12 that is a misdemeanor an essential element of which is
13 dishonesty, or any crime that is directly related to the
14 practice of the profession;
15 (6) Making a statement of compliance pursuant to the
16 Environmental Barriers Act, as now or hereafter amended,
17 that a plan for construction or alteration of a public
18 facility or for construction of a multi-story housing unit
19 is in compliance with the Environmental Barriers Act when
20 such plan is not in compliance;
21 (7) Failure to comply with any of the provisions of
22 this Act or its rules;
23 (8) Aiding or assisting another person in violating any
24 provision of this Act or its rules;
25 (9) Engaging in dishonorable, unethical or
26 unprofessional conduct of a character likely to deceive,

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1 defraud or harm the public, as defined by rule;
2 (10) Habitual or excessive use or addiction to alcohol,
3 narcotics, stimulants, or any other chemical agent or drug
4 that results in the inability to practice with reasonable
5 judgment, skill, or safety;
6 (11) Failure of an applicant or licensee to pay a fine
7 imposed by the Department or a licensee whose license has
8 been placed on probationary status has violated the terms
9 of probation;
10 (12) Discipline by another state, territory, foreign
11 country, the District of Columbia, the United States
12 government, or any other governmental agency, if at least
13 one of the grounds for discipline is the same or
14 substantially equivalent to those set forth in this
15 Section;
16 (13) Failure to provide information in response to a
17 written request made by the Department within 30 days after
18 the receipt of such written request; or
19 (14) Physical illness, including but not limited to,
20 deterioration through the aging process or loss of motor
21 skill, mental illness, or disability which results in the
22 inability to practice the profession of structural
23 engineering with reasonable judgment, skill, or safety.
24 (a-5) In enforcing this Section, the Department or Board,
25upon a showing of a possible violation, may order a licensee or
26applicant to submit to a mental or physical examination, or

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1both, at the expense of the Department. The Department or Board
2may order the examining physician to present testimony
3concerning his or her examination of the licensee or applicant.
4No information shall be excluded by reason of any common law or
5statutory privilege relating to communications between the
6licensee or applicant and the examining physician. The
7examining physicians shall be specifically designated by the
8Board or Department. The licensee or applicant may have, at his
9or her own expense, another physician of his or her choice
10present during all aspects of the examination. Failure of a
11licensee or applicant to submit to any such examination when
12directed, without reasonable cause as defined by rule, shall be
13grounds for either the immediate suspension of his or her
14license or immediate denial of his or her application.
15 If the Secretary immediately suspends the license of a
16licensee for his or her failure to submit to a mental or
17physical examination when directed, a hearing must be convened
18by the Department within 15 days after the suspension and
19completed without appreciable delay.
20 If the Secretary otherwise suspends a license pursuant to
21the results of the licensee's mental or physical examination, a
22hearing must be convened by the Department within 15 days after
23the suspension and completed without appreciable delay. The
24Department and Board shall have the authority to review the
25licensee's record of treatment and counseling regarding the
26relevant impairment or impairments to the extent permitted by

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1applicable federal statutes and regulations safeguarding the
2confidentiality of medical records.
3 Any licensee suspended under this subsection (a-5) shall be
4afforded an opportunity to demonstrate to the Department or
5Board that he or she can resume practice in compliance with the
6acceptable and prevailing standards under the provisions of his
7or her license.
8 (b) The determination by a circuit court that a licensee is
9subject to involuntary admission or judicial admission, as
10provided in the Mental Health and Developmental Disabilities
11Code, operates as an automatic suspension. Such suspension will
12end only upon a finding by a court that the patient is no
13longer subject to involuntary admission or judicial admission,
14the issuance of an order so finding and discharging the
15patient, and the recommendation of the Board to the Secretary
16that the licensee be allowed to resume practice.
17 (c) (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 subdivision (a)(5) of
22Section 2105-15 of the Department of Professional Regulation
23Law of the Civil Administrative Code of Illinois.
24 (d) In cases where the Department of Healthcare and Family
25Services (formerly the Department of Public Aid) has previously
26determined that a licensee or a potential licensee is more than

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130 days delinquent in the payment of child support and has
2subsequently certified the delinquency to the Department, the
3Department shall refuse to issue or renew or shall revoke or
4suspend that person's license or shall take other disciplinary
5action against that person based solely upon the certification
6of delinquency made by the Department of Healthcare and Family
7Services in accordance with subdivision (a)(5) of Section
82105-15 of the Department of Professional Regulation Law of the
9Civil Administrative Code of Illinois.
10 (e) The Department shall deny a license or renewal
11authorized by this Act to a person who has failed 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
15Department of Revenue, until such time as the requirements of
16the tax Act are satisfied in accordance with subsection (g) of
17Section 2105-15 of the Department of Professional Regulation
18Law of the Civil Administrative Code of Illinois.
19 (f) Persons who assist the Department as consultants or
20expert witnesses in the investigation or prosecution of alleged
21violations of the Act, licensure matters, restoration
22proceedings, or criminal prosecutions, are not liable for
23damages in any civil action or proceeding as a result of such
24assistance, except upon proof of actual malice. The Attorney
25General of the State of Illinois shall defend such persons in
26any such action or proceeding.

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1(Source: P.A. 98-756, eff. 7-16-14.)
2 Section 830. The Auction License Act is amended by changing
3Section 20-20 as follows:
4 (225 ILCS 407/20-20)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 20-20. Termination without hearing for failure to pay
7taxes or , child support, or a student loan. The Department may
8terminate or otherwise discipline any license issued under this
9Act without hearing if the appropriate administering agency
10provides adequate information and proof that the licensee has:
11 (1) failed to file a return, to pay the tax, penalty,
12 or interest shown in a filed return, or to pay any final
13 assessment of tax, penalty, or interest, as required by any
14 tax act administered by the Illinois Department of Revenue
15 until the requirements of the tax act are satisfied;
16 (2) failed to pay any court ordered child support as
17 determined by a court order or by referral from the
18 Department of Healthcare and Family Services (formerly
19 Illinois Department of Public Aid); or
20 (3) (blank). failed to repay any student loan or
21 assistance as determined by the Illinois Student
22 Assistance Commission.
23 If a license is terminated or otherwise disciplined
24pursuant to this Section, the licensee may request a hearing as

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1provided by this Act within 30 days of notice of termination or
2discipline.
3(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)
4 Section 835. The Barber, Cosmetology, Esthetics, Hair
5Braiding, and Nail Technology Act of 1985 is amended by
6changing Section 4-7 as follows:
7 (225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)
8 (Section scheduled to be repealed on January 1, 2026)
9 Sec. 4-7. Refusal, suspension and revocation of licenses;
10causes; disciplinary action.
11 (1) The Department may refuse to issue or renew, and may
12suspend, revoke, place on probation, reprimand or take any
13other disciplinary or non-disciplinary action as the
14Department may deem proper, including civil penalties not to
15exceed $500 for each violation, with regard to any license for
16any one, or any combination, of the following causes:
17 a. For licensees, conviction of any crime under the
18 laws of the United States or any state or territory thereof
19 that is (i) a felony, (ii) a misdemeanor, an essential
20 element of which is dishonesty, or (iii) a crime which is
21 related to the practice of the profession and, for initial
22 applicants, convictions set forth in Section 4-6.1 of this
23 Act.
24 b. Conviction of any of the violations listed in

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1 Section 4-20.
2 c. Material misstatement in furnishing information to
3 the Department.
4 d. Making any misrepresentation for the purpose of
5 obtaining a license or violating any provision of this Act
6 or its rules.
7 e. Aiding or assisting another person in violating any
8 provision of this Act or its rules.
9 f. Failing, within 60 days, to provide information in
10 response to a written request made by the Department.
11 g. Discipline by another state, territory, or country
12 if at least one of the grounds for the discipline is the
13 same as or substantially equivalent to those set forth in
14 this Act.
15 h. Practice in the barber, nail technology, esthetics,
16 hair braiding, or cosmetology profession, or an attempt to
17 practice in those professions, by fraudulent
18 misrepresentation.
19 i. Gross malpractice or gross incompetency.
20 j. Continued practice by a person knowingly having an
21 infectious or contagious disease.
22 k. Solicitation of professional services by using
23 false or misleading advertising.
24 l. A finding by the Department that the licensee, after
25 having his or her license placed on probationary status,
26 has violated the terms of probation.

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1 m. 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 any professional services not actually or personally
5 rendered.
6 n. Violating any of the provisions of this Act or rules
7 adopted pursuant to this Act.
8 o. Willfully making or filing false records or reports
9 relating to a licensee's practice, including but not
10 limited to, false records filed with State agencies or
11 departments.
12 p. Habitual or excessive use or addiction to alcohol,
13 narcotics, stimulants, or any other chemical agent or drug
14 that results in the inability to practice with reasonable
15 judgment, skill or safety.
16 q. Engaging in dishonorable, unethical or
17 unprofessional conduct of a character likely to deceive,
18 defraud, or harm the public as may be defined by rules of
19 the Department, or violating the rules of professional
20 conduct which may be adopted by the Department.
21 r. Permitting any person to use for any unlawful or
22 fraudulent purpose one's diploma or license or certificate
23 of registration as a cosmetologist, nail technician,
24 esthetician, hair braider, or barber or cosmetology, nail
25 technology, esthetics, hair braiding, or barber teacher or
26 salon or shop or cosmetology clinic teacher.

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1 s. Being named as a perpetrator in an indicated report
2 by the Department of Children and Family Services under the
3 Abused and Neglected Child Reporting Act and upon proof by
4 clear and convincing evidence that the licensee has caused
5 a child to be an abused child or neglected child as defined
6 in the Abused and Neglected Child Reporting Act.
7 t. Operating a salon or shop without a valid
8 registration.
9 u. Failure to complete required continuing education
10 hours.
11 (2) In rendering an order, the Secretary shall take into
12consideration the facts and circumstances involving the type of
13acts or omissions in paragraph (1) of this Section including,
14but not limited to:
15 (a) the extent to which public confidence in the
16 cosmetology, nail technology, esthetics, hair braiding, or
17 barbering profession was, might have been, or may be,
18 injured;
19 (b) the degree of trust and dependence among the
20 involved parties;
21 (c) the character and degree of harm which did result
22 or might have resulted;
23 (d) the intent or mental state of the licensee at the
24 time of the acts or omissions.
25 (3) The Department may reissue the license or registration
26upon certification by the Board that the disciplined licensee

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1or registrant has complied with all of the terms and conditions
2set forth in the final order or has been sufficiently
3rehabilitated to warrant the public trust.
4 (4) The Department shall refuse to issue or renew or
5suspend without hearing the license or certificate of
6registration of any person who fails to file a return, or to
7pay the tax, penalty or interest shown in a filed return, or to
8pay any final assessment of tax, penalty or interest, as
9required by any tax Act administered by the Illinois Department
10of Revenue, until such time as the requirements of any such tax
11Act are satisfied as determined by the Department of Revenue.
12 (5) (Blank). The Department shall deny without hearing any
13application for a license or renewal of a license under this
14Act by a person who has defaulted on an educational loan
15guaranteed by the Illinois Student Assistance Commission;
16however, the Department may issue or renew a license if the
17person in default has established a satisfactory repayment
18record as determined by the Illinois Student Assistance
19Commission.
20 (6) All fines imposed under this Section shall be paid
21within 60 days after the effective date of the order imposing
22the fine or in accordance with the terms set forth in the order
23imposing the fine.
24(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
2599-876, eff. 1-1-17.)

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1 Section 840. The Electrologist Licensing Act is amended by
2changing Section 75 as follows:
3 (225 ILCS 412/75)
4 (Section scheduled to be repealed on January 1, 2024)
5 Sec. 75. Grounds for discipline.
6 (a) The Department may refuse to issue or renew and may
7revoke or suspend a license under this Act, and may place on
8probation, reprimand, or take other disciplinary or
9non-disciplinary action with regard to any licensee under this
10Act, as the Department may consider appropriate, including
11imposing fines not to exceed $10,000 for each violation and
12assess costs as provided for under Section 95 of this Act, for
13one or any combination of the following causes:
14 (1) Material misstatement in furnishing information to
15 the Department.
16 (2) Violation of this Act or rules adopted under this
17 Act.
18 (3) Conviction by plea of guilty or nolo contendere,
19 finding of guilt, jury verdict, or entry of judgment or
20 sentencing, including, but not limited to, convictions,
21 preceding sentences of supervision, conditional discharge,
22 or first offender probation, under the laws of any
23 jurisdiction of the United States that is (i) a felony or
24 (ii) a misdemeanor, an essential element of which is
25 dishonesty, or that is directly related to the practice of

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1 electrology.
2 (4) Fraud or misrepresentation in applying for or
3 procuring a license under this Act, or in connection with
4 applying for renewal of a license under this Act.
5 (5) Aiding or assisting another person in violating any
6 provision of this Act or its rules.
7 (6) Failing to provide information within 60 days in
8 response to a written request made by the Department.
9 (7) Engaging in dishonorable, unethical, or
10 unprofessional conduct of a character likely to deceive,
11 defraud, or harm the public.
12 (8) Habitual or excessive use or abuse of drugs defined
13 in law as controlled substances, alcohol, or any other
14 substance that results in an electrologist's inability to
15 practice with reasonable judgment, skill, or safety.
16 (9) Discipline by another governmental agency, unit of
17 government, U.S. jurisdiction, or foreign nation if at
18 least one of the grounds for discipline is the same as or
19 substantially equivalent to any of those set forth in this
20 Act.
21 (10) 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. Nothing in this paragraph (10) affects any bona
26 fide independent contractor or employment arrangements

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1 among health care professionals, health facilities, health
2 care providers, or other entities, except as otherwise
3 prohibited by law. Any employment arrangements with health
4 care providers 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 (10) shall be construed to require an employment
9 arrangement to receive professional fees for services
10 rendered.
11 (11) A finding by the Department that the licensee,
12 after having his or her license placed on probationary
13 status, has violated the terms of probation.
14 (12) Abandonment of a patient.
15 (13) Willfully making or filing false records or
16 reports in the licensee's practice, including, but not
17 limited to, false records filed with State agencies or
18 departments.
19 (14) Mental or physical illness or disability,
20 including, but not limited to, deterioration through the
21 aging process or loss of motor skill that results in the
22 inability to practice the profession with reasonable
23 judgment, skill, or safety.
24 (15) Negligence in his or her practice under this Act.
25 (16) Use of fraud, deception, or any unlawful means in
26 applying for and securing a license as an electrologist.

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

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

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

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

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1Regulation Law of the Civil Administrative Code of Illinois.
2 (f) 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 action against that person based solely upon the
9certification of delinquency made by the Department of
10Healthcare and Family Services in accordance with item (5) of
11subsection (a) of Section 2105-15 of the Department of
12Professional Regulation Law of the Civil Administrative Code of
13Illinois.
14 (g) All fines or costs imposed under this Section shall be
15paid within 60 days after the effective date of the order
16imposing the fine or costs or in accordance with the terms set
17forth in the order imposing the fine.
18(Source: P.A. 98-363, eff. 8-16-13.)
19 Section 845. The Illinois Certified Shorthand Reporters
20Act of 1984 is amended by changing Section 23 as follows:
21 (225 ILCS 415/23) (from Ch. 111, par. 6223)
22 (Section scheduled to be repealed on January 1, 2024)
23 Sec. 23. Grounds for disciplinary action.
24 (a) The Department may refuse to issue or renew, or may

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1revoke, suspend, place on probation, reprimand or take other
2disciplinary or non-disciplinary action as the Department may
3deem appropriate, including imposing fines not to exceed
4$10,000 for each violation and the assessment of costs as
5provided for in Section 23.3 of this Act, with regard to any
6license for any one or combination of the following:
7 (1) Material misstatement in furnishing information to
8 the Department;
9 (2) Violations of this Act, or of the rules promulgated
10 thereunder;
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 under
16 the laws of any jurisdiction of the United States: (i) that
17 is a felony or (ii) that is a misdemeanor, an essential
18 element of which is dishonesty, or that is directly related
19 to the practice of the profession;
20 (4) Fraud or any misrepresentation in applying for or
21 procuring a license under this Act or in connection with
22 applying for renewal of a license under this Act;
23 (5) Professional incompetence;
24 (6) Aiding or assisting another person, firm,
25 partnership or corporation in violating any provision of
26 this Act or rules;

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1 (7) Failing, within 60 days, to provide information in
2 response to a written request made by the Department;
3 (8) Engaging in dishonorable, unethical or
4 unprofessional conduct of a character likely to deceive,
5 defraud or harm the public;
6 (9) Habitual or excessive use or abuse of drugs defined
7 in law as controlled substances, alcohol, or any other
8 substances that results in the inability to practice with
9 reasonable judgment, skill, or safety;
10 (10) Discipline by another state, unit of government,
11 government agency, the District of Columbia, a territory,
12 or foreign nation, if at least one of the grounds for the
13 discipline is the same or substantially equivalent to those
14 set forth herein;
15 (11) Charging for professional services not rendered,
16 including filing false statements for the collection of
17 fees for which services were not rendered, or giving,
18 directly or indirectly, any gift or anything of value to
19 attorneys or their staff or any other persons or entities
20 associated with any litigation, that exceeds $100 total per
21 year; for the purposes of this Section, pro bono services,
22 as defined by State law, are permissible in any amount;
23 (12) A finding by the Board that the certificate
24 holder, after having his certificate placed on
25 probationary status, has violated the terms of probation;
26 (13) Willfully making or filing false records or

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1 reports in the practice of shorthand reporting, including
2 but not limited to false records filed with State agencies
3 or departments;
4 (14) Physical illness, including but not limited to,
5 deterioration through the aging process, or loss of motor
6 skill which results in the inability to practice under this
7 Act with reasonable judgment, skill or safety;
8 (15) Solicitation of professional services other than
9 by permitted advertising;
10 (16) Willful failure to take full and accurate
11 stenographic notes of any proceeding;
12 (17) Willful alteration of any stenographic notes
13 taken at any proceeding;
14 (18) Willful failure to accurately transcribe verbatim
15 any stenographic notes taken at any proceeding;
16 (19) Willful alteration of a transcript of
17 stenographic notes taken at any proceeding;
18 (20) Affixing one's signature to any transcript of his
19 stenographic notes or certifying to its correctness unless
20 the transcript has been prepared by him or under his
21 immediate supervision;
22 (21) Willful failure to systematically retain
23 stenographic notes or transcripts on paper or any
24 electronic media for 10 years from the date that the notes
25 or transcripts were taken;
26 (22) Failure to deliver transcripts in a timely manner

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1 or in accordance with contractual agreements;
2 (23) Establishing contingent fees as a basis of
3 compensation;
4 (24) Mental illness or disability that results in the
5 inability to practice under this Act with reasonable
6 judgment, skill, or safety;
7 (25) Practicing under a false or assumed name, except
8 as provided by law;
9 (26) Cheating on or attempting to subvert the licensing
10 examination administered under this Act;
11 (27) Allowing one's license under this Act to be used
12 by an unlicensed person in violation of this Act.
13 All fines imposed under this Section shall be paid within
1460 days after the effective date of the order imposing the fine
15or in accordance with the terms set forth in the order imposing
16the fine.
17 (b) The determination by a circuit court that a certificate
18holder is subject to involuntary admission or judicial
19admission as provided in the Mental Health and Developmental
20Disabilities Code, operates as an automatic suspension. Such
21suspension will end only upon a finding by a court that the
22patient is no longer subject to involuntary admission or
23judicial admission, an order by the court so finding and
24discharging the patient. In any case where a license is
25suspended under this Section, the licensee may file a petition
26for restoration and shall include evidence acceptable to the

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1Department that the licensee can resume practice in compliance
2with acceptable and prevailing standards of the profession.
3 (c) In cases where the Department of Healthcare and Family
4Services has previously determined a licensee or a potential
5licensee is more than 30 days delinquent in the payment of
6child support and has subsequently certified the delinquency to
7the Department, the Department may refuse to issue or renew or
8may revoke or suspend that person's license or may take other
9disciplinary action against that person based solely upon the
10certification of delinquency made by the Department of
11Healthcare and Family Services in accordance with item (5) of
12subsection (a) of Section 2105-15 of the Civil Administrative
13Code of Illinois.
14 (d) In enforcing this Section, the Department, upon a
15showing of a possible violation, may compel any individual who
16is certified under this Act or any individual who has applied
17for certification under this Act to submit to a mental or
18physical examination and evaluation, or both, which may include
19a substance abuse or sexual offender evaluation, at the expense
20of the Department. The Department shall specifically designate
21the examining physician licensed to practice medicine in all of
22its branches or, if applicable, the multidisciplinary team
23involved in providing the mental or physical examination and
24evaluation, or both. The multidisciplinary team shall be led by
25a physician licensed to practice medicine in all of its
26branches and may consist of one or more or a combination of

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

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

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1federal statutes and regulations safeguarding the
2confidentiality of medical records.
3 Individuals certified under this Act, affected under this
4Section, shall be afforded an opportunity to demonstrate to the
5Department that they can resume practice in compliance with
6acceptable and prevailing standards under the provisions of
7their certification.
8 (e) (Blank). The Department shall deny a license or renewal
9authorized by this Act to a person who has defaulted on an
10educational loan or scholarship provided or guaranteed by the
11Illinois Student Assistance Commission or any governmental
12agency of this State in accordance with item (5) of subsection
13(a) of Section 2105-15 of the Civil Administrative Code of
14Illinois.
15 (f) 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
18return, to pay the tax, penalty, or interest shown in a filed
19return, 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 any such tax Act are satisfied in accordance
23with subsection (g) of Section 2105-15 of the Civil
24Administrative Code of Illinois.
25(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)

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1 Section 850. The Collection Agency Act is amended by
2changing Section 9 as follows:
3 (225 ILCS 425/9) (from Ch. 111, par. 2012)
4 (Section scheduled to be repealed on January 1, 2026)
5 Sec. 9. Disciplinary actions.
6 (a) The Department may refuse to issue or renew, or may
7revoke, suspend, place on probation, reprimand or take other
8disciplinary or non-disciplinary action as the Department may
9deem proper, including fines not to exceed $10,000 per
10violation, for any one or any combination of the following
11causes:
12 (1) Material misstatement in furnishing information to
13 the Department.
14 (2) Violations of this Act or of the rules promulgated
15 hereunder.
16 (3) Conviction by plea of guilty or nolo contendere,
17 finding of guilt, jury verdict, or entry of judgment or by
18 sentencing of any crime, including, but not limited to,
19 convictions, preceding sentences of supervision,
20 conditional discharge, or first offender probation of the
21 collection agency or any of the officers or owners of more
22 than 10% interest of the agency of any crime under the laws
23 of any U.S. jurisdiction that (i) is a felony, (ii) is a
24 misdemeanor, an essential element of which is dishonesty,
25 or (iii) is directly related to the practice of a

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1 collection agency.
2 (4) Fraud or misrepresentation in applying for, or
3 procuring, a license under this Act or in connection with
4 applying for renewal of a license under this Act.
5 (5) Aiding or assisting another person in violating any
6 provision of this Act or rules adopted under this Act.
7 (6) Failing, within 60 days, to provide information in
8 response to a written request made by the Department.
9 (7) Habitual or excessive use or addiction to alcohol,
10 narcotics, stimulants or any other chemical agent or drug
11 which results in the inability to practice with reasonable
12 judgment, skill, or safety by any of the officers or owners
13 of 10% or more interest of a collection agency.
14 (8) Discipline by another state, the District of
15 Columbia, a territory of the United States, or a foreign
16 nation, if at least one of the grounds for the discipline
17 is the same or substantially equivalent to those set forth
18 in this Act.
19 (9) A finding by the Department that the licensee,
20 after having his license placed on probationary status, has
21 violated the terms of probation.
22 (10) 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 (11) Practicing or attempting to practice under a false
26 or, except as provided by law, an assumed name.

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1 (12) A finding by the Federal Trade Commission that a
2 licensee violated the federal Fair Debt Collection
3 Practices Act or its rules.
4 (13) Failure to file a return, or to pay the tax,
5 penalty or interest shown in a filed return, or to pay any
6 final assessment of tax, penalty or interest, as required
7 by any tax Act administered by the Illinois Department of
8 Revenue until such time as the requirements of any such tax
9 Act are satisfied.
10 (14) Using or threatening to use force or violence to
11 cause physical harm to a debtor, his or her family or his
12 or her property.
13 (15) Threatening to instigate an arrest or criminal
14 prosecution where no basis for a criminal complaint
15 lawfully exists.
16 (16) Threatening the seizure, attachment or sale of a
17 debtor's property where such action can only be taken
18 pursuant to court order without disclosing that prior court
19 proceedings are required.
20 (17) Disclosing or threatening to disclose information
21 adversely affecting a debtor's reputation for credit
22 worthiness with knowledge the information is false.
23 (18) Initiating or threatening to initiate
24 communication with a debtor's employer unless there has
25 been a default of the payment of the obligation for at
26 least 30 days and at least 5 days prior written notice, to

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1 the last known address of the debtor, of the intention to
2 communicate with the employer has been given to the
3 employee, except as expressly permitted by law or court
4 order.
5 (19) Communicating with the debtor or any member of
6 the debtor's family at such a time of day or night and with
7 such frequency as to constitute harassment of the debtor or
8 any member of the debtor's family. For purposes of this
9 Section the following conduct shall constitute harassment:
10 (A) Communicating with the debtor or any member of
11 his or her family in connection with the collection of
12 any debt without the prior consent of the debtor given
13 directly to the debt collector, or the express
14 permission of a court of competent jurisdiction, at any
15 unusual time or place or a time or place known or which
16 should be known to be inconvenient to the debtor. In
17 the absence of knowledge of circumstances to the
18 contrary, a debt collector shall assume that the
19 convenient time for communicating with a consumer is
20 after 8 o'clock a.m. and before 9 o'clock p.m. local
21 time at the debtor's location.
22 (B) The threat of publication or publication of a
23 list of consumers who allegedly refuse to pay debts,
24 except to a consumer reporting agency.
25 (C) The threat of advertisement or advertisement
26 for sale of any debt to coerce payment of the debt.

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1 (D) Causing a telephone to ring or engaging any
2 person in telephone conversation repeatedly or
3 continuously with intent to annoy, abuse, or harass any
4 person at the called number.
5 (20) Using profane, obscene or abusive language in
6 communicating with a debtor, his or her family or others.
7 (21) Disclosing or threatening to disclose information
8 relating to a debtor's debt to any other person except
9 where such other person has a legitimate business need for
10 the information or except where such disclosure is
11 permitted by law.
12 (22) Disclosing or threatening to disclose information
13 concerning the existence of a debt which the collection
14 agency knows to be disputed by the debtor without
15 disclosing the fact that the debtor disputes the debt.
16 (23) Engaging in any conduct that is intended to cause
17 and did cause mental or physical illness to the debtor or
18 his or her family.
19 (24) Attempting or threatening to enforce a right or
20 remedy with knowledge or reason to know that the right or
21 remedy does not exist.
22 (25) Failing to disclose to the debtor or his or her
23 family the corporate, partnership or proprietary name, or
24 other trade or business name, under which the collection
25 agency is engaging in debt collections and which he or she
26 is legally authorized to use.

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1 (26) Using any form of communication which simulates
2 legal or judicial process or which gives the appearance of
3 being authorized, issued or approved by a governmental
4 agency or official or by an attorney at law when it is not.
5 (27) Using any badge, uniform, or other indicia of any
6 governmental agency or official except as authorized by
7 law.
8 (28) Conducting business under any name or in any
9 manner which suggests or implies that the collection agency
10 is a branch of or is affiliated in any way with a
11 governmental agency or court if such collection agency is
12 not.
13 (29) Failing to disclose, at the time of making any
14 demand for payment, the name of the person to whom the debt
15 is owed and at the request of the debtor, the address where
16 payment is to be made and the address of the person to whom
17 the debt is owed.
18 (30) Misrepresenting the amount of the debt alleged to
19 be owed.
20 (31) Representing that an existing debt may be
21 increased by the addition of attorney's fees,
22 investigation fees or any other fees or charges when such
23 fees or charges may not legally be added to the existing
24 debt.
25 (32) Representing that the collection agency is an
26 attorney at law or an agent for an attorney if he or she is

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1 not.
2 (33) Collecting or attempting to collect any interest
3 or other charge or fee in excess of the actual debt unless
4 such interest or other charge or fee is expressly
5 authorized by the agreement creating the debt unless
6 expressly authorized by law or unless in a commercial
7 transaction such interest or other charge or fee is
8 expressly authorized in a subsequent agreement. If a
9 contingency or hourly fee arrangement (i) is established
10 under an agreement between a collection agency and a
11 creditor to collect a debt and (ii) is paid by a debtor
12 pursuant to a contract between the debtor and the creditor,
13 then that fee arrangement does not violate this Section
14 unless the fee is unreasonable. The Department shall
15 determine what constitutes a reasonable collection fee.
16 (34) Communicating or threatening to communicate with
17 a debtor when the collection agency is informed in writing
18 by an attorney that the attorney represents the debtor
19 concerning the debt. If the attorney fails to respond
20 within a reasonable period of time, the collector may
21 communicate with the debtor. The collector may communicate
22 with the debtor when the attorney gives his or her consent.
23 (35) Engaging in dishonorable, unethical, or
24 unprofessional conduct of a character likely to deceive,
25 defraud, or harm the public.
26 (b) The Department shall deny any license or renewal

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1authorized by this Act to any person who has defaulted on an
2educational loan guaranteed by the Illinois State Scholarship
3Commission; however, the Department may issue a license or
4renewal if the person in default has established a satisfactory
5repayment record as determined by the Illinois State
6Scholarship Commission. No collection agency while collecting
7or attempting to collect a debt shall engage in any of the Acts
8specified in this Section, each of which shall be unlawful
9practice.
10(Source: P.A. 99-227, eff. 8-3-15.)
11 Section 855. The Community Association Manager Licensing
12and Disciplinary Act is amended by changing Section 85 as
13follows:
14 (225 ILCS 427/85)
15 (Section scheduled to be repealed on January 1, 2020)
16 Sec. 85. Grounds for discipline; refusal, revocation, or
17suspension.
18 (a) The Department may refuse to issue or renew a license,
19or may place on probation, reprimand, suspend, or revoke any
20license, or take any other disciplinary or non-disciplinary
21action as the Department may deem proper and impose a fine not
22to exceed $10,000 for each violation upon any licensee or
23applicant under this Act or any person or entity who holds
24himself, herself, or itself out as an applicant or licensee for

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1any one or combination of the following causes:
2 (1) Material misstatement in furnishing information to
3 the Department.
4 (2) Violations of this Act or its rules.
5 (3) Conviction of or entry of a plea of guilty or plea
6 of nolo contendere to a felony or a misdemeanor under the
7 laws of the United States, any state, or any other
8 jurisdiction or entry of an administrative sanction by a
9 government agency in this State or any other jurisdiction.
10 Action taken under this paragraph (3) for a misdemeanor or
11 an administrative sanction is limited to a misdemeanor or
12 administrative sanction that has as an essential element
13 dishonesty or fraud, that involves larceny, embezzlement,
14 or obtaining money, property, or credit by false pretenses
15 or by means of a confidence game, or that is directly
16 related to the practice of the profession.
17 (4) Making any misrepresentation for the purpose of
18 obtaining a license or violating any provision of this Act
19 or its rules.
20 (5) Professional incompetence.
21 (6) Gross negligence.
22 (7) Aiding or assisting another person in violating any
23 provision of this Act or its rules.
24 (8) Failing, within 30 days, to provide information in
25 response to a request made by the Department.
26 (9) Engaging in dishonorable, unethical, or

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

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

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1 (21) Improper commingling of personal and client funds
2 in violation of this Act or any rules promulgated thereto.
3 (22) Failing to account for or remit any moneys or
4 documents coming into the licensee's possession that
5 belong to another person or entity.
6 (23) Giving differential treatment to a person that is
7 to that person's detriment because of race, color, creed,
8 sex, religion, or national origin.
9 (24) Performing and charging for services without
10 reasonable authorization to do so from the person or entity
11 for whom service is being provided.
12 (25) Failing to make available to the Department, upon
13 request, any books, records, or forms required by this Act.
14 (26) Purporting to be a supervising community
15 association manager of a firm without active participation
16 in the firm.
17 (27) Failing to make available to the Department at the
18 time of the request any indicia of licensure or
19 registration issued under this Act.
20 (28) Failing to maintain and deposit funds belonging to
21 a community association in accordance with subsection (b)
22 of Section 55 of this Act.
23 (29) Violating the terms of a disciplinary order issued
24 by the Department.
25 (b) (Blank). In accordance with subdivision (a)(5) of
26Section 2105-15 of the Department of Professional Regulation

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1Law of the Civil Administrative Code of Illinois (20 ILCS
22105/2105-15), 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.
7 (c) The determination by a circuit court that a licensee is
8subject to involuntary admission or judicial admission, as
9provided in the Mental Health and Developmental Disabilities
10Code, operates as an automatic suspension. The suspension will
11terminate only upon a finding by a court that the patient is no
12longer subject to involuntary admission or judicial admission
13and the issuance of an order so finding and discharging the
14patient, and upon the recommendation of the Board to the
15Secretary that the licensee be allowed to resume his or her
16practice as a licensed community association manager.
17 (d) In accordance with subsection (g) of Section 2105-15 of
18the Department of Professional Regulation Law of the Civil
19Administrative Code of Illinois (20 ILCS 2105/2105-15), the
20Department may refuse to issue or renew or may suspend the
21license of any person who fails to file a return, to pay the
22tax, penalty, or interest shown in a filed return, or to pay
23any final assessment of tax, penalty, or interest, as required
24by any tax Act administered by the Department of Revenue, until
25such time as the requirements of that tax Act are satisfied.
26 (e) In accordance with subdivision (a)(5) of Section

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

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

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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. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
1398-756, eff. 7-16-14.)
14 Section 860. The Detection of Deception Examiners Act is
15amended by changing Section 14 as follows:
16 (225 ILCS 430/14) (from Ch. 111, par. 2415)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 14. (a) The Department may refuse to issue or renew or
19may revoke, suspend, place on probation, reprimand, or take
20other disciplinary or non-disciplinary action as the
21Department may deem appropriate, including imposing fines not
22to exceed $10,000 for each violation, with regard to any
23license for any one or a combination of the following:
24 (1) Material misstatement in furnishing information to

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1 the Department.
2 (2) Violations of this Act, or of the rules adopted
3 under this Act.
4 (3) Conviction by plea of guilty or nolo contendere,
5 finding of guilt, jury verdict, or entry of judgment or by
6 sentencing of any crime, including, but not limited to,
7 convictions, preceding sentences of supervision,
8 conditional discharge, or first offender probation, under
9 the laws of any jurisdiction of the United States: (i) that
10 is a felony or (ii) that is a misdemeanor, an essential
11 element of which is dishonesty, or that is directly related
12 to the practice of the profession.
13 (4) Making any misrepresentation for the purpose of
14 obtaining licensure or violating any provision of this Act
15 or the rules adopted under this Act pertaining to
16 advertising.
17 (5) Professional incompetence.
18 (6) Allowing one's license under this Act to be used by
19 an unlicensed person in violation of this Act.
20 (7) Aiding or assisting another person in violating
21 this Act or any rule adopted under this Act.
22 (8) Where the license holder has been adjudged mentally
23 ill, mentally deficient or subject to involuntary
24 admission as provided in the Mental Health and
25 Developmental Disabilities Code.
26 (9) Failing, within 60 days, to provide information in

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1 response to a written request made by the Department.
2 (10) Engaging in dishonorable, unethical, or
3 unprofessional conduct of a character likely to deceive,
4 defraud, or harm the public.
5 (11) Inability to practice with reasonable judgment,
6 skill, or safety as a result of habitual or excessive use
7 or addiction to alcohol, narcotics, stimulants, or any
8 other chemical agent or drug.
9 (12) Discipline by another state, District of
10 Columbia, territory, or foreign nation, if at least one of
11 the grounds for the discipline is the same or substantially
12 equivalent to those set forth in this Section.
13 (13) A finding by the Department that the licensee,
14 after having his or her license placed on probationary
15 status, has violated the terms of probation.
16 (14) 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 (15) Inability to practice the profession with
20 reasonable judgment, skill, or safety as a result of a
21 physical illness, including, but not limited to,
22 deterioration through the aging process or loss of motor
23 skill, or a mental illness or disability.
24 (16) Charging for professional services not rendered,
25 including filing false statements for the collection of
26 fees for which services are not rendered.

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1 (17) Practicing under a false or, except as provided by
2 law, an assumed name.
3 (18) Fraud or misrepresentation in applying for, or
4 procuring, a license under this Act or in connection with
5 applying for renewal of a license under this Act.
6 (19) Cheating on or attempting to subvert the licensing
7 examination administered under this Act.
8 All fines imposed under this Section shall be paid within
960 days after the effective date of the order imposing the
10fine.
11 (b) The Department may refuse to issue or may suspend
12without hearing, as provided for in the Code of Civil
13Procedure, the license of any person who fails to file a
14return, or pay the tax, penalty, or interest shown in a filed
15return, or pay any final assessment of the tax, penalty, or
16interest as required by any tax Act administered by the
17Illinois Department of Revenue, until such time as the
18requirements of any such tax Act are satisfied in accordance
19with subsection (g) of Section 2105-15 of the Civil
20Administrative Code of Illinois.
21 (c) (Blank). The Department shall deny a license or renewal
22authorized by this Act to a person who has defaulted on an
23educational loan or scholarship provided or guaranteed by the
24Illinois Student Assistance Commission or any governmental
25agency of this State in accordance with item (5) of subsection
26(a) of Section 2105-15 of the Civil Administrative Code of

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1Illinois.
2 (d) 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 action against that person based solely upon the
9certification of delinquency made by the Department of
10Healthcare and Family Services in accordance with item (5) of
11subsection (a) of Section 2105-15 of the Civil Administrative
12Code of Illinois.
13 (e) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission, as
15provided in the Mental Health and Developmental Disabilities
16Code, operates as an automatic suspension. The suspension will
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission
19and the issuance of an order so finding and discharging the
20patient.
21 (f) In enforcing this Act, the Department, upon a showing
22of a possible violation, may compel an individual licensed to
23practice under this Act, or who has applied for licensure under
24this Act, to submit to a mental or physical examination, or
25both, as required by and at the expense of the Department. The
26Department may order the examining physician to present

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

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1terms of the agreement, the Department may file a complaint to
2revoke, suspend, or otherwise discipline the license of the
3individual. The Secretary may order the license suspended
4immediately, pending a hearing by the Department. Fines shall
5not be assessed in disciplinary actions involving physical or
6mental illness or impairment.
7 In instances in which the Secretary immediately suspends a
8person's license under this Section, a hearing on that person's
9license must be convened by the Department within 15 days after
10the suspension and completed without appreciable delay. The
11Department shall have the authority to review the subject
12individual's record of treatment and counseling regarding the
13impairment to the extent permitted by applicable federal
14statutes and regulations safeguarding the confidentiality of
15medical records.
16 An individual licensed under this Act and affected under
17this Section shall be afforded an opportunity to demonstrate to
18the Department that he or she can resume practice in compliance
19with acceptable and prevailing standards under the provisions
20of his or her license.
21(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
2298-756, eff. 7-16-14.)
23 Section 865. The Home Inspector License Act is amended by
24changing Section 15-10 as follows:

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1 (225 ILCS 441/15-10)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 15-10. Grounds for disciplinary action.
4 (a) The Department may refuse to issue or renew, or may
5revoke, suspend, place on probation, reprimand, or t