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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the Career
5		Preservation and Student Loan Repayment Act.
6		Section 5. License; student loan default. Notwithstanding
7		any other provision of law, no governmental agency or board
8		established under a statute of this State may impose or refer a
9		matter to any other governmental agency to impose a denial,
10		refusal to renew, suspension, revocation, or other
11		disciplinary action upon a professional or occupational
12		license issued under the laws of this State for a person's
13		delinquency, default, or other failure to perform on an
14		educational loan or scholarship provided by or guaranteed by
15		the Illinois Student Assistance Commission or any governmental
16		agency of this State.
17		Section 705. The Department of Professional Regulation Law
18		of the Civil Administrative Code of Illinois is amended by
19		changing 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
2		Civil Administrative Code of Illinois, the following powers and
3		duties:
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
19		loan or scholarship provided by or guaranteed by the Illinois
20		Student Assistance Commission or any governmental agency of
21		this State or in cases involving delinquency in complying with
22		a child support order or violation of the Non-Support
23		Punishment Act and notwithstanding anything that may appear in
24		any individual licensing Act or administrative rule, no person
25		or entity whose license, certificate, or authority has been
26		revoked as authorized in any licensing Act administered by the

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1		Department may apply for restoration of that license,
2		certification, or authority until 3 years after the effective
3		date of the revocation.
4		(b) (Blank).
5		(c) For the purpose of securing and preparing evidence, and
6		for the purchase of controlled substances, professional
7		services, and equipment necessary for enforcement activities,
8		recoupment of investigative costs, and other activities
9		directed at suppressing the misuse and abuse of controlled
10		substances, including those activities set forth in Sections
11		504 and 508 of the Illinois Controlled Substances Act, the
12		Director and agents appointed and authorized by the Director
13		may expend sums from the Professional Regulation Evidence Fund
14		that the Director deems necessary from the amounts appropriated
15		for that purpose. Those sums may be advanced to the agent when
16		the Director deems that procedure to be in the public interest.
17		Sums for the purchase of controlled substances, professional
18		services, and equipment necessary for enforcement activities
19		and other activities as set forth in this Section shall be
20		advanced to the agent who is to make the purchase from the
21		Professional Regulation Evidence Fund on vouchers signed by the
22		Director. The Director and those agents are authorized to
23		maintain one or more commercial checking accounts with any
24		State banking corporation or corporations organized under or
25		subject to the Illinois Banking Act for the deposit and
26		withdrawal of moneys to be used for the purposes set forth in

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

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

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

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1		by the Board or body with the authority to issue the license or
2		certificate as to whether his or her criminal record would bar
3		the individual from the licensure or certification sought,
4		should the individual meet all other licensure requirements
5		including, but not limited to, the successful completion of the
6		relevant examinations.
7		(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
8		eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
9		100-262, 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
13		the Division of Professional Regulation and who has been
14		subject to disciplinary action by the Department may file an
15		application with the Department on forms provided by the
16		Department, along with the required fee of $175, to have the
17		records classified as confidential, not for public release, and
18		considered 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
5		confidential shall only be considered by the Department for an
6		offense 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
25		the Director of the Division of Professional Regulation upon
26		submission of an application and the required non-refundable

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1		fee. The Department may establish additional requirements by
2		rule. The Department is not required to report the removal of
3		any disciplinary record to any national database. Nothing in
4		this Section shall prohibit the Department from using a
5		previous discipline for any regulatory purpose or from
6		releasing records of a previous discipline upon request from
7		law enforcement, or other governmental body as permitted by
8		law. Classification of records as confidential shall result in
9		removal of records of discipline from records kept pursuant to
10		Sections 2105-200 and 2105-205 of this Act.
11		(d) Any applicant for licensure or a licensee whose
12		petition for review is granted by the Department pursuant to
13		subsection (a-1) of Section 2105-165 of this Law may file an
14		application with the Department on forms provided by the
15		Department to have records relating to his or her permanent
16		denial or permanent revocation classified as confidential and
17		not for public release and considered expunged for reporting
18		purposes in the same manner and under the same terms as is
19		provided in this Section for the offenses listed in subsection
20		(b) of this Section, except that the requirements of a 7-year
21		waiting 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;
23		revised 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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1		repealing Section 80.
2		Section 715. The School Code is amended by changing Section
3		21B-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
7		district employee regularly required to be licensed, as
8		provided in this Article, in order to teach or supervise in the
9		public schools.
10		(b) The State Superintendent of Education has the exclusive
11		authority, in accordance with this Section and any rules
12		adopted by the State Board of Education, in consultation with
13		the State Educator Preparation and Licensure Board, to initiate
14		the suspension of up to 5 calendar years or revocation of any
15		license issued pursuant to this Article for abuse or neglect of
16		a child, immorality, a condition of health detrimental to the
17		welfare of pupils, incompetency, unprofessional conduct (which
18		includes the failure to disclose on an employment application
19		any previous conviction for a sex offense, as defined in
20		Section 21B-80 of this Code, or any other offense committed in
21		any other state or against the laws of the United States that,
22		if committed in this State, would be punishable as a sex
23		offense, as defined in Section 21B-80 of this Code), the
24		neglect of any professional duty, willful failure to report an

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

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1		consider factors that include without limitation all of the
2		following:
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.
26		When initiating an action against one or more licenses, the

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

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

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

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

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

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

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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

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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,
22		or revoke a license or to deny an application for a license,
23		the Director shall notify the applicant or licensee and advise,
24		in writing, the applicant or licensee of the reason for the
25		suspension, revocation, denial or nonrenewal of the
26		applicant's or licensee's license. The applicant or licensee

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

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1		license, the licensee or other person having possession or
2		custody of the license shall promptly deliver it to the
3		Director in person or by mail. The Director shall publish all
4		suspensions, denials, or revocations after the suspensions,
5		denials, or revocations become final in a manner designed to
6		notify interested insurance companies and other persons.
7		(g) A person whose license is revoked or whose application
8		is denied pursuant to this Section is ineligible to apply for
9		any license for 3 years after the revocation or denial. A
10		person whose license as an insurance producer has been revoked,
11		suspended, or denied may not be employed, contracted, or
12		engaged in any insurance related capacity during the time the
13		revocation, 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
16		amended 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
21		revoke, suspend, place on probation, reprimand, or take other
22		disciplinary action as the Department may deem proper,
23		including fines not to exceed $10,000 for each violation, with
24		regard to any licensee for any one or combination of the

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1		following:
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

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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
2		60 days after the effective date of the order imposing the fine
3		or in accordance with the terms set forth in the order imposing
4		the fine.
5		(2) The determination by a circuit court that a licensee is
6		subject to involuntary admission or judicial admission as
7		provided in the Mental Health and Developmental Disabilities
8		Code operates as an automatic suspension. Such suspension will
9		end only upon a finding by a court that the licensee is no
10		longer subject to involuntary admission or judicial admission
11		and issuance of an order so finding and discharging the
12		licensee.
13		(3) The Department may refuse to issue or may suspend
14		without hearing, as provided for in the Code of Civil
15		Procedure, the license of any person who fails to file a
16		return, to pay the tax, penalty, or interest shown in a filed
17		return, or to pay any final assessment of tax, penalty, or
18		interest as required by any tax Act administered by the
19		Illinois Department of Revenue, until such time as the
20		requirements of any such tax Act are satisfied in accordance
21		with subsection (a) of Section 2105-15 of the Department of
22		Professional Regulation Law of the Civil Administrative Code of
23		Illinois.
24		(4) In enforcing this Section, the Department, upon a
25		showing of a possible violation, may compel any individual who
26		is licensed under this Act or any individual who has applied

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

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

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

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1		the Department, the Department may refuse to issue or renew or
2		may revoke or suspend that person's license or may take other
3		disciplinary action against that person based solely upon the
4		certification of delinquency made by the Department of
5		Healthcare and Family Services in accordance with paragraph (5)
6		of subsection (a) of Section 2105-15 of the Department of
7		Professional Regulation Law of the Civil Administrative Code of
8		Illinois.
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
11		amended 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
16		revoke, suspend, place on probation, reprimand, or take other
17		disciplinary or non-disciplinary action as the Department may
18		deem appropriate, including imposing fines not to exceed
19		$10,000 for each violation, with regard to any license or
20		certificate 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.

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1		(c) Conviction by plea of guilty or nolo contendere,
2		finding of guilt, jury verdict, or entry of judgment or by
3		sentencing of any crime, including, but not limited to,
4		convictions, preceding sentences of supervision,
5		conditional discharge, or first offender probation, under
6		the laws of any jurisdiction of the United States (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

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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 Enrolled - 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
23		without hearing, as provided for in the Code of Civil
24		Procedure, the license of any person who fails to file a
25		return, or pay the tax, penalty, or interest shown in a filed
26		return, or pay any final assessment of the tax, penalty, or

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

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

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

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1		An individual licensed under this Act and affected under
2		this Section shall be afforded an opportunity to demonstrate to
3		the Department that he or she can resume practice in compliance
4		with acceptable and prevailing standards under the provisions
5		of his or her license.
6		(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;
7		98-756, eff. 7-16-14.)
8		Section 735. The Environmental Health Practitioner
9		Licensing 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
14		revoke, suspend, place on probation, reprimand, or take other
15		disciplinary action with regard to any license issued under
16		this Act as the Department may consider proper, including the
17		imposition of fines not to exceed $5,000 for each violation,
18		for 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

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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

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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.

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

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

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1		In instances in which the Director immediately suspends a
2		person's license under this Section, a hearing on that person's
3		license must be convened by the Department within 15 days after
4		the suspension and completed without appreciable delay. The
5		Department shall have the authority to review the subject
6		person's record of treatment and counseling regarding the
7		impairment, to the extent permitted by applicable federal
8		statutes and regulations safeguarding the confidentiality of
9		medical records.
10		A person licensed under this Act and affected under this
11		Section shall be afforded an opportunity to demonstrate to the
12		Department that he or she can resume practice in compliance
13		with acceptable and prevailing standards under the provisions
14		of his or her license.
15		(Source: P.A. 92-837, eff. 8-22-02.)
16		Section 740. The Funeral Directors and Embalmers Licensing
17		Code 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
22		the first offense, and a Class 4 felony for each subsequent
23		offense. These penalties shall also apply to unlicensed owners
24		of 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,
22		suspend, place on probation or administrative supervision,
23		reprimand, or take other disciplinary or non-disciplinary
24		action as the Department may deem appropriate, including
25		imposing fines not to exceed $10,000 for each violation, with
26		regard to any license under the Code for any one or combination

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1		of 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

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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 Enrolled - 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

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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
15		suspend without a hearing, as provided for in the Department of
16		Professional Regulation Law of the Civil Administrative Code of
17		Illinois, the license of any person who fails to file a return,
18		to pay the tax, penalty or interest shown in a filed return, or
19		to pay any final assessment of tax, penalty or interest as
20		required by any tax Act administered by the Illinois Department
21		of Revenue, until the time as the requirements of the tax Act
22		are satisfied in accordance with subsection (g) of Section
23		2105-15 of the Department of Professional Regulation Law of the
24		Civil Administrative Code of Illinois.
25		(d) No action may be taken under this Code against a person
26		licensed under this Code unless the action is commenced within

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1		5 years after the occurrence of the alleged violations. A
2		continuing violation shall be deemed to have occurred on the
3		date when the circumstances last existed that give rise to the
4		alleged violation.
5		(e) Nothing in this Section shall be construed or enforced
6		to give a funeral director and embalmer, or his or her
7		designees, authority over the operation of a cemetery or over
8		cemetery employees. Nothing in this Section shall be construed
9		or enforced to impose duties or penalties on cemeteries with
10		respect to the timing of the placement of human remains in
11		their designated grave or the sealing of the above ground
12		depository, crypt, or urn due to patron safety, the allocation
13		of cemetery staffing, liability insurance, a collective
14		bargaining agreement, or other such reasons.
15		(f) All fines imposed under this Section shall be paid 60
16		days after the effective date of the order imposing the fine.
17		(g) (Blank). The Department shall deny a license or renewal
18		authorized by this Code to a person who has defaulted on an
19		educational loan or scholarship provided or guaranteed by the
20		Illinois Student Assistance Commission or any governmental
21		agency of this State in accordance with item (5) of subsection
22		(a) of Section 2105-15 of the Department of Professional
23		Regulation Law of the Civil Administrative Code of Illinois.
24		(h) In cases where the Department of Healthcare and Family
25		Services has previously determined a licensee or a potential
26		licensee is more than 30 days delinquent in the payment of

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

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

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

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1		this Section shall be afforded an opportunity to demonstrate to
2		the Department that he or she can resume practice in compliance
3		with acceptable and prevailing standards under the provisions
4		of his or her license.
5		(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17.)
6		Section 745. The Marriage and Family Therapy Licensing Act
7		is 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,
12		or may revoke, suspend, reprimand, place on probation, or take
13		any other disciplinary or non-disciplinary action as the
14		Department may deem proper, including the imposition of fines
15		not to exceed $10,000 for each violation, with regard to any
16		license issued under the provisions of this Act for any one or
17		combination 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
15		a license or renewal, without hearing, under this Act to any
16		person who has defaulted on an educational loan guaranteed by
17		the Illinois Student Assistance Commission; however, the
18		Department may issue a license or renewal if the person in
19		default has established a satisfactory repayment record as
20		determined by the Illinois Student Assistance Commission.
21		(c) The determination by a circuit court that a licensee is
22		subject to involuntary admission or judicial admission, as
23		provided in the Mental Health and Developmental Disabilities
24		Code, operates as an automatic suspension. The suspension will
25		terminate only upon a finding by a court that the patient is no
26		longer subject to involuntary admission or judicial admission

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

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

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

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1		Secretary for a determination as to whether the individual
2		shall have his or her license suspended immediately, pending a
3		hearing by the Department.
4		In instances in which the Secretary immediately suspends a
5		person's license under this Section, a hearing on that person's
6		license must be convened by the Department within 30 days after
7		the suspension and completed without appreciable delay. The
8		Department and Board shall have the authority to review the
9		subject individual's record of treatment and counseling
10		regarding the impairment to the extent permitted by applicable
11		federal statutes and regulations safeguarding the
12		confidentiality of medical records.
13		An individual licensed under this Act and affected under
14		this Section shall be afforded an opportunity to demonstrate to
15		the Department or Board that he or she can resume practice in
16		compliance with acceptable and prevailing standards under the
17		provisions of his or her license.
18		(f) A fine shall be paid within 60 days after the effective
19		date of the order imposing the fine or in accordance with the
20		terms 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
23		changing 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
4		revoke, suspend, place on probation, reprimand, or take other
5		disciplinary or non-disciplinary action, as the Department
6		considers appropriate, including the imposition of fines not to
7		exceed $10,000 for each violation, with regard to any license
8		or 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
2		date of the order imposing the fine.
3		(b) A person not licensed under this Act and engaged in the
4		business of offering massage therapy services through others,
5		shall not aid, abet, assist, procure, advise, employ, or
6		contract with any unlicensed person to practice massage therapy
7		contrary to any rules or provisions of this Act. A person
8		violating this subsection (b) shall be treated as a licensee
9		for the purposes of disciplinary action under this Section and
10		shall be subject to cease and desist orders as provided in
11		Section 90 of this Act.
12		(c) The Department shall revoke any license issued under
13		this Act of any person who is convicted of prostitution, rape,
14		sexual misconduct, or any crime that subjects the licensee to
15		compliance with the requirements of the Sex Offender
16		Registration Act and any such conviction shall operate as a
17		permanent bar in the State of Illinois to practice as a massage
18		therapist.
19		(d) The Department may refuse to issue or may suspend the
20		license of any person who fails to file a tax return, to pay
21		the tax, penalty, or interest shown in a filed tax return, or
22		to pay any final assessment of tax, penalty, or interest, as
23		required by any tax Act administered by the Illinois Department
24		of Revenue, until such time as the requirements of the tax Act
25		are satisfied in accordance with subsection (g) of Section
26		2105-15 of the Civil Administrative Code of Illinois.

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

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

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1		designated by the Department as a condition, term, or
2		restriction for continued, reinstated, or renewed licensure to
3		practice. Submission to care, counseling, or treatment as
4		required by the Department shall not be considered discipline
5		of a license. If the licensee refuses to enter into a care,
6		counseling, or treatment agreement or fails to abide by the
7		terms of the agreement, the Department may file a complaint to
8		revoke, suspend, or otherwise discipline the license of the
9		individual. The Secretary may order the license suspended
10		immediately, pending a hearing by the Department. Fines shall
11		not be assessed in disciplinary actions involving physical or
12		mental illness or impairment.
13		In instances in which the Secretary immediately suspends a
14		person's license under this Section, a hearing on that person's
15		license must be convened by the Department within 15 days after
16		the suspension and completed without appreciable delay. The
17		Department and Board shall have the authority to review the
18		subject individual's record of treatment and counseling
19		regarding the impairment to the extent permitted by applicable
20		federal statutes and regulations safeguarding the
21		confidentiality of medical records.
22		An individual licensed under this Act and affected under
23		this Section shall be afforded an opportunity to demonstrate to
24		the Department or Board that he or she can resume practice in
25		compliance with acceptable and prevailing standards under the
26		provisions 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
3		changing 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,
7		revocation, suspension.
8		(a) The Department may refuse to issue or to renew, or may
9		revoke, suspend, place on probation, reprimand or take other
10		disciplinary or non-disciplinary action as the Department may
11		deem appropriate, including imposing fines not to exceed
12		$10,000 for each violation, with regard to any licensee or
13		license 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

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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

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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
25		60 days after the effective date of the order imposing the
26		fine.

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

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

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

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

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1		immediately, pending a hearing by the Department. Fines shall
2		not be assessed in disciplinary actions involving physical or
3		mental illness or impairment.
4		In instances in which the Secretary immediately suspends a
5		person's license under this Section, a hearing on that person's
6		license must be convened by the Department within 15 days after
7		the suspension and completed without appreciable delay. The
8		Department shall have the authority to review the subject
9		individual's record of treatment and counseling regarding the
10		impairment to the extent permitted by applicable federal
11		statutes and regulations safeguarding the confidentiality of
12		medical records.
13		An individual licensed under this Act and affected under
14		this Section shall be afforded an opportunity to demonstrate to
15		the Department that he or she can resume practice in compliance
16		with acceptable and prevailing standards under the provisions
17		of his or her license.
18		(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;
19		98-463, eff. 8-16-13.)
20		Section 760. The Illinois Occupational Therapy Practice
21		Act 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
2		revoke, suspend, place on probation, reprimand or take other
3		disciplinary or non-disciplinary action as the Department may
4		deem proper, including imposing fines not to exceed $10,000 for
5		each violation and the assessment of costs as provided under
6		Section 19.3 of this Act, with regard to any license for any
7		one 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

SB2439 Enrolled - 92 - LRB100 18051 XWW 33240 b
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
25		60 days after the effective date of the order imposing the fine
26		or in accordance with the terms set forth in the order imposing

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1		the fine.
2		(b) The determination by a circuit court that a license
3		holder is subject to involuntary admission or judicial
4		admission as provided in the Mental Health and Developmental
5		Disabilities Code, as now or hereafter amended, operates as an
6		automatic suspension. Such suspension will end only upon a
7		finding by a court that the patient is no longer subject to
8		involuntary admission or judicial admission and an order by the
9		court so finding and discharging the patient. In any case where
10		a license is suspended under this provision, the licensee shall
11		file a petition for restoration and shall include evidence
12		acceptable to the Department that the licensee can resume
13		practice in compliance with acceptable and prevailing
14		standards of their profession.
15		(c) The Department may refuse to issue or may suspend
16		without hearing, as provided for in the Code of Civil
17		Procedure, the license of any person who fails to file a
18		return, to pay the tax, penalty, or interest shown in a filed
19		return, or to pay any final assessment of tax, penalty, or
20		interest as required by any tax Act administered by the
21		Illinois Department of Revenue, until such time as the
22		requirements of any such tax Act are satisfied in accordance
23		with subsection (a) of Section 2105-15 of the Department of
24		Professional Regulation Law of the Civil Administrative Code of
25		Illinois.
26		(d) In enforcing this Section, the Department, upon a

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

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

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

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1		licensee is more than 30 days delinquent in the payment of
2		child support and has subsequently certified the delinquency to
3		the Department, the Department may refuse to issue or renew or
4		may revoke or suspend that person's license or may take other
5		disciplinary action against that person based solely upon the
6		certification of delinquency made by the Department of
7		Healthcare and Family Services in accordance with paragraph (5)
8		of subsection (a) of Section 2105-15 of the Department of
9		Professional Regulation Law of the Civil Administrative Code of
10		Illinois.
11		(Source: P.A. 100-513, eff. 1-1-18.)
12		Section 765. The Orthotics, Prosthetics, and Pedorthics
13		Practice 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,
18		or may revoke or suspend a license, or may suspend, place on
19		probation, or reprimand a licensee or take other disciplinary
20		or non-disciplinary action as the Department may deem proper,
21		including, but not limited to, the imposition of fines not to
22		exceed $10,000 for each violation for one or any combination of
23		the 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.

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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

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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
13		a showing of a possible violation, may compel a licensee or
14		applicant to submit to a mental or physical examination, or
15		both, as required by and at the expense of the Department. The
16		Department or Board may order the examining physician to
17		present testimony concerning the mental or physical
18		examination of the licensee or applicant. No information shall
19		be excluded by reason of any common law or statutory privilege
20		relating to communications between the licensee or applicant
21		and the examining physician. The examining physicians shall be
22		specifically designated by the Board or Department. The
23		individual to be examined may have, at his or her own expense,
24		another physician of his or her choice present during all
25		aspects of this examination. Failure of an individual to submit
26		to a mental or physical examination, when directed, shall be

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

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

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1		Section 2105-15 of the Department of Professional Regulation
2		Law of the Civil Administrative Code of Illinois (20 ILCS
3		2105/2105-15).
4		(Source: P.A. 98-756, eff. 7-16-14.)
5		Section 770. The Professional Counselor and Clinical
6		Professional Counselor Licensing and Practice Act is amended by
7		changing 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
12		revoke, suspend, place on probation, reprimand, or take other
13		disciplinary or non-disciplinary action as the Department
14		deems appropriate, including the issuance of fines not to
15		exceed $10,000 for each violation, with regard to any license
16		for 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,

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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

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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
10		60 days after the effective date of the order imposing the
11		fine.
12		(b) (Blank). The Department shall deny, without hearing,
13		any application or renewal for a license under this Act to any
14		person who has defaulted on an educational loan guaranteed by
15		the Illinois Student Assistance Commission or any governmental
16		agency of this State in accordance with item (5) of subsection
17		(a) of Section 2105-15 of the Department of Professional
18		Regulation Law of the Civil Administrative Code of Illinois.
19		(b-5) The Department may refuse to issue or may suspend
20		without hearing, as provided for in the Code of Civil
21		Procedure, the license of any person who fails to file a
22		return, pay the tax, penalty, or interest shown in a filed
23		return, or pay any final assessment of the tax, penalty, or
24		interest as required by any tax Act administered by the
25		Illinois Department of Revenue, until such time as the
26		requirements of any such tax Act are satisfied in accordance

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

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

SB2439 Enrolled - 111 - LRB100 18051 XWW 33240 b
1		restriction for continued, reinstated, or renewed licensure to
2		practice. Submission to care, counseling, or treatment as
3		required by the Department shall not be considered discipline
4		of a license. If the licensee refuses to enter into a care,
5		counseling, or treatment agreement or fails to abide by the
6		terms of the agreement, the Department may file a complaint to
7		revoke, suspend, or otherwise discipline the license of the
8		individual. The Secretary may order the license suspended
9		immediately, pending a hearing by the Department. Fines shall
10		not be assessed in disciplinary actions involving physical or
11		mental illness or impairment.
12		In instances in which the Secretary immediately suspends a
13		person's license under this Section, a hearing on that person's
14		license must be convened by the Department within 15 days after
15		the suspension and completed without appreciable delay. The
16		Department shall have the authority to review the subject
17		individual's record of treatment and counseling regarding the
18		impairment to the extent permitted by applicable federal
19		statutes and regulations safeguarding the confidentiality of
20		medical records.
21		An individual licensed under this Act and affected under
22		this Section shall be afforded an opportunity to demonstrate to
23		the Department that he or she can resume practice in compliance
24		with acceptable and prevailing standards under the provisions
25		of his or her license.
26		(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
3		Provider 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
7		revoke, suspend, place on probation, reprimand, or take other
8		disciplinary or nondisciplinary action, as the Department
9		considers appropriate, including the imposition of fines not to
10		exceed $10,000 for each violation, with regard to any license
11		or 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
7		date of the order imposing the fine.
8		(b) The Department may refuse to issue or may suspend the
9		license of any person who fails to file a tax return, to pay
10		the tax, penalty, or interest shown in a filed tax return, or
11		to pay any final assessment of tax, penalty, or interest, as
12		required by any tax Act administered by the Illinois Department
13		of Revenue, until such time as the requirements of the tax Act
14		are satisfied in accordance with subsection (g) of Section
15		2105-15 of the Civil Administrative Code of Illinois.
16		(c) (Blank). The Department shall deny a license or renewal
17		authorized by this Act to a person who has defaulted on an
18		educational loan or scholarship provided or guaranteed by the
19		Illinois Student Assistance Commission or any governmental
20		agency of this State in accordance with item (5) of subsection
21		(a) of Section 2105-15 of the Civil Administrative Code of
22		Illinois.
23		(d) In cases where the Department of Healthcare and Family
24		Services has previously determined that a licensee or a
25		potential licensee is more than 30 days delinquent in the
26		payment of child support and has subsequently certified the

SB2439 Enrolled - 116 - LRB100 18051 XWW 33240 b
1		delinquency to the Department, the Department may refuse to
2		issue or renew or may revoke or suspend that person's license
3		or may take other disciplinary action against that person based
4		solely upon the certification of delinquency made by the
5		Department of Healthcare and Family Services in accordance with
6		item (5) of subsection (a) of Section 2105-15 of the Civil
7		Administrative Code of Illinois.
8		(e) The determination by a circuit court that a licensee is
9		subject to involuntary admission or judicial admission, as
10		provided in the Mental Health and Developmental Disabilities
11		Code, operates as an automatic suspension. The suspension will
12		end only upon a finding by a court that the patient is no
13		longer subject to involuntary admission or judicial admission
14		and the issuance of a court order so finding and discharging
15		the patient.
16		(f) In enforcing this Act, the Department or Board, upon a
17		showing of a possible violation, may compel an individual
18		licensed to practice under this Act, or who has applied for
19		licensure under this Act, to submit to a mental or physical
20		examination, or both, as required by and at the expense of the
21		Department. The Department or Board may order the examining
22		physician to present testimony concerning the mental or
23		physical examination of the licensee or applicant. No
24		information shall be excluded by reason of any common law or
25		statutory privilege relating to communications between the
26		licensee or applicant and the examining physician. The

SB2439 Enrolled - 117 - LRB100 18051 XWW 33240 b
1		examining physician shall be specifically designated by the
2		Board or Department. The individual to be examined may have, at
3		his or her own expense, another physician of his or her choice
4		present during all aspects of this examination. The examination
5		shall be performed by a physician licensed to practice medicine
6		in all its branches. Failure of an individual to submit to a
7		mental or physical examination, when directed, shall result in
8		an automatic suspension without hearing.
9		A person holding a license under this Act or who has
10		applied for a license under this Act who, because of a physical
11		or mental illness or disability, including, but not limited to,
12		deterioration through the aging process or loss of motor skill,
13		is unable to practice the profession with reasonable judgment,
14		skill, or safety, may be required by the Department to submit
15		to care, counseling, or treatment by physicians approved or
16		designated by the Department as a condition, term, or
17		restriction for continued, reinstated, or renewed licensure to
18		practice. Submission to care, counseling, or treatment as
19		required by the Department shall not be considered discipline
20		of a license. If the licensee refuses to enter into a care,
21		counseling, or treatment agreement or fails to abide by the
22		terms of the agreement, the Department may file a complaint to
23		revoke, suspend, or otherwise discipline the license of the
24		individual. The Secretary may order the license suspended
25		immediately, pending a hearing by the Department. Fines shall
26		not be assessed in disciplinary actions involving physical or

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1		mental illness or impairment.
2		In instances in which the Secretary immediately suspends a
3		person's license under this Section, a hearing on that person's
4		license must be convened by the Department within 15 days after
5		the suspension and completed without appreciable delay. The
6		Department and Board shall have the authority to review the
7		subject individual's record of treatment and counseling
8		regarding the impairment to the extent permitted by applicable
9		federal statutes and regulations safeguarding the
10		confidentiality of medical records.
11		An individual licensed under this Act and subject to action
12		under this Section shall be afforded an opportunity to
13		demonstrate to the Department or Board that he or she can
14		resume practice in compliance with acceptable and prevailing
15		standards 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
18		Audiology Practice Act is amended by changing Section 16 as
19		follows:
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
24		revoke, suspend, place on probation, censure, reprimand or take

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1		other disciplinary or non-disciplinary action as the
2		Department may deem proper, including fines not to exceed
3		$10,000 for each violation, with regard to any license for any
4		one 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
2		authorized by this Act to any person who has defaulted on an
3		educational loan guaranteed by the Illinois State Scholarship
4		Commission; however, the Department may issue a license or
5		renewal if the aforementioned persons have established a
6		satisfactory repayment record as determined by the Illinois
7		State Scholarship Commission.
8		(3) The entry of an order by a circuit court establishing
9		that any person holding a license under this Act is subject to
10		involuntary admission or judicial admission as provided for in
11		the Mental Health and Developmental Disabilities Code,
12		operates as an automatic suspension of that license. That
13		person may have his or her license restored only upon the
14		determination by a circuit court that the patient is no longer
15		subject to involuntary admission or judicial admission and the
16		issuance of an order so finding and discharging the patient,
17		and upon the Board's recommendation to the Department that the
18		license be restored. Where the circumstances so indicate, the
19		Board may recommend to the Department that it require an
20		examination prior to restoring any license automatically
21		suspended under this subsection.
22		(4) The Department may refuse to issue or may suspend the
23		license of any person who fails to file a return, or to pay the
24		tax, penalty, or interest shown in a filed return, or to pay
25		any final assessment of the tax penalty or interest, as
26		required by any tax Act administered by the Department of

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

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1		individual whose license was granted, continued, restored,
2		renewed, disciplined or supervised subject to such terms,
3		conditions, or restrictions, and who fails to comply with such
4		terms, conditions, or restrictions, shall be referred to the
5		Secretary for a determination as to whether the individual
6		shall have his or her license suspended immediately, pending a
7		hearing by the Board.
8		In instances in which the Secretary immediately suspends a
9		person's license under this Section, a hearing on that person's
10		license must be convened by the Board within 15 days after the
11		suspension and completed without appreciable delay. The Board
12		shall have the authority to review the subject individual's
13		record of treatment and counseling regarding the impairment to
14		the extent permitted by applicable federal statutes and
15		regulations safeguarding the confidentiality of medical
16		records.
17		An individual licensed under this Act and affected under
18		this Section shall be afforded an opportunity to demonstrate to
19		the Board that he or she can resume practice in compliance with
20		acceptable and prevailing standards under the provisions of his
21		or her license.
22		(Source: P.A. 100-530, eff. 1-1-18.)
23		Section 785. The Veterinary Medicine and Surgery Practice
24		Act 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
5		revoke, suspend, place on probation, reprimand, or take other
6		disciplinary or non-disciplinary action as the Department may
7		deem appropriate, including imposing fines not to exceed
8		$10,000 for each violation and the assessment of costs as
9		provided for in Section 25.3 of this Act, with regard to any
10		license or certificate for any one or combination of the
11		following:
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
10		60 days after the effective date of the order imposing the fine
11		or in accordance with the terms set forth in the order imposing
12		the fine.
13		2. The determination by a circuit court that a licensee or
14		certificate holder is subject to involuntary admission or
15		judicial admission as provided in the Mental Health and
16		Developmental Disabilities Code operates as an automatic
17		suspension. The suspension will end only upon a finding by a
18		court that the patient is no longer subject to involuntary
19		admission or judicial admission and issues an order so finding
20		and discharging the patient. In any case where a license is
21		suspended under this provision, the licensee shall file a
22		petition for restoration and shall include evidence acceptable
23		to the Department that the licensee can resume practice in
24		compliance with acceptable and prevailing standards of his or
25		her profession.
26		3. All proceedings to suspend, revoke, place on

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

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

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

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

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1		educational loan or scholarship provided or guaranteed by the
2		Illinois Student Assistance Commission or any governmental
3		agency of this State in accordance with paragraph (5) of
4		subsection (a) of Section 2105-15 of the Civil Administrative
5		Code of Illinois.
6		7. In cases where the Department of Healthcare and Family
7		Services has previously determined a licensee or a potential
8		licensee is more than 30 days delinquent in the payment of
9		child support and has subsequently certified the delinquency to
10		the Department, the Department may refuse to issue or renew or
11		may revoke or suspend that person's license or may take other
12		disciplinary action against that person based solely upon the
13		certification of delinquency made by the Department of
14		Healthcare and Family Services in accordance with paragraph (5)
15		of subsection (a) of Section 2105-15 of the Civil
16		Administrative 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
19		Registered Surgical Technologist Title Protection Act is
20		amended 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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1		registration, may revoke or suspend a registration, or may
2		place on probation, reprimand, or take other disciplinary or
3		non-disciplinary action with regard to a person registered
4		under this Act, including but not limited to the imposition of
5		fines not to exceed $10,000 for each violation and the
6		assessment of costs as provided for in Section 90, for any one
7		or 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
15		without hearing the registration of a person who fails to file
16		a return, to pay the tax, penalty, or interest shown in a filed
17		return, or to pay a final assessment of the tax, penalty, or
18		interest as required by a tax Act administered by the
19		Department of Revenue, until the requirements of the tax Act
20		are satisfied in accordance with subsection (g) of Section
21		2105-15 of the Department of Regulation Law of the Civil
22		Administrative Code of Illinois.
23		(c) The determination by a circuit court that a registrant
24		is subject to involuntary admission or judicial admission as
25		provided in the Mental Health and Developmental Disabilities
26		Code operates as an automatic suspension. The suspension will

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

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

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

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1		physicians approved or designated by the Department as a
2		condition for continued, reinstated, or renewed registration.
3		When the Secretary immediately suspends a registration
4		under this Section, a hearing upon such person's registration
5		must be convened by the Department within 15 days after such
6		suspension and completed without appreciable delay. The
7		Department shall have the authority to review the registrant's
8		record of treatment and counseling regarding the impairment to
9		the extent permitted by applicable federal statutes and
10		regulations safeguarding the confidentiality of medical
11		records.
12		Individuals registered under this Act and affected under
13		this Section shall be afforded an opportunity to demonstrate to
14		the Department that they can resume practice in compliance with
15		acceptable and prevailing standards under the provisions of
16		their registration.
17		(g) All fines imposed under this Section shall be paid
18		within 60 days after the effective date of the order imposing
19		the fine or in accordance with the terms set forth in the order
20		imposing the fine.
21		(Source: P.A. 98-364, eff. 12-31-13.)
22		Section 795. The Genetic Counselor Licensing Act is amended
23		by 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
4		revoke, suspend, place on probation, reprimand, or take other
5		disciplinary or non-disciplinary action as the Department
6		deems appropriate, including the issuance of fines not to
7		exceed $10,000 for each violation, with regard to any license
8		for 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

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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,
15		any application or renewal for a license under this Act to any
16		person who has defaulted on an educational loan guaranteed by
17		the Illinois Student Assistance Commission; however, the
18		Department may issue a license or renewal if the person in
19		default has established a satisfactory repayment record as
20		determined by the Illinois Student Assistance Commission.
21		(c) The determination by a court that a licensee is subject
22		to involuntary admission or judicial admission as provided in
23		the Mental Health and Developmental Disabilities Code will
24		result in an automatic suspension of his or her license. The
25		suspension will end upon a finding by a court that the licensee
26		is no longer subject to involuntary admission or judicial

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

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1		imposing the fine or costs or in accordance with the terms set
2		forth in the order imposing the fine.
3		(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;
4		100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)
5		Section 800. The Illinois Architecture Practice Act of 1989
6		is 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;
10		causes.
11		(a) The Department may, singularly or in combination,
12		refuse to issue, renew or restore, or may suspend, revoke,
13		place on probation, or take other disciplinary or
14		non-disciplinary action as deemed appropriate, including, but
15		not limited to, the imposition of fines not to exceed $10,000
16		for each violation, as the Department may deem proper, with
17		regard to a license for any one or combination of the following
18		causes:
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,
2		upon a showing of a possible violation, may order a licensee or
3		applicant to submit to a mental or physical examination, or
4		both, at the expense of the Department. The Department or Board
5		may order the examining physician to present testimony
6		concerning his or her examination of the licensee or applicant.
7		No information shall be excluded by reason of any common law or
8		statutory privilege relating to communications between the
9		licensee or applicant and the examining physician. The
10		examining physicians shall be specifically designated by the
11		Board or Department. The licensee or applicant may have, at his
12		or her own expense, another physician of his or her choice
13		present during all aspects of the examination. Failure of a
14		licensee or applicant to submit to any such examination when
15		directed, without reasonable cause as defined by rule, shall be
16		grounds for either the immediate suspension of his or her
17		license or immediate denial of his or her application.
18		If the Secretary immediately suspends the license of a
19		licensee for his or her failure to submit to a mental or
20		physical examination when directed, a hearing must be convened
21		by the Department within 15 days after the suspension and
22		completed without appreciable delay.
23		If the Secretary otherwise suspends a license pursuant to
24		the results of the licensee's mental or physical examination, a
25		hearing must be convened by the Department within 15 days after
26		the suspension and completed without appreciable delay. The

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

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1		(d) In cases where the Department of Healthcare and Family
2		Services (formerly the Department of Public Aid) has previously
3		determined that a licensee or a potential licensee is more than
4		30 days delinquent in the payment of child support and has
5		subsequently certified the delinquency to the Department, the
6		Department shall refuse to issue or renew or shall revoke or
7		suspend that person's license or shall take other disciplinary
8		action against that person based solely upon the certification
9		of delinquency made by the Department of Healthcare and Family
10		Services in accordance with subdivision (a)(5) of Section
11		2105-15 of the Department of Professional Regulation Law of the
12		Civil Administrative Code of Illinois.
13		(e) The Department shall deny a license or renewal
14		authorized by this Act to a person who has failed to file a
15		return, to pay the tax, penalty, or interest shown in a filed
16		return, or to pay any final assessment of tax, penalty, or
17		interest as required by any tax Act administered by the
18		Department of Revenue, until such time as the requirements of
19		the tax Act are satisfied in accordance with subsection (g) of
20		Section 2105-15 of the Department of Professional Regulation
21		Law of the Civil Administrative Code of Illinois.
22		(f) Persons who assist the Department as consultants or
23		expert witnesses in the investigation or prosecution of alleged
24		violations of the Act, licensure matters, restoration
25		proceedings, or criminal prosecutions, shall not be liable for
26		damages in any civil action or proceeding as a result of such

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1		assistance, except upon proof of actual malice. The attorney
2		general shall defend such persons in any such action or
3		proceeding.
4		(Source: P.A. 98-756, eff. 7-16-14.)
5		Section 805. The Interior Design Title Act is amended by
6		changing 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
10		registration. The Department may refuse to issue, renew, or
11		restore or may revoke, suspend, place on probation, reprimand
12		or take other disciplinary action as the Department may deem
13		proper, including fines not to exceed $5,000 for each
14		violation, with regard to any registration for any one or
15		combination 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
9		authorized by this Act to any person who has defaulted on an
10		educational loan guaranteed by the Illinois Student Assistance
11		Commission; however, the Department may issue a certificate of
12		registration or renewal if such person has established a
13		satisfactory repayment record as determined by the Illinois
14		Student Assistance Commission.
15		The Department may refuse to issue or may suspend the
16		registration of any person who fails to file a return, or to
17		pay the tax, penalty, or interest showing in a filed return, or
18		to pay any final assessment of tax, penalty, or interest, as
19		required by any tax Act administered by the Illinois Department
20		of Revenue, until such time as the requirements of any such tax
21		Act are satisfied.
22		The entry of a decree by any circuit court establishing
23		that any person holding a certificate of registration under
24		this Act is a person subject to involuntary admission under the
25		Mental Health and Developmental Disabilities Code shall
26		operate as a suspension of that registration. That person may

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1		resume using the title "registered interior designer" only upon
2		a finding by the Board that he or she has been determined to be
3		no longer subject to involuntary admission by the court and
4		upon the Board's recommendation to the Director that he or she
5		be permitted to resume using the title "registered interior
6		designer".
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
9		1989 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
13		administrative action.
14		(a) The Department shall adopt rules setting standards of
15		professional conduct and establish appropriate penalties for
16		the breach of such rules.
17		(a-1) The Department may, singularly or in combination,
18		refuse to issue, renew, or restore a license or may revoke,
19		suspend, place on probation, reprimand, or take other
20		disciplinary or non-disciplinary action with regard to a person
21		licensed under this Act, including but not limited to, the
22		imposition of a fine not to exceed $10,000 per violation upon
23		any person, corporation, partnership, or professional design
24		firm licensed or registered under this Act, for any one or

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1		combination 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
15		authorized by this Act to a person who has failed to file a
16		return, to pay the tax, penalty, or interest shown in a filed
17		return, or to pay any final assessment of tax, penalty, or
18		interest as required by any tax Act administered by the
19		Department of Revenue, until such time as the requirements of
20		the tax Act are satisfied in accordance with subsection (g) of
21		Section 2105-15 of the Department of Professional Regulation
22		Law of the Civil Administrative Code of Illinois (20 ILCS
23		2105/2105-15).
24		(a-3) (Blank). The Department shall deny a license or
25		renewal authorized by this Act to a person who has defaulted on
26		an educational loan or scholarship provided or guaranteed by

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

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

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1		acceptable and prevailing standards under the provisions of his
2		or her license.
3		(b) The determination by a circuit court that a registrant
4		is subject to involuntary admission or judicial admission as
5		provided in the Mental Health and Developmental Disabilities
6		Code, as now or hereafter amended, operates as an automatic
7		suspension. Such suspension will end only upon a finding by a
8		court that the patient is no longer subject to involuntary
9		admission or judicial admission, the issuance of an order so
10		finding and discharging the patient, and the recommendation of
11		the Board to the Director that the registrant be allowed to
12		resume practice.
13		(Source: P.A. 98-756, eff. 7-16-14.)
14		Section 815. The Illinois Professional Land Surveyor Act of
15		1989 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,
20		or may place on probation or administrative supervision,
21		suspend, or revoke any license, or may reprimand or take any
22		disciplinary or non-disciplinary action as the Department may
23		deem proper, including the imposition of fines not to exceed
24		$10,000 per violation, upon any person, corporation,

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1		partnership, or professional land surveying firm licensed or
2		registered 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,
16		upon a showing of a possible violation, may compel a person
17		licensed to practice under this Act, or who has applied for
18		licensure or certification pursuant to this Act, to submit to a
19		mental or physical examination, or both, as required by and at
20		the expense of the Department. The Department or Board may
21		order the examining physician to present testimony concerning
22		the mental or physical examination of the licensee or
23		applicant. No information shall be excluded by reason of any
24		common law or statutory privilege relating to communications
25		between the licensee or applicant and the examining physician.
26		The examining physicians shall be specifically designated by

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

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1		Board that he or she can resume practice in compliance with the
2		acceptable and prevailing standards under the provisions of his
3		or her license.
4		(b) The determination by a circuit court that a licensee is
5		subject to involuntary admission or judicial admission as
6		provided in the Mental Health and Developmental Disabilities
7		Code, as now or hereafter amended, operates as an automatic
8		license suspension. Such suspension will end only upon a
9		finding by a court that the patient is no longer subject to
10		involuntary admission or judicial admission and the issuance of
11		an order so finding and discharging the patient and upon the
12		recommendation of the Board to the Director that the licensee
13		be allowed to resume his or her practice.
14		(c) (Blank). The Department shall deny a license or renewal
15		authorized by this Act to a person who has defaulted on an
16		educational loan or scholarship provided or guaranteed by the
17		Illinois Student Assistance Commission or any governmental
18		agency of this State in accordance with subdivision (a)(5) of
19		Section 2105-15 of the Department of Professional Regulation
20		Law of the Civil Administrative Code of Illinois (20 ILCS
21		2105/2105-15).
22		(d) In cases where the Department of Healthcare and Family
23		Services (formerly the Department of Public Aid) has previously
24		determined that a licensee or a potential licensee is more than
25		30 days delinquent in the payment of child support and has
26		subsequently certified the delinquency to the Department, the

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1		Department shall refuse to issue or renew or shall revoke or
2		suspend that person's license or shall take other disciplinary
3		action against that person based solely upon the certification
4		of delinquency made by the Department of Healthcare and Family
5		Services in accordance with subdivision (a)(5) of Section
6		2105-15 of the Department of Professional Regulation Law of the
7		Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).
8		(e) The Department shall refuse to issue or renew or shall
9		revoke or suspend a person's license or shall take other
10		disciplinary action against that person for his or her failure
11		to file a return, to pay the tax, penalty, or interest shown in
12		a filed return, or to pay any final assessment of tax, penalty,
13		or interest as required by any tax Act administered by the
14		Department of Revenue, until such time as the requirements of
15		the tax Act are satisfied in accordance with subsection (g) of
16		Section 2105-15 of the Department of Professional Regulation
17		Law of the Civil Administrative Code of Illinois (20 ILCS
18		2105/2105-15).
19		(Source: P.A. 98-756, eff. 7-16-14.)
20		Section 820. The Illinois Roofing Industry Licensing Act is
21		amended 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
2		revoke, suspend, place on probation, reprimand or take other
3		disciplinary or non-disciplinary action as the Department may
4		deem proper, including fines not to exceed $10,000 for each
5		violation, with regard to any license for any one or
6		combination 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
6		holder is subject to involuntary admission or judicial
7		admission, as provided in the Mental Health and Developmental
8		Disabilities Code, operates as an automatic suspension. Such
9		suspension will end only upon a finding by a court that the
10		patient is no longer subject to involuntary admission or
11		judicial admission, an order by the court so finding and
12		discharging the patient, and the recommendation of the Board to
13		the Director that the license holder be allowed to resume his
14		or her practice.
15		(3) The Department may refuse to issue or take disciplinary
16		action concerning the license of any person who fails to file a
17		return, to pay the tax, penalty, or interest shown in a filed
18		return, or to pay any final assessment of tax, penalty, or
19		interest as required by any tax Act administered by the
20		Department of Revenue, until such time as the requirements of
21		any such tax Act are satisfied as determined by the Department
22		of Revenue.
23		(4) In enforcing this Section, the Department, upon a
24		showing of a possible violation, may compel any individual who
25		is licensed under this Act or any individual who has applied
26		for licensure to submit to a mental or physical examination or

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

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

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

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1		disciplinary action against that person based solely upon the
2		certification of delinquency made by the Department of
3		Healthcare and Family Services in accordance with paragraph (5)
4		of subsection (a) of Section 2105-15 of the Department of
5		Professional Regulation Law of the Civil Administrative Code of
6		Illinois.
7		The changes to this Act made by this amendatory Act of 1997
8		apply only to disciplinary actions relating to events occurring
9		after 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
12		1989 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
17		revoke a license, or may suspend, place on probation, fine, or
18		take any disciplinary or non-disciplinary action as the
19		Department may deem proper, including a fine not to exceed
20		$10,000 for each violation, with regard to any licensee for any
21		one 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,
25		upon a showing of a possible violation, may order a licensee or
26		applicant to submit to a mental or physical examination, or

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

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

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1		30 days delinquent in the payment of child support and has
2		subsequently certified the delinquency to the Department, the
3		Department shall refuse to issue or renew or shall revoke or
4		suspend that person's license or shall take other disciplinary
5		action against that person based solely upon the certification
6		of delinquency made by the Department of Healthcare and Family
7		Services in accordance with subdivision (a)(5) of Section
8		2105-15 of the Department of Professional Regulation Law of the
9		Civil Administrative Code of Illinois.
10		(e) The Department shall deny a license or renewal
11		authorized by this Act to a person who has failed to file a
12		return, to pay the tax, penalty, or interest shown in a filed
13		return, or to pay any final assessment of tax, penalty, or
14		interest as required by any tax Act administered by the
15		Department of Revenue, until such time as the requirements of
16		the tax Act are satisfied in accordance with subsection (g) of
17		Section 2105-15 of the Department of Professional Regulation
18		Law of the Civil Administrative Code of Illinois.
19		(f) Persons who assist the Department as consultants or
20		expert witnesses in the investigation or prosecution of alleged
21		violations of the Act, licensure matters, restoration
22		proceedings, or criminal prosecutions, are not liable for
23		damages in any civil action or proceeding as a result of such
24		assistance, except upon proof of actual malice. The Attorney
25		General of the State of Illinois shall defend such persons in
26		any 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
3		Section 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
7		taxes or , child support, or a student loan. The Department may
8		terminate or otherwise discipline any license issued under this
9		Act without hearing if the appropriate administering agency
10		provides 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
24		pursuant to this Section, the licensee may request a hearing as

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1		provided by this Act within 30 days of notice of termination or
2		discipline.
3		(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)
4		Section 835. The Barber, Cosmetology, Esthetics, Hair
5		Braiding, and Nail Technology Act of 1985 is amended by
6		changing 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;
10		causes; disciplinary action.
11		(1) The Department may refuse to issue or renew, and may
12		suspend, revoke, place on probation, reprimand or take any
13		other disciplinary or non-disciplinary action as the
14		Department may deem proper, including civil penalties not to
15		exceed $500 for each violation, with regard to any license for
16		any 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
12		consideration the facts and circumstances involving the type of
13		acts or omissions in paragraph (1) of this Section including,
14		but 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
26		upon certification by the Board that the disciplined licensee

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1		or registrant has complied with all of the terms and conditions
2		set forth in the final order or has been sufficiently
3		rehabilitated to warrant the public trust.
4		(4) The Department shall refuse to issue or renew or
5		suspend without hearing the license or certificate of
6		registration of any person who fails to file a return, or to
7		pay the tax, penalty or interest shown in a filed return, or to
8		pay any final assessment of tax, penalty or interest, as
9		required by any tax Act administered by the Illinois Department
10		of Revenue, until such time as the requirements of any such tax
11		Act are satisfied as determined by the Department of Revenue.
12		(5) (Blank). The Department shall deny without hearing any
13		application for a license or renewal of a license under this
14		Act by a person who has defaulted on an educational loan
15		guaranteed by the Illinois Student Assistance Commission;
16		however, the Department may issue or renew a license if the
17		person in default has established a satisfactory repayment
18		record as determined by the Illinois Student Assistance
19		Commission.
20		(6) All fines imposed under this Section shall be paid
21		within 60 days after the effective date of the order imposing
22		the fine or in accordance with the terms set forth in the order
23		imposing the fine.
24		(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;
25		99-876, eff. 1-1-17.)

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1		Section 840. The Electrologist Licensing Act is amended by
2		changing 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
7		revoke or suspend a license under this Act, and may place on
8		probation, reprimand, or take other disciplinary or
9		non-disciplinary action with regard to any licensee under this
10		Act, as the Department may consider appropriate, including
11		imposing fines not to exceed $10,000 for each violation and
12		assess costs as provided for under Section 95 of this Act, for
13		one 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
12		suspend without hearing the license of any person who fails to
13		file a return, to pay the tax, penalty or interest shown in a
14		filed return, or to pay any final assessment of the tax,
15		penalty, or interest as required by any tax Act administered by
16		the Illinois Department of Revenue until the requirements of
17		the tax Act are satisfied in accordance with subsection (g) of
18		Section 2105-15 of the Department of Professional Regulation
19		Law of the Civil Administrative Code of Illinois.
20		(c) The determination by a circuit court that a licensee is
21		subject to involuntary admission or judicial admission as
22		provided in the Mental Health and Developmental Disabilities
23		Code operates as an automatic suspension. The suspension will
24		end only upon a finding by a court that the patient is no
25		longer subject to involuntary admission or judicial admission,
26		the issuance of an order so finding and discharging the

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

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

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

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1		Regulation Law of the Civil Administrative Code of Illinois.
2		(f) In cases where the Department of Healthcare and Family
3		Services has previously determined a licensee or a potential
4		licensee is more than 30 days delinquent in the payment of
5		child support and has subsequently certified the delinquency to
6		the Department, the Department may refuse to issue or renew or
7		may revoke or suspend that person's license or may take other
8		disciplinary action against that person based solely upon the
9		certification of delinquency made by the Department of
10		Healthcare and Family Services in accordance with item (5) of
11		subsection (a) of Section 2105-15 of the Department of
12		Professional Regulation Law of the Civil Administrative Code of
13		Illinois.
14		(g) All fines or costs imposed under this Section shall be
15		paid within 60 days after the effective date of the order
16		imposing the fine or costs or in accordance with the terms set
17		forth in the order imposing the fine.
18		(Source: P.A. 98-363, eff. 8-16-13.)
19		Section 845. The Illinois Certified Shorthand Reporters
20		Act 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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1		revoke, suspend, place on probation, reprimand or take other
2		disciplinary or non-disciplinary action as the Department may
3		deem appropriate, including imposing fines not to exceed
4		$10,000 for each violation and the assessment of costs as
5		provided for in Section 23.3 of this Act, with regard to any
6		license 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
14		60 days after the effective date of the order imposing the fine
15		or in accordance with the terms set forth in the order imposing
16		the fine.
17		(b) The determination by a circuit court that a certificate
18		holder is subject to involuntary admission or judicial
19		admission as provided in the Mental Health and Developmental
20		Disabilities Code, operates as an automatic suspension. Such
21		suspension will end only upon a finding by a court that the
22		patient is no longer subject to involuntary admission or
23		judicial admission, an order by the court so finding and
24		discharging the patient. In any case where a license is
25		suspended under this Section, the licensee may file a petition
26		for restoration and shall include evidence acceptable to the

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

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

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

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1		federal statutes and regulations safeguarding the
2		confidentiality of medical records.
3		Individuals certified under this Act, affected under this
4		Section, shall be afforded an opportunity to demonstrate to the
5		Department that they can resume practice in compliance with
6		acceptable and prevailing standards under the provisions of
7		their certification.
8		(e) (Blank). The Department shall deny a license or renewal
9		authorized by this Act to a person who has defaulted on an
10		educational loan or scholarship provided or guaranteed by the
11		Illinois Student Assistance Commission or any governmental
12		agency of this State in accordance with item (5) of subsection
13		(a) of Section 2105-15 of the Civil Administrative Code of
14		Illinois.
15		(f) The Department may refuse to issue or may suspend
16		without hearing, as provided for in the Code of Civil
17		Procedure, the license of any person who fails to file a
18		return, to pay the tax, penalty, or interest shown in a filed
19		return, or to pay any final assessment of tax, penalty, or
20		interest as required by any tax Act administered by the
21		Illinois Department of Revenue, until such time as the
22		requirements of any such tax Act are satisfied in accordance
23		with subsection (g) of Section 2105-15 of the Civil
24		Administrative 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
2		changing 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
7		revoke, suspend, place on probation, reprimand or take other
8		disciplinary or non-disciplinary action as the Department may
9		deem proper, including fines not to exceed $10,000 per
10		violation, for any one or any combination of the following
11		causes:
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

SB2439 Enrolled - 210 - LRB100 18051 XWW 33240 b
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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1		authorized by this Act to any person who has defaulted on an
2		educational loan guaranteed by the Illinois State Scholarship
3		Commission; however, the Department may issue a license or
4		renewal if the person in default has established a satisfactory
5		repayment record as determined by the Illinois State
6		Scholarship Commission. No collection agency while collecting
7		or attempting to collect a debt shall engage in any of the Acts
8		specified in this Section, each of which shall be unlawful
9		practice.
10		(Source: P.A. 99-227, eff. 8-3-15.)
11		Section 855. The Community Association Manager Licensing
12		and Disciplinary Act is amended by changing Section 85 as
13		follows:
14		(225 ILCS 427/85)
15		(Section scheduled to be repealed on January 1, 2020)
16		Sec. 85. Grounds for discipline; refusal, revocation, or
17		suspension.
18		(a) The Department may refuse to issue or renew a license,
19		or may place on probation, reprimand, suspend, or revoke any
20		license, or take any other disciplinary or non-disciplinary
21		action as the Department may deem proper and impose a fine not
22		to exceed $10,000 for each violation upon any licensee or
23		applicant under this Act or any person or entity who holds
24		himself, herself, or itself out as an applicant or licensee for

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1		any 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
26		Section 2105-15 of the Department of Professional Regulation

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

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1		2105-15 of the Department of Professional Regulation Law of the
2		Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
3		and in cases where the Department of Healthcare and Family
4		Services (formerly Department of Public Aid) has previously
5		determined that a licensee or a potential licensee is more than
6		30 days delinquent in the payment of child support and has
7		subsequently certified the delinquency to the Department may
8		refuse to issue or renew or may revoke or suspend that person's
9		license or may take other disciplinary action against that
10		person based solely upon the certification of delinquency made
11		by the Department of Healthcare and Family Services.
12		(f) In enforcing this Section, the Department or Board upon
13		a showing of a possible violation may compel a licensee or an
14		individual licensed to practice under this Act, or who has
15		applied for licensure under this Act, to submit to a mental or
16		physical examination, or both, as required by and at the
17		expense of the Department. The Department or Board may order
18		the examining physician to present testimony concerning the
19		mental or physical examination of the licensee or applicant. No
20		information shall be excluded by reason of any common law or
21		statutory privilege relating to communications between the
22		licensee or applicant and the examining physician. The
23		examining physicians shall be specifically designated by the
24		Board or Department. The individual to be examined may have, at
25		his or her own expense, another physician of his or her choice
26		present during all aspects of this examination. Failure of an

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

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1		the suspension and completed without appreciable delay. The
2		Department and Board shall have the authority to review the
3		subject individual's record of treatment and counseling
4		regarding the impairment to the extent permitted by applicable
5		federal statutes and regulations safeguarding the
6		confidentiality of medical records.
7		An individual licensed under this Act and affected under
8		this Section shall be afforded an opportunity to demonstrate to
9		the Department or Board that he or she can resume practice in
10		compliance with acceptable and prevailing standards under the
11		provisions of his or her license.
12		(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;
13		98-756, eff. 7-16-14.)
14		Section 860. The Detection of Deception Examiners Act is
15		amended 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
19		may revoke, suspend, place on probation, reprimand, or take
20		other disciplinary or non-disciplinary action as the
21		Department may deem appropriate, including imposing fines not
22		to exceed $10,000 for each violation, with regard to any
23		license 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
9		60 days after the effective date of the order imposing the
10		fine.
11		(b) The Department may refuse to issue or may suspend
12		without hearing, as provided for in the Code of Civil
13		Procedure, the license of any person who fails to file a
14		return, or pay the tax, penalty, or interest shown in a filed
15		return, or pay any final assessment of the tax, penalty, or
16		interest as required by any tax Act administered by the
17		Illinois Department of Revenue, until such time as the
18		requirements of any such tax Act are satisfied in accordance
19		with subsection (g) of Section 2105-15 of the Civil
20		Administrative Code of Illinois.
21		(c) (Blank). The Department shall deny a license or renewal
22		authorized by this Act to a person who has defaulted on an
23		educational loan or scholarship provided or guaranteed by the
24		Illinois Student Assistance Commission or any governmental
25		agency of this State in accordance with item (5) of subsection
26		(a) of Section 2105-15 of the Civil Administrative Code of

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

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

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1		terms of the agreement, the Department may file a complaint to
2		revoke, suspend, or otherwise discipline the license of the
3		individual. The Secretary may order the license suspended
4		immediately, pending a hearing by the Department. Fines shall
5		not be assessed in disciplinary actions involving physical or
6		mental illness or impairment.
7		In instances in which the Secretary immediately suspends a
8		person's license under this Section, a hearing on that person's
9		license must be convened by the Department within 15 days after
10		the suspension and completed without appreciable delay. The
11		Department shall have the authority to review the subject
12		individual's record of treatment and counseling regarding the
13		impairment to the extent permitted by applicable federal
14		statutes and regulations safeguarding the confidentiality of
15		medical records.
16		An individual licensed under this Act and affected under
17		this Section shall be afforded an opportunity to demonstrate to
18		the Department that he or she can resume practice in compliance
19		with acceptable and prevailing standards under the provisions
20		of his or her license.
21		(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;
22		98-756, eff. 7-16-14.)
23		Section 865. The Home Inspector License Act is amended by
24		changing 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
5		revoke, suspend, place on probation, reprimand, or take other
6		disciplinary or non-disciplinary action as the Department may
7		deem appropriate, including imposing fines not to exceed
8		$25,000 for each violation, with regard to any license for any
9		one or combination of the following:
10		(1) Fraud or 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		(2) Failing to meet the minimum qualifications for
14		licensure as a home inspector established by this Act.
15		(3) Paying money, other than for the fees provided for
16		by this Act, or anything of value to an employee of the
17		Department to procure licensure under this Act.
18		(4) 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; (ii) that is a misdemeanor, an essential
25		element of which is dishonesty, or that is directly related
26		to the practice of the profession; or (iii) that is a crime

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1		that subjects the licensee to compliance with the
2		requirements of the Sex Offender Registration Act.
3		(5) Committing an act or omission involving
4		dishonesty, fraud, or misrepresentation with the intent to
5		substantially benefit the licensee or another person or
6		with the intent to substantially injure another person.
7		(6) Violating a provision or standard for the
8		development or communication of home inspections as
9		provided in Section 10-5 of this Act or as defined in the
10		rules.
11		(7) Failing or refusing to exercise reasonable
12		diligence in the development, reporting, or communication
13		of a home inspection report, as defined by this Act or the
14		rules.
15		(8) Violating a provision of this Act or the rules.
16		(9) Having been disciplined by another state, the
17		District of Columbia, a territory, a foreign nation, a
18		governmental agency, or any other entity authorized to
19		impose discipline if at least one of the grounds for that
20		discipline is the same as or substantially equivalent to
21		one of the grounds for which a licensee may be disciplined
22		under this Act.
23		(10) Engaging in dishonorable, unethical, or
24		unprofessional conduct of a character likely to deceive,
25		defraud, or harm the public.
26		(11) Accepting an inspection assignment when the

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1		employment itself is contingent upon the home inspector
2		reporting a predetermined analysis or opinion, or when the
3		fee to be paid is contingent upon the analysis, opinion, or
4		conclusion reached or upon the consequences resulting from
5		the home inspection assignment.
6		(12) Developing home inspection opinions or
7		conclusions based on the race, color, religion, sex,
8		national origin, ancestry, age, marital status, family
9		status, physical or mental disability, or unfavorable
10		military discharge, as defined under the Illinois Human
11		Rights Act, of the prospective or present owners or
12		occupants of the area or property under home inspection.
13		(13) Being adjudicated liable in a civil proceeding on
14		grounds of fraud, misrepresentation, or deceit. In a
15		disciplinary proceeding based upon a finding of civil
16		liability, the home inspector shall be afforded an
17		opportunity to present mitigating and extenuating
18		circumstances, but may not collaterally attack the civil
19		adjudication.
20		(14) Being adjudicated liable in a civil proceeding for
21		violation of a State or federal fair housing law.
22		(15) Engaging in misleading or untruthful advertising
23		or using a trade name or insignia of membership in a home
24		inspection organization of which the licensee is not a
25		member.
26		(16) Failing, within 30 days, to provide information in

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1		response to a written request made by the Department.
2		(17) Failing to include within the home inspection
3		report the home inspector's license number and the date of
4		expiration of the license. All home inspectors providing
5		significant contribution to the development and reporting
6		of a home inspection must be disclosed in the home
7		inspection report. It is a violation of this Act for a home
8		inspector to sign a home inspection report knowing that a
9		person providing a significant contribution to the report
10		has not been disclosed in the home inspection report.
11		(18) Advising a client as to whether the client should
12		or should not engage in a transaction regarding the
13		residential real property that is the subject of the home
14		inspection.
15		(19) Performing a home inspection in a manner that
16		damages or alters the residential real property that is the
17		subject of the home inspection without the consent of the
18		owner.
19		(20) Performing a home inspection when the home
20		inspector is providing or may also provide other services
21		in connection with the residential real property or
22		transaction, or has an interest in the residential real
23		property, without providing prior written notice of the
24		potential or actual conflict and obtaining the prior
25		consent of the client as provided by rule.
26		(21) Aiding or assisting another person in violating

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1		any provision of this Act or rules adopted under this Act.
2		(22) Inability to practice with reasonable judgment,
3		skill, or safety as a result of habitual or excessive use
4		or addiction to alcohol, narcotics, stimulants, or any
5		other chemical agent or drug.
6		(23) A finding by the Department that the licensee,
7		after having his or her license placed on probationary
8		status, has violated the terms of probation.
9		(24) Willfully making or filing false records or
10		reports in his or her practice, including, but not limited
11		to, false records filed with State agencies or departments.
12		(25) Charging for professional services not rendered,
13		including filing false statements for the collection of
14		fees for which services are not rendered.
15		(26) Practicing under a false or, except as provided by
16		law, an assumed name.
17		(27) Cheating on or attempting to subvert the licensing
18		examination administered under this Act.
19		(b) The Department may suspend, revoke, or refuse to issue
20		or renew an education provider's license, may reprimand, place
21		on probation, or otherwise discipline an education provider
22		licensee, and may suspend or revoke the course approval of any
23		course offered by an education provider, for any of the
24		following:
25		(1) Procuring or attempting to procure licensure by
26		knowingly making a false statement, submitting false

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1		information, making any form of fraud or
2		misrepresentation, or refusing to provide complete
3		information in response to a question in an application for
4		licensure.
5		(2) Failing to comply with the covenants certified to
6		on the application for licensure as an education provider.
7		(3) Committing an act or omission involving
8		dishonesty, fraud, or misrepresentation or allowing any
9		such act or omission by any employee or contractor under
10		the control of the education provider.
11		(4) Engaging in misleading or untruthful advertising.
12		(5) Failing to retain competent instructors in
13		accordance with rules adopted under this Act.
14		(6) Failing to meet the topic or time requirements for
15		course approval as the provider of a pre-license curriculum
16		course or a continuing education course.
17		(7) Failing to administer an approved course using the
18		course materials, syllabus, and examinations submitted as
19		the basis of the course approval.
20		(8) Failing to provide an appropriate classroom
21		environment for presentation of courses, with
22		consideration for student comfort, acoustics, lighting,
23		seating, workspace, and visual aid material.
24		(9) Failing to maintain student records in compliance
25		with the rules adopted under this Act.
26		(10) Failing to provide a certificate, transcript, or

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1		other student record to the Department or to a student as
2		may be required by rule.
3		(11) Failing to fully cooperate with a Department
4		investigation by knowingly making a false statement,
5		submitting false or misleading information, or refusing to
6		provide complete information in response to written
7		interrogatories or a written request for documentation
8		within 30 days of the request.
9		(c) In appropriate cases, the Department may resolve a
10		complaint against a licensee through the issuance of a Consent
11		to Administrative Supervision order. A licensee subject to a
12		Consent to Administrative Supervision order shall be
13		considered by the Department as an active licensee in good
14		standing. This order shall not be reported as or considered by
15		the Department to be a discipline of the licensee. The records
16		regarding an investigation and a Consent to Administrative
17		Supervision order shall be considered confidential and shall
18		not be released by the Department except as mandated by law.
19		The complainant shall be notified that his or her complaint has
20		been resolved by a Consent to Administrative Supervision order.
21		(d) The Department may refuse to issue or may suspend
22		without hearing, as provided for in the Code of Civil
23		Procedure, the license of any person who fails to file a tax
24		return, to pay the tax, penalty, or interest shown in a filed
25		tax return, or to pay any final assessment of tax, penalty, or
26		interest, as required by any tax Act administered by the

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

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

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

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1		this Section shall be afforded an opportunity to demonstrate to
2		the Department that he or she can resume practice in compliance
3		with acceptable and prevailing standards under the provisions
4		of his or her license.
5		(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;
6		98-756, eff. 7-16-14.)
7		(225 ILCS 447/40-35 rep.)
8		Section 870. The Private Detective, Private Alarm, Private
9		Security, Fingerprint Vendor, and Locksmith Act of 2004 is
10		amended by repealing Section 40-35.
11		Section 875. The Illinois Public Accounting Act is amended
12		by changing Section 20.01 as follows:
13		(225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
14		(Section scheduled to be repealed on January 1, 2024)
15		Sec. 20.01. Grounds for discipline; license or
16		registration.
17		(a) The Department may refuse to issue or renew, or may
18		revoke, suspend, or reprimand any registration or registrant,
19		any license or licensee, place a licensee or registrant on
20		probation for a period of time subject to any conditions the
21		Department may specify including requiring the licensee or
22		registrant to attend continuing education courses or to work
23		under the supervision of another licensee or registrant, impose

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1		a fine not to exceed $10,000 for each violation, restrict the
2		authorized scope of practice, require a licensee or registrant
3		to undergo a peer review program, assess costs as provided for
4		under Section 20.4, or take other disciplinary or
5		non-disciplinary action for any one or more of the following:
6		(1) Violation of any provision of this Act or rule
7		adopted by the Department under this Act or violation of
8		professional standards.
9		(2) Dishonesty, fraud, or deceit in obtaining,
10		reinstating, or restoring a license or registration.
11		(3) Cancellation, revocation, suspension, denial of
12		licensure or registration, or refusal to renew a license or
13		privileges under Section 5.2 for disciplinary reasons in
14		any other U.S. jurisdiction, unit of government, or
15		government agency for any cause.
16		(4) Failure, on the part of a licensee under Section 13
17		or registrant under Section 16, to maintain compliance with
18		the requirements for issuance or renewal of a license or
19		registration or to report changes to the Department.
20		(5) Revocation or suspension of the right to practice
21		by or before any state or federal regulatory authority or
22		by the Public Company Accounting Oversight Board.
23		(6) Dishonesty, fraud, deceit, or gross negligence in
24		the performance of services as a licensee or registrant or
25		individual granted privileges under Section 5.2.
26		(7) Conviction by plea of guilty or nolo contendere,

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1		finding of guilt, jury verdict, or entry of judgment or
2		sentencing, including, but not limited to, convictions,
3		preceding sentences of supervision, conditional discharge,
4		or first offender probation, under the laws of any
5		jurisdiction of the United States that is (i) a felony or
6		(ii) a misdemeanor, an essential element of which is
7		dishonesty, or that is directly related to the practice of
8		public accounting.
9		(8) Performance of any fraudulent act while holding a
10		license or privilege issued under this Act or prior law.
11		(9) Practicing on a revoked, suspended, or inactive
12		license or registration.
13		(10) Making or filing a report or record that the
14		registrant or licensee knows to be false, willfully failing
15		to file a report or record required by State or federal
16		law, willfully impeding or obstructing the filing or
17		inducing another person to impede or obstruct only those
18		that are signed in the capacity of a licensed CPA or a
19		registered CPA.
20		(11) Aiding or assisting another person in violating
21		any provision of this Act or rules promulgated hereunder.
22		(12) Engaging in dishonorable, unethical, or
23		unprofessional conduct of a character likely to deceive,
24		defraud, or harm the public.
25		(13) Habitual or excessive use or abuse of drugs,
26		alcohol, narcotics, stimulants, or any other substance

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1		that results in the inability to practice with reasonable
2		skill, judgment, or safety.
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		(15) Physical illness, including, but not limited to,
8		deterioration through the aging process or loss of motor
9		skill that results in the licensee or registrant's
10		inability to practice under this Act with reasonable
11		judgment, skill, or safety.
12		(16) Solicitation of professional services by using
13		false or misleading advertising.
14		(17) Any conduct reflecting adversely upon the
15		licensee's fitness to perform services while a licensee or
16		individual granted privileges under Section 5.2.
17		(18) Practicing or attempting to practice under a name
18		other than the full name as shown on the license or
19		registration or any other legally authorized name.
20		(19) A finding by the Department that a licensee or
21		registrant has not complied with a provision of any lawful
22		order issued by the Department.
23		(20) Making a false statement to the Department
24		regarding compliance with continuing professional
25		education or peer review requirements.
26		(21) Failing to make a substantive response to a

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1		request for information by the Department within 30 days of
2		the request.
3		(b) (Blank).
4		(b-5) All fines or costs imposed under this Section shall
5		be paid within 60 days after the effective date of the order
6		imposing the fine or costs or in accordance with the terms set
7		forth in the order imposing the fine or cost.
8		(c) In cases where the Department of Healthcare and Family
9		Services has previously determined a licensee or a potential
10		licensee is more than 30 days delinquent in the payment of
11		child support and has subsequently certified the delinquency to
12		the Department, the Department may refuse to issue or renew or
13		may revoke or suspend that person's license or may take other
14		disciplinary or non-disciplinary action against that person
15		based solely upon the certification of delinquency made by the
16		Department of Healthcare and Family Services in accordance with
17		item (5) of subsection (a) of Section 2105-15 of the Department
18		of Professional Regulation Law of the Civil Administrative Code
19		of Illinois.
20		(d) The Department may refuse to issue or may suspend
21		without hearing, as provided for in the Code of Civil
22		Procedure, the license or registration of any person who fails
23		to file a return, to pay a tax, penalty, or interest shown in a
24		filed return, or to pay any final assessment of tax, penalty,
25		or interest, as required by any tax Act administered by the
26		Illinois Department of Revenue, until such time as the

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1		requirements of any such tax Act are satisfied in accordance
2		with subsection (g) of Section 2105-15 of the Department of
3		Professional Regulation Law of the Civil Administrative Code of
4		Illinois.
5		(e) (Blank). The Department shall deny any application for
6		a license, registration, or renewal, without hearing, to any
7		person who has defaulted on an educational loan guaranteed by
8		the Illinois Student Assistance Commission; however, the
9		Department may issue a license, registration, or renewal if the
10		person in default has established a satisfactory repayment
11		record as determined by the Illinois Student Assistance
12		Commission.
13		(f) The determination by a court that a licensee or
14		registrant is subject to involuntary admission or judicial
15		admission as provided in the Mental Health and Developmental
16		Disabilities Code will result in the automatic suspension of
17		his or her license or registration. The licensee or registrant
18		shall be responsible for notifying the Department of the
19		determination by the court that the licensee or registrant is
20		subject to involuntary admission or judicial admission as
21		provided in the Mental Health and Developmental Disabilities
22		Code. The suspension shall end only upon a finding by a court
23		that the patient is no longer subject to involuntary admission
24		or judicial admission, the issuance of an order so finding and
25		discharging the patient, and the filing of a petition for
26		restoration demonstrating fitness to practice.

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

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

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1		reasons set forth in this Section, the Department shall require
2		such licensee, registrant, or applicant to submit to care,
3		counseling, or treatment by physicians approved or designated
4		by the Department, as a condition for continued, reinstated, or
5		renewed licensure to practice.
6		When the Secretary immediately suspends a license or
7		registration under this Section, a hearing upon such person's
8		license or registration must be convened by the Department
9		within 15 days after such suspension and completed without
10		appreciable delay. The Department shall have the authority to
11		review the subject's record of treatment and counseling
12		regarding the impairment, to the extent permitted by applicable
13		federal statutes and regulations safeguarding the
14		confidentiality of medical records.
15		Individuals licensed or registered under this Act,
16		affected under this Section, shall be afforded an opportunity
17		to demonstrate to the Department that they can resume practice
18		in compliance with acceptable and prevailing standards under
19		the provisions of their license or registration.
20		(Source: P.A. 98-254, eff. 8-9-13.)
21		Section 880. The Real Estate License Act of 2000 is amended
22		by changing Section 20-20 as follows:
23		(225 ILCS 454/20-20)
24		(Section scheduled to be repealed on January 1, 2020)

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1		Sec. 20-20. Grounds for discipline.
2		(a) The Department may refuse to issue or renew a license,
3		may place on probation, suspend, or revoke any license,
4		reprimand, or take any other disciplinary or non-disciplinary
5		action as the Department may deem proper and impose a fine not
6		to exceed $25,000 upon any licensee or applicant under this Act
7		or any person who holds himself or herself out as an applicant
8		or licensee or against a licensee in handling his or her own
9		property, whether held by deed, option, or otherwise, for any
10		one or any combination of the following causes:
11		(1) Fraud or misrepresentation in applying for, or
12		procuring, a license under this Act or in connection with
13		applying for renewal of a license under this Act.
14		(2) The conviction of or plea of guilty or plea of nolo
15		contendere to a felony or misdemeanor in this State or any
16		other jurisdiction; or the entry of an administrative
17		sanction by a government agency in this State or any other
18		jurisdiction. Action taken under this paragraph (2) for a
19		misdemeanor or an administrative sanction is limited to a
20		misdemeanor or administrative sanction that has as an
21		essential element dishonesty or fraud or involves larceny,
22		embezzlement, or obtaining money, property, or credit by
23		false pretenses or by means of a confidence game.
24		(3) Inability to practice the profession with
25		reasonable judgment, skill, or safety as a result of a
26		physical illness, including, but not limited to,

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1		deterioration through the aging process or loss of motor
2		skill, or a mental illness or disability.
3		(4) Practice under this Act as a licensee in a retail
4		sales establishment from an office, desk, or space that is
5		not separated from the main retail business by a separate
6		and distinct area within the establishment.
7		(5) Having been disciplined by another state, the
8		District of Columbia, a territory, a foreign nation, or a
9		governmental agency authorized to impose discipline if at
10		least one of the grounds for that discipline is the same as
11		or the equivalent of one of the grounds for which a
12		licensee may be disciplined under this Act. A certified
13		copy of the record of the action by the other state or
14		jurisdiction shall be prima facie evidence thereof.
15		(6) Engaging in the practice of real estate brokerage
16		without a license or after the licensee's license or
17		temporary permit was expired or while the license was
18		inoperative.
19		(7) Cheating on or attempting to subvert the Real
20		Estate License Exam or continuing education exam.
21		(8) Aiding or abetting an applicant to subvert or cheat
22		on the Real Estate License Exam or continuing education
23		exam administered pursuant to this Act.
24		(9) Advertising that is inaccurate, misleading, or
25		contrary to the provisions of the Act.
26		(10) Making any substantial misrepresentation or

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1		untruthful advertising.
2		(11) Making any false promises of a character likely to
3		influence, persuade, or induce.
4		(12) Pursuing a continued and flagrant course of
5		misrepresentation or the making of false promises through
6		licensees, employees, agents, advertising, or otherwise.
7		(13) Any misleading or untruthful advertising, or
8		using any trade name or insignia of membership in any real
9		estate organization of which the licensee is not a member.
10		(14) Acting for more than one party in a transaction
11		without providing written notice to all parties for whom
12		the licensee acts.
13		(15) Representing or attempting to represent a broker
14		other than the sponsoring broker.
15		(16) Failure to account for or to remit any moneys or
16		documents coming into his or her possession that belong to
17		others.
18		(17) Failure to maintain and deposit in a special
19		account, separate and apart from personal and other
20		business accounts, all escrow moneys belonging to others
21		entrusted to a licensee while acting as a broker, escrow
22		agent, or temporary custodian of the funds of others or
23		failure to maintain all escrow moneys on deposit in the
24		account until the transactions are consummated or
25		terminated, except to the extent that the moneys, or any
26		part thereof, shall be:

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1		(A) disbursed prior to the consummation or
2		termination (i) in accordance with the written
3		direction of the principals to the transaction or their
4		duly authorized agents, (ii) in accordance with
5		directions providing for the release, payment, or
6		distribution of escrow moneys contained in any written
7		contract signed by the principals to the transaction or
8		their duly authorized agents, or (iii) pursuant to an
9		order of a court of competent jurisdiction; or
10		(B) deemed abandoned and transferred to the Office
11		of the State Treasurer to be handled as unclaimed
12		property pursuant to the Revised Uniform Unclaimed
13		Property Act. Escrow moneys may be deemed abandoned
14		under this subparagraph (B) only: (i) in the absence of
15		disbursement under subparagraph (A); (ii) in the
16		absence of notice of the filing of any claim in a court
17		of competent jurisdiction; and (iii) if 6 months have
18		elapsed after the receipt of a written demand for the
19		escrow moneys from one of the principals to the
20		transaction or the principal's duly authorized agent.
21		The account shall be noninterest bearing, unless the
22		character of the deposit is such that payment of interest
23		thereon is otherwise required by law or unless the
24		principals to the transaction specifically require, in
25		writing, that the deposit be placed in an interest bearing
26		account.

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1		(18) Failure to make available to the Department all
2		escrow records and related documents maintained in
3		connection with the practice of real estate within 24 hours
4		of a request for those documents by Department personnel.
5		(19) Failing to furnish copies upon request of
6		documents relating to a real estate transaction to a party
7		who has executed that document.
8		(20) Failure of a sponsoring broker to timely provide
9		information, sponsor cards, or termination of licenses to
10		the Department.
11		(21) Engaging in dishonorable, unethical, or
12		unprofessional conduct of a character likely to deceive,
13		defraud, or harm the public.
14		(22) Commingling the money or property of others with
15		his or her own money or property.
16		(23) Employing any person on a purely temporary or
17		single deal basis as a means of evading the law regarding
18		payment of commission to nonlicensees on some contemplated
19		transactions.
20		(24) Permitting the use of his or her license as a
21		broker to enable a leasing agent or unlicensed person to
22		operate a real estate business without actual
23		participation therein and control thereof by the broker.
24		(25) Any other conduct, whether of the same or a
25		different character from that specified in this Section,
26		that constitutes dishonest dealing.

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1		(26) Displaying a "for rent" or "for sale" sign on any
2		property without the written consent of an owner or his or
3		her duly authorized agent or advertising by any means that
4		any property is for sale or for rent without the written
5		consent of the owner or his or her authorized agent.
6		(27) Failing to provide information requested by the
7		Department, or otherwise respond to that request, within 30
8		days of the request.
9		(28) Advertising by means of a blind advertisement,
10		except as otherwise permitted in Section 10-30 of this Act.
11		(29) Offering guaranteed sales plans, as defined in
12		clause (A) of this subdivision (29), except to the extent
13		hereinafter set forth:
14		(A) A "guaranteed sales plan" is any real estate
15		purchase or sales plan whereby a licensee enters into a
16		conditional or unconditional written contract with a
17		seller, prior to entering into a brokerage agreement
18		with the seller, by the terms of which a licensee
19		agrees to purchase a property of the seller within a
20		specified period of time at a specific price in the
21		event the property is not sold in accordance with the
22		terms of a brokerage agreement to be entered into
23		between the sponsoring broker and the seller.
24		(B) A licensee offering a guaranteed sales plan
25		shall provide the details and conditions of the plan in
26		writing to the party to whom the plan is offered.

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1		(C) A licensee offering a guaranteed sales plan
2		shall provide to the party to whom the plan is offered
3		evidence of sufficient financial resources to satisfy
4		the commitment to purchase undertaken by the broker in
5		the plan.
6		(D) Any licensee offering a guaranteed sales plan
7		shall undertake to market the property of the seller
8		subject to the plan in the same manner in which the
9		broker would market any other property, unless the
10		agreement with the seller provides otherwise.
11		(E) The licensee cannot purchase seller's property
12		until the brokerage agreement has ended according to
13		its terms or is otherwise terminated.
14		(F) Any licensee who fails to perform on a
15		guaranteed sales plan in strict accordance with its
16		terms shall be subject to all the penalties provided in
17		this Act for violations thereof and, in addition, shall
18		be subject to a civil fine payable to the party injured
19		by the default in an amount of up to $25,000.
20		(30) Influencing or attempting to influence, by any
21		words or acts, a prospective seller, purchaser, occupant,
22		landlord, or tenant of real estate, in connection with
23		viewing, buying, or leasing real estate, so as to promote
24		or tend to promote the continuance or maintenance of
25		racially and religiously segregated housing or so as to
26		retard, obstruct, or discourage racially integrated

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1		housing on or in any street, block, neighborhood, or
2		community.
3		(31) Engaging in any act that constitutes a violation
4		of any provision of Article 3 of the Illinois Human Rights
5		Act, whether or not a complaint has been filed with or
6		adjudicated by the Human Rights Commission.
7		(32) Inducing any party to a contract of sale or lease
8		or brokerage agreement to break the contract of sale or
9		lease or brokerage agreement for the purpose of
10		substituting, in lieu thereof, a new contract for sale or
11		lease or brokerage agreement with a third party.
12		(33) Negotiating a sale, exchange, or lease of real
13		estate directly with any person if the licensee knows that
14		the person has an exclusive brokerage agreement with
15		another broker, unless specifically authorized by that
16		broker.
17		(34) When a licensee is also an attorney, acting as the
18		attorney for either the buyer or the seller in the same
19		transaction in which the licensee is acting or has acted as
20		a managing broker or broker.
21		(35) Advertising or offering merchandise or services
22		as free if any conditions or obligations necessary for
23		receiving the merchandise or services are not disclosed in
24		the same advertisement or offer. These conditions or
25		obligations include without limitation the requirement
26		that the recipient attend a promotional activity or visit a

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1		real estate site. As used in this subdivision (35), "free"
2		includes terms such as "award", "prize", "no charge", "free
3		of charge", "without charge", and similar words or phrases
4		that reasonably lead a person to believe that he or she may
5		receive or has been selected to receive something of value,
6		without any conditions or obligations on the part of the
7		recipient.
8		(36) (Blank).
9		(37) Violating the terms of a disciplinary order issued
10		by the Department.
11		(38) Paying or failing to disclose compensation in
12		violation of Article 10 of this Act.
13		(39) Requiring a party to a transaction who is not a
14		client of the licensee to allow the licensee to retain a
15		portion of the escrow moneys for payment of the licensee's
16		commission or expenses as a condition for release of the
17		escrow moneys to that party.
18		(40) Disregarding or violating any provision of this
19		Act or the published rules promulgated by the Department to
20		enforce this Act or aiding or abetting any individual,
21		partnership, registered limited liability partnership,
22		limited liability company, or corporation in disregarding
23		any provision of this Act or the published rules
24		promulgated by the Department to enforce this Act.
25		(41) Failing to provide the minimum services required
26		by Section 15-75 of this Act when acting under an exclusive

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1		brokerage agreement.
2		(42) Habitual or excessive use or addiction to alcohol,
3		narcotics, stimulants, or any other chemical agent or drug
4		that results in a managing broker, broker, or leasing
5		agent's inability to practice with reasonable skill or
6		safety.
7		(43) Enabling, aiding, or abetting an auctioneer, as
8		defined in the Auction License Act, to conduct a real
9		estate auction in a manner that is in violation of this
10		Act.
11		(44) Permitting any leasing agent or temporary leasing
12		agent permit holder to engage in activities that require a
13		broker's or managing broker's license.
14		(b) The Department may refuse to issue or renew or may
15		suspend the license of any person who fails to file a return,
16		pay the tax, penalty or interest shown in a filed return, or
17		pay any final assessment of tax, penalty, or interest, as
18		required by any tax Act administered by the Department of
19		Revenue, until such time as the requirements of that tax Act
20		are satisfied in accordance with subsection (g) of Section
21		2105-15 of the Civil Administrative Code of Illinois.
22		(c) (Blank). The Department shall deny a license or renewal
23		authorized by this Act to a person who has defaulted on an
24		educational loan or scholarship provided or guaranteed by the
25		Illinois Student Assistance Commission or any governmental
26		agency of this State in accordance with item (5) of subsection

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1		(a) of Section 2105-15 of the Civil Administrative Code of
2		Illinois.
3		(d) In cases where the Department of Healthcare and Family
4		Services (formerly Department of Public Aid) has previously
5		determined that a licensee or a potential licensee is more than
6		30 days delinquent in the payment of child support and has
7		subsequently certified the delinquency to the Department may
8		refuse to issue or renew or may revoke or suspend that person's
9		license or may take other disciplinary action against that
10		person based solely upon the certification of delinquency made
11		by the Department of Healthcare and Family Services in
12		accordance with item (5) of subsection (a) of Section 2105-15
13		of the Civil Administrative Code of Illinois.
14		(e) In enforcing this Section, the Department or Board upon
15		a showing of a possible violation may compel an individual
16		licensed to practice under this Act, or who has applied for
17		licensure under this Act, to submit to a mental or physical
18		examination, or both, as required by and at the expense of the
19		Department. The Department or Board may order the examining
20		physician to present testimony concerning the mental or
21		physical examination of the licensee or applicant. No
22		information shall be excluded by reason of any common law or
23		statutory privilege relating to communications between the
24		licensee or applicant and the examining physician. The
25		examining physicians shall be specifically designated by the
26		Board or Department. The individual to be examined may have, at

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

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1		license must be convened by the Department within 30 days after
2		the suspension and completed without appreciable delay. The
3		Department and Board shall have the authority to review the
4		subject individual's record of treatment and counseling
5		regarding the impairment to the extent permitted by applicable
6		federal statutes and regulations safeguarding the
7		confidentiality of medical records.
8		An individual licensed under this Act and affected under
9		this Section shall be afforded an opportunity to demonstrate to
10		the Department or Board that he or she can resume practice in
11		compliance with acceptable and prevailing standards under the
12		provisions of his or her license.
13		(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;
14		100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
15		(225 ILCS 458/15-45 rep.)
16		Section 885. The Real Estate Appraiser Licensing Act of
17		2002 is amended by repealing Section 15-45.
18		Section 890. The Radon Industry Licensing Act is amended by
19		changing Section 45 as follows:
20		(420 ILCS 44/45)
21		Sec. 45. Grounds for disciplinary action. The Agency may
22		refuse to issue or to renew, or may revoke, suspend, or take
23		other disciplinary action as the Agency may deem proper,

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1		including fines not to exceed $1,000 for each violation, with
2		regard to any license for any one or combination of the
3		following causes:
4		(a) Violation of this Act or its rules.
5		(b) Conviction of a crime under the laws of any United
6		States jurisdiction that is a felony or of any crime that
7		directly relates to the practice of detecting or reducing
8		the presence of radon or radon progeny. Consideration of
9		such conviction of an applicant shall be in accordance with
10		Section 46.
11		(c) Making a misrepresentation for the purpose of
12		obtaining a license.
13		(d) Professional incompetence or gross negligence in
14		the practice of detecting or reducing the presence of radon
15		or radon progeny.
16		(e) Gross malpractice, prima facie evidence of which
17		may be a conviction or judgment of malpractice in a court
18		of competent jurisdiction.
19		(f) Aiding or assisting another person in violating a
20		provision of this Act or its rules.
21		(g) Failing, within 60 days, to provide information in
22		response to a written request made by the Agency that has
23		been sent by mail to the licensee's last known address.
24		(h) Engaging in dishonorable, unethical, or
25		unprofessional conduct of a character likely to deceive,
26		defraud, or harm the public.

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1		(i) Habitual or excessive use or addiction to alcohol,
2		narcotics, stimulants, or any other chemical agent or drug
3		that results in the inability to practice with reasonable
4		judgment, skill, or safety.
5		(j) Discipline by another United States jurisdiction
6		or foreign nation, if at least one of the grounds for the
7		discipline is the same or substantially equivalent to those
8		set forth in this Section.
9		(k) Directly or indirectly giving to or receiving from
10		a person any fee, commission, rebate, or other form of
11		compensation for a professional service not actually or
12		personally rendered.
13		(l) A finding by the Agency that the licensee has
14		violated the terms of a license.
15		(m) Conviction by a court of competent jurisdiction,
16		either within or outside of this State, of a violation of a
17		law governing the practice of detecting or reducing the
18		presence of radon or radon progeny if the Agency determines
19		after investigation that the person has not been
20		sufficiently rehabilitated to warrant the public trust.
21		(n) A finding by the Agency that a license has been
22		applied for or obtained by fraudulent means.
23		(o) Practicing or attempting to practice under a name
24		other than the full name as shown on the license or any
25		other authorized name.
26		(p) Gross and willful overcharging for professional

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1		services, including filing false statements for collection
2		of fees or moneys for which services are not rendered.
3		(q) Failure to file a return or to pay the tax,
4		penalty, or interest shown in a filed return, or to pay any
5		final assessment of tax, penalty, or interest, as required
6		by a tax Act administered by the Department of Revenue,
7		until such time as the requirements of any such tax Act are
8		satisfied.
9		(r) (Blank). Failure to repay educational loans
10		guaranteed by the Illinois Student Assistance Commission,
11		as provided in Section 80 of the Nuclear Safety Law of
12		2004. However, the Agency may issue an original or renewal
13		license if the person in default has established a
14		satisfactory repayment record as determined by the
15		Illinois Student Assistance Commission.
16		(s) Failure to meet child support orders, as provided
17		in Section 10-65 of the Illinois Administrative Procedure
18		Act.
19		(t) Failure to pay a fee or civil penalty properly
20		assessed by the Agency.
21		(Source: P.A. 100-286, eff. 1-1-18.)
22		Section 900. The Attorney Act is amended by changing
23		Section 1 as follows:
24		(705 ILCS 205/1) (from Ch. 13, par. 1)

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1		Sec. 1. No person shall be permitted to practice as an
2		attorney or counselor at law within this State without having
3		previously obtained a license for that purpose from the Supreme
4		Court of this State.
5		No person shall receive any compensation directly or
6		indirectly for any legal services other than a regularly
7		licensed attorney, nor may an unlicensed person advertise or
8		hold himself or herself out to provide legal services.
9		A license, as provided for herein, constitutes the person
10		receiving the same an attorney and counselor at law, according
11		to the law and customs thereof, for and during his good
12		behavior in the practice and authorizes him to demand and
13		receive fees for any services which he may render as an
14		attorney and counselor at law in this State. No person shall be
15		granted a license or renewal authorized by this Act who has
16		defaulted on an educational loan guaranteed by the Illinois
17		Student Assistance Commission; however, a license or renewal
18		may be issued to the aforementioned persons who have
19		established a satisfactory repayment record as determined by
20		the Illinois Student Assistance Commission. No person shall be
21		granted a license or renewal authorized by this Act who is more
22		than 30 days delinquent in complying with a child support
23		order; a license or renewal may be issued, however, if the
24		person has established a satisfactory repayment record as
25		determined (i) by the Department of Healthcare and Family
26		Services (formerly Illinois Department of Public Aid) for cases

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1		being enforced under Article X of the Illinois Public Aid Code
2		or (ii) in all other cases by order of court or by written
3		agreement between the custodial parent and non-custodial
4		parent. No person shall be refused a license under this Act on
5		account of sex.
6		Any person practicing, charging or receiving fees for legal
7		services or advertising or holding himself or herself out to
8		provide legal services within this State, either directly or
9		indirectly, without being licensed to practice as herein
10		required, is guilty of contempt of court and shall be punished
11		accordingly, upon complaint being filed in any Circuit Court of
12		this State. The remedies available include, but are not limited
13		to: (i) appropriate equitable relief; (ii) a civil penalty not
14		to exceed $5,000, which shall be paid to the Illinois Equal
15		Justice Foundation; and (iii) actual damages. Such proceedings
16		shall be conducted in the Courts of the respective counties
17		where the alleged contempt has been committed in the same
18		manner as in cases of indirect contempt and with the right of
19		review by the parties thereto.
20		The provisions of this Act shall be in addition to other
21		remedies permitted by law and shall not be construed to deprive
22		courts of this State of their inherent right to punish for
23		contempt or to restrain the unauthorized practice of law.
24		Nothing in this Act shall be construed to conflict with,
25		amend, or modify Section 5 of the Corporation Practice of Law
26		Prohibition Act or prohibit representation of a party by a

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1		person who is not an attorney in a proceeding before either
2		panel of the Illinois Labor Relations Board under the Illinois
3		Public Labor Relations Act, as now or hereafter amended, the
4		Illinois Educational Labor Relations Board under the Illinois
5		Educational Labor Relations Act, as now or hereafter amended,
6		the State Civil Service Commission, the local Civil Service
7		Commissions, or the University Civil Service Merit Board, to
8		the extent allowed pursuant to rules and regulations
9		promulgated by those Boards and Commissions or the giving of
10		information, training, or advocacy or assistance in any
11		meetings or administrative proceedings held pursuant to the
12		federal Individuals with Disabilities Education Act, the
13		federal Rehabilitation Act of 1973, the federal Americans with
14		Disabilities Act of 1990, or the federal Social Security Act,
15		to the extent allowed by those laws or the federal regulations
16		or State statutes implementing those laws.
17		(Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07;
18		95-410, eff. 8-24-07.)
19		Section 905. The Illinois Securities Law of 1953 is amended
20		by changing Section 8 as follows:
21		(815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)
22		Sec. 8. Registration of dealers, limited Canadian dealers,
23		Internet portals, salespersons, investment advisers, and
24		investment adviser representatives.

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1		A. Except as otherwise provided in this subsection A, every
2		dealer, limited Canadian dealer, salesperson, investment
3		adviser, and investment adviser representative shall be
4		registered as such with the Secretary of State. No dealer or
5		salesperson need be registered as such when offering or selling
6		securities in transactions exempted by subsection A, B, C, D,
7		E, G, H, I, J, K, M, O, P, Q, R or S of Section 4 of this Act,
8		provided that such dealer or salesperson is not regularly
9		engaged in the business of offering or selling securities in
10		reliance upon the exemption set forth in subsection G or M of
11		Section 4 of this Act. No dealer, issuer or controlling person
12		shall employ a salesperson unless such salesperson is
13		registered as such with the Secretary of State or is employed
14		for the purpose of offering or selling securities solely in
15		transactions exempted by subsection A, B, C, D, E, G, H, I, J,
16		K, L, M, O, P, Q, R or S of Section 4 of this Act; provided that
17		such salesperson need not be registered when effecting
18		transactions in this State limited to those transactions
19		described in Section 15(h)(2) of the Federal 1934 Act or
20		engaging in the offer or sale of securities in respect of which
21		he or she has beneficial ownership and is a controlling person.
22		The Secretary of State may, by rule, regulation or order and
23		subject to such terms, conditions, and fees as may be
24		prescribed in such rule, regulation or order, exempt from the
25		registration requirements of this Section 8 any investment

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1		adviser, if the Secretary of State shall find that such
2		registration is not necessary in the public interest by reason
3		of the small number of clients or otherwise limited character
4		of operation of such investment adviser.
5		B. An application for registration as a dealer or limited
6		Canadian dealer, executed, verified, or authenticated by or on
7		behalf of the applicant, shall be filed with the Secretary of
8		State, in such form as the Secretary of State may by rule,
9		regulation or order prescribe, setting forth or accompanied by:
10		(1) The name and address of the applicant, the location
11		of its principal business office and all branch offices, if
12		any, and the date of its organization;
13		(2) A statement of any other Federal or state licenses
14		or registrations which have been granted the applicant and
15		whether any such licenses or registrations have ever been
16		refused, cancelled, suspended, revoked or withdrawn;
17		(3) The assets and all liabilities, including
18		contingent liabilities of the applicant, as of a date not
19		more than 60 days prior to the filing of the application;
20		(4) (a) A brief description of any civil or criminal
21		proceeding of which fraud is an essential element pending
22		against the applicant and whether the applicant has ever
23		been convicted of a felony, or of any misdemeanor of which
24		fraud is an essential element;
25		(b) A list setting forth the name, residence and

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1		business address and a 10 year occupational statement of
2		each principal of the applicant and a statement describing
3		briefly any civil or criminal proceedings of which fraud is
4		an essential element pending against any such principal and
5		the facts concerning any conviction of any such principal
6		of a felony, or of any misdemeanor of which fraud is an
7		essential element;
8		(5) If the applicant is a corporation: a list of its
9		officers and directors setting forth the residence and
10		business address of each; a 10-year occupational statement
11		of each such officer or director; and a statement
12		describing briefly any civil or criminal proceedings of
13		which fraud is an essential element pending against each
14		such officer or director and the facts concerning any
15		conviction of any officer or director of a felony, or of
16		any misdemeanor of which fraud is an essential element;
17		(6) If the applicant is a sole proprietorship, a
18		partnership, limited liability company, an unincorporated
19		association or any similar form of business organization:
20		the name, residence and business address of the proprietor
21		or of each partner, member, officer, director, trustee or
22		manager; the limitations, if any, of the liability of each
23		such individual; a 10-year occupational statement of each
24		such individual; a statement describing briefly any civil
25		or criminal proceedings of which fraud is an essential
26		element pending against each such individual and the facts

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1		concerning any conviction of any such individual of a
2		felony, or of any misdemeanor of which fraud is an
3		essential element;
4		(7) Such additional information as the Secretary of
5		State may by rule or regulation prescribe as necessary to
6		determine the applicant's financial responsibility,
7		business repute and qualification to act as a dealer.
8		(8) (a) No applicant shall be registered or
9		re-registered as a dealer or limited Canadian dealer under
10		this Section unless and until each principal of the dealer
11		has passed an examination conducted by the Secretary of
12		State or a self-regulatory organization of securities
13		dealers or similar person, which examination has been
14		designated by the Secretary of State by rule, regulation or
15		order to be satisfactory for purposes of determining
16		whether the applicant has sufficient knowledge of the
17		securities business and laws relating thereto to act as a
18		registered dealer. Any dealer who was registered on
19		September 30, 1963, and has continued to be so registered;
20		and any principal of any registered dealer, who was acting
21		in such capacity on and continuously since September 30,
22		1963; and any individual who has previously passed a
23		securities dealer examination administered by the
24		Secretary of State or any examination designated by the
25		Secretary of State to be satisfactory for purposes of
26		determining whether the applicant has sufficient knowledge

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1		of the securities business and laws relating thereto to act
2		as a registered dealer by rule, regulation or order, shall
3		not be required to pass an examination in order to continue
4		to act in such capacity. The Secretary of State may by
5		order waive the examination requirement for any principal
6		of an applicant for registration under this subsection B
7		who has had such experience or education relating to the
8		securities business as may be determined by the Secretary
9		of State to be the equivalent of such examination. Any
10		request for such a waiver shall be filed with the Secretary
11		of State in such form as may be prescribed by rule or
12		regulation.
13		(b) Unless an applicant is a member of the body
14		corporate known as the Securities Investor Protection
15		Corporation established pursuant to the Act of Congress of
16		the United States known as the Securities Investor
17		Protection Act of 1970, as amended, a member of an
18		association of dealers registered as a national securities
19		association pursuant to Section 15A of the Federal 1934
20		Act, or a member of a self-regulatory organization or stock
21		exchange in Canada which the Secretary of State has
22		designated by rule or order, an applicant shall not be
23		registered or re-registered unless and until there is filed
24		with the Secretary of State evidence that such applicant
25		has in effect insurance or other equivalent protection for
26		each client's cash or securities held by such applicant,

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1		and an undertaking that such applicant will continually
2		maintain such insurance or other protection during the
3		period of registration or re-registration. Such insurance
4		or other protection shall be in a form and amount
5		reasonably prescribed by the Secretary of State by rule or
6		regulation.
7		(9) The application for the registration of a dealer or
8		limited Canadian dealer shall be accompanied by a filing
9		fee and a fee for each branch office in this State, in each
10		case in the amount established pursuant to Section 11a of
11		this Act, which fees shall not be returnable in any event.
12		(10) The Secretary of State shall notify the dealer or
13		limited Canadian dealer by written notice (which may be by
14		electronic or facsimile transmission) of the effectiveness
15		of the registration as a dealer in this State.
16		(11) Any change which renders no longer accurate any
17		information contained in any application for registration
18		or re-registration of a dealer or limited Canadian dealer
19		shall be reported to the Secretary of State within 10
20		business days after the occurrence of such change; but in
21		respect to assets and liabilities only materially adverse
22		changes need be reported.
23		C. Any registered dealer, limited Canadian dealer, issuer,
24		or controlling person desiring to register a salesperson shall
25		file an application with the Secretary of State, in such form

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1		as the Secretary of State may by rule or regulation prescribe,
2		which the salesperson is required by this Section to provide to
3		the dealer, issuer, or controlling person, executed, verified,
4		or authenticated by the salesperson setting forth or
5		accompanied by:
6		(1) the name, residence and business address of the
7		salesperson;
8		(2) whether any federal or State license or
9		registration as dealer, limited Canadian dealer, or
10		salesperson has ever been refused the salesperson or
11		cancelled, suspended, revoked, withdrawn, barred, limited,
12		or otherwise adversely affected in a similar manner or
13		whether the salesperson has ever been censured or expelled;
14		(3) the nature of employment with, and names and
15		addresses of, employers of the salesperson for the 10 years
16		immediately preceding the date of application;
17		(4) a brief description of any civil or criminal
18		proceedings of which fraud is an essential element pending
19		against the salesperson, and whether the salesperson has
20		ever been convicted of a felony, or of any misdemeanor of
21		which fraud is an essential element;
22		(5) such additional information as the Secretary of
23		State may by rule, regulation or order prescribe as
24		necessary to determine the salesperson's business repute
25		and qualification to act as a salesperson; and
26		(6) no individual shall be registered or re-registered

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1		as a salesperson under this Section unless and until such
2		individual has passed an examination conducted by the
3		Secretary of State or a self-regulatory organization of
4		securities dealers or similar person, which examination
5		has been designated by the Secretary of State by rule,
6		regulation or order to be satisfactory for purposes of
7		determining whether the applicant has sufficient knowledge
8		of the securities business and laws relating thereto to act
9		as a registered salesperson.
10		Any salesperson who was registered prior to September
11		30, 1963, and has continued to be so registered, and any
12		individual who has passed a securities salesperson
13		examination administered by the Secretary of State or an
14		examination designated by the Secretary of State by rule,
15		regulation or order to be satisfactory for purposes of
16		determining whether the applicant has sufficient knowledge
17		of the securities business and laws relating thereto to act
18		as a registered salesperson, shall not be required to pass
19		an examination in order to continue to act as a
20		salesperson. The Secretary of State may by order waive the
21		examination requirement for any applicant for registration
22		under this subsection C who has had such experience or
23		education relating to the securities business as may be
24		determined by the Secretary of State to be the equivalent
25		of such examination. Any request for such a waiver shall be
26		filed with the Secretary of State in such form as may be

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1		prescribed by rule, regulation or order.
2		(7) The application for registration of a salesperson
3		shall be accompanied by a filing fee and a Securities Audit
4		and Enforcement Fund fee, each in the amount established
5		pursuant to Section 11a of this Act, which shall not be
6		returnable in any event.
7		(8) Any change which renders no longer accurate any
8		information contained in any application for registration
9		or re-registration as a salesperson shall be reported to
10		the Secretary of State within 10 business days after the
11		occurrence of such change. If the activities are terminated
12		which rendered an individual a salesperson for the dealer,
13		issuer or controlling person, the dealer, issuer or
14		controlling person, as the case may be, shall notify the
15		Secretary of State, in writing, within 30 days of the
16		salesperson's cessation of activities, using the
17		appropriate termination notice form.
18		(9) A registered salesperson may transfer his or her
19		registration under this Section 8 for the unexpired term
20		thereof from one registered dealer or limited Canadian
21		dealer to another by the giving of notice of the transfer
22		by the new registered dealer or limited Canadian dealer to
23		the Secretary of State in such form and subject to such
24		conditions as the Secretary of State shall by rule or
25		regulation prescribe. The new registered dealer or limited
26		Canadian dealer shall promptly file an application for

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1		registration of such salesperson as provided in this
2		subsection C, accompanied by the filing fee prescribed by
3		paragraph (7) of this subsection C.
4		C-5. Except with respect to federal covered investment
5		advisers whose only clients are investment companies as defined
6		in the Federal 1940 Act, other investment advisers, federal
7		covered investment advisers, or any similar person which the
8		Secretary of State may prescribe by rule or order, a federal
9		covered investment adviser shall file with the Secretary of
10		State, prior to acting as a federal covered investment adviser
11		in this State, such documents as have been filed with the
12		Securities and Exchange Commission as the Secretary of State by
13		rule or order may prescribe. The notification of a federal
14		covered investment adviser shall be accompanied by a
15		notification filing fee established pursuant to Section 11a of
16		this Act, which shall not be returnable in any event. Every
17		person acting as a federal covered investment adviser in this
18		State shall file a notification filing and pay an annual
19		notification filing fee established pursuant to Section 11a of
20		this Act, which is not returnable in any event. The failure to
21		file any such notification shall constitute a violation of
22		subsection D of Section 12 of this Act, subject to the
23		penalties enumerated in Section 14 of this Act. Until October
24		10, 1999 or other date as may be legally permissible, a federal
25		covered investment adviser who fails to file the notification

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1		or refuses to pay the fees as required by this subsection shall
2		register as an investment adviser with the Secretary of State
3		under Section 8 of this Act. The civil remedies provided for in
4		subsection A of Section 13 of this Act and the civil remedies
5		of rescission and appointment of receiver, conservator,
6		ancillary receiver, or ancillary conservator provided for in
7		subsection F of Section 13 of this Act shall not be available
8		against any person by reason of the failure to file any such
9		notification or to pay the notification fee or on account of
10		the contents of any such notification.
11		D. An application for registration as an investment
12		adviser, executed, verified, or authenticated by or on behalf
13		of the applicant, shall be filed with the Secretary of State,
14		in such form as the Secretary of State may by rule or
15		regulation prescribe, setting forth or accompanied by:
16		(1) The name and form of organization under which the
17		investment adviser engages or intends to engage in
18		business; the state or country and date of its
19		organization; the location of the adviser's principal
20		business office and branch offices, if any; the names and
21		addresses of the adviser's principal, partners, officers,
22		directors, and persons performing similar functions or, if
23		the investment adviser is an individual, of the individual;
24		and the number of the adviser's employees who perform
25		investment advisory functions;

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1		(2) The education, the business affiliations for the
2		past 10 years, and the present business affiliations of the
3		investment adviser and of the adviser's principal,
4		partners, officers, directors, and persons performing
5		similar functions and of any person controlling the
6		investment adviser;
7		(3) The nature of the business of the investment
8		adviser, including the manner of giving advice and
9		rendering analyses or reports;
10		(4) The nature and scope of the authority of the
11		investment adviser with respect to clients' funds and
12		accounts;
13		(5) The basis or bases upon which the investment
14		adviser is compensated;
15		(6) Whether the investment adviser or any principal,
16		partner, officer, director, person performing similar
17		functions or person controlling the investment adviser (i)
18		within 10 years of the filing of the application has been
19		convicted of a felony, or of any misdemeanor of which fraud
20		is an essential element, or (ii) is permanently or
21		temporarily enjoined by order or judgment from acting as an
22		investment adviser, underwriter, dealer, principal or
23		salesperson, or from engaging in or continuing any conduct
24		or practice in connection with any such activity or in
25		connection with the purchase or sale of any security, and
26		in each case the facts relating to the conviction, order or

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1		judgment;
2		(7) (a) A statement as to whether the investment
3		adviser is engaged or is to engage primarily in the
4		business of rendering investment supervisory services; and
5		(b) A statement that the investment adviser will
6		furnish his, her, or its clients with such information as
7		the Secretary of State deems necessary in the form
8		prescribed by the Secretary of State by rule or regulation;
9		(8) Such additional information as the Secretary of
10		State may, by rule, regulation or order prescribe as
11		necessary to determine the applicant's financial
12		responsibility, business repute and qualification to act
13		as an investment adviser.
14		(9) No applicant shall be registered or re-registered
15		as an investment adviser under this Section unless and
16		until each principal of the applicant who is actively
17		engaged in the conduct and management of the applicant's
18		advisory business in this State has passed an examination
19		or completed an educational program conducted by the
20		Secretary of State or an association of investment advisers
21		or similar person, which examination or educational
22		program has been designated by the Secretary of State by
23		rule, regulation or order to be satisfactory for purposes
24		of determining whether the applicant has sufficient
25		knowledge of the securities business and laws relating
26		thereto to conduct the business of a registered investment

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1		adviser.
2		Any person who was a registered investment adviser
3		prior to September 30, 1963, and has continued to be so
4		registered, and any individual who has passed an investment
5		adviser examination administered by the Secretary of
6		State, or passed an examination or completed an educational
7		program designated by the Secretary of State by rule,
8		regulation or order to be satisfactory for purposes of
9		determining whether the applicant has sufficient knowledge
10		of the securities business and laws relating thereto to
11		conduct the business of a registered investment adviser,
12		shall not be required to pass an examination or complete an
13		educational program in order to continue to act as an
14		investment adviser. The Secretary of State may by order
15		waive the examination or educational program requirement
16		for any applicant for registration under this subsection D
17		if the principal of the applicant who is actively engaged
18		in the conduct and management of the applicant's advisory
19		business in this State has had such experience or education
20		relating to the securities business as may be determined by
21		the Secretary of State to be the equivalent of the
22		examination or educational program. Any request for a
23		waiver shall be filed with the Secretary of State in such
24		form as may be prescribed by rule or regulation.
25		(10) No applicant shall be registered or re-registered
26		as an investment adviser under this Section 8 unless the

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1		application for registration or re-registration is
2		accompanied by an application for registration or
3		re-registration for each person acting as an investment
4		adviser representative on behalf of the adviser and a
5		Securities Audit and Enforcement Fund fee that shall not be
6		returnable in any event is paid with respect to each
7		investment adviser representative.
8		(11) The application for registration of an investment
9		adviser shall be accompanied by a filing fee and a fee for
10		each branch office in this State, in each case in the
11		amount established pursuant to Section 11a of this Act,
12		which fees shall not be returnable in any event.
13		(12) The Secretary of State shall notify the investment
14		adviser by written notice (which may be by electronic or
15		facsimile transmission) of the effectiveness of the
16		registration as an investment adviser in this State.
17		(13) Any change which renders no longer accurate any
18		information contained in any application for registration
19		or re-registration of an investment adviser shall be
20		reported to the Secretary of State within 10 business days
21		after the occurrence of the change. In respect to assets
22		and liabilities of an investment adviser that retains
23		custody of clients' cash or securities or accepts
24		pre-payment of fees in excess of $500 per client and 6 or
25		more months in advance only materially adverse changes need
26		be reported by written notice (which may be by electronic

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1		or facsimile transmission) no later than the close of
2		business on the second business day following the discovery
3		thereof.
4		(14) Each application for registration as an
5		investment adviser shall become effective automatically on
6		the 45th day following the filing of the application,
7		required documents or information, and payment of the
8		required fee unless (i) the Secretary of State has
9		registered the investment adviser prior to that date or
10		(ii) an action with respect to the applicant is pending
11		under Section 11 of this Act.
12		D-5. A registered investment adviser or federal covered
13		investment adviser desiring to register an investment adviser
14		representative shall file an application with the Secretary of
15		State, in the form as the Secretary of State may by rule or
16		order prescribe, which the investment adviser representative
17		is required by this Section to provide to the investment
18		adviser, executed, verified, or authenticated by the
19		investment adviser representative and setting forth or
20		accompanied by:
21		(1) The name, residence, and business address of the
22		investment adviser representative;
23		(2) A statement whether any federal or state license or
24		registration as a dealer, salesperson, investment adviser,
25		or investment adviser representative has ever been

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1		refused, canceled, suspended, revoked or withdrawn;
2		(3) The nature of employment with, and names and
3		addresses of, employers of the investment adviser
4		representative for the 10 years immediately preceding the
5		date of application;
6		(4) A brief description of any civil or criminal
7		proceedings, of which fraud is an essential element,
8		pending against the investment adviser representative and
9		whether the investment adviser representative has ever
10		been convicted of a felony or of any misdemeanor of which
11		fraud is an essential element;
12		(5) Such additional information as the Secretary of
13		State may by rule or order prescribe as necessary to
14		determine the investment adviser representative's business
15		repute or qualification to act as an investment adviser
16		representative;
17		(6) Documentation that the individual has passed an
18		examination conducted by the Secretary of State, an
19		organization of investment advisers, or similar person,
20		which examination has been designated by the Secretary of
21		State by rule or order to be satisfactory for purposes of
22		determining whether the applicant has sufficient knowledge
23		of the investment advisory or securities business and laws
24		relating to that business to act as a registered investment
25		adviser representative; and
26		(7) A Securities Audit and Enforcement Fund fee

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1		established under Section 11a of this Act, which shall not
2		be returnable in any event.
3		The Secretary of State may by order waive the examination
4		requirement for an applicant for registration under this
5		subsection D-5 who has had the experience or education relating
6		to the investment advisory or securities business as may be
7		determined by the Secretary of State to be the equivalent of
8		the examination. A request for a waiver shall be filed with the
9		Secretary of State in the form as may be prescribed by rule or
10		order.
11		A change that renders no longer accurate any information
12		contained in any application for registration or
13		re-registration as an investment adviser representative must
14		be reported to the Secretary of State within 10 business days
15		after the occurrence of the change. If the activities that
16		rendered an individual an investment adviser representative
17		for the investment adviser are terminated, the investment
18		adviser shall notify the Secretary of State in writing (which
19		may be by electronic or facsimile transmission), within 30 days
20		of the investment adviser representative's termination, using
21		the appropriate termination notice form as the Secretary of
22		State may prescribe by rule or order.
23		A registered investment adviser representative may
24		transfer his or her registration under this Section 8 for the
25		unexpired term of the registration from one registered
26		investment adviser to another by the giving of notice of the

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1		transfer by the new investment adviser to the Secretary of
2		State in the form and subject to the conditions as the
3		Secretary of State shall prescribe. The new registered
4		investment adviser shall promptly file an application for
5		registration of the investment adviser representative as
6		provided in this subsection, accompanied by the Securities
7		Audit and Enforcement Fund fee prescribed by paragraph (7) of
8		this subsection D-5.
9		E. (1) Subject to the provisions of subsection F of Section
10		11 of this Act, the registration of a dealer, limited Canadian
11		dealer, salesperson, investment adviser, or investment adviser
12		representative may be denied, suspended or revoked if the
13		Secretary of State finds that the dealer, limited Canadian
14		dealer, Internet portal, salesperson, investment adviser, or
15		investment adviser representative or any principal officer,
16		director, partner, member, trustee, manager or any person who
17		performs a similar function of the dealer, limited Canadian
18		dealer, Internet portal, or investment adviser:
19		(a) has been convicted of any felony during the 10 year
20		period preceding the date of filing of any application for
21		registration or at any time thereafter, or of any
22		misdemeanor of which fraud is an essential element;
23		(b) has engaged in any unethical practice in connection
24		with any security, or in any fraudulent business practice;
25		(c) has failed to account for any money or property, or

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1		has failed to deliver any security, to any person entitled
2		thereto when due or within a reasonable time thereafter;
3		(d) in the case of a dealer, limited Canadian dealer,
4		or investment adviser, is insolvent;
5		(e) in the case of a dealer, limited Canadian dealer,
6		salesperson, or registered principal of a dealer or limited
7		Canadian dealer (i) has failed reasonably to supervise the
8		securities activities of any of its salespersons or other
9		employees and the failure has permitted or facilitated a
10		violation of Section 12 of this Act or (ii) is offering or
11		selling or has offered or sold securities in this State
12		through a salesperson other than a registered salesperson,
13		or, in the case of a salesperson, is selling or has sold
14		securities in this State for a dealer, limited Canadian
15		dealer, issuer or controlling person with knowledge that
16		the dealer, limited Canadian dealer, issuer or controlling
17		person has not complied with the provisions of this Act or
18		(iii) has failed reasonably to supervise the
19		implementation of compliance measures following notice by
20		the Secretary of State of noncompliance with the Act or
21		with the regulations promulgated thereunder or both or (iv)
22		has failed to maintain and enforce written procedures to
23		supervise the types of business in which it engages and to
24		supervise the activities of its salespersons that are
25		reasonably designed to achieve compliance with applicable
26		securities laws and regulations;

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1		(f) in the case of an investment adviser, has failed
2		reasonably to supervise the advisory activities of any of
3		its investment adviser representatives or employees and
4		the failure has permitted or facilitated a violation of
5		Section 12 of this Act;
6		(g) has violated any of the provisions of this Act;
7		(h) has made any material misrepresentation to the
8		Secretary of State in connection with any information
9		deemed necessary by the Secretary of State to determine a
10		dealer's, limited Canadian dealer's, or investment
11		adviser's financial responsibility or a dealer's, limited
12		Canadian dealer's, investment adviser's, salesperson's, or
13		investment adviser representative's business repute or
14		qualifications, or has refused to furnish any such
15		information requested by the Secretary of State;
16		(i) has had a license or registration under any Federal
17		or State law regulating securities, commodity futures
18		contracts, or stock futures contracts refused, cancelled,
19		suspended, withdrawn, revoked, or otherwise adversely
20		affected in a similar manner;
21		(j) has had membership in or association with any
22		self-regulatory organization registered under the Federal
23		1934 Act or the Federal 1974 Act suspended, revoked,
24		refused, expelled, cancelled, barred, limited in any
25		capacity, or otherwise adversely affected in a similar
26		manner arising from any fraudulent or deceptive act or a

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1		practice in violation of any rule, regulation or standard
2		duly promulgated by the self-regulatory organization;
3		(k) has had any order entered against it after notice
4		and opportunity for hearing by a securities agency of any
5		state, any foreign government or agency thereof, the
6		Securities and Exchange Commission, or the Federal
7		Commodities Futures Trading Commission arising from any
8		fraudulent or deceptive act or a practice in violation of
9		any statute, rule or regulation administered or
10		promulgated by the agency or commission;
11		(l) in the case of a dealer or limited Canadian dealer,
12		fails to maintain a minimum net capital in an amount which
13		the Secretary of State may by rule or regulation require;
14		(m) has conducted a continuing course of dealing of
15		such nature as to demonstrate an inability to properly
16		conduct the business of the dealer, limited Canadian
17		dealer, salesperson, investment adviser, or investment
18		adviser representative;
19		(n) has had, after notice and opportunity for hearing,
20		any injunction or order entered against it or license or
21		registration refused, cancelled, suspended, revoked,
22		withdrawn, limited, or otherwise adversely affected in a
23		similar manner by any state or federal body, agency or
24		commission regulating banking, insurance, finance or small
25		loan companies, real estate or mortgage brokers or
26		companies, if the action resulted from any act found by the

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1		body, agency or commission to be a fraudulent or deceptive
2		act or practice in violation of any statute, rule or
3		regulation administered or promulgated by the body, agency
4		or commission;
5		(o) has failed to file a return, or to pay the tax,
6		penalty or interest shown in a filed return, or to pay any
7		final assessment of tax, penalty or interest, as required
8		by any tax Act administered by the Illinois Department of
9		Revenue, until such time as the requirements of that tax
10		Act are satisfied;
11		(p) (blank); in the case of a natural person who is a
12		dealer, limited Canadian dealer, salesperson, investment
13		adviser, or investment adviser representative, has
14		defaulted on an educational loan guaranteed by the Illinois
15		Student Assistance Commission, until the natural person
16		has established a satisfactory repayment record as
17		determined by the Illinois Student Assistance Commission;
18		(q) has failed to maintain the books and records
19		required under this Act or rules or regulations promulgated
20		under this Act or under any requirements established by the
21		Securities and Exchange Commission or a self-regulatory
22		organization;
23		(r) has refused to allow or otherwise impeded designees
24		of the Secretary of State from conducting an audit,
25		examination, inspection, or investigation provided for
26		under Section 8 or 11 of this Act;

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1		(s) has failed to maintain any minimum net capital or
2		bond requirement set forth in this Act or any rule or
3		regulation promulgated under this Act;
4		(t) has refused the Secretary of State or his or her
5		designee access to any office or location within an office
6		to conduct an investigation, audit, examination, or
7		inspection;
8		(u) has advised or caused a public pension fund or
9		retirement system established under the Illinois Pension
10		Code to make an investment or engage in a transaction not
11		authorized by that Code;
12		(v) if a corporation, limited liability company, or
13		limited liability partnership has been suspended,
14		canceled, revoked, or has failed to register as a foreign
15		corporation, limited liability company, or limited
16		liability partnership with the Secretary of State;
17		(w) is permanently or temporarily enjoined by any court
18		of competent jurisdiction, including any state, federal,
19		or foreign government, from engaging in or continuing any
20		conduct or practice involving any aspect of the securities
21		or commodities business or in any other business where the
22		conduct or practice enjoined involved investments,
23		franchises, insurance, banking, or finance;
24		(2) If the Secretary of State finds that any registrant or
25		applicant for registration is no longer in existence or has
26		ceased to do business as a dealer, limited Canadian dealer,

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1		Internet portal, salesperson, investment adviser, or
2		investment adviser representative, or is subject to an
3		adjudication as a person under legal disability or to the
4		control of a guardian, or cannot be located after reasonable
5		search, or has failed after written notice to pay to the
6		Secretary of State any additional fee prescribed by this
7		Section or specified by rule or regulation, or if a natural
8		person, has defaulted on an educational loan guaranteed by the
9		Illinois Student Assistance Commission, the Secretary of State
10		may by order cancel the registration or application.
11		(3) Withdrawal of an application for registration or
12		withdrawal from registration as a dealer, limited Canadian
13		dealer, salesperson, investment adviser, or investment adviser
14		representative becomes effective 30 days after receipt of an
15		application to withdraw or within such shorter period of time
16		as the Secretary of State may determine, unless any proceeding
17		is pending under Section 11 of this Act when the application is
18		filed or a proceeding is instituted within 30 days after the
19		application is filed. If a proceeding is pending or instituted,
20		withdrawal becomes effective at such time and upon such
21		conditions as the Secretary of State by order determines. If no
22		proceeding is pending or instituted and withdrawal
23		automatically becomes effective, the Secretary of State may
24		nevertheless institute a revocation or suspension proceeding
25		within 2 years after withdrawal became effective and enter a
26		revocation or suspension order as of the last date on which

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1		registration was effective.
2		F. The Secretary of State shall make available upon request
3		the date that each dealer, investment adviser, salesperson, or
4		investment adviser representative was granted registration,
5		together with the name and address of the dealer, limited
6		Canadian dealer, or issuer on whose behalf the salesperson is
7		registered, and all orders of the Secretary of State denying or
8		abandoning an application, or suspending or revoking
9		registration, or censuring the persons. The Secretary of State
10		may designate by rule, regulation or order the statements,
11		information or reports submitted to or filed with him or her
12		pursuant to this Section 8 which the Secretary of State
13		determines are of a sensitive nature and therefore should be
14		exempt from public disclosure. Any such statement, information
15		or report shall be deemed confidential and shall not be
16		disclosed to the public except upon the consent of the person
17		filing or submitting the statement, information or report or by
18		order of court or in court proceedings.
19		G. The registration or re-registration of a dealer or
20		limited Canadian dealer and of all salespersons registered upon
21		application of the dealer or limited Canadian dealer shall
22		expire on the next succeeding anniversary date of the
23		registration or re-registration of the dealer; and the
24		registration or re-registration of an investment adviser and of

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1		all investment adviser representatives registered upon
2		application of the investment adviser shall expire on the next
3		succeeding anniversary date of the registration of the
4		investment adviser; provided, that the Secretary of State may
5		by rule or regulation prescribe an alternate date which any
6		dealer registered under the Federal 1934 Act or a member of any
7		self-regulatory association approved pursuant thereto, a
8		member of a self-regulatory organization or stock exchange in
9		Canada, or any investment adviser may elect as the expiration
10		date of its dealer or limited Canadian dealer and salesperson
11		registrations, or the expiration date of its investment adviser
12		registration, as the case may be. A registration of a
13		salesperson registered upon application of an issuer or
14		controlling person shall expire on the next succeeding
15		anniversary date of the registration, or upon termination or
16		expiration of the registration of the securities, if any,
17		designated in the application for his or her registration or
18		the alternative date as the Secretary may prescribe by rule or
19		regulation. Subject to paragraph (9) of subsection C of this
20		Section 8, a salesperson's registration also shall terminate
21		upon cessation of his or her employment, or termination of his
22		or her appointment or authorization, in each case by the person
23		who applied for the salesperson's registration, provided that
24		the Secretary of State may by rule or regulation prescribe an
25		alternate date for the expiration of the registration.

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1		H. Applications for re-registration of dealers, limited
2		Canadian dealers, Internet portals, salespersons, investment
3		advisers, and investment adviser representatives shall be
4		filed with the Secretary of State prior to the expiration of
5		the then current registration and shall contain such
6		information as may be required by the Secretary of State upon
7		initial application with such omission therefrom or addition
8		thereto as the Secretary of State may authorize or prescribe.
9		Each application for re-registration of a dealer, limited
10		Canadian dealer, Internet portal, or investment adviser shall
11		be accompanied by a filing fee, each application for
12		re-registration as a salesperson shall be accompanied by a
13		filing fee and a Securities Audit and Enforcement Fund fee
14		established pursuant to Section 11a of this Act, and each
15		application for re-registration as an investment adviser
16		representative shall be accompanied by a Securities Audit and
17		Enforcement Fund fee established under Section 11a of this Act,
18		which shall not be returnable in any event. Notwithstanding the
19		foregoing, applications for re-registration of dealers,
20		limited Canadian dealers, Internet portals, and investment
21		advisers may be filed within 30 days following the expiration
22		of the registration provided that the applicant pays the annual
23		registration fee together with an additional amount equal to
24		the annual registration fee and files any other information or
25		documents that the Secretary of State may prescribe by rule or
26		regulation or order. Any application filed within 30 days

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1		following the expiration of the registration shall be
2		automatically effective as of the time of the earlier
3		expiration provided that the proper fee has been paid to the
4		Secretary of State.
5		Each registered dealer, limited Canadian dealer, Internet
6		portal, or investment adviser shall continue to be registered
7		if the registrant changes his, her, or its form of organization
8		provided that the dealer or investment adviser files an
9		amendment to his, her, or its application not later than 30
10		days following the occurrence of the change and pays the
11		Secretary of State a fee in the amount established under
12		Section 11a of this Act.
13		I. (1) Every registered dealer, limited Canadian dealer,
14		Internet portal, and investment adviser shall make and keep for
15		such periods, such accounts, correspondence, memoranda,
16		papers, books and records as the Secretary of State may by rule
17		or regulation prescribe. All records so required shall be
18		preserved for 3 years unless the Secretary of State by rule,
19		regulation or order prescribes otherwise for particular types
20		of records.
21		(2) Every registered dealer, limited Canadian dealer,
22		Internet portal, and investment adviser shall file such
23		financial reports as the Secretary of State may by rule or
24		regulation prescribe.
25		(3) All the books and records referred to in paragraph (1)

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1		of this subsection I are subject at any time or from time to
2		time to such reasonable periodic, special or other audits,
3		examinations, or inspections by representatives of the
4		Secretary of State, within or without this State, as the
5		Secretary of State deems necessary or appropriate in the public
6		interest or for the protection of investors.
7		(4) At the time of an audit, examination, or inspection,
8		the Secretary of State, by his or her designees, may conduct an
9		interview of any person employed or appointed by or affiliated
10		with a registered dealer, limited Canadian dealer, Internet
11		portal, or investment advisor, provided that the dealer,
12		limited Canadian dealer, Internet portal, or investment
13		advisor shall be given reasonable notice of the time and place
14		for the interview. At the option of the dealer, limited
15		Canadian dealer, Internet portal, or investment advisor, a
16		representative of the dealer or investment advisor with
17		supervisory responsibility over the individual being
18		interviewed may be present at the interview.
19		J. The Secretary of State may require by rule or regulation
20		the payment of an additional fee for the filing of information
21		or documents required to be filed by this Section which have
22		not been filed in a timely manner. The Secretary of State may
23		also require by rule or regulation the payment of an
24		examination fee for administering any examination which it may
25		conduct pursuant to subsection B, C, D, or D-5 of this Section

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1		8.
2		K. The Secretary of State may declare any application for
3		registration or limited registration under this Section 8
4		abandoned by order if the applicant fails to pay any fee or
5		file any information or document required under this Section 8
6		or by rule or regulation for more than 30 days after the
7		required payment or filing date. The applicant may petition the
8		Secretary of State for a hearing within 15 days after the
9		applicant's receipt of the order of abandonment, provided that
10		the petition sets forth the grounds upon which the applicant
11		seeks a hearing.
12		L. Any document being filed pursuant to this Section 8
13		shall be deemed filed, and any fee being paid pursuant to this
14		Section 8 shall be deemed paid, upon the date of actual receipt
15		thereof by the Secretary of State or his or her designee.
16		M. (Blank). The Secretary of State shall provide to the
17		Illinois Student Assistance Commission annually or at mutually
18		agreed periodic intervals the names and social security numbers
19		of natural persons registered under subsections B, C, D, and
20		D-5 of this Section. The Illinois Student Assistance Commission
21		shall determine if any student loan defaulter is registered as
22		a dealer, limited Canadian dealer, Internet portal
23		salesperson, or investment adviser under this Act and report

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1		its determination to the Secretary of State or his or her
2		designee.
3		(Source: P.A. 99-182, eff. 1-1-16.)
4		Section 999. Effective date. This Act takes effect upon
5		becoming law.