Public Act 100-0872

SB2439 Enrolled LRB100 18051 XWW 33240 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Career

Preservation and Student Loan Repayment Act.

Section 5. License; student loan default. Notwithstanding

any other provision of law, no governmental agency or board

established under a statute of this State may impose or refer a

matter to any other governmental agency to impose a denial,

refusal to renew, suspension, revocation, or other

disciplinary action upon a professional or occupational

license issued under the laws of this State for a person's

delinquency, default, or other failure to perform on an

educational loan or scholarship provided by or guaranteed by

the Illinois Student Assistance Commission or any governmental

agency of this State.

Section 705. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Sections 2105-15 and 2105-207 as follows:

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

(a) The Department has, subject to the provisions of the

Civil Administrative Code of Illinois, the following powers and

duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

(2) To prescribe rules and regulations for a fair and

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations; provided,

that no school, college, or university, or department of a

university, or other institution that refuses admittance

to applicants solely on account of race, color, creed, sex,

sexual orientation, or national origin shall be considered

reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

suspend, refuse to renew, place on probationary status, or

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard to

licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

occupations and to revoke, suspend, refuse to renew, place

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

any person who has defaulted on an educational loan or

scholarship provided by or guaranteed by the Illinois

Student Assistance Commission or any governmental agency

of this State; however, the Department may issue a license

or renewal if the aforementioned persons have established a

satisfactory repayment record as determined by the

Illinois Student Assistance Commission or other

appropriate governmental agency of this State.

Additionally, beginning June 1, 1996, any license issued by

the Department may be suspended or revoked if the

Department, after the opportunity for a hearing under the

appropriate licensing Act, finds that the licensee has

failed to make satisfactory repayment to the Illinois

Student Assistance Commission for a delinquent or

defaulted loan. For the purposes of this Section,

"satisfactory repayment record" shall be defined by rule.

The Department shall refuse to issue or renew a license

to, or shall suspend or revoke a license of, any person

who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified by

a court as being in violation of the Non-Support Punishment

Act for more than 60 days. The Department may, however,

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) or if the person is

determined by the court to be in compliance with the

Non-Support Punishment Act. The Department may implement

this paragraph as added by Public Act 89-6 through the use

of emergency rules in accordance with Section 5-45 of the

Illinois Administrative Procedure Act. For purposes of the

Illinois Administrative Procedure Act, the adoption of

rules to implement this paragraph shall be considered an

emergency and necessary for the public interest, safety,

and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands when

the transfer, acquisition, or acceptance is advantageous

to the State and is approved in writing by the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to the

Illinois Public Aid Code, the Illinois Marriage and

Dissolution of Marriage Act, the Non-Support of Spouse and

Children Act, the Non-Support Punishment Act, the Revised

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act

of 1984, or the Illinois Parentage Act of 2015.

Notwithstanding any provisions in this Code to the

contrary, the Department of Professional Regulation shall

not be liable under any federal or State law to any person

for any disclosure of information to the Department of

Healthcare and Family Services (formerly Illinois

Department of Public Aid) under this paragraph (8) or for

any other action taken in good faith to comply with the

requirements of this paragraph (8).

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving default on an educational

loan or scholarship provided by or guaranteed by the Illinois

Student Assistance Commission or any governmental agency of

this State or in cases involving delinquency in complying with

a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) (Blank).

(c) For the purpose of securing and preparing evidence, and

for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts appropriated

for that purpose. Those sums may be advanced to the agent when

the Director deems that procedure to be in the public interest.

Sums for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities

and other activities as set forth in this Section shall be

advanced to the agent who is to make the purchase from the

Professional Regulation Evidence Fund on vouchers signed by the

Director. The Director and those agents are authorized to

maintain one or more commercial checking accounts with any

State banking corporation or corporations organized under or

subject to the Illinois Banking Act for the deposit and

withdrawal of moneys to be used for the purposes set forth in

this Section; provided, that no check may be written nor any

withdrawal made from any such account except upon the written

signatures of 2 persons designated by the Director to write

those checks and make those withdrawals. Vouchers for those

expenditures must be signed by the Director. All such

expenditures shall be audited by the Director, and the audit

shall be submitted to the Department of Central Management

Services for approval.

(d) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Department of State Police Law (20 ILCS 2605/2605-400),

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files that is necessary to fulfill the request.

(e) The provisions of this Section do not apply to private

business and vocational schools as defined by Section 15 of the

Private Business and Vocational Schools Act of 2012.

(f) (Blank).

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

Department to any person who has failed to file a return, or to

pay the tax, penalty, or interest shown in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirement of any such tax

Act are satisfied; however, the Department may issue a license

or renewal if the person has established a satisfactory

repayment record as determined by the Illinois Department of

Revenue. For the purpose of this Section, "satisfactory

repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

signed by its Director or designee, attesting to the amount of

the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order to the

licensee's address of record or emailing a copy of the order to

the licensee's email address of record. The notice shall advise

the licensee that the suspension shall be effective 60 days

after the issuance of the Department's order unless the

Department receives, from the licensee, a request for a hearing

before the Department to dispute the matters contained in the

order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may promulgate rules for the administration

of this subsection (g).

(h) The Department may grant the title "Retired", to be

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. For

individuals licensed under the Medical Practice Act of 1987,

the title "Retired" may be used in the profile required by the

Patients' Right to Know Act. The use of the title "Retired"

shall not constitute representation of current licensure,

registration, or certification. Any person without an active

license, registration, or certificate in a profession that

requires licensure, registration, or certification shall not

be permitted to practice that profession.

(i) Within 180 days after December 23, 2009 (the effective

date of Public Act 96-852), the Department shall promulgate

rules which permit a person with a criminal record, who seeks a

license or certificate in an occupation for which a criminal

record is not expressly a per se bar, to apply to the

Department for a non-binding, advisory opinion to be provided

by the Board or body with the authority to issue the license or

certificate as to whether his or her criminal record would bar

the individual from the licensure or certification sought,

should the individual meet all other licensure requirements

including, but not limited to, the successful completion of the

relevant examinations.

(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,

eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;

100-262, eff. 8-22-17; revised 10-4-17.)

(20 ILCS 2105/2105-207)

Sec. 2105-207. Records of Department actions.

(a) Any licensee subject to a licensing Act administered by

the Division of Professional Regulation and who has been

subject to disciplinary action by the Department may file an

application with the Department on forms provided by the

Department, along with the required fee of $175, to have the

records classified as confidential, not for public release, and

considered expunged for reporting purposes if:

(1) the application is submitted more than 3 years

after the disciplinary offense or offenses occurred or

after restoration of the license, whichever is later;

(2) the licensee has had no incidents of discipline

under the licensing Act since the disciplinary offense or

offenses identified in the application occurred;

(3) the Department has no pending investigations

against the licensee; and

(4) the licensee is not currently in a disciplinary

status.

(b) An application to make disciplinary records

confidential shall only be considered by the Department for an

offense or action relating to:

(1) failure to pay taxes or student loans;

(2) continuing education;

(3) failure to renew a license on time;

(4) failure to obtain or renew a certificate of

registration or ancillary license;

(5) advertising;

(5.1) discipline based on criminal charges or

convictions:

(A) that did not arise from the licensed activity

and was unrelated to the licensed activity; or

(B) that were dismissed or for which records have

been sealed or expunged; .

(5.2) past probationary status of a license issued to

new applicants on the sole or partial basis of prior

convictions; or

(6) any grounds for discipline removed from the

licensing Act.

(c) An application shall be submitted to and considered by

the Director of the Division of Professional Regulation upon

submission of an application and the required non-refundable

fee. The Department may establish additional requirements by

rule. The Department is not required to report the removal of

any disciplinary record to any national database. Nothing in

this Section shall prohibit the Department from using a

previous discipline for any regulatory purpose or from

releasing records of a previous discipline upon request from

law enforcement, or other governmental body as permitted by

law. Classification of records as confidential shall result in

removal of records of discipline from records kept pursuant to

Sections 2105-200 and 2105-205 of this Act.

(d) Any applicant for licensure or a licensee whose

petition for review is granted by the Department pursuant to

subsection (a-1) of Section 2105-165 of this Law may file an

application with the Department on forms provided by the

Department to have records relating to his or her permanent

denial or permanent revocation classified as confidential and

not for public release and considered expunged for reporting

purposes in the same manner and under the same terms as is

provided in this Section for the offenses listed in subsection

(b) of this Section, except that the requirements of a 7-year

waiting period and the $200 application fee do not apply.

(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;

revised 10-4-17.)

(20 ILCS 3310/80 rep.)

Section 710. The Nuclear Safety Law of 2004 is amended by

repealing Section 80.

Section 715. The School Code is amended by changing Section

21B-75 as follows:

(105 ILCS 5/21B-75)

Sec. 21B-75. Suspension or revocation of license.

(a) As used in this Section, "teacher" means any school

district employee regularly required to be licensed, as

provided in this Article, in order to teach or supervise in the

public schools.

(b) The State Superintendent of Education has the exclusive

authority, in accordance with this Section and any rules

adopted by the State Board of Education, in consultation with

the State Educator Preparation and Licensure Board, to initiate

the suspension of up to 5 calendar years or revocation of any

license issued pursuant to this Article for abuse or neglect of

a child, immorality, a condition of health detrimental to the

welfare of pupils, incompetency, unprofessional conduct (which

includes the failure to disclose on an employment application

any previous conviction for a sex offense, as defined in

Section 21B-80 of this Code, or any other offense committed in

any other state or against the laws of the United States that,

if committed in this State, would be punishable as a sex

offense, as defined in Section 21B-80 of this Code), the

neglect of any professional duty, willful failure to report an

instance of suspected child abuse or neglect as required by the

Abused and Neglected Child Reporting Act, failure to establish

satisfactory repayment on an educational loan guaranteed by the

Illinois Student Assistance Commission, or other just cause.

Unprofessional conduct shall include the refusal to attend or

participate in institutes, teachers' meetings, or professional

readings or to meet other reasonable requirements of the

regional superintendent of schools or State Superintendent of

Education. Unprofessional conduct also includes conduct that

violates the standards, ethics, or rules applicable to the

security, administration, monitoring, or scoring of or the

reporting of scores from any assessment test or examination

administered under Section 2-3.64a-5 of this Code or that is

known or intended to produce or report manipulated or

artificial, rather than actual, assessment or achievement

results or gains from the administration of those tests or

examinations. Unprofessional conduct shall also include

neglect or unnecessary delay in the making of statistical and

other reports required by school officers. Incompetency shall

include, without limitation, 2 or more school terms of service

for which the license holder has received an unsatisfactory

rating on a performance evaluation conducted pursuant to

Article 24A of this Code within a period of 7 school terms of

service. In determining whether to initiate action against one

or more licenses based on incompetency and the recommended

sanction for such action, the State Superintendent shall

consider factors that include without limitation all of the

following:

(1) Whether the unsatisfactory evaluation ratings

occurred prior to June 13, 2011 (the effective date of

Public Act 97-8).

(2) Whether the unsatisfactory evaluation ratings

occurred prior to or after the implementation date, as

defined in Section 24A-2.5 of this Code, of an evaluation

system for teachers in a school district.

(3) Whether the evaluator or evaluators who performed

an unsatisfactory evaluation met the pre-licensure and

training requirements set forth in Section 24A-3 of this

Code.

(4) The time between the unsatisfactory evaluation

ratings.

(5) The quality of the remediation plans associated

with the unsatisfactory evaluation ratings and whether the

license holder successfully completed the remediation

plans.

(6) Whether the unsatisfactory evaluation ratings were

related to the same or different assignments performed by

the license holder.

(7) Whether one or more of the unsatisfactory

evaluation ratings occurred in the first year of a teaching

or administrative assignment.

When initiating an action against one or more licenses, the

State Superintendent may seek required professional

development as a sanction in lieu of or in addition to

suspension or revocation. Any such required professional

development must be at the expense of the license holder, who

may use, if available and applicable to the requirements

established by administrative or court order, training,

coursework, or other professional development funds in

accordance with the terms of an applicable collective

bargaining agreement entered into after June 13, 2011 (the

effective date of Public Act 97-8), unless that agreement

specifically precludes use of funds for such purpose.

(c) The State Superintendent of Education shall, upon

receipt of evidence of abuse or neglect of a child, immorality,

a condition of health detrimental to the welfare of pupils,

incompetency (subject to subsection (b) of this Section),

unprofessional conduct, the neglect of any professional duty,

or other just cause, further investigate and, if and as

appropriate, serve written notice to the individual and afford

the individual opportunity for a hearing prior to suspension,

revocation, or other sanction; provided that the State

Superintendent is under no obligation to initiate such an

investigation if the Department of Children and Family Services

is investigating the same or substantially similar allegations

and its child protective service unit has not made its

determination, as required under Section 7.12 of the Abused and

Neglected Child Reporting Act. If the State Superintendent of

Education does not receive from an individual a request for a

hearing within 10 days after the individual receives notice,

the suspension, revocation, or other sanction shall

immediately take effect in accordance with the notice. If a

hearing is requested within 10 days after notice of an

opportunity for hearing, it shall act as a stay of proceedings

until the State Educator Preparation and Licensure Board issues

a decision. Any hearing shall take place in the educational

service region where the educator is or was last employed and

in accordance with rules adopted by the State Board of

Education, in consultation with the State Educator Preparation

and Licensure Board, and such rules shall include without

limitation provisions for discovery and the sharing of

information between parties prior to the hearing. The standard

of proof for any administrative hearing held pursuant to this

Section shall be by the preponderance of the evidence. The

decision of the State Educator Preparation and Licensure Board

is a final administrative decision and is subject to judicial

review by appeal of either party.

The State Board of Education may refuse to issue or may

suspend the license of any person who fails to file a return or

to pay the tax, penalty, or interest shown in a filed return or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Department of

Revenue, until such time as the requirements of any such tax

Act are satisfied.

The exclusive authority of the State Superintendent of

Education to initiate suspension or revocation of a license

pursuant to this Section does not preclude a regional

superintendent of schools from cooperating with the State

Superintendent or a State's Attorney with respect to an

investigation of alleged misconduct.

(d) The State Superintendent of Education or his or her

designee may initiate and conduct such investigations as may be

reasonably necessary to establish the existence of any alleged

misconduct. At any stage of the investigation, the State

Superintendent may issue a subpoena requiring the attendance

and testimony of a witness, including the license holder, and

the production of any evidence, including files, records,

correspondence, or documents, relating to any matter in

question in the investigation. The subpoena shall require a

witness to appear at the State Board of Education at a

specified date and time and shall specify any evidence to be

produced. The license holder is not entitled to be present, but

the State Superintendent shall provide the license holder with

a copy of any recorded testimony prior to a hearing under this

Section. Such recorded testimony must not be used as evidence

at a hearing, unless the license holder has adequate notice of

the testimony and the opportunity to cross-examine the witness.

Failure of a license holder to comply with a duly issued,

investigatory subpoena may be grounds for revocation,

suspension, or denial of a license.

(e) All correspondence, documentation, and other

information so received by the regional superintendent of

schools, the State Superintendent of Education, the State Board

of Education, or the State Educator Preparation and Licensure

Board under this Section is confidential and must not be

disclosed to third parties, except (i) as necessary for the

State Superintendent of Education or his or her designee to

investigate and prosecute pursuant to this Article, (ii)

pursuant to a court order, (iii) for disclosure to the license

holder or his or her representative, or (iv) as otherwise

required in this Article and provided that any such information

admitted into evidence in a hearing is exempt from this

confidentiality and non-disclosure requirement.

(f) The State Superintendent of Education or a person

designated by him or her shall have the power to administer

oaths to witnesses at any hearing conducted before the State

Educator Preparation and Licensure Board pursuant to this

Section. The State Superintendent of Education or a person

designated by him or her is authorized to subpoena and bring

before the State Educator Preparation and Licensure Board any

person in this State and to take testimony either orally or by

deposition or by exhibit, with the same fees and mileage and in

the same manner as prescribed by law in judicial proceedings in

civil cases in circuit courts of this State.

(g) Any circuit court, upon the application of the State

Superintendent of Education or the license holder, may, by

order duly entered, require the attendance of witnesses and the

production of relevant books and papers as part of any

investigation or at any hearing the State Educator Preparation

and Licensure Board is authorized to conduct pursuant to this

Section, and the court may compel obedience to its orders by

proceedings for contempt.

(h) The State Board of Education shall receive an annual

line item appropriation to cover fees associated with the

investigation and prosecution of alleged educator misconduct

and hearings related thereto.

(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.

6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)

Section 717. The Nursing Education Scholarship Law is

amended by changing Section 4 as follows:

(110 ILCS 975/4) (from Ch. 144, par. 2754)

Sec. 4. Functions of Department. The Department shall

prepare and supervise the issuance of public information about

the provisions of this Article; prescribe the form and regulate

the submission of applications for scholarships; determine the

eligibility of applicants; award the appropriate scholarships;

prescribe the contracts or other acknowledgments of

scholarship which an applicant is required to execute; and

determine whether all or any part of a recipient's scholarship

needs to be monetarily repaid, or has been excused from

repayment, and the extent of any repayment or excused

repayment. The Department may require a recipient to reimburse

the State for expenses, including but not limited to attorney's

fees, incurred by the Department or other agent of the State

for a successful legal action against the recipient for a

breach of any provision of the scholarship contract. In a

breach of contract, the Department may utilize referral to the

Department of Professional Regulation to revoke, suspend,

refuse to renew, place on probationary status, or take other

disciplinary action concerning the recipient's credentials.

The Department is authorized to make all necessary and proper

rules, not inconsistent with this Article, for the efficient

exercise of the foregoing functions.

(Source: P.A. 92-43, eff. 1-1-02.)

Section 720. The Illinois Insurance Code is amended by

changing Section 500-70 as follows:

(215 ILCS 5/500-70)

(Section scheduled to be repealed on January 1, 2027)

Sec. 500-70. License denial, nonrenewal, or revocation.

(a) The Director may place on probation, suspend, revoke,

or refuse to issue or renew an insurance producer's license or

may levy a civil penalty in accordance with this Section or

take any combination of actions, for any one or more of the

following causes:

(1) providing incorrect, misleading, incomplete, or

materially untrue information in the license application;

(2) violating any insurance laws, or violating any

rule, subpoena, or order of the Director or of another

state's insurance commissioner;

(3) obtaining or attempting to obtain a license through

misrepresentation or fraud;

(4) improperly withholding, misappropriating or

converting any moneys or properties received in the course

of doing insurance business;

(5) intentionally misrepresenting the terms of an

actual or proposed insurance contract or application for

insurance;

(6) having been convicted of a felony, unless the

individual demonstrates to the Director sufficient

rehabilitation to warrant the public trust; consideration

of such conviction of an applicant shall be in accordance

with Section 500-76;

(7) having admitted or been found to have committed any

insurance unfair trade practice or fraud;

(8) using fraudulent, coercive, or dishonest

practices, or demonstrating incompetence,

untrustworthiness or financial irresponsibility in the

conduct of business in this State or elsewhere;

(9) having an insurance producer license, or its

equivalent, denied, suspended, or revoked in any other

state, province, district or territory;

(10) forging a name to an application for insurance or

to a document related to an insurance transaction;

(11) improperly using notes or any other reference

material to complete an examination for an insurance

license;

(12) knowingly accepting insurance business from an

individual who is not licensed;

(13) failing to comply with an administrative or court

order imposing a child support obligation;

(14) failing to pay state income tax or penalty or

interest or comply with any administrative or court order

directing payment of state income tax or failed to file a

return or to pay any final assessment of any tax due to the

Department of Revenue;

(15) (blank); or failing to make satisfactory

repayment to the Illinois Student Assistance Commission

for a delinquent or defaulted student loan; or

(16) failing to comply with any provision of the

Viatical Settlements Act of 2009.

(b) If the action by the Director is to nonrenew, suspend,

or revoke a license or to deny an application for a license,

the Director shall notify the applicant or licensee and advise,

in writing, the applicant or licensee of the reason for the

suspension, revocation, denial or nonrenewal of the

applicant's or licensee's license. The applicant or licensee

may make written demand upon the Director within 30 days after

the date of mailing for a hearing before the Director to

determine the reasonableness of the Director's action. The

hearing must be held within not fewer than 20 days nor more

than 30 days after the mailing of the notice of hearing and

shall be held pursuant to 50 Ill. Adm. Code 2402.

(c) The license of a business entity may be suspended,

revoked, or refused if the Director finds, after hearing, that

an individual licensee's violation was known or should have

been known by one or more of the partners, officers, or

managers acting on behalf of the partnership, corporation,

limited liability company, or limited liability partnership

and the violation was neither reported to the Director nor

corrective action taken.

(d) In addition to or instead of any applicable denial,

suspension, or revocation of a license, a person may, after

hearing, be subject to a civil penalty of up to $10,000 for

each cause for denial, suspension, or revocation, however, the

civil penalty may total no more than $100,000.

(e) The Director has the authority to enforce the

provisions of and impose any penalty or remedy authorized by

this Article against any person who is under investigation for

or charged with a violation of this Code or rules even if the

person's license or registration has been surrendered or has

lapsed by operation of law.

(f) Upon the suspension, denial, or revocation of a

license, the licensee or other person having possession or

custody of the license shall promptly deliver it to the

Director in person or by mail. The Director shall publish all

suspensions, denials, or revocations after the suspensions,

denials, or revocations become final in a manner designed to

notify interested insurance companies and other persons.

(g) A person whose license is revoked or whose application

is denied pursuant to this Section is ineligible to apply for

any license for 3 years after the revocation or denial. A

person whose license as an insurance producer has been revoked,

suspended, or denied may not be employed, contracted, or

engaged in any insurance related capacity during the time the

revocation, suspension, or denial is in effect.

(Source: P.A. 100-286, eff. 1-1-18.)

Section 725. The Illinois Athletic Trainers Practice Act is

amended by changing Section 16 as follows:

(225 ILCS 5/16) (from Ch. 111, par. 7616)

(Section scheduled to be repealed on January 1, 2026)

Sec. 16. Grounds for discipline.

(1) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary action as the Department may deem proper,

including fines not to exceed $10,000 for each violation, with

regard to any licensee for any one or combination of the

following:

(A) Material misstatement in furnishing information to

the Department;

(B) Violations of this Act, or of the rules or

regulations promulgated hereunder;

(C) Conviction of or plea of guilty to any crime under

the Criminal Code of 2012 or the laws of any jurisdiction

of the United States that is (i) a felony, (ii) a

misdemeanor, an essential element of which is dishonesty,

or (iii) of any crime that is directly related to the

practice of the profession;

(D) Fraud or any misrepresentation in applying for or

procuring a license under this Act, or in connection with

applying for renewal of a license under this Act;

(E) Professional incompetence or gross negligence;

(F) Malpractice;

(G) Aiding or assisting another person, firm,

partnership, or corporation in violating any provision of

this Act or rules;

(H) Failing, within 60 days, to provide information in

response to a written request made by the Department;

(I) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public;

(J) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substance that results in the inability to practice with

reasonable judgment, skill, or safety;

(K) Discipline by another state, unit of government,

government agency, the District of Columbia, territory, or

foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein;

(L) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered. Nothing in this subparagraph (L) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this subparagraph (L) shall be construed to

require an employment arrangement to receive professional

fees for services rendered;

(M) A finding by the Department that the licensee after

having his or her license disciplined has violated the

terms of probation;

(N) Abandonment of an athlete;

(O) Willfully making or filing false records or reports

in his or her practice, including but not limited to false

records filed with State agencies or departments;

(P) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act;

(Q) Physical illness, including but not limited to

deterioration through the aging process, or loss of motor

skill that results in the inability to practice the

profession with reasonable judgment, skill, or safety;

(R) Solicitation of professional services other than

by permitted institutional policy;

(S) The use of any words, abbreviations, figures or

letters with the intention of indicating practice as an

athletic trainer without a valid license as an athletic

trainer under this Act;

(T) The evaluation or treatment of ailments of human

beings other than by the practice of athletic training as

defined in this Act or the treatment of injuries of

athletes by a licensed athletic trainer except by the

referral of a physician, podiatric physician, or dentist;

(U) Willfully violating or knowingly assisting in the

violation of any law of this State relating to the use of

habit-forming drugs;

(V) Willfully violating or knowingly assisting in the

violation of any law of this State relating to the practice

of abortion;

(W) Continued practice by a person knowingly having an

infectious communicable or contagious disease;

(X) Being named as a perpetrator in an indicated report

by the Department of Children and Family Services pursuant

to the Abused and Neglected Child Reporting Act and upon

proof by clear and convincing evidence that the licensee

has caused a child to be an abused child or neglected child

as defined in the Abused and Neglected Child Reporting Act;

(Y) (Blank);

(Z) Failure to fulfill continuing education

requirements;

(AA) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act;

(BB) Practicing under a false or, except as provided by

law, assumed name;

(CC) Promotion of the sale of drugs, devices,

appliances, or goods provided in any manner to exploit the

client for the financial gain of the licensee;

(DD) Gross, willful, or continued overcharging for

professional services;

(EE) Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety; or

(FF) Cheating on or attempting to subvert the licensing

examination administered under this Act.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(2) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. Such suspension will

end only upon a finding by a court that the licensee is no

longer subject to involuntary admission or judicial admission

and issuance of an order so finding and discharging the

licensee.

(3) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(4) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is licensed under this Act or any individual who has applied

for licensure to submit to a mental or physical examination or

evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the licensee or applicant ordered to undergo

an evaluation and examination for the examining physician or

any member of the multidisciplinary team to provide

information, reports, records, or other documents or to provide

any testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination.

Failure of any individual to submit to a mental or physical

examination or evaluation, or both, when directed, shall result

in an automatic suspension without hearing, until such time as

the individual submits to the examination. If the Department

finds a licensee unable to practice because of the reasons set

forth in this Section, the Department shall require the

licensee to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed licensure.

When the Secretary immediately suspends a license under

this Section, a hearing upon such person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department shall

have the authority to review the licensee's record of treatment

and counseling regarding the impairment to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

Individuals licensed under this Act who are affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that they can resume practice in compliance with

acceptable and prevailing standards under the provisions of

their license.

(5) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(6) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(Source: P.A. 98-214, eff. 8-9-13; 99-469, eff. 8-26-15.)

Section 730. The Dietitian Nutritionist Practice Act is

amended by changing Section 95 as follows:

(225 ILCS 30/95) (from Ch. 111, par. 8401-95)

(Section scheduled to be repealed on January 1, 2023)

Sec. 95. Grounds for discipline.

(1) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 for each violation, with regard to any license or

certificate for any one or combination of the following causes:

(a) Material misstatement in furnishing information to

the Department.

(b) Violations of this Act or of rules adopted under

this Act.

(c) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States (i) that

is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession.

(d) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(e) Professional incompetence or gross negligence.

(f) Malpractice.

(g) Aiding or assisting another person in violating any

provision of this Act or its rules.

(h) Failing to provide information within 60 days in

response to a written request made by the Department.

(i) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(j) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substance that results in the inability to practice with

reasonable judgment, skill, or safety.

(k) Discipline by another state, the District of

Columbia, territory, country, or governmental agency if at

least one of the grounds for the discipline is the same or

substantially equivalent to those set forth in this Act.

(l) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered. Nothing in this

paragraph (1) affects any bona fide independent contractor

or employment arrangements among health care

professionals, health facilities, health care providers,

or other entities, except as otherwise prohibited by law.

Any employment arrangements may include provisions for

compensation, health insurance, pension, or other

employment benefits for the provision of services within

the scope of the licensee's practice under this Act.

Nothing in this paragraph (1) shall be construed to require

an employment arrangement to receive professional fees for

services rendered.

(m) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(n) Willfully making or filing false records or reports

in his or her practice, including, but not limited to,

false records filed with State agencies or departments.

(o) Allowing one's license under this Act to be used by

an unlicensed person in violation of this Act.

(p) Practicing under a false or, except as provided by

law, an assumed name.

(q) Gross and willful overcharging for professional

services.

(r) (Blank).

(s) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(t) Cheating on or attempting to subvert a licensing

examination administered under this Act.

(u) Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety.

(v) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill that results in a licensee's inability to practice

under this Act with reasonable judgment, skill, or safety.

(w) Advising an individual to discontinue, reduce,

increase, or otherwise alter the intake of a drug

prescribed by a physician licensed to practice medicine in

all its branches or by a prescriber as defined in Section

102 of the Illinois Controlled Substances Act.

(2) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, or pay the tax, penalty, or interest shown in a filed

return, or pay any final assessment of the tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(3) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(4) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Civil Administrative

Code of Illinois.

(5) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension shall

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient.

(6) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act, or who has applied for licensure under

this Act, to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physicians shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, then the Department may file a

complaint to revoke, suspend, or otherwise discipline the

license of the individual. The Secretary may order the license

suspended immediately, pending a hearing by the Department.

Fines shall not be assessed in disciplinary actions involving

physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13;

98-756, eff. 7-16-14.)

Section 735. The Environmental Health Practitioner

Licensing Act is amended by changing Section 35 as follows:

(225 ILCS 37/35)

(Section scheduled to be repealed on January 1, 2019)

Sec. 35. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary action with regard to any license issued under

this Act as the Department may consider proper, including the

imposition of fines not to exceed $5,000 for each violation,

for any one or combination of the following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act or its rules.

(3) Conviction of any felony under the laws of any U.S.

jurisdiction, any misdemeanor an essential element of

which is dishonesty, or any crime that is directly related

to the practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining a certificate of registration.

(5) Professional incompetence.

(6) Aiding or assisting another person in violating any

provision of this Act or its rules.

(7) Failing to provide information within 60 days in

response to a written request made by the Department.

(8) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public as defined by rules of the

Department.

(9) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in an environmental health practitioner's

inability to practice with reasonable judgment, skill, or

safety.

(10) Discipline by another U.S. jurisdiction or

foreign nation, if at least one of the grounds for a

discipline is the same or substantially equivalent to those

set forth in this Act.

(11) A finding by the Department that the registrant,

after having his or her license placed on probationary

status, has violated the terms of probation.

(12) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(13) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skills that result in the inability to practice the

profession with reasonable judgment, skill, or safety.

(14) Failure to comply with rules promulgated by the

Illinois Department of Public Health or other State

agencies related to the practice of environmental health.

(15) (Blank). The Department shall deny any

application for a license or renewal of a license under

this Act, without hearing, to a person who has defaulted on

an educational loan guaranteed by the Illinois Student

Assistance Commission; however, the Department may issue a

license or renewal of a license if the person in default

has established a satisfactory repayment record as

determined by the Illinois Student Assistance Commission.

(16) Solicitation of professional services by using

false or misleading advertising.

(17) A finding that the license has been applied for or

obtained by fraudulent means.

(18) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(19) Gross overcharging for professional services

including filing statements for collection of fees or

moneys for which services are not rendered.

(b) The Department may refuse to issue or may suspend the

license of any person who fails to (i) file a return, (ii) pay

the tax, penalty, or interest shown in a filed return; or (iii)

pay any final assessment of the tax, penalty, or interest as

required by any tax Act administered by the Illinois Department

of Revenue until the requirements of the tax Act are satisfied.

(c) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission to a

mental health facility as provided in the Mental Health and

Developmental Disabilities Code operates as an automatic

suspension. The suspension may end only upon a finding by a

court that the licensee is no longer subject to involuntary

admission or judicial admission, the issuance of an order so

finding and discharging the patient, and the recommendation of

the Board to the Director that the licensee be allowed to

resume practice.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any person licensed

to practice under this Act or who has applied for licensure or

certification pursuant to this Act to submit to a mental or

physical examination, or both, as required by and at the

expense of the Department. The examining physicians shall be

those specifically designated by the Department. The

Department may order the examining physician to present

testimony concerning this mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The person to be examined may have, at his

or her own expense, another physician of his or her choice

present during all aspects of the examination. Failure of any

person to submit to a mental or physical examination, when

directed, shall be grounds for suspension of a license until

the person submits to the examination if the Department finds,

after notice and hearing, that the refusal to submit to the

examination was without reasonable cause.

If the Department finds an individual unable to practice

because of the reasons set forth in this Section, the

Department may require that individual to submit to care,

counseling, or treatment by physicians approved or designated

by the Department, as a condition, term, or restriction for

continued, reinstated, or renewed licensure to practice or, in

lieu of care, counseling, or treatment, the Department may file

a complaint to immediately suspend, revoke, or otherwise

discipline the license of the individual.

Any person whose license was granted, continued,

reinstated, renewed, disciplined, or supervised subject to

such terms, conditions, or restrictions and who fails to comply

with such terms, conditions, or restrictions shall be referred

to the Director for a determination as to whether the person

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Director immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

person's record of treatment and counseling regarding the

impairment, to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

A person licensed under this Act and affected under this

Section shall be afforded an opportunity to demonstrate to the

Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 92-837, eff. 8-22-02.)

Section 740. The Funeral Directors and Embalmers Licensing

Code is amended by changing Section 15-75 as follows:

(225 ILCS 41/15-75)

(Section scheduled to be repealed on January 1, 2023)

Sec. 15-75. Violations; grounds for discipline; penalties.

(a) Each of the following acts is a Class A misdemeanor for

the first offense, and a Class 4 felony for each subsequent

offense. These penalties shall also apply to unlicensed owners

of funeral homes.

(1) Practicing the profession of funeral directing and

embalming or funeral directing, or attempting to practice

the profession of funeral directing and embalming or

funeral directing without a license as a funeral director

and embalmer or funeral director.

(2) Serving or attempting to serve as an intern under a

licensed funeral director and embalmer without a license as

a licensed funeral director and embalmer intern.

(3) Obtaining or attempting to obtain a license,

practice or business, or any other thing of value, by fraud

or misrepresentation.

(4) Permitting any person in one's employ, under one's

control or in or under one's service to serve as a funeral

director and embalmer, funeral director, or funeral

director and embalmer intern when the person does not have

the appropriate license.

(5) Failing to display a license as required by this

Code.

(6) Giving false information or making a false oath or

affidavit required by this Code.

(b) The Department may refuse to issue or renew, revoke,

suspend, place on probation or administrative supervision,

reprimand, or take other disciplinary or non-disciplinary

action as the Department may deem appropriate, including

imposing fines not to exceed $10,000 for each violation, with

regard to any license under the Code for any one or combination

of the following:

(1) Fraud or any misrepresentation in applying for or

procuring a license under this Code or in connection with

applying for renewal of a license under this Code.

(2) For licenses, conviction by plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or by sentencing of any crime, including, but not

limited to, convictions, preceding sentences of

supervision, conditional discharge, or first offender

probation, under the laws of any jurisdiction of the United

States: (i) that is a felony or (ii) that is a misdemeanor,

an essential element of which is dishonesty, or that is

directly related to the practice of the profession and, for

initial applicants, convictions set forth in Section 15-72

of this Act.

(3) Violation of the laws of this State relating to the

funeral, burial or disposition of deceased human bodies or

of the rules and regulations of the Department, or the

Department of Public Health.

(4) Directly or indirectly paying or causing to be paid

any sum of money or other valuable consideration for the

securing of business or for obtaining authority to dispose

of any deceased human body.

(5) Professional incompetence, gross negligence,

malpractice, or untrustworthiness in the practice of

funeral directing and embalming or funeral directing.

(6) (Blank).

(7) Engaging in, promoting, selling, or issuing burial

contracts, burial certificates, or burial insurance

policies in connection with the profession as a funeral

director and embalmer, funeral director, or funeral

director and embalmer intern in violation of any laws of

the State of Illinois.

(8) Refusing, without cause, to surrender the custody

of a deceased human body upon the proper request of the

person or persons lawfully entitled to the custody of the

body.

(9) Taking undue advantage of a client or clients as to

amount to the perpetration of fraud.

(10) Engaging in funeral directing and embalming or

funeral directing without a license.

(11) Encouraging, requesting, or suggesting by a

licensee or some person working on his behalf and with his

consent for compensation that a person utilize the services

of a certain funeral director and embalmer, funeral

director, or funeral establishment unless that information

has been expressly requested by the person. This does not

prohibit general advertising or pre-need solicitation.

(12) Making or causing to be made any false or

misleading statements about the laws concerning the

disposition of human remains, including, but not limited

to, the need to embalm, the need for a casket for cremation

or the need for an outer burial container.

(13) (Blank).

(14) Embalming or attempting to embalm a deceased human

body without express prior authorization of the person

responsible for making the funeral arrangements for the

body. This does not apply to cases where embalming is

directed by local authorities who have jurisdiction or when

embalming is required by State or local law. A licensee may

embalm without express prior authorization if a good faith

effort has been made to contact family members and has been

unsuccessful and the licensee has no reason to believe the

family opposes embalming.

(15) Making a false statement on a Certificate of Death

where the person making the statement knew or should have

known that the statement was false.

(16) Soliciting human bodies after death or while death

is imminent.

(17) Performing any act or practice that is a violation

of this Code, the rules for the administration of this

Code, or any federal, State or local laws, rules, or

regulations governing the practice of funeral directing or

embalming.

(18) Performing any act or practice that is a violation

of Section 2 of the Consumer Fraud and Deceptive Business

Practices Act.

(19) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public.

(20) Taking possession of a dead human body without

having first obtained express permission from the person

holding the right to control the disposition in accordance

with Section 5 of the Disposition of Remains Act or a

public agency legally authorized to direct, control or

permit the removal of deceased human bodies.

(21) Advertising in a false or misleading manner or

advertising using the name of an unlicensed person in

connection with any service being rendered in the practice

of funeral directing or funeral directing and embalming.

The use of any name of an unlicensed or unregistered person

in an advertisement so as to imply that the person will

perform services is considered misleading advertising.

Nothing in this paragraph shall prevent including the name

of any owner, officer or corporate director of a funeral

home, who is not a licensee, in any advertisement used by a

funeral home with which the individual is affiliated, if

the advertisement specifies the individual's affiliation

with the funeral home.

(22) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(23) Failing to account for or remit any monies,

documents, or personal property that belongs to others that

comes into a licensee's possession.

(24) Treating any person differently to his detriment

because of race, color, creed, gender, religion, or

national origin.

(25) Knowingly making any false statements, oral or

otherwise, of a character likely to influence, persuade or

induce others in the course of performing professional

services or activities.

(26) Willfully making or filing false records or

reports in the practice of funeral directing and embalming,

including, but not limited to, false records filed with

State agencies or departments.

(27) Failing to acquire continuing education required

under this Code.

(28) (Blank).

(29) Aiding or assisting another person in violating

any provision of this Code or rules adopted pursuant to

this Code.

(30) Failing within 10 days, to provide information in

response to a written request made by the Department.

(31) Discipline by another state, District of

Columbia, territory, foreign nation, or governmental

agency, if at least one of the grounds for the discipline

is the same or substantially equivalent to those set forth

in this Section.

(32) (Blank).

(33) Mental illness or disability which results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(34) Gross, willful, or continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not rendered.

(35) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill which results in a licensee's inability to practice

under this Code with reasonable judgment, skill, or safety.

(36) Failing to comply with any of the following

required activities:

(A) When reasonably possible, a funeral director

licensee or funeral director and embalmer licensee or

anyone acting on his or her behalf shall obtain the

express authorization of the person or persons

responsible for making the funeral arrangements for a

deceased human body prior to removing a body from the

place of death or any place it may be or embalming or

attempting to embalm a deceased human body, unless

required by State or local law. This requirement is

waived whenever removal or embalming is directed by

local authorities who have jurisdiction. If the

responsibility for the handling of the remains

lawfully falls under the jurisdiction of a public

agency, then the regulations of the public agency shall

prevail.

(B) A licensee shall clearly mark the price of any

casket offered for sale or the price of any service

using the casket on or in the casket if the casket is

displayed at the funeral establishment. If the casket

is displayed at any other location, regardless of

whether the licensee is in control of that location,

the casket shall be clearly marked and the registrant

shall use books, catalogues, brochures, or other

printed display aids to show the price of each casket

or service.

(C) At the time funeral arrangements are made and

prior to rendering the funeral services, a licensee

shall furnish a written statement of services to be

retained by the person or persons making the funeral

arrangements, signed by both parties, that shall

contain: (i) the name, address and telephone number of

the funeral establishment and the date on which the

arrangements were made; (ii) the price of the service

selected and the services and merchandise included for

that price; (iii) a clear disclosure that the person or

persons making the arrangement may decline and receive

credit for any service or merchandise not desired and

not required by law or the funeral director or the

funeral director and embalmer; (iv) the supplemental

items of service and merchandise requested and the

price of each item; (v) the terms or method of payment

agreed upon; and (vi) a statement as to any monetary

advances made by the registrant on behalf of the

family. The licensee shall maintain a copy of the

written statement of services in its permanent

records. All written statements of services are

subject to inspection by the Department.

(D) In all instances where the place of final

disposition of a deceased human body or the cremated

remains of a deceased human body is a cemetery, the

licensed funeral director and embalmer, or licensed

funeral director, who has been engaged to provide

funeral or embalming services shall remain at the

cemetery and personally witness the placement of the

human remains in their designated grave or the sealing

of the above ground depository, crypt, or urn. The

licensed funeral director or licensed funeral director

and embalmer may designate a licensed funeral director

and embalmer intern or representative of the funeral

home to be his or her witness to the placement of the

remains. If the cemetery authority, cemetery manager,

or any other agent of the cemetery takes any action

that prevents compliance with this paragraph (D), then

the funeral director and embalmer or funeral director

shall provide written notice to the Department within 5

business days after failing to comply. If the

Department receives this notice, then the Department

shall not take any disciplinary action against the

funeral director and embalmer or funeral director for a

violation of this paragraph (D) unless the Department

finds that the cemetery authority, manager, or any

other agent of the cemetery did not prevent the funeral

director and embalmer or funeral director from

complying with this paragraph (D) as claimed in the

written notice.

(E) A funeral director or funeral director and

embalmer shall fully complete the portion of the

Certificate of Death under the responsibility of the

funeral director or funeral director and embalmer and

provide all required information. In the event that any

reported information subsequently changes or proves

incorrect, a funeral director or funeral director and

embalmer shall immediately upon learning the correct

information correct the Certificate of Death.

(37) A finding by the Department that the licensee,

after having his or her license placed on probationary

status or subjected to conditions or restrictions,

violated the terms of the probation or failed to comply

with such terms or conditions.

(38) (Blank).

(39) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act

and, upon proof by clear and convincing evidence, being

found to have caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(40) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substance which results in the inability to practice

with reasonable judgment, skill, or safety.

(41) Practicing under a false or, except as provided by

law, an assumed name.

(42) Cheating on or attempting to subvert the licensing

examination administered under this Code.

(c) The Department may refuse to issue or renew or may

suspend without a hearing, as provided for in the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois, the license of any person who fails to file a return,

to pay the tax, penalty or interest shown in a filed return, or

to pay any final assessment of tax, penalty or interest as

required by any tax Act administered by the Illinois Department

of Revenue, until the time as the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois.

(d) No action may be taken under this Code against a person

licensed under this Code unless the action is commenced within

5 years after the occurrence of the alleged violations. A

continuing violation shall be deemed to have occurred on the

date when the circumstances last existed that give rise to the

alleged violation.

(e) Nothing in this Section shall be construed or enforced

to give a funeral director and embalmer, or his or her

designees, authority over the operation of a cemetery or over

cemetery employees. Nothing in this Section shall be construed

or enforced to impose duties or penalties on cemeteries with

respect to the timing of the placement of human remains in

their designated grave or the sealing of the above ground

depository, crypt, or urn due to patron safety, the allocation

of cemetery staffing, liability insurance, a collective

bargaining agreement, or other such reasons.

(f) All fines imposed under this Section shall be paid 60

days after the effective date of the order imposing the fine.

(g) (Blank). The Department shall deny a license or renewal

authorized by this Code to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of Illinois.

(h) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(i) A person not licensed under this Code who is an owner

of a funeral establishment or funeral business shall not aid,

abet, assist, procure, advise, employ, or contract with any

unlicensed person to offer funeral services or aid, abet,

assist, or direct any licensed person contrary to or in

violation of any rules or provisions of this Code. A person

violating this subsection shall be treated as a licensee for

the purposes of disciplinary action under this Section and

shall be subject to cease and desist orders as provided in this

Code, the imposition of a fine up to $10,000 for each violation

and any other penalty provided by law.

(j) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code, as amended, operates as an automatic suspension. The

suspension may end only upon a finding by a court that the

licensee is no longer subject to the involuntary admission or

judicial admission and issues an order so finding and

discharging the licensee, and upon the recommendation of the

Board to the Secretary that the licensee be allowed to resume

his or her practice.

(k) In enforcing this Code, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Code, or who has applied for licensure

under this Code, to submit to a mental or physical examination,

or both, as required by and at the expense of the Department.

The Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physician shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Code or who has

applied for a license under this Code who, because of a

physical or mental illness or disability, including, but not

limited to, deterioration through the aging process or loss of

motor skill, is unable to practice the profession with

reasonable judgment, skill, or safety, may be required by the

Department to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition, term, or restriction for continued, reinstated, or

renewed licensure to practice. Submission to care, counseling,

or treatment as required by the Department shall not be

considered discipline of a license. If the licensee refuses to

enter into a care, counseling, or treatment agreement or fails

to abide by the terms of the agreement, the Department may file

a complaint to revoke, suspend, or otherwise discipline the

license of the individual. The Secretary may order the license

suspended immediately, pending a hearing by the Department.

Fines shall not be assessed in disciplinary actions involving

physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Code and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 99-876, eff. 1-1-17; 100-201, eff. 8-18-17.)

Section 745. The Marriage and Family Therapy Licensing Act

is amended by changing Section 85 as follows:

(225 ILCS 55/85) (from Ch. 111, par. 8351-85)

(Section scheduled to be repealed on January 1, 2027)

Sec. 85. Refusal, revocation, or suspension.

(a) The Department may refuse to issue or renew a license,

or may revoke, suspend, reprimand, place on probation, or take

any other disciplinary or non-disciplinary action as the

Department may deem proper, including the imposition of fines

not to exceed $10,000 for each violation, with regard to any

license issued under the provisions of this Act for any one or

combination of the following grounds:

(1) Material misstatement in furnishing information to

the Department.

(2) Violation of any provision of this Act or its

rules.

(3) Conviction of or entry of a plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or sentencing, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element of

which is dishonesty or that is directly related to the

practice of the profession.

(4) Fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal or restoration of a license under this

Act or its rules.

(5) Professional incompetence.

(6) Gross negligence in practice under this Act.

(7) Aiding or assisting another person in violating any

provision of this Act or its rules.

(8) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public as defined by the rules of the

Department, or violating the rules of professional conduct

adopted by the Department.

(10) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, of alcohol, or any

other substance that results in the inability to practice

with reasonable judgment, skill, or safety.

(11) Discipline by another jurisdiction if at least one

of the grounds for the discipline is the same or

substantially equivalent to those set forth in this Act.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered. Nothing in this paragraph (12) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation or failed to

comply with the terms.

(14) Abandonment of a patient without cause.

(15) Willfully making or filing false records or

reports relating to a licensee's practice, including but

not limited to false records filed with State agencies or

departments.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and upon

proof by clear and convincing evidence that the licensee

has caused a child to be an abused child or neglected child

as defined in the Abused and Neglected Child Reporting Act.

(18) Physical illness or mental illness or impairment,

including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(19) Solicitation of professional services by using

false or misleading advertising.

(20) A pattern of practice or other behavior that

demonstrates incapacity or incompetence to practice under

this Act.

(21) Practicing under a false or assumed name, except

as provided by law.

(22) Gross, willful, and continued overcharging for

professional services, including filing false statements

for collection of fees or moneys for which services are not

rendered.

(23) Failure to establish and maintain records of

patient care and treatment as required by law.

(24) Cheating on or attempting to subvert the licensing

examinations administered under this Act.

(25) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(26) Being named as an abuser in a verified report by

the Department on Aging and under the Adult Protective

Services Act and upon proof by clear and convincing

evidence that the licensee abused, neglected, or

financially exploited an eligible adult as defined in the

Adult Protective Services Act.

(b) (Blank). The Department shall deny any application for

a license or renewal, without hearing, under this Act to any

person who has defaulted on an educational loan guaranteed by

the Illinois Student Assistance Commission; however, the

Department may issue a license or renewal if the person in

default has established a satisfactory repayment record as

determined by the Illinois Student Assistance Commission.

(c) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

terminate only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient, and upon the recommendation of the Board to the

Secretary that the licensee be allowed to resume his or her

practice as a licensed marriage and family therapist or an

associate licensed marriage and family therapist.

(d) The Department shall refuse to issue or may suspend the

license of any person who fails to file a return, pay the tax,

penalty, or interest shown in a filed return or pay any final

assessment of tax, penalty, or interest, as required by any tax

Act administered by the Illinois Department of Revenue, until

the time the requirements of the tax Act are satisfied.

(e) In enforcing this Section, the Department or Board upon

a showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, which may include a substance abuse or

sexual offender evaluation, as required by and at the expense

of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination or both. The

multidisciplinary team shall be led by a physician licensed to

practice medicine in all of its branches and may consist of one

or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, licensed marriage and family

therapists, and other professional and administrative staff.

Any examining physician or member of the multidisciplinary team

may require any person ordered to submit to an examination and

evaluation pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed.

The Department or Board may order the examining physician

or any member of the multidisciplinary team to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information, report, record, or other

documents in any way related to the examination shall be

excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician or any member of the

multidisciplinary team. No authorization is necessary from the

licensee or applicant ordered to undergo an examination for the

examining physician or any member of the multidisciplinary team

to provide information, reports, records, or other documents or

to provide any testimony regarding the examination and

evaluation.

The individual to be examined may have, at his or her own

expense, another physician of his or her choice present during

all aspects of this examination. However, that physician shall

be present only to observe and may not interfere in any way

with the examination.

Failure of an individual to submit to a mental or physical

examination, when ordered, shall result in an automatic

suspension of his or her license until the individual submits

to the examination.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend, revoke,

or otherwise discipline the license of the individual. An

individual whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,

conditions, or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 30 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(f) A fine shall be paid within 60 days after the effective

date of the order imposing the fine or in accordance with the

terms set forth in the order imposing the fine.

(Source: P.A. 100-372, eff. 8-25-17.)

Section 750. The Massage Licensing Act is amended by

changing Section 45 as follows:

(225 ILCS 57/45)

(Section scheduled to be repealed on January 1, 2022)

Sec. 45. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action, as the Department

considers appropriate, including the imposition of fines not to

exceed $10,000 for each violation, with regard to any license

or licensee for any one or more of the following:

(1) violations of this Act or of the rules adopted

under this Act;

(2) conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony; or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession;

(3) professional incompetence;

(4) advertising in a false, deceptive, or misleading

manner;

(5) aiding, abetting, assisting, procuring, advising,

employing, or contracting with any unlicensed person to

practice massage contrary to any rules or provisions of

this Act;

(6) engaging in immoral conduct in the commission of

any act, such as sexual abuse, sexual misconduct, or sexual

exploitation, related to the licensee's practice;

(7) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(8) practicing or offering to practice beyond the scope

permitted by law or accepting and performing professional

responsibilities which the licensee knows or has reason to

know that he or she is not competent to perform;

(9) knowingly delegating professional responsibilities

to a person unqualified by training, experience, or

licensure to perform;

(10) failing to provide information in response to a

written request made by the Department within 60 days;

(11) having a habitual or excessive use of or addiction

to alcohol, narcotics, stimulants, or any other chemical

agent or drug which results in the inability to practice

with reasonable judgment, skill, or safety;

(12) having a pattern of practice or other behavior

that demonstrates incapacity or incompetence to practice

under this Act;

(13) discipline by another state, District of

Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Section;

(14) a finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation;

(15) willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments;

(16) making a material misstatement in furnishing

information to the Department or otherwise making

misleading, deceptive, untrue, or fraudulent

representations in violation of this Act or otherwise in

the practice of the profession;

(17) fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act;

(18) inability to practice the profession with

reasonable judgment, skill, or safety as a result of

physical illness, including, but not limited to,

deterioration through the aging process, loss of motor

skill, or a mental illness or disability;

(19) charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered;

(20) practicing under a false or, except as provided by

law, an assumed name; or

(21) cheating on or attempting to subvert the licensing

examination administered under this Act.

All fines shall be paid within 60 days of the effective

date of the order imposing the fine.

(b) A person not licensed under this Act and engaged in the

business of offering massage therapy services through others,

shall not aid, abet, assist, procure, advise, employ, or

contract with any unlicensed person to practice massage therapy

contrary to any rules or provisions of this Act. A person

violating this subsection (b) shall be treated as a licensee

for the purposes of disciplinary action under this Section and

shall be subject to cease and desist orders as provided in

Section 90 of this Act.

(c) The Department shall revoke any license issued under

this Act of any person who is convicted of prostitution, rape,

sexual misconduct, or any crime that subjects the licensee to

compliance with the requirements of the Sex Offender

Registration Act and any such conviction shall operate as a

permanent bar in the State of Illinois to practice as a massage

therapist.

(d) The Department may refuse to issue or may suspend the

license of any person who fails to file a tax return, to pay

the tax, penalty, or interest shown in a filed tax return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Civil Administrative Code of Illinois.

(e) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(f) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(g) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of a court order so finding and discharging

the patient.

(h) In enforcing this Act, the Department or Board, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. The examination

shall be performed by a physician licensed to practice medicine

in all its branches. Failure of an individual to submit to a

mental or physical examination, when directed, shall result in

an automatic suspension without hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)

Section 755. The Naprapathic Practice Act is amended by

changing Section 110 as follows:

(225 ILCS 63/110)

(Section scheduled to be repealed on January 1, 2023)

Sec. 110. Grounds for disciplinary action; refusal,

revocation, suspension.

(a) The Department may refuse to issue or to renew, or may

revoke, suspend, place on probation, reprimand or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 for each violation, with regard to any licensee or

license for any one or combination of the following causes:

(1) Violations of this Act or of rules adopted under

this Act.

(2) Material misstatement in furnishing information to

the Department.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment, or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession.

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(5) Professional incompetence or gross negligence.

(6) Malpractice.

(7) Aiding or assisting another person in violating any

provision of this Act or its rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(10) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substance which results in the inability to practice

with reasonable judgment, skill, or safety.

(11) Discipline by another U.S. jurisdiction or

foreign nation if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth in this Act.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered. This shall not be deemed to include rent or other

remunerations paid to an individual, partnership, or

corporation by a naprapath for the lease, rental, or use of

space, owned or controlled by the individual, partnership,

corporation, or association. Nothing in this paragraph

(12) affects any bona fide independent contractor or

employment arrangements among health care professionals,

health facilities, health care providers, or other

entities, except as otherwise prohibited by law. Any

employment arrangements may include provisions for

compensation, health insurance, pension, or other

employment benefits for the provision of services within

the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) Using the title "Doctor" or its abbreviation

without further clarifying that title or abbreviation with

the word "naprapath" or "naprapathy" or the designation

"D.N.".

(14) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(15) Abandonment of a patient without cause.

(16) Willfully making or filing false records or

reports relating to a licensee's practice, including but

not limited to, false records filed with State agencies or

departments.

(17) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(18) Physical or mental illness or disability,

including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(19) Solicitation of professional services by means

other than permitted advertising.

(20) Failure to provide a patient with a copy of his or

her record upon the written request of the patient.

(21) Cheating on or attempting to subvert the licensing

examination administered under this Act.

(22) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(23) (Blank).

(24) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and upon

proof by clear and convincing evidence that the licensee

has caused a child to be an abused child or a neglected

child as defined in the Abused and Neglected Child

Reporting Act.

(25) Practicing under a false or, except as provided by

law, an assumed name.

(26) Immoral conduct in the commission of any act, such

as sexual abuse, sexual misconduct, or sexual

exploitation, related to the licensee's practice.

(27) Maintaining a professional relationship with any

person, firm, or corporation when the naprapath knows, or

should know, that the person, firm, or corporation is

violating this Act.

(28) Promotion of the sale of food supplements,

devices, appliances, or goods provided for a client or

patient in such manner as to exploit the patient or client

for financial gain of the licensee.

(29) Having treated ailments of human beings other than

by the practice of naprapathy as defined in this Act, or

having treated ailments of human beings as a licensed

naprapath independent of a documented referral or

documented current and relevant diagnosis from a

physician, dentist, or podiatric physician, or having

failed to notify the physician, dentist, or podiatric

physician who established a documented current and

relevant diagnosis that the patient is receiving

naprapathic treatment pursuant to that diagnosis.

(30) Use by a registered naprapath of the word

"infirmary", "hospital", "school", "university", in

English or any other language, in connection with the place

where naprapathy may be practiced or demonstrated.

(31) Continuance of a naprapath in the employ of any

person, firm, or corporation, or as an assistant to any

naprapath or naprapaths, directly or indirectly, after his

or her employer or superior has been found guilty of

violating or has been enjoined from violating the laws of

the State of Illinois relating to the practice of

naprapathy when the employer or superior persists in that

violation.

(32) The performance of naprapathic service in

conjunction with a scheme or plan with another person,

firm, or corporation known to be advertising in a manner

contrary to this Act or otherwise violating the laws of the

State of Illinois concerning the practice of naprapathy.

(33) Failure to provide satisfactory proof of having

participated in approved continuing education programs as

determined by and approved by the Secretary. Exceptions for

extreme hardships are to be defined by the rules of the

Department.

(34) (Blank).

(35) Gross or willful overcharging for professional

services.

(36) (Blank).

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the

fine.

(b) The Department may refuse to issue or may suspend

without hearing, as provided for in the Department of

Professional Regulation Law of the Civil Administrative Code,

the license of any person who fails to file a return, or pay

the tax, penalty, or interest shown in a filed return, or pay

any final assessment of the tax, penalty, or interest as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of any such tax

Act are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of Illinois.

(d) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(e) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension shall

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient.

(f) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act, or who has applied for licensure under

this Act, to submit to a mental or physical examination and

evaluation, or both, which may include a substance abuse or

sexual offender evaluation, as required by and at the expense

of the Department. The Department shall specifically designate

the examining physician licensed to practice medicine in all of

its branches or, if applicable, the multidisciplinary team

involved in providing the mental or physical examination and

evaluation, or both. The multidisciplinary team shall be led by

a physician licensed to practice medicine in all of its

branches and may consist of one or more or a combination of

physicians licensed to practice medicine in all of its

branches, licensed chiropractic physicians, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to submit

to an examination and evaluation pursuant to this Section to

submit to any additional supplemental testing deemed necessary

to complete any examination or evaluation process, including,

but not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records including business records that

relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning the examination and evaluation

of the licensee or applicant, including testimony concerning

any supplemental testing or documents in any way related to the

examination and evaluation. No information, report, record, or

other documents in any way related to the examination and

evaluation shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician or any member

of the multidisciplinary team. No authorization is necessary

from the licensee or applicant ordered to undergo an evaluation

and examination for the examining physician or any member of

the multidisciplinary team to provide information, reports,

records, or other documents or to provide any testimony

regarding the examination and evaluation. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. Failure of an individual to submit to a mental or

physical examination and evaluation, or both, when directed,

shall result in an automatic suspension without hearing, until

such time as the individual submits to the examination.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 97-778, eff. 7-13-12; 98-214, eff. 8-9-13;

98-463, eff. 8-16-13.)

Section 760. The Illinois Occupational Therapy Practice

Act is amended by changing Section 19 as follows:

(225 ILCS 75/19) (from Ch. 111, par. 3719)

(Section scheduled to be repealed on January 1, 2024)

Sec. 19. Grounds for discipline.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand or take other

disciplinary or non-disciplinary action as the Department may

deem proper, including imposing fines not to exceed $10,000 for

each violation and the assessment of costs as provided under

Section 19.3 of this Act, with regard to any license for any

one or combination of the following:

(1) Material misstatement in furnishing information to

the Department;

(2) Violations of this Act, or of the rules promulgated

thereunder;

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element of

which is dishonesty, or that is directly related to the

practice of the profession;

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act, or in connection with

applying for renewal of a license under this Act;

(5) Professional incompetence;

(6) Aiding or assisting another person, firm,

partnership or corporation in violating any provision of

this Act or rules;

(7) Failing, within 60 days, to provide information in

response to a written request made by the Department;

(8) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public;

(9) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substance that results in the inability to practice with

reasonable judgment, skill, or safety;

(10) Discipline by another state, unit of government,

government agency, the District of Columbia, a territory,

or foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein;

(11) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate or other form of compensation

for professional services not actually or personally

rendered. Nothing in this paragraph (11) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (11) shall be construed to

require an employment arrangement to receive professional

fees for services rendered;

(12) A finding by the Department that the license

holder, after having his license disciplined, has violated

the terms of the discipline;

(13) Wilfully making or filing false records or reports

in the practice of occupational therapy, including but not

limited to false records filed with the State agencies or

departments;

(14) Physical illness, including but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice under this

Act with reasonable judgment, skill, or safety;

(15) Solicitation of professional services other than

by permitted advertising;

(16) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act;

(17) Practicing under a false or, except as provided by

law, assumed name;

(18) Professional incompetence or gross negligence;

(19) Malpractice;

(20) Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in any manner

to exploit the client for financial gain of the licensee;

(21) Gross, willful, or continued overcharging for

professional services;

(22) Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety;

(23) Violating the Health Care Worker Self-Referral

Act;

(24) Having treated patients other than by the practice

of occupational therapy as defined in this Act, or having

treated patients as a licensed occupational therapist

independent of a referral from a physician, advanced

practice registered nurse or physician assistant in

accordance with Section 3.1, dentist, podiatric physician,

or optometrist, or having failed to notify the physician,

advanced practice registered nurse, physician assistant,

dentist, podiatric physician, or optometrist who

established a diagnosis that the patient is receiving

occupational therapy pursuant to that diagnosis;

(25) Cheating on or attempting to subvert the licensing

examination administered under this Act; and

(26) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(b) The determination by a circuit court that a license

holder is subject to involuntary admission or judicial

admission as provided in the Mental Health and Developmental

Disabilities Code, as now or hereafter amended, operates as an

automatic suspension. Such suspension will end only upon a

finding by a court that the patient is no longer subject to

involuntary admission or judicial admission and an order by the

court so finding and discharging the patient. In any case where

a license is suspended under this provision, the licensee shall

file a petition for restoration and shall include evidence

acceptable to the Department that the licensee can resume

practice in compliance with acceptable and prevailing

standards of their profession.

(c) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is licensed under this Act or any individual who has applied

for licensure to submit to a mental or physical examination or

evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the licensee or applicant ordered to undergo

an evaluation and examination for the examining physician or

any member of the multidisciplinary team to provide

information, reports, records, or other documents or to provide

any testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination.

Failure of any individual to submit to mental or physical

examination or evaluation, or both, when directed, shall result

in an automatic suspension without hearing, until such time as

the individual submits to the examination. If the Department

finds a licensee unable to practice because of the reasons set

forth in this Section, the Department shall require the

licensee to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed licensure.

When the Secretary immediately suspends a license under

this Section, a hearing upon such person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department shall

have the authority to review the licensee's record of treatment

and counseling regarding the impairment to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

Individuals licensed under this Act that are affected under

this Section, shall be afforded an opportunity to demonstrate

to the Department that they can resume practice in compliance

with acceptable and prevailing standards under the provisions

of their license.

(e) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(f) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(Source: P.A. 100-513, eff. 1-1-18.)

Section 765. The Orthotics, Prosthetics, and Pedorthics

Practice Act is amended by changing Section 90 as follows:

(225 ILCS 84/90)

(Section scheduled to be repealed on January 1, 2020)

Sec. 90. Grounds for discipline.

(a) The Department may refuse to issue or renew a license,

or may revoke or suspend a license, or may suspend, place on

probation, or reprimand a licensee or take other disciplinary

or non-disciplinary action as the Department may deem proper,

including, but not limited to, the imposition of fines not to

exceed $10,000 for each violation for one or any combination of

the following:

(1) Making a material misstatement in furnishing

information to the Department or the Board.

(2) Violations of or negligent or intentional

disregard of this Act or its rules.

(3) Conviction of, or entry of a plea of guilty or nolo

contendere to any crime that is a felony under the laws of

the United States or any state or territory thereof or that

is a misdemeanor of which an essential element is

dishonesty, or any crime that is directly related to the

practice of the profession.

(4) Making a misrepresentation for the purpose of

obtaining a license.

(5) A pattern of practice or other behavior that

demonstrates incapacity or incompetence to practice under

this Act.

(6) Gross negligence under this Act.

(7) Aiding or assisting another person in violating a

provision of this Act or its rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct or conduct of a character likely to

deceive, defraud, or harm the public.

(10) Inability to practice with reasonable judgment,

skill, or safety as a result of habitual or excessive use

or addiction to alcohol, narcotics, stimulants, or any

other chemical agent or drug.

(11) Discipline by another state or territory of the

United States, the federal government, or foreign nation,

if at least one of the grounds for the discipline is the

same or substantially equivalent to one set forth in this

Section.

(12) Directly or indirectly giving to or receiving from

a person, firm, corporation, partnership, or association a

fee, commission, rebate, or other form of compensation for

professional services not actually or personally rendered.

Nothing in this paragraph (12) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding by the Board that the licensee or

registrant, after having his or her license placed on

probationary status, has violated the terms of probation.

(14) Abandonment of a patient or client.

(15) Willfully making or filing false records or

reports in his or her practice including, but not limited

to, false records filed with State agencies or departments.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(17) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, or a mental illness or disability.

(18) Solicitation of professional services using false

or misleading advertising.

(b) In enforcing this Section, the Department or Board upon

a showing of a possible violation, may compel a licensee or

applicant to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department or Board may order the examining physician to

present testimony concerning the mental or physical

examination of the licensee or applicant. No information shall

be excluded by reason of any common law or statutory privilege

relating to communications between the licensee or applicant

and the examining physician. The examining physicians shall be

specifically designated by the Board or Department. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of this examination. Failure of an individual to submit

to a mental or physical examination, when directed, shall be

grounds for the immediate suspension of his or her license

until the individual submits to the examination if the

Department finds that the refusal to submit to the examination

was without reasonable cause as defined by rule.

In instances in which the Secretary immediately suspends a

person's license for his or her failure to submit to a mental

or physical examination, when directed, a hearing on that

person's license must be convened by the Department within 15

days after the suspension and completed without appreciable

delay.

In instances in which the Secretary otherwise suspends a

person's license pursuant to the results of a compelled mental

or physical examination, a hearing on that person's license

must be convened by the Department within 15 days after the

suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with subsection (a)(5) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).

(d) In cases where the Department of Healthcare and Family

Services (formerly Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department, the

Department may refuse to issue or renew or may revoke or

suspend that person's license or may take other disciplinary

action against that person based solely upon the certification

of delinquency made by the Department of Healthcare and Family

Services in accordance with subsection (a)(5) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

(e) The Department may refuse to issue or renew a license,

or may revoke or suspend a license, for failure to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).

(Source: P.A. 98-756, eff. 7-16-14.)

Section 770. The Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act is amended by

changing Section 80 as follows:

(225 ILCS 107/80)

(Section scheduled to be repealed on January 1, 2023)

Sec. 80. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act or rules adopted under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession.

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(5) Professional incompetence or gross negligence in

the rendering of professional counseling or clinical

professional counseling services.

(6) Malpractice.

(7) Aiding or assisting another person in violating any

provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Habitual or excessive use or abuse of drugs as

defined in law as controlled substances, alcohol, or any

other substance which results in inability to practice with

reasonable skill, judgment, or safety.

(11) Discipline by another jurisdiction, the District

of Columbia, territory, county, or governmental agency, if

at least one of the grounds for the discipline is the same

or substantially equivalent to those set forth in this

Section.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate or other form of compensation

for any professional service not actually rendered.

Nothing in this paragraph (12) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding by the Board that the licensee, after

having the license placed on probationary status, has

violated the terms of probation.

(14) Abandonment of a client.

(15) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act and in matters pertaining

to suspected abuse, neglect, financial exploitation, or

self-neglect of adults with disabilities and older adults

as set forth in the Adult Protective Services Act.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(18) Physical or mental illness or disability,

including, but not limited to, deterioration through the

aging process or loss of abilities and skills which results

in the inability to practice the profession with reasonable

judgment, skill, or safety.

(19) Solicitation of professional services by using

false or misleading advertising.

(20) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(21) A finding that licensure has been applied for or

obtained by fraudulent means.

(22) Practicing under a false or, except as provided by

law, an assumed name.

(23) Gross and willful overcharging for professional

services including filing statements for collection of

fees or monies for which services are not rendered.

(24) Rendering professional counseling or clinical

professional counseling services without a license or

practicing outside the scope of a license.

(25) Clinical supervisors failing to adequately and

responsibly monitor supervisees.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the

fine.

(b) (Blank). The Department shall deny, without hearing,

any application or renewal for a license under this Act to any

person who has defaulted on an educational loan guaranteed by

the Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of Illinois.

(b-5) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, pay the tax, penalty, or interest shown in a filed

return, or pay any final assessment of the tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(b-10) In cases where the Department of Healthcare and

Family Services has previously determined a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Department

of Professional Regulation Law of the Civil Administrative Code

of Illinois.

(c) The determination by a court that a licensee is subject

to involuntary admission or judicial admission as provided in

the Mental Health and Developmental Disabilities Code will

result in an automatic suspension of his or her license. The

suspension will end upon a finding by a court that the licensee

is no longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and discharging

the patient, and the recommendation of the Board to the

Secretary that the licensee be allowed to resume professional

practice.

(c-5) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act, or who has applied for licensure under

this Act, to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physicians shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(d) (Blank).

(Source: P.A. 100-201, eff. 8-18-17.)

Section 775. The Sex Offender Evaluation and Treatment

Provider Act is amended by changing Section 75 as follows:

(225 ILCS 109/75)

Sec. 75. Refusal, revocation, or suspension.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or nondisciplinary action, as the Department

considers appropriate, including the imposition of fines not to

exceed $10,000 for each violation, with regard to any license

or licensee for any one or more of the following:

(1) violations of this Act or of the rules adopted

under this Act;

(2) discipline by the Department under other state law

and rules which the licensee is subject to;

(3) conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing for any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony; or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession;

(4) professional incompetence;

(5) advertising in a false, deceptive, or misleading

manner;

(6) aiding, abetting, assisting, procuring, advising,

employing, or contracting with any unlicensed person to

provide sex offender evaluation or treatment services

contrary to any rules or provisions of this Act;

(7) engaging in immoral conduct in the commission of

any act, such as sexual abuse, sexual misconduct, or sexual

exploitation, related to the licensee's practice;

(8) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(9) practicing or offering to practice beyond the scope

permitted by law or accepting and performing professional

responsibilities which the licensee knows or has reason to

know that he or she is not competent to perform;

(10) knowingly delegating professional

responsibilities to a person unqualified by training,

experience, or licensure to perform;

(11) failing to provide information in response to a

written request made by the Department within 60 days;

(12) having a habitual or excessive use of or addiction

to alcohol, narcotics, stimulants, or any other chemical

agent or drug which results in the inability to practice

with reasonable judgment, skill, or safety;

(13) having a pattern of practice or other behavior

that demonstrates incapacity or incompetence to practice

under this Act;

(14) discipline by another state, District of

Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Section;

(15) a finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation;

(16) willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments;

(17) making a material misstatement in furnishing

information to the Department or otherwise making

misleading, deceptive, untrue, or fraudulent

representations in violation of this Act or otherwise in

the practice of the profession;

(18) fraud or misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act;

(19) inability to practice the profession with

reasonable judgment, skill, or safety as a result of

physical illness, including, but not limited to,

deterioration through the aging process, loss of motor

skill, or a mental illness or disability;

(20) charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered; or

(21) practicing under a false or, except as provided by

law, an assumed name.

All fines shall be paid within 60 days of the effective

date of the order imposing the fine.

(b) The Department may refuse to issue or may suspend the

license of any person who fails to file a tax return, to pay

the tax, penalty, or interest shown in a filed tax return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Civil Administrative Code of Illinois.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(d) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(e) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of a court order so finding and discharging

the patient.

(f) In enforcing this Act, the Department or Board, upon a

showing of a possible violation, may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physician shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. The examination

shall be performed by a physician licensed to practice medicine

in all its branches. Failure of an individual to submit to a

mental or physical examination, when directed, shall result in

an automatic suspension without hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and subject to action

under this Section shall be afforded an opportunity to

demonstrate to the Department or Board that he or she can

resume practice in compliance with acceptable and prevailing

standards under the provisions of his or her license.

(Source: P.A. 97-1098, eff. 7-1-13; 98-756, eff. 7-16-14.)

Section 780. The Illinois Speech-Language Pathology and

Audiology Practice Act is amended by changing Section 16 as

follows:

(225 ILCS 110/16) (from Ch. 111, par. 7916)

(Section scheduled to be repealed on January 1, 2028)

Sec. 16. Refusal, revocation or suspension of licenses.

(1) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, censure, reprimand or take

other disciplinary or non-disciplinary action as the

Department may deem proper, including fines not to exceed

$10,000 for each violation, with regard to any license for any

one or combination of the following causes:

(a) Fraud in procuring the license.

(b) (Blank).

(c) Willful or repeated violations of the rules of the

Department of Public Health.

(d) Division of fees or agreeing to split or divide the

fees received for speech-language pathology or audiology

services with any person for referring an individual, or

assisting in the care or treatment of an individual,

without the knowledge of the individual or his or her legal

representative. Nothing in this paragraph (d) affects any

bona fide independent contractor or employment

arrangements among health care professionals, health

facilities, health care providers, or other entities,

except as otherwise prohibited by law. Any employment

arrangements may include provisions for compensation,

health insurance, pension, or other employment benefits

for the provision of services within the scope of the

licensee's practice under this Act. Nothing in this

paragraph (d) shall be construed to require an employment

arrangement to receive professional fees for services

rendered.

(e) Employing, procuring, inducing, aiding or abetting

a person not licensed as a speech-language pathologist or

audiologist to engage in the unauthorized practice of

speech-language pathology or audiology.

(e-5) Employing, procuring, inducing, aiding, or

abetting a person not licensed as a speech-language

pathology assistant to perform the functions and duties of

a speech-language pathology assistant.

(f) Making any misrepresentations or false promises,

directly or indirectly, to influence, persuade or induce

patronage.

(g) Professional connection or association with, or

lending his or her name to another for the illegal practice

of speech-language pathology or audiology by another, or

professional connection or association with any person,

firm or corporation holding itself out in any manner

contrary to this Act.

(h) Obtaining or seeking to obtain checks, money, or

any other things of value by false or fraudulent

representations, including but not limited to, engaging in

such fraudulent practice to defraud the medical assistance

program of the Department of Healthcare and Family Services

(formerly Department of Public Aid).

(i) Practicing under a name other than his or her own.

(j) Improper, unprofessional or dishonorable conduct

of a character likely to deceive, defraud or harm the

public.

(k) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States that is (i) a felony or

(ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

the profession.

(1) Permitting a person under his or her supervision to

perform any function not authorized by this Act.

(m) A violation of any provision of this Act or rules

promulgated thereunder.

(n) Discipline by another state, the District of

Columbia, territory, or foreign nation of a license to

practice speech-language pathology or audiology or a

license to practice as a speech-language pathology

assistant in its jurisdiction if at least one of the

grounds for that discipline is the same as or the

equivalent of one of the grounds for discipline set forth

herein.

(o) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(p) Gross or repeated malpractice.

(q) Willfully making or filing false records or reports

in his or her practice as a speech-language pathologist,

speech-language pathology assistant, or audiologist,

including, but not limited to, false records to support

claims against the public assistance program of the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid).

(r) Professional incompetence as manifested by poor

standards of care or mental incompetence as declared by a

court of competent jurisdiction.

(s) Repeated irregularities in billing a third party

for services rendered to an individual. For purposes of

this Section, "irregularities in billing" shall include:

(i) reporting excessive charges for the purpose of

obtaining a total payment in excess of that usually

received by the speech-language pathologist,

speech-language pathology assistant, or audiologist

for the services rendered;

(ii) reporting charges for services not rendered;

or

(iii) incorrectly reporting services rendered for

the purpose of obtaining payment not earned.

(t) (Blank).

(u) Violation of the Health Care Worker Self-Referral

Act.

(v) Inability to practice with reasonable judgment,

skill, or safety as a result of habitual or excessive use

of or addiction to alcohol, narcotics, or stimulants or any

other chemical agent or drug or as a result of physical

illness, including, but not limited to, deterioration

through the aging process or loss of motor skill, mental

illness, or disability.

(w) Violation of the Hearing Instrument Consumer

Protection Act.

(x) Failure by a speech-language pathology assistant

and supervising speech-language pathologist to comply with

the supervision requirements set forth in Section 8.8.

(y) Willfully exceeding the scope of duties

customarily undertaken by speech-language pathology

assistants set forth in Section 8.7 that results in, or may

result in, harm to the public.

(z) Willfully failing to report an instance of

suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and

required by the Adult Protective Services Act.

(aa) Being named as a perpetrator in an indicated

report by the Department on Aging under the Adult

Protective Services Act, and upon proof by clear and

convincing evidence that the licensee has caused an

eligible adult to be abused, neglected, or financially

exploited as defined in the Adult Protective Services Act.

(bb) Violating Section 8.2 of this Act.

(cc) Violating Section 8.3 of this Act.

(2) (Blank). The Department shall deny a license or renewal

authorized by this Act to any person who has defaulted on an

educational loan guaranteed by the Illinois State Scholarship

Commission; however, the Department may issue a license or

renewal if the aforementioned persons have established a

satisfactory repayment record as determined by the Illinois

State Scholarship Commission.

(3) The entry of an order by a circuit court establishing

that any person holding a license under this Act is subject to

involuntary admission or judicial admission as provided for in

the Mental Health and Developmental Disabilities Code,

operates as an automatic suspension of that license. That

person may have his or her license restored only upon the

determination by a circuit court that the patient is no longer

subject to involuntary admission or judicial admission and the

issuance of an order so finding and discharging the patient,

and upon the Board's recommendation to the Department that the

license be restored. Where the circumstances so indicate, the

Board may recommend to the Department that it require an

examination prior to restoring any license automatically

suspended under this subsection.

(4) The Department may refuse to issue or may suspend the

license of any person who fails to file a return, or to pay the

tax, penalty, or interest shown in a filed return, or to pay

any final assessment of the tax penalty or interest, as

required by any tax Act administered by the Department of

Revenue, until such time as the requirements of any such tax

Act are satisfied.

(5) In enforcing this Section, the Board upon a showing of

a possible violation may compel an individual licensed to

practice under this Act, or who has applied for licensure

pursuant to this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The examining physicians or clinical psychologists

shall be those specifically designated by the Board. The

individual to be examined may have, at his or her own expense,

another physician or clinical psychologist of his or her choice

present during all aspects of this examination. Failure of any

individual to submit to a mental or physical examination, when

directed, shall be grounds for suspension of his or her license

until the individual submits to the examination if the Board

finds, after notice and hearing, that the refusal to submit to

the examination was without reasonable cause.

If the Board finds an individual unable to practice because

of the reasons set forth in this Section, the Board may require

that individual to submit to care, counseling, or treatment by

physicians or clinical psychologists approved or designated by

the Board, as a condition, term, or restriction for continued,

restored, or renewed licensure to practice; or, in lieu of

care, counseling, or treatment, the Board may recommend to the

Department to file a complaint to immediately suspend, revoke,

or otherwise discipline the license of the individual. Any

individual whose license was granted, continued, restored,

renewed, disciplined or supervised subject to such terms,

conditions, or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Board.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Board within 15 days after the

suspension and completed without appreciable delay. The Board

shall have the authority to review the subject individual's

record of treatment and counseling regarding the impairment to

the extent permitted by applicable federal statutes and

regulations safeguarding the confidentiality of medical

records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Board that he or she can resume practice in compliance with

acceptable and prevailing standards under the provisions of his

or her license.

(Source: P.A. 100-530, eff. 1-1-18.)

Section 785. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by changing Section 25 as follows:

(225 ILCS 115/25) (from Ch. 111, par. 7025)

(Section scheduled to be repealed on January 1, 2024)

Sec. 25. Disciplinary actions.

1. The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 for each violation and the assessment of costs as

provided for in Section 25.3 of this Act, with regard to any

license or certificate for any one or combination of the

following:

A. Material misstatement in furnishing information to

the Department.

B. Violations of this Act, or of the rules adopted

pursuant to this Act.

C. Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element of

which is dishonesty, or that is directly related to the

practice of the profession.

D. Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

E. Professional incompetence.

F. Malpractice.

G. Aiding or assisting another person in violating any

provision of this Act or rules.

H. Failing, within 60 days, to provide information in

response to a written request made by the Department.

I. Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

J. Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substance that results in the inability to practice with

reasonable judgment, skill, or safety.

K. Discipline by another state, unit of government,

government agency, District of Columbia, territory, or

foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein.

L. Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

M. A finding by the Board that the licensee or

certificate holder, after having his license or

certificate placed on probationary status, has violated

the terms of probation.

N. Willfully making or filing false records or reports

in his practice, including but not limited to false records

filed with State agencies or departments.

O. Physical illness, including but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice under this

Act with reasonable judgment, skill, or safety.

P. Solicitation of professional services other than

permitted advertising.

Q. Allowing one's license under this Act to be used by

an unlicensed person in violation of this Act.

R. Conviction of or cash compromise of a charge or

violation of the Harrison Act or the Illinois Controlled

Substances Act, regulating narcotics.

S. Fraud or dishonesty in applying, treating, or

reporting on tuberculin or other biological tests.

T. Failing to report, as required by law, or making

false report of any contagious or infectious diseases.

U. Fraudulent use or misuse of any health certificate,

shipping certificate, brand inspection certificate, or

other blank forms used in practice that might lead to the

dissemination of disease or the transportation of diseased

animals dead or alive; or dilatory methods, willful

neglect, or misrepresentation in the inspection of milk,

meat, poultry, and the by-products thereof.

V. Conviction on a charge of cruelty to animals.

W. Failure to keep one's premises and all equipment

therein in a clean and sanitary condition.

X. Failure to provide satisfactory proof of having

participated in approved continuing education programs.

Y. Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety.

Z. Conviction by any court of competent jurisdiction,

either within or outside this State, of any violation of

any law governing the practice of veterinary medicine, if

the Department determines, after investigation, that the

person has not been sufficiently rehabilitated to warrant

the public trust.

AA. Promotion of the sale of drugs, devices,

appliances, or goods provided for a patient in any manner

to exploit the client for financial gain of the

veterinarian.

BB. Gross, willful, or continued overcharging for

professional services.

CC. Practicing under a false or, except as provided by

law, an assumed name.

DD. Violating state or federal laws or regulations

relating to controlled substances or legend drugs.

EE. Cheating on or attempting to subvert the licensing

examination administered under this Act.

FF. Using, prescribing, or selling a prescription drug

or the extra-label use of a prescription drug by any means

in the absence of a valid veterinarian-client-patient

relationship.

GG. Failing to report a case of suspected aggravated

cruelty, torture, or animal fighting pursuant to Section

3.07 or 4.01 of the Humane Care for Animals Act or Section

26-5 or 48-1 of the Criminal Code of 1961 or the Criminal

Code of 2012.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

2. The determination by a circuit court that a licensee or

certificate holder is subject to involuntary admission or

judicial admission as provided in the Mental Health and

Developmental Disabilities Code operates as an automatic

suspension. The suspension will end only upon a finding by a

court that the patient is no longer subject to involuntary

admission or judicial admission and issues an order so finding

and discharging the patient. In any case where a license is

suspended under this provision, the licensee shall file a

petition for restoration and shall include evidence acceptable

to the Department that the licensee can resume practice in

compliance with acceptable and prevailing standards of his or

her profession.

3. All proceedings to suspend, revoke, place on

probationary status, or take any other disciplinary action as

the Department may deem proper, with regard to a license or

certificate on any of the foregoing grounds, must be commenced

within 5 years after receipt by the Department of a complaint

alleging the commission of or notice of the conviction order

for any of the acts described in this Section. Except for

proceedings brought for violations of items (CC), (DD), or

(EE), no action shall be commenced more than 5 years after the

date of the incident or act alleged to have violated this

Section. In the event of the settlement of any claim or cause

of action in favor of the claimant or the reduction to final

judgment of any civil action in favor of the plaintiff, the

claim, cause of action, or civil action being grounded on the

allegation that a person licensed or certified under this Act

was negligent in providing care, the Department shall have an

additional period of one year from the date of the settlement

or final judgment in which to investigate and begin formal

disciplinary proceedings under Section 25.2 of this Act, except

as otherwise provided by law. The time during which the holder

of the license or certificate was outside the State of Illinois

shall not be included within any period of time limiting the

commencement of disciplinary action by the Department.

4. The Department may refuse to issue or may suspend

without hearing, as provided for in the Illinois Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

5. In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is registered under this Act or any individual who has applied

for registration to submit to a mental or physical examination

or evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the registrant or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the registrant or applicant ordered to

undergo an evaluation and examination for the examining

physician or any member of the multidisciplinary team to

provide information, reports, records, or other documents or to

provide any testimony regarding the examination and

evaluation. The individual to be examined may have, at his or

her own expense, another physician of his or her choice present

during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination or evaluation, or both, when directed, shall result

in an automatic suspension without hearing, until such time as

the individual submits to the examination. If the Department

finds a registrant unable to practice because of the reasons

set forth in this Section, the Department shall require such

registrant to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed registration.

In instances in which the Secretary immediately suspends a

registration under this Section, a hearing upon such person's

registration must be convened by the Department within 15 days

after such suspension and completed without appreciable delay.

The Department shall have the authority to review the

registrant's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

Individuals registered under this Act who are affected

under this Section, shall be afforded an opportunity to

demonstrate to the Department that they can resume practice in

compliance with acceptable and prevailing standards under the

provisions of their registration.

6. (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Civil Administrative

Code of Illinois.

7. In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)

Section 790. The Registered Surgical Assistant and

Registered Surgical Technologist Title Protection Act is

amended by changing Section 75 as follows:

(225 ILCS 130/75)

(Section scheduled to be repealed on January 1, 2024)

Sec. 75. Grounds for disciplinary action.

(a) The Department may refuse to issue, renew, or restore a

registration, may revoke or suspend a registration, or may

place on probation, reprimand, or take other disciplinary or

non-disciplinary action with regard to a person registered

under this Act, including but not limited to the imposition of

fines not to exceed $10,000 for each violation and the

assessment of costs as provided for in Section 90, for any one

or combination of the following causes:

(1) Making a material misstatement in furnishing

information to the Department.

(2) Violating a provision of this Act or rules adopted

under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States that is

(i) a felony or (ii) a misdemeanor, an essential element of

which is dishonesty, or that is directly related to the

practice of the profession.

(4) Fraud or misrepresentation in applying for,

renewing, restoring, reinstating, or procuring a

registration under this Act.

(5) Aiding or assisting another person in violating a

provision of this Act or its rules.

(6) Failing to provide information within 60 days in

response to a written request made by the Department.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public, as defined by rule of the

Department.

(8) Discipline by another United States jurisdiction,

governmental agency, unit of government, or foreign

nation, if at least one of the grounds for discipline is

the same or substantially equivalent to those set forth in

this Section.

(9) Directly or indirectly giving to or receiving from

a person, firm, corporation, partnership, or association a

fee, commission, rebate, or other form of compensation for

professional services not actually or personally rendered.

Nothing in this paragraph (9) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the registrant's practice under this

Act. Nothing in this paragraph (9) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(10) A finding by the Department that the registrant,

after having his or her registration placed on probationary

status, has violated the terms of probation.

(11) Willfully making or filing false records or

reports in his or her practice, including but not limited

to false records or reports filed with State agencies.

(12) Willfully making or signing a false statement,

certificate, or affidavit to induce payment.

(13) Willfully failing to report an instance of

suspected child abuse or neglect as required under the

Abused and Neglected Child Reporting Act.

(14) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and upon

proof by clear and convincing evidence that the registrant

has caused a child to be an abused child or neglected child

as defined in the Abused and Neglected Child Reporting Act.

(15) (Blank).

(16) Failure to report to the Department (A) any

adverse final action taken against the registrant by

another registering or licensing jurisdiction, government

agency, law enforcement agency, or any court or (B)

liability for conduct that would constitute grounds for

action as set forth in this Section.

(17) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substance that results in the inability to practice

with reasonable judgment, skill, or safety.

(18) Physical or mental illness, including but not

limited to deterioration through the aging process or loss

of motor skills, which results in the inability to practice

the profession for which he or she is registered with

reasonable judgment, skill, or safety.

(19) Gross malpractice.

(20) Immoral conduct in the commission of an act

related to the registrant's practice, including but not

limited to sexual abuse, sexual misconduct, or sexual

exploitation.

(21) Violation of the Health Care Worker Self-Referral

Act.

(b) The Department may refuse to issue or may suspend

without hearing the registration of a person who fails to file

a return, to pay the tax, penalty, or interest shown in a filed

return, or to pay a final assessment of the tax, penalty, or

interest as required by a tax Act administered by the

Department of Revenue, until the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Regulation Law of the Civil

Administrative Code of Illinois.

(c) The determination by a circuit court that a registrant

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon (1) a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

(2) issuance of an order so finding and discharging the

patient, and (3) filing of a petition for restoration

demonstrating fitness to practice.

(d) (Blank). The Department shall deny a registration or

renewal authorized by this Act to a person who has defaulted on

an educational loan or scholarship provided or guaranteed by

the Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Department of

Regulation Law of the Civil Administrative Code of Illinois.

(e) In cases where the Department of Healthcare and Family

Services has previously determined a registrant or a potential

registrant is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's registration or may take

other disciplinary action against that person based solely upon

the certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(f) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual

registered under this Act or any individual who has applied for

registration to submit to a mental or physical examination and

evaluation, or both, that may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation, or

both. The multidisciplinary team shall be led by a physician

licensed to practice medicine in all of its branches and may

consist of one or more or a combination of physicians licensed

to practice medicine in all of its branches, licensed

chiropractic physicians, licensed clinical psychologists,

licensed clinical social workers, licensed clinical

professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to submit

to an examination and evaluation pursuant to this Section to

submit to any additional supplemental testing deemed necessary

to complete any examination or evaluation process, including,

but not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the registrant or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the registrant or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the registrant or applicant ordered to

undergo an evaluation and examination for the examining

physician or any member of the multidisciplinary team to

provide information, reports, records, or other documents or to

provide any testimony regarding the examination and

evaluation. The individual to be examined may have, at his or

her own expense, another physician of his or her choice present

during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination and evaluation, or both, when directed, shall

result in an automatic suspension without a hearing until such

time as the individual submits to the examination. If the

Department finds a registrant unable to practice because of the

reasons set forth in this Section, the Department shall require

such registrant to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed registration.

When the Secretary immediately suspends a registration

under this Section, a hearing upon such person's registration

must be convened by the Department within 15 days after such

suspension and completed without appreciable delay. The

Department shall have the authority to review the registrant's

record of treatment and counseling regarding the impairment to

the extent permitted by applicable federal statutes and

regulations safeguarding the confidentiality of medical

records.

Individuals registered under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that they can resume practice in compliance with

acceptable and prevailing standards under the provisions of

their registration.

(g) All fines imposed under this Section shall be paid

within 60 days after the effective date of the order imposing

the fine or in accordance with the terms set forth in the order

imposing the fine.

(Source: P.A. 98-364, eff. 12-31-13.)

Section 795. The Genetic Counselor Licensing Act is amended

by changing Section 95 as follows:

(225 ILCS 135/95)

(Section scheduled to be repealed on January 1, 2025)

Sec. 95. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act, or any of its rules.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States: (i) that is a felony or

(ii) that is a misdemeanor, an essential element of which

is dishonesty, or that is directly related to the practice

of genetic counseling.

(4) Making any misrepresentation for the purpose of

obtaining a license, or violating any provision of this Act

or its rules.

(5) Negligence in the rendering of genetic counseling

services.

(6) Failure to provide genetic testing results and any

requested information to a referring physician licensed to

practice medicine in all its branches, advanced practice

registered nurse, or physician assistant.

(7) Aiding or assisting another person in violating any

provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Failing to maintain the confidentiality of any

information received from a client, unless otherwise

authorized or required by law.

(10.5) Failure to maintain client records of services

provided and provide copies to clients upon request.

(11) Exploiting a client for personal advantage,

profit, or interest.

(12) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

which results in inability to practice with reasonable

skill, judgment, or safety.

(13) Discipline by another governmental agency or unit

of government, by any jurisdiction of the United States, or

by a foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth in this Section.

(14) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional service not actually rendered.

Nothing in this paragraph (14) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (14) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(15) A finding by the Department that the licensee,

after having the license placed on probationary status has

violated the terms of probation.

(16) Failing to refer a client to other health care

professionals when the licensee is unable or unwilling to

adequately support or serve the client.

(17) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(18) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(19) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(20) Physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills which results in the inability to

practice the profession with reasonable judgment, skill,

or safety.

(21) Solicitation of professional services by using

false or misleading advertising.

(22) Failure to file a return, or to pay the tax,

penalty of interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue or any successor agency or the Internal Revenue

Service or any successor agency.

(23) Fraud or making any misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act.

(24) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(25) Gross overcharging for professional services,

including filing statements for collection of fees or

monies for which services are not rendered.

(26) (Blank).

(27) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(28) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(b) (Blank). The Department shall deny, without hearing,

any application or renewal for a license under this Act to any

person who has defaulted on an educational loan guaranteed by

the Illinois Student Assistance Commission; however, the

Department may issue a license or renewal if the person in

default has established a satisfactory repayment record as

determined by the Illinois Student Assistance Commission.

(c) The determination by a court that a licensee is subject

to involuntary admission or judicial admission as provided in

the Mental Health and Developmental Disabilities Code will

result in an automatic suspension of his or her license. The

suspension will end upon a finding by a court that the licensee

is no longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and discharging

the patient, and the determination of the Secretary that the

licensee be allowed to resume professional practice.

(d) The Department may refuse to issue or renew or may

suspend without hearing the license of any person who fails to

file a return, to pay the tax penalty or interest shown in a

filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any Act regarding the

payment of taxes administered by the Illinois Department of

Revenue until the requirements of the Act are satisfied in

accordance with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(e) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Department

of Professional Regulation Law of the Civil Administrative Code

of Illinois.

(f) All fines or costs imposed under this Section shall be

paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine.

(Source: P.A. 99-173, eff. 7-29-15; 99-633, eff. 1-1-17;

100-201, eff. 8-18-17; 100-513, eff. 1-1-18.)

Section 800. The Illinois Architecture Practice Act of 1989

is amended by changing Section 22 as follows:

(225 ILCS 305/22) (from Ch. 111, par. 1322)

(Section scheduled to be repealed on January 1, 2020)

Sec. 22. Refusal, suspension and revocation of licenses;

causes.

(a) The Department may, singularly or in combination,

refuse to issue, renew or restore, or may suspend, revoke,

place on probation, or take other disciplinary or

non-disciplinary action as deemed appropriate, including, but

not limited to, the imposition of fines not to exceed $10,000

for each violation, as the Department may deem proper, with

regard to a license for any one or combination of the following

causes:

(1) material misstatement in furnishing information to

the Department;

(2) negligence, incompetence or misconduct in the

practice of architecture;

(3) failure to comply with any of the provisions of

this Act or any of the rules;

(4) making any misrepresentation for the purpose of

obtaining licensure;

(5) purposefully making false statements or signing

false statements, certificates or affidavits to induce

payment;

(6) conviction of or plea of guilty or nolo contendere

to any crime that is a felony under the laws of the United

States or any state or territory thereof or that is a

misdemeanor, an essential element of which is dishonesty,

or any crime that is directly related to the practice of

the profession of architecture;

(7) aiding or assisting another person in violating any

provision of this Act or its rules;

(8) signing, affixing the architect's seal or

permitting the architect's seal to be affixed to any

technical submission not prepared by the architect or under

that architect's responsible control;

(9) engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public;

(10) habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in the inability to practice with reasonable

judgment, skill, or safety;

(11) making a statement of compliance pursuant to the

Environmental Barriers Act that technical submissions

prepared by the architect or prepared under the architect's

responsible control for construction or alteration of an

occupancy required to be in compliance with the

Environmental Barriers Act are in compliance with the

Environmental Barriers Act when such technical submissions

are not in compliance;

(12) a finding by the Board that an applicant or

registrant has failed to pay a fine imposed by the

Department or a registrant, whose license has been placed

on probationary status, has violated the terms of

probation;

(13) discipline by another state, territory, foreign

country, the District of Columbia, the United States

government, or any other governmental agency, if at least

one of the grounds for discipline is the same or

substantially equivalent to those set forth herein;

(14) failure to provide information in response to a

written request made by the Department within 30 days after

the receipt of such written request;

(15) physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, mental illness, or disability which results in the

inability to practice the profession with reasonable

judgment, skill, and safety, including without limitation

deterioration through the aging process, mental illness,

or disability.

(a-5) In enforcing this Section, the Department or Board,

upon a showing of a possible violation, may order a licensee or

applicant to submit to a mental or physical examination, or

both, at the expense of the Department. The Department or Board

may order the examining physician to present testimony

concerning his or her examination of the licensee or applicant.

No information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The licensee or applicant may have, at his

or her own expense, another physician of his or her choice

present during all aspects of the examination. Failure of a

licensee or applicant to submit to any such examination when

directed, without reasonable cause as defined by rule, shall be

grounds for either the immediate suspension of his or her

license or immediate denial of his or her application.

If the Secretary immediately suspends the license of a

licensee for his or her failure to submit to a mental or

physical examination when directed, a hearing must be convened

by the Department within 15 days after the suspension and

completed without appreciable delay.

If the Secretary otherwise suspends a license pursuant to

the results of the licensee's mental or physical examination, a

hearing must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

licensee's record of treatment and counseling regarding the

relevant impairment or impairments to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

Any licensee suspended under this subsection (a-5) shall be

afforded an opportunity to demonstrate to the Department or

Board that he or she can resume practice in compliance with the

acceptable and prevailing standards under the provisions of his

or her license.

(b) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. Such suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

the issuance of an order so finding and discharging the

patient, and the recommendation of the Board to the Secretary

that the licensee be allowed to resume practice.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with subdivision (a)(5) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois.

(d) In cases where the Department of Healthcare and Family

Services (formerly the Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department, the

Department shall refuse to issue or renew or shall revoke or

suspend that person's license or shall take other disciplinary

action against that person based solely upon the certification

of delinquency made by the Department of Healthcare and Family

Services in accordance with subdivision (a)(5) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois.

(e) The Department shall deny a license or renewal

authorized by this Act to a person who has failed to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois.

(f) Persons who assist the Department as consultants or

expert witnesses in the investigation or prosecution of alleged

violations of the Act, licensure matters, restoration

proceedings, or criminal prosecutions, shall not be liable for

damages in any civil action or proceeding as a result of such

assistance, except upon proof of actual malice. The attorney

general shall defend such persons in any such action or

proceeding.

(Source: P.A. 98-756, eff. 7-16-14.)

Section 805. The Interior Design Title Act is amended by

changing Section 13 as follows:

(225 ILCS 310/13) (from Ch. 111, par. 8213)

(Section scheduled to be repealed on January 1, 2022)

Sec. 13. Refusal, revocation or suspension of

registration. The Department may refuse to issue, renew, or

restore or may revoke, suspend, place on probation, reprimand

or take other disciplinary action as the Department may deem

proper, including fines not to exceed $5,000 for each

violation, with regard to any registration for any one or

combination of the following causes:

(a) Fraud in procuring the certificate of

registration.

(b) Habitual intoxication or addiction to the use of

drugs.

(c) Making any misrepresentations or false promises,

directly or indirectly, to influence, persuade, or induce

patronage.

(d) Professional connection or association with, or

lending his or her name, to another for illegal use of the

title "registered interior designer", or professional

connection or association with any person, firm, or

corporation holding itself out in any manner contrary to

this Act.

(e) Obtaining or seeking to obtain checks, money, or

any other items of value by false or fraudulent

representations.

(f) Use of the title under a name other than his or her

own.

(g) Improper, unprofessional, or dishonorable conduct

of a character likely to deceive, defraud, or harm the

public.

(h) Conviction in this or another state, or federal

court, of any crime which is a felony, if the Department

determines, after investigation, that such person has not

been sufficiently rehabilitated to warrant the public

trust.

(i) A violation of any provision of this Act or its

rules.

(j) Revocation by another state, the District of

Columbia, territory, or foreign nation of an interior

design or residential interior design registration if at

least one of the grounds for that revocation is the same as

or the equivalent of one of the grounds for revocation set

forth in this Act.

(k) Mental incompetence as declared by a court of

competent jurisdiction.

(l) Being named as a perpetrator in an indicated report

by the Department of Children and Family Services pursuant

to the Abused and Neglected Child Reporting Act, and upon

proof by clear and convincing evidence that the registrant

has caused a child to be an abused child or neglected child

as defined in the Abused and Neglected Child Reporting Act.

The Department shall deny a registration or renewal

authorized by this Act to any person who has defaulted on an

educational loan guaranteed by the Illinois Student Assistance

Commission; however, the Department may issue a certificate of

registration or renewal if such person has established a

satisfactory repayment record as determined by the Illinois

Student Assistance Commission.

The Department may refuse to issue or may suspend the

registration of any person who fails to file a return, or to

pay the tax, penalty, or interest showing in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of any such tax

Act are satisfied.

The entry of a decree by any circuit court establishing

that any person holding a certificate of registration under

this Act is a person subject to involuntary admission under the

Mental Health and Developmental Disabilities Code shall

operate as a suspension of that registration. That person may

resume using the title "registered interior designer" only upon

a finding by the Board that he or she has been determined to be

no longer subject to involuntary admission by the court and

upon the Board's recommendation to the Director that he or she

be permitted to resume using the title "registered interior

designer".

(Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10.)

Section 810. The Professional Engineering Practice Act of

1989 is amended by changing Section 24 as follows:

(225 ILCS 325/24) (from Ch. 111, par. 5224)

(Section scheduled to be repealed on January 1, 2020)

Sec. 24. Rules of professional conduct; disciplinary or

administrative action.

(a) The Department shall adopt rules setting standards of

professional conduct and establish appropriate penalties for

the breach of such rules.

(a-1) The Department may, singularly or in combination,

refuse to issue, renew, or restore a license or may revoke,

suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action with regard to a person

licensed under this Act, including but not limited to, the

imposition of a fine not to exceed $10,000 per violation upon

any person, corporation, partnership, or professional design

firm licensed or registered under this Act, for any one or

combination of the following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act or any of its rules.

(3) Conviction of or entry of a plea of guilty or nolo

contendere to any crime that is a felony under the laws of

the United States or any state or territory thereof, or

that is a misdemeanor, an essential element of which is

dishonesty, or any crime that is directly related to the

practice of engineering.

(4) Making any misrepresentation for the purpose of

obtaining, renewing, or restoring a license or violating

any provision of this Act or the rules promulgated under

this Act pertaining to advertising.

(5) Willfully making or signing a false statement,

certificate, or affidavit to induce payment.

(6) Negligence, incompetence or misconduct in the

practice of professional engineering as a licensed

professional engineer or in working as an engineer intern.

(7) Aiding or assisting another person in violating any

provision of this Act or its rules.

(8) Failing to provide information in response to a

written request made by the Department within 30 days after

receipt of such written request.

(9) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public.

(10) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, or mental illness or disability.

(11) Discipline by the United States Government,

another state, District of Columbia, territory, foreign

nation or government agency, if at least one of the grounds

for the discipline is the same or substantially equivalent

to those set forth in this Act.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership or association

any fee, commission, rebate or other form of compensation

for any professional services not actually or personally

rendered.

(13) A finding by the Department that an applicant or

registrant has failed to pay a fine imposed by the

Department, a registrant whose license has been placed on

probationary status has violated the terms of probation, or

a registrant has practiced on an expired, inactive,

suspended, or revoked license.

(14) Signing, affixing the professional engineer's

seal or permitting the professional engineer's seal to be

affixed to any technical submissions not prepared as

required by Section 14 or completely reviewed by the

professional engineer or under the professional engineer's

direct supervision.

(15) Inability to practice the profession with

reasonable judgment, skill or safety as a result of

habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug.

(16) The making of a statement pursuant to the

Environmental Barriers Act that a plan for construction or

alteration of a public facility or for construction of a

multi-story housing unit is in compliance with the

Environmental Barriers Act when such plan is not in

compliance.

(17) (Blank).

(a-2) The Department shall deny a license or renewal

authorized by this Act to a person who has failed to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).

(a-3) (Blank). The Department shall deny a license or

renewal authorized by this Act to a person who has defaulted on

an educational loan or scholarship provided or guaranteed by

the Illinois Student Assistance Commission or any governmental

agency of this State in accordance with subdivision (a)(5) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).

(a-4) In cases where the Department of Healthcare and

Family Services (formerly the Department of Public Aid) has

previously determined that a licensee or a potential licensee

is more than 30 days delinquent in the payment of child support

and has subsequently certified the delinquency to the

Department, the Department shall refuse to issue or renew or

shall revoke or suspend that person's license or shall take

other disciplinary action against that person based solely upon

the certification of delinquency made by the Department of

Healthcare and Family Services in accordance with subdivision

(a)(5) of Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of Illinois (20

ILCS 2105/2105-15).

(a-5) In enforcing this Section, the Department or Board,

upon a showing of a possible violation, may order a licensee or

applicant to submit to a mental or physical examination, or

both, at the expense of the Department. The Department or Board

may order the examining physician to present testimony

concerning his or her examination of the licensee or applicant.

No information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The licensee or applicant may have, at his

or her own expense, another physician of his or her choice

present during all aspects of the examination. Failure of a

licensee or applicant to submit to any such examination when

directed, without reasonable cause as defined by rule, shall be

grounds for either the immediate suspension of his or her

license or immediate denial of his or her application.

If the Secretary immediately suspends the license of a

licensee for his or her failure to submit to a mental or

physical examination when directed, a hearing must be convened

by the Department within 15 days after the suspension and

completed without appreciable delay.

If the Secretary otherwise suspends a license pursuant to

the results of the licensee's mental or physical examination, a

hearing must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

licensee's record of treatment and counseling regarding the

relevant impairment or impairments to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

Any licensee suspended under this subsection (a-5) shall be

afforded an opportunity to demonstrate to the Department or

Board that he or she can resume practice in compliance with the

acceptable and prevailing standards under the provisions of his

or her license.

(b) The determination by a circuit court that a registrant

is subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code, as now or hereafter amended, operates as an automatic

suspension. Such suspension will end only upon a finding by a

court that the patient is no longer subject to involuntary

admission or judicial admission, the issuance of an order so

finding and discharging the patient, and the recommendation of

the Board to the Director that the registrant be allowed to

resume practice.

(Source: P.A. 98-756, eff. 7-16-14.)

Section 815. The Illinois Professional Land Surveyor Act of

1989 is amended by changing Section 27 as follows:

(225 ILCS 330/27) (from Ch. 111, par. 3277)

(Section scheduled to be repealed on January 1, 2020)

Sec. 27. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew a license,

or may place on probation or administrative supervision,

suspend, or revoke any license, or may reprimand or take any

disciplinary or non-disciplinary action as the Department may

deem proper, including the imposition of fines not to exceed

$10,000 per violation, upon any person, corporation,

partnership, or professional land surveying firm licensed or

registered under this Act for any of the following reasons:

(1) material misstatement in furnishing information to

the Department;

(2) violation, including, but not limited to, neglect

or intentional disregard, of this Act, or its rules;

(3) conviction of, or entry of a plea of guilty or nolo

contendere to, any crime that is a felony under the laws of

the United States or any state or territory thereof or that

is a misdemeanor of which an essential element is

dishonesty, or any crime that is directly related to the

practice of the profession;

(4) making any misrepresentation for the purpose of

obtaining a license, or in applying for restoration or

renewal, or the practice of any fraud or deceit in taking

any examination to qualify for licensure under this Act;

(5) purposefully making false statements or signing

false statements, certificates, or affidavits to induce

payment;

(6) proof of carelessness, incompetence, negligence,

or misconduct in practicing land surveying;

(7) aiding or assisting another person in violating any

provision of this Act or its rules;

(8) failing to provide information in response to a

written request made by the Department within 30 days after

receipt of such written request;

(9) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(10) inability to practice with reasonable judgment,

skill, or safety as a result of habitual or excessive use

of, or addiction to, alcohol, narcotics, stimulants or any

other chemical agent or drug;

(11) discipline by the United States government,

another state, District of Columbia, territory, foreign

nation or government agency if at least one of the grounds

for the discipline is the same or substantially equivalent

to those set forth in this Act;

(12) directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered;

(12.5) issuing a map or plat of survey where the fee

for professional services is contingent on a real estate

transaction closing;

(13) a finding by the Department that an applicant or

licensee has failed to pay a fine imposed by the Department

or a licensee whose license has been placed on probationary

status has violated the terms of probation;

(14) practicing on an expired, inactive, suspended, or

revoked license;

(15) signing, affixing the Professional Land

Surveyor's seal or permitting the Professional Land

Surveyor's seal to be affixed to any map or plat of survey

not prepared by the Professional Land Surveyor or under the

Professional Land Surveyor's direct supervision and

control;

(16) inability to practice the profession with

reasonable judgment, skill, or safety as a result of

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill or a mental illness or disability;

(17) (blank); or

(18) failure to adequately supervise or control land

surveying operations being performed by subordinates.

(a-5) In enforcing this Section, the Department or Board,

upon a showing of a possible violation, may compel a person

licensed to practice under this Act, or who has applied for

licensure or certification pursuant to this Act, to submit to a

mental or physical examination, or both, as required by and at

the expense of the Department. The Department or Board may

order the examining physician to present testimony concerning

the mental or physical examination of the licensee or

applicant. No information shall be excluded by reason of any

common law or statutory privilege relating to communications

between the licensee or applicant and the examining physician.

The examining physicians shall be specifically designated by

the Board or Department. The individual to be examined may

have, at his or her own expense, another physician of his or

her choice present during all aspects of the examination.

Failure of an individual to submit to a mental or physical

examination when directed shall be grounds for the immediate

suspension of his or her license until the individual submits

to the examination if the Department finds that the refusal to

submit to the examination was without reasonable cause as

defined by rule.

If the Secretary immediately suspends the license of a

licensee for his or her failure to submit to a mental or

physical examination when directed, a hearing must be convened

by the Department within 15 days after the suspension and

completed without appreciable delay.

If the Secretary otherwise suspends a person's license

pursuant to the results of a compelled mental or physical

examination, a hearing on that person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department and

Board shall have the authority to review the subject

individual's record of treatment and counseling regarding

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

Any licensee suspended under this subsection (a-5) shall be

afforded an opportunity to demonstrate to the Department or

Board that he or she can resume practice in compliance with the

acceptable and prevailing standards under the provisions of his

or her license.

(b) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code, as now or hereafter amended, operates as an automatic

license suspension. Such suspension will end only upon a

finding by a court that the patient is no longer subject to

involuntary admission or judicial admission and the issuance of

an order so finding and discharging the patient and upon the

recommendation of the Board to the Director that the licensee

be allowed to resume his or her practice.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with subdivision (a)(5) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).

(d) In cases where the Department of Healthcare and Family

Services (formerly the Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department, the

Department shall refuse to issue or renew or shall revoke or

suspend that person's license or shall take other disciplinary

action against that person based solely upon the certification

of delinquency made by the Department of Healthcare and Family

Services in accordance with subdivision (a)(5) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois (20 ILCS 2105/2105-15).

(e) The Department shall refuse to issue or renew or shall

revoke or suspend a person's license or shall take other

disciplinary action against that person for his or her failure

to file a return, to pay the tax, penalty, or interest shown in

a filed return, or to pay any final assessment of tax, penalty,

or interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15).

(Source: P.A. 98-756, eff. 7-16-14.)

Section 820. The Illinois Roofing Industry Licensing Act is

amended by changing Section 9.1 as follows:

(225 ILCS 335/9.1) (from Ch. 111, par. 7509.1)

(Section scheduled to be repealed on January 1, 2026)

Sec. 9.1. Grounds for disciplinary action.

(1) The Department may refuse to issue or to renew, or may

revoke, suspend, place on probation, reprimand or take other

disciplinary or non-disciplinary action as the Department may

deem proper, including fines not to exceed $10,000 for each

violation, with regard to any license for any one or

combination of the following:

(a) violation of this Act or its rules;

(b) for licensees, conviction or plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or sentencing of any crime, including, but not

limited to, convictions, preceding sentences of

supervision, conditional discharge, or first offender

probation, under the laws of any jurisdiction of the United

States that is (i) a felony or (ii) a misdemeanor, an

essential element of which is dishonesty or that is

directly related to the practice of the profession and, for

initial applicants, convictions set forth in Section 7.1 of

this Act;

(c) fraud or any misrepresentation in applying for or

procuring a license under this Act, or in connection with

applying for renewal of a license under this Act;

(d) professional incompetence or gross negligence in

the practice of roofing contracting, prima facie evidence

of which may be a conviction or judgment in any court of

competent jurisdiction against an applicant or licensee

relating to the practice of roofing contracting or the

construction of a roof or repair thereof that results in

leakage within 90 days after the completion of such work;

(e) (blank);

(f) aiding or assisting another person in violating any

provision of this Act or rules;

(g) failing, within 60 days, to provide information in

response to a written request made by the Department;

(h) engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public;

(i) habitual or excessive use or abuse of controlled

substances, as defined by the Illinois Controlled

Substances Act, alcohol, or any other substance that

results in the inability to practice with reasonable

judgment, skill, or safety;

(j) discipline by another state, unit of government, or

government agency, the District of Columbia, a territory,

or a foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth in this Section;

(k) directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered;

(l) a finding by the Department that the licensee,

after having his or her license disciplined, has violated

the terms of the discipline;

(m) a finding by any court of competent jurisdiction,

either within or without this State, of any violation of

any law governing the practice of roofing contracting, if

the Department determines, after investigation, that such

person has not been sufficiently rehabilitated to warrant

the public trust;

(n) willfully making or filing false records or reports

in the practice of roofing contracting, including, but not

limited to, false records filed with the State agencies or

departments;

(o) practicing, attempting to practice, or advertising

under a name other than the full name as shown on the

license or any other legally authorized name;

(p) gross and willful overcharging for professional

services including filing false statements for collection

of fees or monies for which services are not rendered;

(q) (blank);

(r) (blank);

(s) failure to continue to meet the requirements of

this Act shall be deemed a violation;

(t) physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills that result in an inability to

practice the profession with reasonable judgment, skill,

or safety;

(u) material misstatement in furnishing information to

the Department or to any other State agency;

(v) (blank);

(w) advertising in any manner that is false,

misleading, or deceptive;

(x) taking undue advantage of a customer, which results

in the perpetration of a fraud;

(y) performing any act or practice that is a violation

of the Consumer Fraud and Deceptive Business Practices Act;

(z) engaging in the practice of roofing contracting, as

defined in this Act, with a suspended, revoked, or

cancelled license;

(aa) treating any person differently to the person's

detriment because of race, color, creed, gender, age,

religion, or national origin;

(bb) knowingly making any false statement, oral,

written, or otherwise, of a character likely to influence,

persuade, or induce others in the course of obtaining or

performing roofing contracting services;

(cc) violation of any final administrative action of

the Secretary;

(dd) allowing the use of his or her roofing license by

an unlicensed roofing contractor for the purposes of

providing roofing or waterproofing services; or

(ee) (blank);

(ff) cheating or attempting to subvert a licensing

examination administered under this Act; or

(gg) use of a license to permit or enable an unlicensed

person to provide roofing contractor services.

(2) The determination by a circuit court that a license

holder is subject to involuntary admission or judicial

admission, as provided in the Mental Health and Developmental

Disabilities Code, operates as an automatic suspension. Such

suspension will end only upon a finding by a court that the

patient is no longer subject to involuntary admission or

judicial admission, an order by the court so finding and

discharging the patient, and the recommendation of the Board to

the Director that the license holder be allowed to resume his

or her practice.

(3) The Department may refuse to issue or take disciplinary

action concerning the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

any such tax Act are satisfied as determined by the Department

of Revenue.

(4) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is licensed under this Act or any individual who has applied

for licensure to submit to a mental or physical examination or

evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation.

The multidisciplinary team shall be led by a physician licensed

to practice medicine in all of its branches and may consist of

one or more or a combination of physicians licensed to practice

medicine in all of its branches, licensed chiropractic

physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and

other professional and administrative staff. Any examining

physician or member of the multidisciplinary team may require

any person ordered to submit to an examination and evaluation

pursuant to this Section to submit to any additional

supplemental testing deemed necessary to complete any

examination or evaluation process, including, but not limited

to, blood testing, urinalysis, psychological testing, or

neuropsychological testing.

(5) The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee or applicant, including testimony

concerning any supplemental testing or documents relating to

the examination and evaluation. No information, report,

record, or other documents in any way related to the

examination and evaluation shall be excluded by reason of any

common law or statutory privilege relating to communication

between the licensee or applicant and the examining physician

or any member of the multidisciplinary team. No authorization

is necessary from the licensee or applicant ordered to undergo

an evaluation and examination for the examining physician or

any member of the multidisciplinary team to provide

information, reports, records, or other documents or to provide

any testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination.

(6) Failure of any individual to submit to mental or

physical examination or evaluation, or both, when directed,

shall result in an automatic suspension without hearing until

such time as the individual submits to the examination. If the

Department finds a licensee unable to practice because of the

reasons set forth in this Section, the Department shall require

the licensee to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed licensure.

(7) When the Secretary immediately suspends a license under

this Section, a hearing upon such person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department shall

have the authority to review the licensee's record of treatment

and counseling regarding the impairment to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

(8) Licensees affected under this Section shall be afforded

an opportunity to demonstrate to the Department that they can

resume practice in compliance with acceptable and prevailing

standards under the provisions of their license.

(9) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with paragraph (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(10) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with paragraph (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

The changes to this Act made by this amendatory Act of 1997

apply only to disciplinary actions relating to events occurring

after the effective date of this amendatory Act of 1997.

(Source: P.A. 99-469, eff. 8-26-15; 99-876, eff. 1-1-17.)

Section 825. The Structural Engineering Practice Act of

1989 is amended by changing Section 20 as follows:

(225 ILCS 340/20) (from Ch. 111, par. 6620)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20. Refusal; revocation; suspension.

(a) The Department may refuse to issue or renew, or may

revoke a license, or may suspend, place on probation, fine, or

take any disciplinary or non-disciplinary action as the

Department may deem proper, including a fine not to exceed

$10,000 for each violation, with regard to any licensee for any

one or combination of the following reasons:

(1) Material misstatement in furnishing information to

the Department;

(2) Negligence, incompetence or misconduct in the

practice of structural engineering;

(3) Making any misrepresentation for the purpose of

obtaining licensure;

(4) The affixing of a licensed structural engineer's

seal to any plans, specifications or drawings which have

not been prepared by or under the immediate personal

supervision of that licensed structural engineer or

reviewed as provided in this Act;

(5) Conviction of, or entry of a plea of guilty or nolo

contendere to, any crime that is a felony under the laws of

the United States or of any state or territory thereof, or

that is a misdemeanor an essential element of which is

dishonesty, or any crime that is directly related to the

practice of the profession;

(6) Making a statement of compliance pursuant to the

Environmental Barriers Act, as now or hereafter amended,

that a plan for construction or alteration of a public

facility or for construction of a multi-story housing unit

is in compliance with the Environmental Barriers Act when

such plan is not in compliance;

(7) Failure to comply with any of the provisions of

this Act or its rules;

(8) Aiding or assisting another person in violating any

provision of this Act or its rules;

(9) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public, as defined by rule;

(10) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in the inability to practice with reasonable

judgment, skill, or safety;

(11) Failure of an applicant or licensee to pay a fine

imposed by the Department or a licensee whose license has

been placed on probationary status has violated the terms

of probation;

(12) Discipline by another state, territory, foreign

country, the District of Columbia, the United States

government, or any other governmental agency, if at least

one of the grounds for discipline is the same or

substantially equivalent to those set forth in this

Section;

(13) Failure to provide information in response to a

written request made by the Department within 30 days after

the receipt of such written request; or

(14) Physical illness, including but not limited to,

deterioration through the aging process or loss of motor

skill, mental illness, or disability which results in the

inability to practice the profession of structural

engineering with reasonable judgment, skill, or safety.

(a-5) In enforcing this Section, the Department or Board,

upon a showing of a possible violation, may order a licensee or

applicant to submit to a mental or physical examination, or

both, at the expense of the Department. The Department or Board

may order the examining physician to present testimony

concerning his or her examination of the licensee or applicant.

No information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The licensee or applicant may have, at his

or her own expense, another physician of his or her choice

present during all aspects of the examination. Failure of a

licensee or applicant to submit to any such examination when

directed, without reasonable cause as defined by rule, shall be

grounds for either the immediate suspension of his or her

license or immediate denial of his or her application.

If the Secretary immediately suspends the license of a

licensee for his or her failure to submit to a mental or

physical examination when directed, a hearing must be convened

by the Department within 15 days after the suspension and

completed without appreciable delay.

If the Secretary otherwise suspends a license pursuant to

the results of the licensee's mental or physical examination, a

hearing must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

licensee's record of treatment and counseling regarding the

relevant impairment or impairments to the extent permitted by

applicable federal statutes and regulations safeguarding the

confidentiality of medical records.

Any licensee suspended under this subsection (a-5) shall be

afforded an opportunity to demonstrate to the Department or

Board that he or she can resume practice in compliance with the

acceptable and prevailing standards under the provisions of his

or her license.

(b) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. Such suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

the issuance of an order so finding and discharging the

patient, and the recommendation of the Board to the Secretary

that the licensee be allowed to resume practice.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with subdivision (a)(5) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois.

(d) In cases where the Department of Healthcare and Family

Services (formerly the Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department, the

Department shall refuse to issue or renew or shall revoke or

suspend that person's license or shall take other disciplinary

action against that person based solely upon the certification

of delinquency made by the Department of Healthcare and Family

Services in accordance with subdivision (a)(5) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois.

(e) The Department shall deny a license or renewal

authorized by this Act to a person who has failed to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Department of Revenue, until such time as the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois.

(f) Persons who assist the Department as consultants or

expert witnesses in the investigation or prosecution of alleged

violations of the Act, licensure matters, restoration

proceedings, or criminal prosecutions, are not liable for

damages in any civil action or proceeding as a result of such

assistance, except upon proof of actual malice. The Attorney

General of the State of Illinois shall defend such persons in

any such action or proceeding.

(Source: P.A. 98-756, eff. 7-16-14.)

Section 830. The Auction License Act is amended by changing

Section 20-20 as follows:

(225 ILCS 407/20-20)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-20. Termination without hearing for failure to pay

taxes or , child support, or a student loan. The Department may

terminate or otherwise discipline any license issued under this

Act without hearing if the appropriate administering agency

provides adequate information and proof that the licensee has:

(1) failed to file a return, to pay the tax, penalty,

or interest shown in a filed return, or to pay any final

assessment of tax, penalty, or interest, as required by any

tax act administered by the Illinois Department of Revenue

until the requirements of the tax act are satisfied;

(2) failed to pay any court ordered child support as

determined by a court order or by referral from the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid); or

(3) (blank). failed to repay any student loan or

assistance as determined by the Illinois Student

Assistance Commission.

If a license is terminated or otherwise disciplined

pursuant to this Section, the licensee may request a hearing as

provided by this Act within 30 days of notice of termination or

discipline.

(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08.)

Section 835. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Act of 1985 is amended by

changing Section 4-7 as follows:

(225 ILCS 410/4-7) (from Ch. 111, par. 1704-7)

(Section scheduled to be repealed on January 1, 2026)

Sec. 4-7. Refusal, suspension and revocation of licenses;

causes; disciplinary action.

(1) The Department may refuse to issue or renew, and may

suspend, revoke, place on probation, reprimand or take any

other disciplinary or non-disciplinary action as the

Department may deem proper, including civil penalties not to

exceed $500 for each violation, with regard to any license for

any one, or any combination, of the following causes:

a. For licensees, conviction of any crime under the

laws of the United States or any state or territory thereof

that is (i) a felony, (ii) a misdemeanor, an essential

element of which is dishonesty, or (iii) a crime which is

related to the practice of the profession and, for initial

applicants, convictions set forth in Section 4-6.1 of this

Act.

b. Conviction of any of the violations listed in

Section 4-20.

c. Material misstatement in furnishing information to

the Department.

d. Making any misrepresentation for the purpose of

obtaining a license or violating any provision of this Act

or its rules.

e. Aiding or assisting another person in violating any

provision of this Act or its rules.

f. Failing, within 60 days, to provide information in

response to a written request made by the Department.

g. Discipline by another state, territory, or country

if at least one of the grounds for the discipline is the

same as or substantially equivalent to those set forth in

this Act.

h. Practice in the barber, nail technology, esthetics,

hair braiding, or cosmetology profession, or an attempt to

practice in those professions, by fraudulent

misrepresentation.

i. Gross malpractice or gross incompetency.

j. Continued practice by a person knowingly having an

infectious or contagious disease.

k. Solicitation of professional services by using

false or misleading advertising.

l. A finding by the Department that the licensee, after

having his or her license placed on probationary status,

has violated the terms of probation.

m. Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered.

n. Violating any of the provisions of this Act or rules

adopted pursuant to this Act.

o. Willfully making or filing false records or reports

relating to a licensee's practice, including but not

limited to, false records filed with State agencies or

departments.

p. Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in the inability to practice with reasonable

judgment, skill or safety.

q. Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public as may be defined by rules of

the Department, or violating the rules of professional

conduct which may be adopted by the Department.

r. Permitting any person to use for any unlawful or

fraudulent purpose one's diploma or license or certificate

of registration as a cosmetologist, nail technician,

esthetician, hair braider, or barber or cosmetology, nail

technology, esthetics, hair braiding, or barber teacher or

salon or shop or cosmetology clinic teacher.

s. Being named as a perpetrator in an indicated report

by the Department of Children and Family Services under the

Abused and Neglected Child Reporting Act and upon proof by

clear and convincing evidence that the licensee has caused

a child to be an abused child or neglected child as defined

in the Abused and Neglected Child Reporting Act.

t. Operating a salon or shop without a valid

registration.

u. Failure to complete required continuing education

hours.

(2) In rendering an order, the Secretary shall take into

consideration the facts and circumstances involving the type of

acts or omissions in paragraph (1) of this Section including,

but not limited to:

(a) the extent to which public confidence in the

cosmetology, nail technology, esthetics, hair braiding, or

barbering profession was, might have been, or may be,

injured;

(b) the degree of trust and dependence among the

involved parties;

(c) the character and degree of harm which did result

or might have resulted;

(d) the intent or mental state of the licensee at the

time of the acts or omissions.

(3) The Department may reissue the license or registration

upon certification by the Board that the disciplined licensee

or registrant has complied with all of the terms and conditions

set forth in the final order or has been sufficiently

rehabilitated to warrant the public trust.

(4) The Department shall refuse to issue or renew or

suspend without hearing the license or certificate of

registration of any person who fails to file a return, or to

pay the tax, penalty or interest shown in a filed return, or to

pay any final assessment of tax, penalty or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of any such tax

Act are satisfied as determined by the Department of Revenue.

(5) (Blank). The Department shall deny without hearing any

application for a license or renewal of a license under this

Act by a person who has defaulted on an educational loan

guaranteed by the Illinois Student Assistance Commission;

however, the Department may issue or renew a license if the

person in default has established a satisfactory repayment

record as determined by the Illinois Student Assistance

Commission.

(6) All fines imposed under this Section shall be paid

within 60 days after the effective date of the order imposing

the fine or in accordance with the terms set forth in the order

imposing the fine.

(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15;

99-876, eff. 1-1-17.)

Section 840. The Electrologist Licensing Act is amended by

changing Section 75 as follows:

(225 ILCS 412/75)

(Section scheduled to be repealed on January 1, 2024)

Sec. 75. Grounds for discipline.

(a) The Department may refuse to issue or renew and may

revoke or suspend a license under this Act, and may place on

probation, reprimand, or take other disciplinary or

non-disciplinary action with regard to any licensee under this

Act, as the Department may consider appropriate, including

imposing fines not to exceed $10,000 for each violation and

assess costs as provided for under Section 95 of this Act, for

one or any combination of the following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violation of this Act or rules adopted under this

Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States that is (i) a felony or

(ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

electrology.

(4) Fraud or misrepresentation in applying for or

procuring a license under this Act, or in connection with

applying for renewal of a license under this Act.

(5) Aiding or assisting another person in violating any

provision of this Act or its rules.

(6) Failing to provide information within 60 days in

response to a written request made by the Department.

(7) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(8) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substance that results in an electrologist's inability to

practice with reasonable judgment, skill, or safety.

(9) Discipline by another governmental agency, unit of

government, U.S. jurisdiction, or foreign nation if at

least one of the grounds for discipline is the same as or

substantially equivalent to any of those set forth in this

Act.

(10) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered. Nothing in this paragraph (10) affects any bona

fide independent contractor or employment arrangements

among health care professionals, health facilities, health

care providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements with health

care providers may include provisions for compensation,

health insurance, pension, or other employment benefits

for the provision of services within the scope of the

licensee's practice under this Act. Nothing in this

paragraph (10) shall be construed to require an employment

arrangement to receive professional fees for services

rendered.

(11) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(12) Abandonment of a patient.

(13) Willfully making or filing false records or

reports in the licensee's practice, including, but not

limited to, false records filed with State agencies or

departments.

(14) Mental or physical illness or disability,

including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(15) Negligence in his or her practice under this Act.

(16) Use of fraud, deception, or any unlawful means in

applying for and securing a license as an electrologist.

(17) Immoral conduct in the commission of any act, such

as sexual abuse, sexual misconduct, or sexual

exploitation, related to the licensee's practice.

(18) Failure to comply with standards of sterilization

and sanitation as defined in the rules of the Department.

(19) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(20) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(b) The Department may refuse to issue or renew or may

suspend without hearing the license of any person who fails to

file a return, to pay the tax, penalty or interest shown in a

filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any tax Act administered by

the Illinois Department of Revenue until the requirements of

the tax Act are satisfied in accordance with subsection (g) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois.

(c) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission,

the issuance of an order so finding and discharging the

patient, and the filing of a petition for restoration

demonstrating fitness to practice.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is licensed to practice under this Act or any individual who

has applied for licensure to submit to a mental or physical

examination and evaluation, or both, that may include a

substance abuse or sexual offender evaluation, at the expense

of the Department. The Department shall specifically designate

the examining physician licensed to practice medicine in all of

its branches or, if applicable, the multidisciplinary team

involved in providing the mental or physical examination and

evaluation, or both. The multidisciplinary team shall be led by

a physician licensed to practice medicine in all of its

branches and may consist of one or more or a combination of

physicians licensed to practice medicine in all of its

branches, licensed chiropractic physicians, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to submit

to an examination and evaluation pursuant to this Section to

submit to any additional supplemental testing deemed necessary

to complete any examination or evaluation process, including,

but not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the licensee, permit holder, or applicant,

including testimony concerning any supplemental testing or

documents relating to the examination and evaluation. No

information, report, record, or other documents in any way

related to the examination and evaluation shall be excluded by

reason of any common law or statutory privilege relating to

communication between the licensee or applicant and the

examining physician or any member of the multidisciplinary

team. No authorization is necessary from the licensee or

applicant ordered to undergo an evaluation and examination for

the examining physician or any member of the multidisciplinary

team to provide information, reports, records, or other

documents or to provide any testimony regarding the examination

and evaluation. The individual to be examined may have, at his

or her own expense, another physician of his or her choice

present during all aspects of the examination.

Failure of any individual to submit to mental or physical

examination and evaluation, or both, when directed, shall

result in an automatic suspension without hearing, until such

time as the individual submits to the examination. If the

Department finds a licensee unable to practice because of the

reasons set forth in this Section, the Department shall require

the licensee to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition for continued, reinstated, or renewed licensure to

practice.

When the Secretary immediately suspends a license under

this Section, a hearing upon the person's license must be

convened by the Department within 15 days after the suspension

and completed without appreciable delay. The Department shall

have the authority to review the licensee's record of treatment

and counseling regarding the impairment to the extent permitted

by applicable federal statutes and regulations safeguarding

the confidentiality of medical records.

Individuals licensed under this Act affected under this

Section shall be afforded an opportunity to demonstrate to the

Department that they can resume practice in compliance with

acceptable and prevailing standards under the provisions of

their license.

(e) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of Illinois.

(f) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(g) All fines or costs imposed under this Section shall be

paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine.

(Source: P.A. 98-363, eff. 8-16-13.)

Section 845. The Illinois Certified Shorthand Reporters

Act of 1984 is amended by changing Section 23 as follows:

(225 ILCS 415/23) (from Ch. 111, par. 6223)

(Section scheduled to be repealed on January 1, 2024)

Sec. 23. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$10,000 for each violation and the assessment of costs as

provided for in Section 23.3 of this Act, with regard to any

license for any one or combination of the following:

(1) Material misstatement in furnishing information to

the Department;

(2) Violations of this Act, or of the rules promulgated

thereunder;

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation under

the laws of any jurisdiction of the United States: (i) that

is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession;

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act;

(5) Professional incompetence;

(6) Aiding or assisting another person, firm,

partnership or corporation in violating any provision of

this Act or rules;

(7) Failing, within 60 days, to provide information in

response to a written request made by the Department;

(8) Engaging in dishonorable, unethical or

unprofessional conduct of a character likely to deceive,

defraud or harm the public;

(9) Habitual or excessive use or abuse of drugs defined

in law as controlled substances, alcohol, or any other

substances that results in the inability to practice with

reasonable judgment, skill, or safety;

(10) Discipline by another state, unit of government,

government agency, the District of Columbia, a territory,

or foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth herein;

(11) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services were not rendered, or giving,

directly or indirectly, any gift or anything of value to

attorneys or their staff or any other persons or entities

associated with any litigation, that exceeds $100 total per

year; for the purposes of this Section, pro bono services,

as defined by State law, are permissible in any amount;

(12) A finding by the Board that the certificate

holder, after having his certificate placed on

probationary status, has violated the terms of probation;

(13) Willfully making or filing false records or

reports in the practice of shorthand reporting, including

but not limited to false records filed with State agencies

or departments;

(14) Physical illness, including but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice under this

Act with reasonable judgment, skill or safety;

(15) Solicitation of professional services other than

by permitted advertising;

(16) Willful failure to take full and accurate

stenographic notes of any proceeding;

(17) Willful alteration of any stenographic notes

taken at any proceeding;

(18) Willful failure to accurately transcribe verbatim

any stenographic notes taken at any proceeding;

(19) Willful alteration of a transcript of

stenographic notes taken at any proceeding;

(20) Affixing one's signature to any transcript of his

stenographic notes or certifying to its correctness unless

the transcript has been prepared by him or under his

immediate supervision;

(21) Willful failure to systematically retain

stenographic notes or transcripts on paper or any

electronic media for 10 years from the date that the notes

or transcripts were taken;

(22) Failure to deliver transcripts in a timely manner

or in accordance with contractual agreements;

(23) Establishing contingent fees as a basis of

compensation;

(24) Mental illness or disability that results in the

inability to practice under this Act with reasonable

judgment, skill, or safety;

(25) Practicing under a false or assumed name, except

as provided by law;

(26) Cheating on or attempting to subvert the licensing

examination administered under this Act;

(27) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the fine

or in accordance with the terms set forth in the order imposing

the fine.

(b) The determination by a circuit court that a certificate

holder is subject to involuntary admission or judicial

admission as provided in the Mental Health and Developmental

Disabilities Code, operates as an automatic suspension. Such

suspension will end only upon a finding by a court that the

patient is no longer subject to involuntary admission or

judicial admission, an order by the court so finding and

discharging the patient. In any case where a license is

suspended under this Section, the licensee may file a petition

for restoration and shall include evidence acceptable to the

Department that the licensee can resume practice in compliance

with acceptable and prevailing standards of the profession.

(c) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Civil Administrative

Code of Illinois.

(d) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel any individual who

is certified under this Act or any individual who has applied

for certification under this Act to submit to a mental or

physical examination and evaluation, or both, which may include

a substance abuse or sexual offender evaluation, at the expense

of the Department. The Department shall specifically designate

the examining physician licensed to practice medicine in all of

its branches or, if applicable, the multidisciplinary team

involved in providing the mental or physical examination and

evaluation, or both. The multidisciplinary team shall be led by

a physician licensed to practice medicine in all of its

branches and may consist of one or more or a combination of

physicians licensed to practice medicine in all of its

branches, licensed chiropractic physicians, licensed clinical

psychologists, licensed clinical social workers, licensed

clinical professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to submit

to an examination and evaluation pursuant to this Section to

submit to any additional supplemental testing deemed necessary

to complete any examination or evaluation process, including,

but not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing.

The Department may order the examining physician or any

member of the multidisciplinary team to provide to the

Department any and all records, including business records,

that relate to the examination and evaluation, including any

supplemental testing performed. The Department may order the

examining physician or any member of the multidisciplinary team

to present testimony concerning this examination and

evaluation of the certified shorthand reporter or applicant,

including testimony concerning any supplemental testing or

documents relating to the examination and evaluation. No

information, report, record, or other documents in any way

related to the examination and evaluation shall be excluded by

reason of any common law or statutory privilege relating to

communication between the licensee or applicant and the

examining physician or any member of the multidisciplinary

team. No authorization is necessary from the certified

shorthand reporter or applicant ordered to undergo an

evaluation and examination for the examining physician or any

member of the multidisciplinary team to provide information,

reports, records, or other documents or to provide any

testimony regarding the examination and evaluation. The

individual to be examined may have, at his or her own expense,

another physician of his or her choice present during all

aspects of the examination.

Failure of any individual to submit to mental or physical

examination and evaluation, or both, when directed, shall

result in an automatic suspension, without hearing, until such

time as the individual submits to the examination. If the

Department finds a certified shorthand reporter unable to

practice because of the reasons set forth in this Section, the

Department shall require the certified shorthand reporter to

submit to care, counseling, or treatment by physicians approved

or designated by the Department, as a condition for continued,

reinstated, or renewed certification.

When the Secretary immediately suspends a certificate

under this Section, a hearing upon the person's certificate

must be convened by the Department within 15 days after the

suspension and completed without appreciable delay. The

Department shall have the authority to review the certified

shorthand reporter's record of treatment and counseling

regarding the impairment, to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

Individuals certified under this Act, affected under this

Section, shall be afforded an opportunity to demonstrate to the

Department that they can resume practice in compliance with

acceptable and prevailing standards under the provisions of

their certification.

(e) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(f) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, to pay the tax, penalty, or interest shown in a filed

return, or to pay any final assessment of tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)

Section 850. The Collection Agency Act is amended by

changing Section 9 as follows:

(225 ILCS 425/9) (from Ch. 111, par. 2012)

(Section scheduled to be repealed on January 1, 2026)

Sec. 9. Disciplinary actions.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand or take other

disciplinary or non-disciplinary action as the Department may

deem proper, including fines not to exceed $10,000 per

violation, for any one or any combination of the following

causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act or of the rules promulgated

hereunder.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation of the

collection agency or any of the officers or owners of more

than 10% interest of the agency of any crime under the laws

of any U.S. jurisdiction that (i) is a felony, (ii) is a

misdemeanor, an essential element of which is dishonesty,

or (iii) is directly related to the practice of a

collection agency.

(4) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(5) Aiding or assisting another person in violating any

provision of this Act or rules adopted under this Act.

(6) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(7) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants or any other chemical agent or drug

which results in the inability to practice with reasonable

judgment, skill, or safety by any of the officers or owners

of 10% or more interest of a collection agency.

(8) Discipline by another state, the District of

Columbia, a territory of the United States, or a foreign

nation, if at least one of the grounds for the discipline

is the same or substantially equivalent to those set forth

in this Act.

(9) A finding by the Department that the licensee,

after having his license placed on probationary status, has

violated the terms of probation.

(10) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(11) Practicing or attempting to practice under a false

or, except as provided by law, an assumed name.

(12) A finding by the Federal Trade Commission that a

licensee violated the federal Fair Debt Collection

Practices Act or its rules.

(13) Failure to file a return, or to pay the tax,

penalty or interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue until such time as the requirements of any such tax

Act are satisfied.

(14) Using or threatening to use force or violence to

cause physical harm to a debtor, his or her family or his

or her property.

(15) Threatening to instigate an arrest or criminal

prosecution where no basis for a criminal complaint

lawfully exists.

(16) Threatening the seizure, attachment or sale of a

debtor's property where such action can only be taken

pursuant to court order without disclosing that prior court

proceedings are required.

(17) Disclosing or threatening to disclose information

adversely affecting a debtor's reputation for credit

worthiness with knowledge the information is false.

(18) Initiating or threatening to initiate

communication with a debtor's employer unless there has

been a default of the payment of the obligation for at

least 30 days and at least 5 days prior written notice, to

the last known address of the debtor, of the intention to

communicate with the employer has been given to the

employee, except as expressly permitted by law or court

order.

(19) Communicating with the debtor or any member of

the debtor's family at such a time of day or night and with

such frequency as to constitute harassment of the debtor or

any member of the debtor's family. For purposes of this

Section the following conduct shall constitute harassment:

(A) Communicating with the debtor or any member of

his or her family in connection with the collection of

any debt without the prior consent of the debtor given

directly to the debt collector, or the express

permission of a court of competent jurisdiction, at any

unusual time or place or a time or place known or which

should be known to be inconvenient to the debtor. In

the absence of knowledge of circumstances to the

contrary, a debt collector shall assume that the

convenient time for communicating with a consumer is

after 8 o'clock a.m. and before 9 o'clock p.m. local

time at the debtor's location.

(B) The threat of publication or publication of a

list of consumers who allegedly refuse to pay debts,

except to a consumer reporting agency.

(C) The threat of advertisement or advertisement

for sale of any debt to coerce payment of the debt.

(D) Causing a telephone to ring or engaging any

person in telephone conversation repeatedly or

continuously with intent to annoy, abuse, or harass any

person at the called number.

(20) Using profane, obscene or abusive language in

communicating with a debtor, his or her family or others.

(21) Disclosing or threatening to disclose information

relating to a debtor's debt to any other person except

where such other person has a legitimate business need for

the information or except where such disclosure is

permitted by law.

(22) Disclosing or threatening to disclose information

concerning the existence of a debt which the collection

agency knows to be disputed by the debtor without

disclosing the fact that the debtor disputes the debt.

(23) Engaging in any conduct that is intended to cause

and did cause mental or physical illness to the debtor or

his or her family.

(24) Attempting or threatening to enforce a right or

remedy with knowledge or reason to know that the right or

remedy does not exist.

(25) Failing to disclose to the debtor or his or her

family the corporate, partnership or proprietary name, or

other trade or business name, under which the collection

agency is engaging in debt collections and which he or she

is legally authorized to use.

(26) Using any form of communication which simulates

legal or judicial process or which gives the appearance of

being authorized, issued or approved by a governmental

agency or official or by an attorney at law when it is not.

(27) Using any badge, uniform, or other indicia of any

governmental agency or official except as authorized by

law.

(28) Conducting business under any name or in any

manner which suggests or implies that the collection agency

is a branch of or is affiliated in any way with a

governmental agency or court if such collection agency is

not.

(29) Failing to disclose, at the time of making any

demand for payment, the name of the person to whom the debt

is owed and at the request of the debtor, the address where

payment is to be made and the address of the person to whom

the debt is owed.

(30) Misrepresenting the amount of the debt alleged to

be owed.

(31) Representing that an existing debt may be

increased by the addition of attorney's fees,

investigation fees or any other fees or charges when such

fees or charges may not legally be added to the existing

debt.

(32) Representing that the collection agency is an

attorney at law or an agent for an attorney if he or she is

not.

(33) Collecting or attempting to collect any interest

or other charge or fee in excess of the actual debt unless

such interest or other charge or fee is expressly

authorized by the agreement creating the debt unless

expressly authorized by law or unless in a commercial

transaction such interest or other charge or fee is

expressly authorized in a subsequent agreement. If a

contingency or hourly fee arrangement (i) is established

under an agreement between a collection agency and a

creditor to collect a debt and (ii) is paid by a debtor

pursuant to a contract between the debtor and the creditor,

then that fee arrangement does not violate this Section

unless the fee is unreasonable. The Department shall

determine what constitutes a reasonable collection fee.

(34) Communicating or threatening to communicate with

a debtor when the collection agency is informed in writing

by an attorney that the attorney represents the debtor

concerning the debt. If the attorney fails to respond

within a reasonable period of time, the collector may

communicate with the debtor. The collector may communicate

with the debtor when the attorney gives his or her consent.

(35) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(b) The Department shall deny any license or renewal

authorized by this Act to any person who has defaulted on an

educational loan guaranteed by the Illinois State Scholarship

Commission; however, the Department may issue a license or

renewal if the person in default has established a satisfactory

repayment record as determined by the Illinois State

Scholarship Commission. No collection agency while collecting

or attempting to collect a debt shall engage in any of the Acts

specified in this Section, each of which shall be unlawful

practice.

(Source: P.A. 99-227, eff. 8-3-15.)

Section 855. The Community Association Manager Licensing

and Disciplinary Act is amended by changing Section 85 as

follows:

(225 ILCS 427/85)

(Section scheduled to be repealed on January 1, 2020)

Sec. 85. Grounds for discipline; refusal, revocation, or

suspension.

(a) The Department may refuse to issue or renew a license,

or may place on probation, reprimand, suspend, or revoke any

license, or take any other disciplinary or non-disciplinary

action as the Department may deem proper and impose a fine not

to exceed $10,000 for each violation upon any licensee or

applicant under this Act or any person or entity who holds

himself, herself, or itself out as an applicant or licensee for

any one or combination of the following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act or its rules.

(3) Conviction of or entry of a plea of guilty or plea

of nolo contendere to a felony or a misdemeanor under the

laws of the United States, any state, or any other

jurisdiction or entry of an administrative sanction by a

government agency in this State or any other jurisdiction.

Action taken under this paragraph (3) for a misdemeanor or

an administrative sanction is limited to a misdemeanor or

administrative sanction that has as an essential element

dishonesty or fraud, that involves larceny, embezzlement,

or obtaining money, property, or credit by false pretenses

or by means of a confidence game, or that is directly

related to the practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining a license or violating any provision of this Act

or its rules.

(5) Professional incompetence.

(6) Gross negligence.

(7) Aiding or assisting another person in violating any

provision of this Act or its rules.

(8) Failing, within 30 days, to provide information in

response to a request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public as defined by the rules of the

Department, or violating the rules of professional conduct

adopted by the Department.

(10) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in the inability to practice with reasonable

judgment, skill, or safety.

(11) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, or a

governmental agency authorized to impose discipline if at

least one of the grounds for the discipline is the same or

substantially equivalent of one of the grounds for which a

licensee may be disciplined under this Act. A certified

copy of the record of the action by the other state or

jurisdiction shall be prima facie evidence thereof.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership or association

any fee, commission, rebate, or other form of compensation

for any professional services not actually or personally

rendered.

(13) A finding by the Department that the licensee,

after having his, her, or its license placed on

probationary status, has violated the terms of probation.

(14) Willfully making or filing false records or

reports relating to a licensee's practice, including but

not limited to false records filed with any State or

federal agencies or departments.

(15) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

under the Abused and Neglected Child Reporting Act and upon

proof by clear and convincing evidence that the licensee

has caused a child to be an abused child or neglected child

as defined in the Abused and Neglected Child Reporting Act.

(16) Physical illness or mental illness or impairment,

including, but not limited to, deterioration through the

aging process or loss of motor skill that results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(17) Solicitation of professional services by using

false or misleading advertising.

(18) A finding that licensure has been applied for or

obtained by fraudulent means.

(19) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(20) Gross overcharging for professional services

including, but not limited to, (i) collection of fees or

moneys for services that are not rendered; and (ii)

charging for services that are not in accordance with the

contract between the licensee and the community

association.

(21) Improper commingling of personal and client funds

in violation of this Act or any rules promulgated thereto.

(22) Failing to account for or remit any moneys or

documents coming into the licensee's possession that

belong to another person or entity.

(23) Giving differential treatment to a person that is

to that person's detriment because of race, color, creed,

sex, religion, or national origin.

(24) Performing and charging for services without

reasonable authorization to do so from the person or entity

for whom service is being provided.

(25) Failing to make available to the Department, upon

request, any books, records, or forms required by this Act.

(26) Purporting to be a supervising community

association manager of a firm without active participation

in the firm.

(27) Failing to make available to the Department at the

time of the request any indicia of licensure or

registration issued under this Act.

(28) Failing to maintain and deposit funds belonging to

a community association in accordance with subsection (b)

of Section 55 of this Act.

(29) Violating the terms of a disciplinary order issued

by the Department.

(b) (Blank). In accordance with subdivision (a)(5) of

Section 2105-15 of the Department of Professional Regulation

Law of the Civil Administrative Code of Illinois (20 ILCS

2105/2105-15), the Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State.

(c) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

terminate only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient, and upon the recommendation of the Board to the

Secretary that the licensee be allowed to resume his or her

practice as a licensed community association manager.

(d) In accordance with subsection (g) of Section 2105-15 of

the Department of Professional Regulation Law of the Civil

Administrative Code of Illinois (20 ILCS 2105/2105-15), the

Department may refuse to issue or renew or may suspend the

license of any person who fails to file a return, to pay the

tax, penalty, or interest shown in a filed return, or to pay

any final assessment of tax, penalty, or interest, as required

by any tax Act administered by the Department of Revenue, until

such time as the requirements of that tax Act are satisfied.

(e) In accordance with subdivision (a)(5) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)

and in cases where the Department of Healthcare and Family

Services (formerly Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department may

refuse to issue or renew or may revoke or suspend that person's

license or may take other disciplinary action against that

person based solely upon the certification of delinquency made

by the Department of Healthcare and Family Services.

(f) In enforcing this Section, the Department or Board upon

a showing of a possible violation may compel a licensee or an

individual licensed to practice under this Act, or who has

applied for licensure under this Act, to submit to a mental or

physical examination, or both, as required by and at the

expense of the Department. The Department or Board may order

the examining physician to present testimony concerning the

mental or physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. Failure of an

individual to submit to a mental or physical examination, when

directed, shall be grounds for suspension of his or her license

or denial of his or her application or renewal until the

individual submits to the examination if the Department finds,

after notice and hearing, that the refusal to submit to the

examination was without reasonable cause.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend, revoke,

deny, or otherwise discipline the license of the individual. An

individual whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,

conditions, or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 30 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14;

98-756, eff. 7-16-14.)

Section 860. The Detection of Deception Examiners Act is

amended by changing Section 14 as follows:

(225 ILCS 430/14) (from Ch. 111, par. 2415)

(Section scheduled to be repealed on January 1, 2022)

Sec. 14. (a) The Department may refuse to issue or renew or

may revoke, suspend, place on probation, reprimand, or take

other disciplinary or non-disciplinary action as the

Department may deem appropriate, including imposing fines not

to exceed $10,000 for each violation, with regard to any

license for any one or a combination of the following:

(1) Material misstatement in furnishing information to

the Department.

(2) Violations of this Act, or of the rules adopted

under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession.

(4) Making any misrepresentation for the purpose of

obtaining licensure or violating any provision of this Act

or the rules adopted under this Act pertaining to

advertising.

(5) Professional incompetence.

(6) Allowing one's license under this Act to be used by

an unlicensed person in violation of this Act.

(7) Aiding or assisting another person in violating

this Act or any rule adopted under this Act.

(8) Where the license holder has been adjudged mentally

ill, mentally deficient or subject to involuntary

admission as provided in the Mental Health and

Developmental Disabilities Code.

(9) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(10) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(11) Inability to practice with reasonable judgment,

skill, or safety as a result of habitual or excessive use

or addiction to alcohol, narcotics, stimulants, or any

other chemical agent or drug.

(12) Discipline by another state, District of

Columbia, territory, or foreign nation, if at least one of

the grounds for the discipline is the same or substantially

equivalent to those set forth in this Section.

(13) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(14) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(15) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, or a mental illness or disability.

(16) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(17) Practicing under a false or, except as provided by

law, an assumed name.

(18) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(19) Cheating on or attempting to subvert the licensing

examination administered under this Act.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the

fine.

(b) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

return, or pay the tax, penalty, or interest shown in a filed

return, or pay any final assessment of the tax, penalty, or

interest as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(d) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Civil Administrative

Code of Illinois.

(e) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of an order so finding and discharging the

patient.

(f) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act, or who has applied for licensure under

this Act, to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physicians shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 97-168, eff. 7-22-11; 98-463, eff. 8-16-13;

98-756, eff. 7-16-14.)

Section 865. The Home Inspector License Act is amended by

changing Section 15-10 as follows:

(225 ILCS 441/15-10)

(Section scheduled to be repealed on January 1, 2022)

Sec. 15-10. Grounds for disciplinary action.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department may

deem appropriate, including imposing fines not to exceed

$25,000 for each violation, with regard to any license for any

one or combination of the following:

(1) Fraud or misrepresentation in applying for, or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(2) Failing to meet the minimum qualifications for

licensure as a home inspector established by this Act.

(3) Paying money, other than for the fees provided for

by this Act, or anything of value to an employee of the

Department to procure licensure under this Act.

(4) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony; (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession; or (iii) that is a crime

that subjects the licensee to compliance with the

requirements of the Sex Offender Registration Act.

(5) Committing an act or omission involving

dishonesty, fraud, or misrepresentation with the intent to

substantially benefit the licensee or another person or

with the intent to substantially injure another person.

(6) Violating a provision or standard for the

development or communication of home inspections as

provided in Section 10-5 of this Act or as defined in the

rules.

(7) Failing or refusing to exercise reasonable

diligence in the development, reporting, or communication

of a home inspection report, as defined by this Act or the

rules.

(8) Violating a provision of this Act or the rules.

(9) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, a

governmental agency, or any other entity authorized to

impose discipline if at least one of the grounds for that

discipline is the same as or substantially equivalent to

one of the grounds for which a licensee may be disciplined

under this Act.

(10) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(11) Accepting an inspection assignment when the

employment itself is contingent upon the home inspector

reporting a predetermined analysis or opinion, or when the

fee to be paid is contingent upon the analysis, opinion, or

conclusion reached or upon the consequences resulting from

the home inspection assignment.

(12) Developing home inspection opinions or

conclusions based on the race, color, religion, sex,

national origin, ancestry, age, marital status, family

status, physical or mental disability, or unfavorable

military discharge, as defined under the Illinois Human

Rights Act, of the prospective or present owners or

occupants of the area or property under home inspection.

(13) Being adjudicated liable in a civil proceeding on

grounds of fraud, misrepresentation, or deceit. In a

disciplinary proceeding based upon a finding of civil

liability, the home inspector shall be afforded an

opportunity to present mitigating and extenuating

circumstances, but may not collaterally attack the civil

adjudication.

(14) Being adjudicated liable in a civil proceeding for

violation of a State or federal fair housing law.

(15) Engaging in misleading or untruthful advertising

or using a trade name or insignia of membership in a home

inspection organization of which the licensee is not a

member.

(16) Failing, within 30 days, to provide information in

response to a written request made by the Department.

(17) Failing to include within the home inspection

report the home inspector's license number and the date of

expiration of the license. All home inspectors providing

significant contribution to the development and reporting

of a home inspection must be disclosed in the home

inspection report. It is a violation of this Act for a home

inspector to sign a home inspection report knowing that a

person providing a significant contribution to the report

has not been disclosed in the home inspection report.

(18) Advising a client as to whether the client should

or should not engage in a transaction regarding the

residential real property that is the subject of the home

inspection.

(19) Performing a home inspection in a manner that

damages or alters the residential real property that is the

subject of the home inspection without the consent of the

owner.

(20) Performing a home inspection when the home

inspector is providing or may also provide other services

in connection with the residential real property or

transaction, or has an interest in the residential real

property, without providing prior written notice of the

potential or actual conflict and obtaining the prior

consent of the client as provided by rule.

(21) Aiding or assisting another person in violating

any provision of this Act or rules adopted under this Act.

(22) Inability to practice with reasonable judgment,

skill, or safety as a result of habitual or excessive use

or addiction to alcohol, narcotics, stimulants, or any

other chemical agent or drug.

(23) A finding by the Department that the licensee,

after having his or her license placed on probationary

status, has violated the terms of probation.

(24) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(25) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(26) Practicing under a false or, except as provided by

law, an assumed name.

(27) Cheating on or attempting to subvert the licensing

examination administered under this Act.

(b) The Department may suspend, revoke, or refuse to issue

or renew an education provider's license, may reprimand, place

on probation, or otherwise discipline an education provider

licensee, and may suspend or revoke the course approval of any

course offered by an education provider, for any of the

following:

(1) Procuring or attempting to procure licensure by

knowingly making a false statement, submitting false

information, making any form of fraud or

misrepresentation, or refusing to provide complete

information in response to a question in an application for

licensure.

(2) Failing to comply with the covenants certified to

on the application for licensure as an education provider.

(3) Committing an act or omission involving

dishonesty, fraud, or misrepresentation or allowing any

such act or omission by any employee or contractor under

the control of the education provider.

(4) Engaging in misleading or untruthful advertising.

(5) Failing to retain competent instructors in

accordance with rules adopted under this Act.

(6) Failing to meet the topic or time requirements for

course approval as the provider of a pre-license curriculum

course or a continuing education course.

(7) Failing to administer an approved course using the

course materials, syllabus, and examinations submitted as

the basis of the course approval.

(8) Failing to provide an appropriate classroom

environment for presentation of courses, with

consideration for student comfort, acoustics, lighting,

seating, workspace, and visual aid material.

(9) Failing to maintain student records in compliance

with the rules adopted under this Act.

(10) Failing to provide a certificate, transcript, or

other student record to the Department or to a student as

may be required by rule.

(11) Failing to fully cooperate with a Department

investigation by knowingly making a false statement,

submitting false or misleading information, or refusing to

provide complete information in response to written

interrogatories or a written request for documentation

within 30 days of the request.

(c) In appropriate cases, the Department may resolve a

complaint against a licensee through the issuance of a Consent

to Administrative Supervision order. A licensee subject to a

Consent to Administrative Supervision order shall be

considered by the Department as an active licensee in good

standing. This order shall not be reported as or considered by

the Department to be a discipline of the licensee. The records

regarding an investigation and a Consent to Administrative

Supervision order shall be considered confidential and shall

not be released by the Department except as mandated by law.

The complainant shall be notified that his or her complaint has

been resolved by a Consent to Administrative Supervision order.

(d) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a tax

return, to pay the tax, penalty, or interest shown in a filed

tax return, or to pay any final assessment of tax, penalty, or

interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of the tax Act are satisfied in accordance with

subsection (g) of Section 2105-15 of the Civil Administrative

Code of Illinois.

(e) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(f) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(g) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission, as

provided in the Mental Health and Developmental Disabilities

Code, operates as an automatic suspension. The suspension will

end only upon a finding by a court that the patient is no

longer subject to involuntary admission or judicial admission

and the issuance of a court order so finding and discharging

the patient.

(h) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act, or who has applied for licensure under

this Act, to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physician shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Act or who has

applied for a license under this Act, who, because of a

physical or mental illness or disability, including, but not

limited to, deterioration through the aging process or loss of

motor skill, is unable to practice the profession with

reasonable judgment, skill, or safety, may be required by the

Department to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition, term, or restriction for continued, reinstated, or

renewed licensure to practice. Submission to care, counseling,

or treatment as required by the Department shall not be

considered discipline of a license. If the licensee refuses to

enter into a care, counseling, or treatment agreement or fails

to abide by the terms of the agreement, the Department may file

a complaint to revoke, suspend, or otherwise discipline the

license of the individual. The Secretary may order the license

suspended immediately, pending a hearing by the Department.

Fines shall not be assessed in disciplinary actions involving

physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 97-226, eff. 7-28-11; 97-877, eff. 8-2-12;

98-756, eff. 7-16-14.)

(225 ILCS 447/40-35 rep.)

Section 870. The Private Detective, Private Alarm, Private

Security, Fingerprint Vendor, and Locksmith Act of 2004 is

amended by repealing Section 40-35.

Section 875. The Illinois Public Accounting Act is amended

by changing Section 20.01 as follows:

(225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)

(Section scheduled to be repealed on January 1, 2024)

Sec. 20.01. Grounds for discipline; license or

registration.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, or reprimand any registration or registrant,

any license or licensee, place a licensee or registrant on

probation for a period of time subject to any conditions the

Department may specify including requiring the licensee or

registrant to attend continuing education courses or to work

under the supervision of another licensee or registrant, impose

a fine not to exceed $10,000 for each violation, restrict the

authorized scope of practice, require a licensee or registrant

to undergo a peer review program, assess costs as provided for

under Section 20.4, or take other disciplinary or

non-disciplinary action for any one or more of the following:

(1) Violation of any provision of this Act or rule

adopted by the Department under this Act or violation of

professional standards.

(2) Dishonesty, fraud, or deceit in obtaining,

reinstating, or restoring a license or registration.

(3) Cancellation, revocation, suspension, denial of

licensure or registration, or refusal to renew a license or

privileges under Section 5.2 for disciplinary reasons in

any other U.S. jurisdiction, unit of government, or

government agency for any cause.

(4) Failure, on the part of a licensee under Section 13

or registrant under Section 16, to maintain compliance with

the requirements for issuance or renewal of a license or

registration or to report changes to the Department.

(5) Revocation or suspension of the right to practice

by or before any state or federal regulatory authority or

by the Public Company Accounting Oversight Board.

(6) Dishonesty, fraud, deceit, or gross negligence in

the performance of services as a licensee or registrant or

individual granted privileges under Section 5.2.

(7) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States that is (i) a felony or

(ii) a misdemeanor, an essential element of which is

dishonesty, or that is directly related to the practice of

public accounting.

(8) Performance of any fraudulent act while holding a

license or privilege issued under this Act or prior law.

(9) Practicing on a revoked, suspended, or inactive

license or registration.

(10) Making or filing a report or record that the

registrant or licensee knows to be false, willfully failing

to file a report or record required by State or federal

law, willfully impeding or obstructing the filing or

inducing another person to impede or obstruct only those

that are signed in the capacity of a licensed CPA or a

registered CPA.

(11) Aiding or assisting another person in violating

any provision of this Act or rules promulgated hereunder.

(12) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(13) Habitual or excessive use or abuse of drugs,

alcohol, narcotics, stimulants, or any other substance

that results in the inability to practice with reasonable

skill, judgment, or safety.

(14) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional service not actually rendered.

(15) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill that results in the licensee or registrant's

inability to practice under this Act with reasonable

judgment, skill, or safety.

(16) Solicitation of professional services by using

false or misleading advertising.

(17) Any conduct reflecting adversely upon the

licensee's fitness to perform services while a licensee or

individual granted privileges under Section 5.2.

(18) Practicing or attempting to practice under a name

other than the full name as shown on the license or

registration or any other legally authorized name.

(19) A finding by the Department that a licensee or

registrant has not complied with a provision of any lawful

order issued by the Department.

(20) Making a false statement to the Department

regarding compliance with continuing professional

education or peer review requirements.

(21) Failing to make a substantive response to a

request for information by the Department within 30 days of

the request.

(b) (Blank).

(b-5) All fines or costs imposed under this Section shall

be paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine or cost.

(c) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary or non-disciplinary action against that person

based solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Department

of Professional Regulation Law of the Civil Administrative Code

of Illinois.

(d) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license or registration of any person who fails

to file a return, to pay a tax, penalty, or interest shown in a

filed return, or to pay any final assessment of tax, penalty,

or interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied in accordance

with subsection (g) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(e) (Blank). The Department shall deny any application for

a license, registration, or renewal, without hearing, to any

person who has defaulted on an educational loan guaranteed by

the Illinois Student Assistance Commission; however, the

Department may issue a license, registration, or renewal if the

person in default has established a satisfactory repayment

record as determined by the Illinois Student Assistance

Commission.

(f) The determination by a court that a licensee or

registrant is subject to involuntary admission or judicial

admission as provided in the Mental Health and Developmental

Disabilities Code will result in the automatic suspension of

his or her license or registration. The licensee or registrant

shall be responsible for notifying the Department of the

determination by the court that the licensee or registrant is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code. The suspension shall end only upon a finding by a court

that the patient is no longer subject to involuntary admission

or judicial admission, the issuance of an order so finding and

discharging the patient, and the filing of a petition for

restoration demonstrating fitness to practice.

(g) In enforcing this Section, the Department, upon a

showing of a possible violation, may compel, any licensee or

registrant or any individual who has applied for licensure

under this Act, to submit to a mental or physical examination

and evaluation, or both, which may include a substance abuse or

sexual offender evaluation, at the expense of the Department.

The Department shall specifically designate the examining

physician licensed to practice medicine in all of its branches

or, if applicable, the multidisciplinary team involved in

providing the mental or physical examination and evaluation, or

both. The multidisciplinary team shall be led by a physician

licensed to practice medicine in all of its branches and may

consist of one or more or a combination of physicians licensed

to practice medicine in all of its branches, licensed

chiropractic physicians, licensed clinical psychologists,

licensed clinical social workers, licensed clinical

professional counselors, and other professional and

administrative staff. Any examining physician or member of the

multidisciplinary team may require any person ordered to submit

to an examination and evaluation under this Section to submit

to any additional supplemental testing deemed necessary to

complete any examination or evaluation process, including, but

not limited to, blood testing, urinalysis, psychological

testing, or neuropsychological testing. The Department may

order the examining physician or any member of the

multidisciplinary team to provide to the Department any and all

records, including business records, that relate to the

examination and evaluation, including any supplemental testing

performed. The Department may order the examining physician or

any member of the multidisciplinary team to present testimony

concerning this examination and evaluation of the licensee,

registrant, or applicant, including testimony concerning any

supplemental testing or documents relating to the examination

and evaluation. No information, report, record, or other

documents in any way related to the examination and evaluation

shall be excluded by reason of any common law or statutory

privilege relating to communication between the licensee,

registrant, or applicant and the examining physician or any

member of the multidisciplinary team. No authorization is

necessary from the individual ordered to undergo an evaluation

and examination for the examining physician or any member of

the multidisciplinary team to provide information, reports,

records, or other documents or to provide any testimony

regarding the examination and evaluation.

The individual to be examined may have, at his or her own

expense, another physician of his or her choice present during

all aspects of the examination. Failure of any individual to

submit to mental or physical examination and evaluation, or

both, when directed, shall result in an automatic suspension,

without hearing, until such time as the individual submits to

the examination. If the Department finds a licensee,

registrant, or applicant unable to practice because of the

reasons set forth in this Section, the Department shall require

such licensee, registrant, or applicant to submit to care,

counseling, or treatment by physicians approved or designated

by the Department, as a condition for continued, reinstated, or

renewed licensure to practice.

When the Secretary immediately suspends a license or

registration under this Section, a hearing upon such person's

license or registration must be convened by the Department

within 15 days after such suspension and completed without

appreciable delay. The Department shall have the authority to

review the subject's record of treatment and counseling

regarding the impairment, to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

Individuals licensed or registered under this Act,

affected under this Section, shall be afforded an opportunity

to demonstrate to the Department that they can resume practice

in compliance with acceptable and prevailing standards under

the provisions of their license or registration.

(Source: P.A. 98-254, eff. 8-9-13.)

Section 880. The Real Estate License Act of 2000 is amended

by changing Section 20-20 as follows:

(225 ILCS 454/20-20)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-20. Grounds for discipline.

(a) The Department may refuse to issue or renew a license,

may place on probation, suspend, or revoke any license,

reprimand, or take any other disciplinary or non-disciplinary

action as the Department may deem proper and impose a fine not

to exceed $25,000 upon any licensee or applicant under this Act

or any person who holds himself or herself out as an applicant

or licensee or against a licensee in handling his or her own

property, whether held by deed, option, or otherwise, for any

one or any combination of the following causes:

(1) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(2) The conviction of or plea of guilty or plea of nolo

contendere to a felony or misdemeanor in this State or any

other jurisdiction; or the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction. Action taken under this paragraph (2) for a

misdemeanor or an administrative sanction is limited to a

misdemeanor or administrative sanction that has as an

essential element dishonesty or fraud or involves larceny,

embezzlement, or obtaining money, property, or credit by

false pretenses or by means of a confidence game.

(3) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, or a mental illness or disability.

(4) Practice under this Act as a licensee in a retail

sales establishment from an office, desk, or space that is

not separated from the main retail business by a separate

and distinct area within the establishment.

(5) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, or a

governmental agency authorized to impose discipline if at

least one of the grounds for that discipline is the same as

or the equivalent of one of the grounds for which a

licensee may be disciplined under this Act. A certified

copy of the record of the action by the other state or

jurisdiction shall be prima facie evidence thereof.

(6) Engaging in the practice of real estate brokerage

without a license or after the licensee's license or

temporary permit was expired or while the license was

inoperative.

(7) Cheating on or attempting to subvert the Real

Estate License Exam or continuing education exam.

(8) Aiding or abetting an applicant to subvert or cheat

on the Real Estate License Exam or continuing education

exam administered pursuant to this Act.

(9) Advertising that is inaccurate, misleading, or

contrary to the provisions of the Act.

(10) Making any substantial misrepresentation or

untruthful advertising.

(11) Making any false promises of a character likely to

influence, persuade, or induce.

(12) Pursuing a continued and flagrant course of

misrepresentation or the making of false promises through

licensees, employees, agents, advertising, or otherwise.

(13) Any misleading or untruthful advertising, or

using any trade name or insignia of membership in any real

estate organization of which the licensee is not a member.

(14) Acting for more than one party in a transaction

without providing written notice to all parties for whom

the licensee acts.

(15) Representing or attempting to represent a broker

other than the sponsoring broker.

(16) Failure to account for or to remit any moneys or

documents coming into his or her possession that belong to

others.

(17) Failure to maintain and deposit in a special

account, separate and apart from personal and other

business accounts, all escrow moneys belonging to others

entrusted to a licensee while acting as a broker, escrow

agent, or temporary custodian of the funds of others or

failure to maintain all escrow moneys on deposit in the

account until the transactions are consummated or

terminated, except to the extent that the moneys, or any

part thereof, shall be:

(A) disbursed prior to the consummation or

termination (i) in accordance with the written

direction of the principals to the transaction or their

duly authorized agents, (ii) in accordance with

directions providing for the release, payment, or

distribution of escrow moneys contained in any written

contract signed by the principals to the transaction or

their duly authorized agents, or (iii) pursuant to an

order of a court of competent jurisdiction; or

(B) deemed abandoned and transferred to the Office

of the State Treasurer to be handled as unclaimed

property pursuant to the Revised Uniform Unclaimed

Property Act. Escrow moneys may be deemed abandoned

under this subparagraph (B) only: (i) in the absence of

disbursement under subparagraph (A); (ii) in the

absence of notice of the filing of any claim in a court

of competent jurisdiction; and (iii) if 6 months have

elapsed after the receipt of a written demand for the

escrow moneys from one of the principals to the

transaction or the principal's duly authorized agent.

The account shall be noninterest bearing, unless the

character of the deposit is such that payment of interest

thereon is otherwise required by law or unless the

principals to the transaction specifically require, in

writing, that the deposit be placed in an interest bearing

account.

(18) Failure to make available to the Department all

escrow records and related documents maintained in

connection with the practice of real estate within 24 hours

of a request for those documents by Department personnel.

(19) Failing to furnish copies upon request of

documents relating to a real estate transaction to a party

who has executed that document.

(20) Failure of a sponsoring broker to timely provide

information, sponsor cards, or termination of licenses to

the Department.

(21) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(22) Commingling the money or property of others with

his or her own money or property.

(23) Employing any person on a purely temporary or

single deal basis as a means of evading the law regarding

payment of commission to nonlicensees on some contemplated

transactions.

(24) Permitting the use of his or her license as a

broker to enable a leasing agent or unlicensed person to

operate a real estate business without actual

participation therein and control thereof by the broker.

(25) Any other conduct, whether of the same or a

different character from that specified in this Section,

that constitutes dishonest dealing.

(26) Displaying a "for rent" or "for sale" sign on any

property without the written consent of an owner or his or

her duly authorized agent or advertising by any means that

any property is for sale or for rent without the written

consent of the owner or his or her authorized agent.

(27) Failing to provide information requested by the

Department, or otherwise respond to that request, within 30

days of the request.

(28) Advertising by means of a blind advertisement,

except as otherwise permitted in Section 10-30 of this Act.

(29) Offering guaranteed sales plans, as defined in

clause (A) of this subdivision (29), except to the extent

hereinafter set forth:

(A) A "guaranteed sales plan" is any real estate

purchase or sales plan whereby a licensee enters into a

conditional or unconditional written contract with a

seller, prior to entering into a brokerage agreement

with the seller, by the terms of which a licensee

agrees to purchase a property of the seller within a

specified period of time at a specific price in the

event the property is not sold in accordance with the

terms of a brokerage agreement to be entered into

between the sponsoring broker and the seller.

(B) A licensee offering a guaranteed sales plan

shall provide the details and conditions of the plan in

writing to the party to whom the plan is offered.

(C) A licensee offering a guaranteed sales plan

shall provide to the party to whom the plan is offered

evidence of sufficient financial resources to satisfy

the commitment to purchase undertaken by the broker in

the plan.

(D) Any licensee offering a guaranteed sales plan

shall undertake to market the property of the seller

subject to the plan in the same manner in which the

broker would market any other property, unless the

agreement with the seller provides otherwise.

(E) The licensee cannot purchase seller's property

until the brokerage agreement has ended according to

its terms or is otherwise terminated.

(F) Any licensee who fails to perform on a

guaranteed sales plan in strict accordance with its

terms shall be subject to all the penalties provided in

this Act for violations thereof and, in addition, shall

be subject to a civil fine payable to the party injured

by the default in an amount of up to $25,000.

(30) Influencing or attempting to influence, by any

words or acts, a prospective seller, purchaser, occupant,

landlord, or tenant of real estate, in connection with

viewing, buying, or leasing real estate, so as to promote

or tend to promote the continuance or maintenance of

racially and religiously segregated housing or so as to

retard, obstruct, or discourage racially integrated

housing on or in any street, block, neighborhood, or

community.

(31) Engaging in any act that constitutes a violation

of any provision of Article 3 of the Illinois Human Rights

Act, whether or not a complaint has been filed with or

adjudicated by the Human Rights Commission.

(32) Inducing any party to a contract of sale or lease

or brokerage agreement to break the contract of sale or

lease or brokerage agreement for the purpose of

substituting, in lieu thereof, a new contract for sale or

lease or brokerage agreement with a third party.

(33) Negotiating a sale, exchange, or lease of real

estate directly with any person if the licensee knows that

the person has an exclusive brokerage agreement with

another broker, unless specifically authorized by that

broker.

(34) When a licensee is also an attorney, acting as the

attorney for either the buyer or the seller in the same

transaction in which the licensee is acting or has acted as

a managing broker or broker.

(35) Advertising or offering merchandise or services

as free if any conditions or obligations necessary for

receiving the merchandise or services are not disclosed in

the same advertisement or offer. These conditions or

obligations include without limitation the requirement

that the recipient attend a promotional activity or visit a

real estate site. As used in this subdivision (35), "free"

includes terms such as "award", "prize", "no charge", "free

of charge", "without charge", and similar words or phrases

that reasonably lead a person to believe that he or she may

receive or has been selected to receive something of value,

without any conditions or obligations on the part of the

recipient.

(36) (Blank).

(37) Violating the terms of a disciplinary order issued

by the Department.

(38) Paying or failing to disclose compensation in

violation of Article 10 of this Act.

(39) Requiring a party to a transaction who is not a

client of the licensee to allow the licensee to retain a

portion of the escrow moneys for payment of the licensee's

commission or expenses as a condition for release of the

escrow moneys to that party.

(40) Disregarding or violating any provision of this

Act or the published rules promulgated by the Department to

enforce this Act or aiding or abetting any individual,

partnership, registered limited liability partnership,

limited liability company, or corporation in disregarding

any provision of this Act or the published rules

promulgated by the Department to enforce this Act.

(41) Failing to provide the minimum services required

by Section 15-75 of this Act when acting under an exclusive

brokerage agreement.

(42) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in a managing broker, broker, or leasing

agent's inability to practice with reasonable skill or

safety.

(43) Enabling, aiding, or abetting an auctioneer, as

defined in the Auction License Act, to conduct a real

estate auction in a manner that is in violation of this

Act.

(44) Permitting any leasing agent or temporary leasing

agent permit holder to engage in activities that require a

broker's or managing broker's license.

(b) The Department may refuse to issue or renew or may

suspend the license of any person who fails to file a return,

pay the tax, penalty or interest shown in a filed return, or

pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Department of

Revenue, until such time as the requirements of that tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Civil Administrative Code of Illinois.

(c) (Blank). The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(d) In cases where the Department of Healthcare and Family

Services (formerly Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department may

refuse to issue or renew or may revoke or suspend that person's

license or may take other disciplinary action against that

person based solely upon the certification of delinquency made

by the Department of Healthcare and Family Services in

accordance with item (5) of subsection (a) of Section 2105-15

of the Civil Administrative Code of Illinois.

(e) In enforcing this Section, the Department or Board upon

a showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. Failure of an

individual to submit to a mental or physical examination, when

directed, shall be grounds for suspension of his or her license

until the individual submits to the examination if the

Department finds, after notice and hearing, that the refusal to

submit to the examination was without reasonable cause.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend, revoke,

or otherwise discipline the license of the individual. An

individual whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,

conditions, or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 30 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;

100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)

(225 ILCS 458/15-45 rep.)

Section 885. The Real Estate Appraiser Licensing Act of

2002 is amended by repealing Section 15-45.

Section 890. The Radon Industry Licensing Act is amended by

changing Section 45 as follows:

(420 ILCS 44/45)

Sec. 45. Grounds for disciplinary action. The Agency may

refuse to issue or to renew, or may revoke, suspend, or take

other disciplinary action as the Agency may deem proper,

including fines not to exceed $1,000 for each violation, with

regard to any license for any one or combination of the

following causes:

(a) Violation of this Act or its rules.

(b) Conviction of a crime under the laws of any United

States jurisdiction that is a felony or of any crime that

directly relates to the practice of detecting or reducing

the presence of radon or radon progeny. Consideration of

such conviction of an applicant shall be in accordance with

Section 46.

(c) Making a misrepresentation for the purpose of

obtaining a license.

(d) Professional incompetence or gross negligence in

the practice of detecting or reducing the presence of radon

or radon progeny.

(e) Gross malpractice, prima facie evidence of which

may be a conviction or judgment of malpractice in a court

of competent jurisdiction.

(f) Aiding or assisting another person in violating a

provision of this Act or its rules.

(g) Failing, within 60 days, to provide information in

response to a written request made by the Agency that has

been sent by mail to the licensee's last known address.

(h) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(i) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in the inability to practice with reasonable

judgment, skill, or safety.

(j) Discipline by another United States jurisdiction

or foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth in this Section.

(k) Directly or indirectly giving to or receiving from

a person any fee, commission, rebate, or other form of

compensation for a professional service not actually or

personally rendered.

(l) A finding by the Agency that the licensee has

violated the terms of a license.

(m) Conviction by a court of competent jurisdiction,

either within or outside of this State, of a violation of a

law governing the practice of detecting or reducing the

presence of radon or radon progeny if the Agency determines

after investigation that the person has not been

sufficiently rehabilitated to warrant the public trust.

(n) A finding by the Agency that a license has been

applied for or obtained by fraudulent means.

(o) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other authorized name.

(p) Gross and willful overcharging for professional

services, including filing false statements for collection

of fees or moneys for which services are not rendered.

(q) Failure to file a return or to pay the tax,

penalty, or interest shown in a filed return, or to pay any

final assessment of tax, penalty, or interest, as required

by a tax Act administered by the Department of Revenue,

until such time as the requirements of any such tax Act are

satisfied.

(r) (Blank). Failure to repay educational loans

guaranteed by the Illinois Student Assistance Commission,

as provided in Section 80 of the Nuclear Safety Law of

2004. However, the Agency may issue an original or renewal

license if the person in default has established a

satisfactory repayment record as determined by the

Illinois Student Assistance Commission.

(s) Failure to meet child support orders, as provided

in Section 10-65 of the Illinois Administrative Procedure

Act.

(t) Failure to pay a fee or civil penalty properly

assessed by the Agency.

(Source: P.A. 100-286, eff. 1-1-18.)

Section 900. The Attorney Act is amended by changing

Section 1 as follows:

(705 ILCS 205/1) (from Ch. 13, par. 1)

Sec. 1. No person shall be permitted to practice as an

attorney or counselor at law within this State without having

previously obtained a license for that purpose from the Supreme

Court of this State.

No person shall receive any compensation directly or

indirectly for any legal services other than a regularly

licensed attorney, nor may an unlicensed person advertise or

hold himself or herself out to provide legal services.

A license, as provided for herein, constitutes the person

receiving the same an attorney and counselor at law, according

to the law and customs thereof, for and during his good

behavior in the practice and authorizes him to demand and

receive fees for any services which he may render as an

attorney and counselor at law in this State. No person shall be

granted a license or renewal authorized by this Act who has

defaulted on an educational loan guaranteed by the Illinois

Student Assistance Commission; however, a license or renewal

may be issued to the aforementioned persons who have

established a satisfactory repayment record as determined by

the Illinois Student Assistance Commission. No person shall be

granted a license or renewal authorized by this Act who is more

than 30 days delinquent in complying with a child support

order; a license or renewal may be issued, however, if the

person has established a satisfactory repayment record as

determined (i) by the Department of Healthcare and Family

Services (formerly Illinois Department of Public Aid) for cases

being enforced under Article X of the Illinois Public Aid Code

or (ii) in all other cases by order of court or by written

agreement between the custodial parent and non-custodial

parent. No person shall be refused a license under this Act on

account of sex.

Any person practicing, charging or receiving fees for legal

services or advertising or holding himself or herself out to

provide legal services within this State, either directly or

indirectly, without being licensed to practice as herein

required, is guilty of contempt of court and shall be punished

accordingly, upon complaint being filed in any Circuit Court of

this State. The remedies available include, but are not limited

to: (i) appropriate equitable relief; (ii) a civil penalty not

to exceed $5,000, which shall be paid to the Illinois Equal

Justice Foundation; and (iii) actual damages. Such proceedings

shall be conducted in the Courts of the respective counties

where the alleged contempt has been committed in the same

manner as in cases of indirect contempt and with the right of

review by the parties thereto.

The provisions of this Act shall be in addition to other

remedies permitted by law and shall not be construed to deprive

courts of this State of their inherent right to punish for

contempt or to restrain the unauthorized practice of law.

Nothing in this Act shall be construed to conflict with,

amend, or modify Section 5 of the Corporation Practice of Law

Prohibition Act or prohibit representation of a party by a

person who is not an attorney in a proceeding before either

panel of the Illinois Labor Relations Board under the Illinois

Public Labor Relations Act, as now or hereafter amended, the

Illinois Educational Labor Relations Board under the Illinois

Educational Labor Relations Act, as now or hereafter amended,

the State Civil Service Commission, the local Civil Service

Commissions, or the University Civil Service Merit Board, to

the extent allowed pursuant to rules and regulations

promulgated by those Boards and Commissions or the giving of

information, training, or advocacy or assistance in any

meetings or administrative proceedings held pursuant to the

federal Individuals with Disabilities Education Act, the

federal Rehabilitation Act of 1973, the federal Americans with

Disabilities Act of 1990, or the federal Social Security Act,

to the extent allowed by those laws or the federal regulations

or State statutes implementing those laws.

(Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07;

95-410, eff. 8-24-07.)

Section 905. The Illinois Securities Law of 1953 is amended

by changing Section 8 as follows:

(815 ILCS 5/8) (from Ch. 121 1/2, par. 137.8)

Sec. 8. Registration of dealers, limited Canadian dealers,

Internet portals, salespersons, investment advisers, and

investment adviser representatives.

A. Except as otherwise provided in this subsection A, every

dealer, limited Canadian dealer, salesperson, investment

adviser, and investment adviser representative shall be

registered as such with the Secretary of State. No dealer or

salesperson need be registered as such when offering or selling

securities in transactions exempted by subsection A, B, C, D,

E, G, H, I, J, K, M, O, P, Q, R or S of Section 4 of this Act,

provided that such dealer or salesperson is not regularly

engaged in the business of offering or selling securities in

reliance upon the exemption set forth in subsection G or M of

Section 4 of this Act. No dealer, issuer or controlling person

shall employ a salesperson unless such salesperson is

registered as such with the Secretary of State or is employed

for the purpose of offering or selling securities solely in

transactions exempted by subsection A, B, C, D, E, G, H, I, J,

K, L, M, O, P, Q, R or S of Section 4 of this Act; provided that

such salesperson need not be registered when effecting

transactions in this State limited to those transactions

described in Section 15(h)(2) of the Federal 1934 Act or

engaging in the offer or sale of securities in respect of which

he or she has beneficial ownership and is a controlling person.

The Secretary of State may, by rule, regulation or order and

subject to such terms, conditions, and fees as may be

prescribed in such rule, regulation or order, exempt from the

registration requirements of this Section 8 any investment

adviser, if the Secretary of State shall find that such

registration is not necessary in the public interest by reason

of the small number of clients or otherwise limited character

of operation of such investment adviser.

B. An application for registration as a dealer or limited

Canadian dealer, executed, verified, or authenticated by or on

behalf of the applicant, shall be filed with the Secretary of

State, in such form as the Secretary of State may by rule,

regulation or order prescribe, setting forth or accompanied by:

(1) The name and address of the applicant, the location

of its principal business office and all branch offices, if

any, and the date of its organization;

(2) A statement of any other Federal or state licenses

or registrations which have been granted the applicant and

whether any such licenses or registrations have ever been

refused, cancelled, suspended, revoked or withdrawn;

(3) The assets and all liabilities, including

contingent liabilities of the applicant, as of a date not

more than 60 days prior to the filing of the application;

(4) (a) A brief description of any civil or criminal

proceeding of which fraud is an essential element pending

against the applicant and whether the applicant has ever

been convicted of a felony, or of any misdemeanor of which

fraud is an essential element;

(b) A list setting forth the name, residence and

business address and a 10 year occupational statement of

each principal of the applicant and a statement describing

briefly any civil or criminal proceedings of which fraud is

an essential element pending against any such principal and

the facts concerning any conviction of any such principal

of a felony, or of any misdemeanor of which fraud is an

essential element;

(5) If the applicant is a corporation: a list of its

officers and directors setting forth the residence and

business address of each; a 10-year occupational statement

of each such officer or director; and a statement

describing briefly any civil or criminal proceedings of

which fraud is an essential element pending against each

such officer or director and the facts concerning any

conviction of any officer or director of a felony, or of

any misdemeanor of which fraud is an essential element;

(6) If the applicant is a sole proprietorship, a

partnership, limited liability company, an unincorporated

association or any similar form of business organization:

the name, residence and business address of the proprietor

or of each partner, member, officer, director, trustee or

manager; the limitations, if any, of the liability of each

such individual; a 10-year occupational statement of each

such individual; a statement describing briefly any civil

or criminal proceedings of which fraud is an essential

element pending against each such individual and the facts

concerning any conviction of any such individual of a

felony, or of any misdemeanor of which fraud is an

essential element;

(7) Such additional information as the Secretary of

State may by rule or regulation prescribe as necessary to

determine the applicant's financial responsibility,

business repute and qualification to act as a dealer.

(8) (a) No applicant shall be registered or

re-registered as a dealer or limited Canadian dealer under

this Section unless and until each principal of the dealer

has passed an examination conducted by the Secretary of

State or a self-regulatory organization of securities

dealers or similar person, which examination has been

designated by the Secretary of State by rule, regulation or

order to be satisfactory for purposes of determining

whether the applicant has sufficient knowledge of the

securities business and laws relating thereto to act as a

registered dealer. Any dealer who was registered on

September 30, 1963, and has continued to be so registered;

and any principal of any registered dealer, who was acting

in such capacity on and continuously since September 30,

1963; and any individual who has previously passed a

securities dealer examination administered by the

Secretary of State or any examination designated by the

Secretary of State to be satisfactory for purposes of

determining whether the applicant has sufficient knowledge

of the securities business and laws relating thereto to act

as a registered dealer by rule, regulation or order, shall

not be required to pass an examination in order to continue

to act in such capacity. The Secretary of State may by

order waive the examination requirement for any principal

of an applicant for registration under this subsection B

who has had such experience or education relating to the

securities business as may be determined by the Secretary

of State to be the equivalent of such examination. Any

request for such a waiver shall be filed with the Secretary

of State in such form as may be prescribed by rule or

regulation.

(b) Unless an applicant is a member of the body

corporate known as the Securities Investor Protection

Corporation established pursuant to the Act of Congress of

the United States known as the Securities Investor

Protection Act of 1970, as amended, a member of an

association of dealers registered as a national securities

association pursuant to Section 15A of the Federal 1934

Act, or a member of a self-regulatory organization or stock

exchange in Canada which the Secretary of State has

designated by rule or order, an applicant shall not be

registered or re-registered unless and until there is filed

with the Secretary of State evidence that such applicant

has in effect insurance or other equivalent protection for

each client's cash or securities held by such applicant,

and an undertaking that such applicant will continually

maintain such insurance or other protection during the

period of registration or re-registration. Such insurance

or other protection shall be in a form and amount

reasonably prescribed by the Secretary of State by rule or

regulation.

(9) The application for the registration of a dealer or

limited Canadian dealer shall be accompanied by a filing

fee and a fee for each branch office in this State, in each

case in the amount established pursuant to Section 11a of

this Act, which fees shall not be returnable in any event.

(10) The Secretary of State shall notify the dealer or

limited Canadian dealer by written notice (which may be by

electronic or facsimile transmission) of the effectiveness

of the registration as a dealer in this State.

(11) Any change which renders no longer accurate any

information contained in any application for registration

or re-registration of a dealer or limited Canadian dealer

shall be reported to the Secretary of State within 10

business days after the occurrence of such change; but in

respect to assets and liabilities only materially adverse

changes need be reported.

C. Any registered dealer, limited Canadian dealer, issuer,

or controlling person desiring to register a salesperson shall

file an application with the Secretary of State, in such form

as the Secretary of State may by rule or regulation prescribe,

which the salesperson is required by this Section to provide to

the dealer, issuer, or controlling person, executed, verified,

or authenticated by the salesperson setting forth or

accompanied by:

(1) the name, residence and business address of the

salesperson;

(2) whether any federal or State license or

registration as dealer, limited Canadian dealer, or

salesperson has ever been refused the salesperson or

cancelled, suspended, revoked, withdrawn, barred, limited,

or otherwise adversely affected in a similar manner or

whether the salesperson has ever been censured or expelled;

(3) the nature of employment with, and names and

addresses of, employers of the salesperson for the 10 years

immediately preceding the date of application;

(4) a brief description of any civil or criminal

proceedings of which fraud is an essential element pending

against the salesperson, and whether the salesperson has

ever been convicted of a felony, or of any misdemeanor of

which fraud is an essential element;

(5) such additional information as the Secretary of

State may by rule, regulation or order prescribe as

necessary to determine the salesperson's business repute

and qualification to act as a salesperson; and

(6) no individual shall be registered or re-registered

as a salesperson under this Section unless and until such

individual has passed an examination conducted by the

Secretary of State or a self-regulatory organization of

securities dealers or similar person, which examination

has been designated by the Secretary of State by rule,

regulation or order to be satisfactory for purposes of

determining whether the applicant has sufficient knowledge

of the securities business and laws relating thereto to act

as a registered salesperson.

Any salesperson who was registered prior to September

30, 1963, and has continued to be so registered, and any

individual who has passed a securities salesperson

examination administered by the Secretary of State or an

examination designated by the Secretary of State by rule,

regulation or order to be satisfactory for purposes of

determining whether the applicant has sufficient knowledge

of the securities business and laws relating thereto to act

as a registered salesperson, shall not be required to pass

an examination in order to continue to act as a

salesperson. The Secretary of State may by order waive the

examination requirement for any applicant for registration

under this subsection C who has had such experience or

education relating to the securities business as may be

determined by the Secretary of State to be the equivalent

of such examination. Any request for such a waiver shall be

filed with the Secretary of State in such form as may be

prescribed by rule, regulation or order.

(7) The application for registration of a salesperson

shall be accompanied by a filing fee and a Securities Audit

and Enforcement Fund fee, each in the amount established

pursuant to Section 11a of this Act, which shall not be

returnable in any event.

(8) Any change which renders no longer accurate any

information contained in any application for registration

or re-registration as a salesperson shall be reported to

the Secretary of State within 10 business days after the

occurrence of such change. If the activities are terminated

which rendered an individual a salesperson for the dealer,

issuer or controlling person, the dealer, issuer or

controlling person, as the case may be, shall notify the

Secretary of State, in writing, within 30 days of the

salesperson's cessation of activities, using the

appropriate termination notice form.

(9) A registered salesperson may transfer his or her

registration under this Section 8 for the unexpired term

thereof from one registered dealer or limited Canadian

dealer to another by the giving of notice of the transfer

by the new registered dealer or limited Canadian dealer to

the Secretary of State in such form and subject to such

conditions as the Secretary of State shall by rule or

regulation prescribe. The new registered dealer or limited

Canadian dealer shall promptly file an application for

registration of such salesperson as provided in this

subsection C, accompanied by the filing fee prescribed by

paragraph (7) of this subsection C.

C-5. Except with respect to federal covered investment

advisers whose only clients are investment companies as defined

in the Federal 1940 Act, other investment advisers, federal

covered investment advisers, or any similar person which the

Secretary of State may prescribe by rule or order, a federal

covered investment adviser shall file with the Secretary of

State, prior to acting as a federal covered investment adviser

in this State, such documents as have been filed with the

Securities and Exchange Commission as the Secretary of State by

rule or order may prescribe. The notification of a federal

covered investment adviser shall be accompanied by a

notification filing fee established pursuant to Section 11a of

this Act, which shall not be returnable in any event. Every

person acting as a federal covered investment adviser in this

State shall file a notification filing and pay an annual

notification filing fee established pursuant to Section 11a of

this Act, which is not returnable in any event. The failure to

file any such notification shall constitute a violation of

subsection D of Section 12 of this Act, subject to the

penalties enumerated in Section 14 of this Act. Until October

10, 1999 or other date as may be legally permissible, a federal

covered investment adviser who fails to file the notification

or refuses to pay the fees as required by this subsection shall

register as an investment adviser with the Secretary of State

under Section 8 of this Act. The civil remedies provided for in

subsection A of Section 13 of this Act and the civil remedies

of rescission and appointment of receiver, conservator,

ancillary receiver, or ancillary conservator provided for in

subsection F of Section 13 of this Act shall not be available

against any person by reason of the failure to file any such

notification or to pay the notification fee or on account of

the contents of any such notification.

D. An application for registration as an investment

adviser, executed, verified, or authenticated by or on behalf

of the applicant, shall be filed with the Secretary of State,

in such form as the Secretary of State may by rule or

regulation prescribe, setting forth or accompanied by:

(1) The name and form of organization under which the

investment adviser engages or intends to engage in

business; the state or country and date of its

organization; the location of the adviser's principal

business office and branch offices, if any; the names and

addresses of the adviser's principal, partners, officers,

directors, and persons performing similar functions or, if

the investment adviser is an individual, of the individual;

and the number of the adviser's employees who perform

investment advisory functions;

(2) The education, the business affiliations for the

past 10 years, and the present business affiliations of the

investment adviser and of the adviser's principal,

partners, officers, directors, and persons performing

similar functions and of any person controlling the

investment adviser;

(3) The nature of the business of the investment

adviser, including the manner of giving advice and

rendering analyses or reports;

(4) The nature and scope of the authority of the

investment adviser with respect to clients' funds and

accounts;

(5) The basis or bases upon which the investment

adviser is compensated;

(6) Whether the investment adviser or any principal,

partner, officer, director, person performing similar

functions or person controlling the investment adviser (i)

within 10 years of the filing of the application has been

convicted of a felony, or of any misdemeanor of which fraud

is an essential element, or (ii) is permanently or

temporarily enjoined by order or judgment from acting as an

investment adviser, underwriter, dealer, principal or

salesperson, or from engaging in or continuing any conduct

or practice in connection with any such activity or in

connection with the purchase or sale of any security, and

in each case the facts relating to the conviction, order or

judgment;

(7) (a) A statement as to whether the investment

adviser is engaged or is to engage primarily in the

business of rendering investment supervisory services; and

(b) A statement that the investment adviser will

furnish his, her, or its clients with such information as

the Secretary of State deems necessary in the form

prescribed by the Secretary of State by rule or regulation;

(8) Such additional information as the Secretary of

State may, by rule, regulation or order prescribe as

necessary to determine the applicant's financial

responsibility, business repute and qualification to act

as an investment adviser.

(9) No applicant shall be registered or re-registered

as an investment adviser under this Section unless and

until each principal of the applicant who is actively

engaged in the conduct and management of the applicant's

advisory business in this State has passed an examination

or completed an educational program conducted by the

Secretary of State or an association of investment advisers

or similar person, which examination or educational

program has been designated by the Secretary of State by

rule, regulation or order to be satisfactory for purposes

of determining whether the applicant has sufficient

knowledge of the securities business and laws relating

thereto to conduct the business of a registered investment

adviser.

Any person who was a registered investment adviser

prior to September 30, 1963, and has continued to be so

registered, and any individual who has passed an investment

adviser examination administered by the Secretary of

State, or passed an examination or completed an educational

program designated by the Secretary of State by rule,

regulation or order to be satisfactory for purposes of

determining whether the applicant has sufficient knowledge

of the securities business and laws relating thereto to

conduct the business of a registered investment adviser,

shall not be required to pass an examination or complete an

educational program in order to continue to act as an

investment adviser. The Secretary of State may by order

waive the examination or educational program requirement

for any applicant for registration under this subsection D

if the principal of the applicant who is actively engaged

in the conduct and management of the applicant's advisory

business in this State has had such experience or education

relating to the securities business as may be determined by

the Secretary of State to be the equivalent of the

examination or educational program. Any request for a

waiver shall be filed with the Secretary of State in such

form as may be prescribed by rule or regulation.

(10) No applicant shall be registered or re-registered

as an investment adviser under this Section 8 unless the

application for registration or re-registration is

accompanied by an application for registration or

re-registration for each person acting as an investment

adviser representative on behalf of the adviser and a

Securities Audit and Enforcement Fund fee that shall not be

returnable in any event is paid with respect to each

investment adviser representative.

(11) The application for registration of an investment

adviser shall be accompanied by a filing fee and a fee for

each branch office in this State, in each case in the

amount established pursuant to Section 11a of this Act,

which fees shall not be returnable in any event.

(12) The Secretary of State shall notify the investment

adviser by written notice (which may be by electronic or

facsimile transmission) of the effectiveness of the

registration as an investment adviser in this State.

(13) Any change which renders no longer accurate any

information contained in any application for registration

or re-registration of an investment adviser shall be

reported to the Secretary of State within 10 business days

after the occurrence of the change. In respect to assets

and liabilities of an investment adviser that retains

custody of clients' cash or securities or accepts

pre-payment of fees in excess of $500 per client and 6 or

more months in advance only materially adverse changes need

be reported by written notice (which may be by electronic

or facsimile transmission) no later than the close of

business on the second business day following the discovery

thereof.

(14) Each application for registration as an

investment adviser shall become effective automatically on

the 45th day following the filing of the application,

required documents or information, and payment of the

required fee unless (i) the Secretary of State has

registered the investment adviser prior to that date or

(ii) an action with respect to the applicant is pending

under Section 11 of this Act.

D-5. A registered investment adviser or federal covered

investment adviser desiring to register an investment adviser

representative shall file an application with the Secretary of

State, in the form as the Secretary of State may by rule or

order prescribe, which the investment adviser representative

is required by this Section to provide to the investment

adviser, executed, verified, or authenticated by the

investment adviser representative and setting forth or

accompanied by:

(1) The name, residence, and business address of the

investment adviser representative;

(2) A statement whether any federal or state license or

registration as a dealer, salesperson, investment adviser,

or investment adviser representative has ever been

refused, canceled, suspended, revoked or withdrawn;

(3) The nature of employment with, and names and

addresses of, employers of the investment adviser

representative for the 10 years immediately preceding the

date of application;

(4) A brief description of any civil or criminal

proceedings, of which fraud is an essential element,

pending against the investment adviser representative and

whether the investment adviser representative has ever

been convicted of a felony or of any misdemeanor of which

fraud is an essential element;

(5) Such additional information as the Secretary of

State may by rule or order prescribe as necessary to

determine the investment adviser representative's business

repute or qualification to act as an investment adviser

representative;

(6) Documentation that the individual has passed an

examination conducted by the Secretary of State, an

organization of investment advisers, or similar person,

which examination has been designated by the Secretary of

State by rule or order to be satisfactory for purposes of

determining whether the applicant has sufficient knowledge

of the investment advisory or securities business and laws

relating to that business to act as a registered investment

adviser representative; and

(7) A Securities Audit and Enforcement Fund fee

established under Section 11a of this Act, which shall not

be returnable in any event.

The Secretary of State may by order waive the examination

requirement for an applicant for registration under this

subsection D-5 who has had the experience or education relating

to the investment advisory or securities business as may be

determined by the Secretary of State to be the equivalent of

the examination. A request for a waiver shall be filed with the

Secretary of State in the form as may be prescribed by rule or

order.

A change that renders no longer accurate any information

contained in any application for registration or

re-registration as an investment adviser representative must

be reported to the Secretary of State within 10 business days

after the occurrence of the change. If the activities that

rendered an individual an investment adviser representative

for the investment adviser are terminated, the investment

adviser shall notify the Secretary of State in writing (which

may be by electronic or facsimile transmission), within 30 days

of the investment adviser representative's termination, using

the appropriate termination notice form as the Secretary of

State may prescribe by rule or order.

A registered investment adviser representative may

transfer his or her registration under this Section 8 for the

unexpired term of the registration from one registered

investment adviser to another by the giving of notice of the

transfer by the new investment adviser to the Secretary of

State in the form and subject to the conditions as the

Secretary of State shall prescribe. The new registered

investment adviser shall promptly file an application for

registration of the investment adviser representative as

provided in this subsection, accompanied by the Securities

Audit and Enforcement Fund fee prescribed by paragraph (7) of

this subsection D-5.

E. (1) Subject to the provisions of subsection F of Section

11 of this Act, the registration of a dealer, limited Canadian

dealer, salesperson, investment adviser, or investment adviser

representative may be denied, suspended or revoked if the

Secretary of State finds that the dealer, limited Canadian

dealer, Internet portal, salesperson, investment adviser, or

investment adviser representative or any principal officer,

director, partner, member, trustee, manager or any person who

performs a similar function of the dealer, limited Canadian

dealer, Internet portal, or investment adviser:

(a) has been convicted of any felony during the 10 year

period preceding the date of filing of any application for

registration or at any time thereafter, or of any

misdemeanor of which fraud is an essential element;

(b) has engaged in any unethical practice in connection

with any security, or in any fraudulent business practice;

(c) has failed to account for any money or property, or

has failed to deliver any security, to any person entitled

thereto when due or within a reasonable time thereafter;

(d) in the case of a dealer, limited Canadian dealer,

or investment adviser, is insolvent;

(e) in the case of a dealer, limited Canadian dealer,

salesperson, or registered principal of a dealer or limited

Canadian dealer (i) has failed reasonably to supervise the

securities activities of any of its salespersons or other

employees and the failure has permitted or facilitated a

violation of Section 12 of this Act or (ii) is offering or

selling or has offered or sold securities in this State

through a salesperson other than a registered salesperson,

or, in the case of a salesperson, is selling or has sold

securities in this State for a dealer, limited Canadian

dealer, issuer or controlling person with knowledge that

the dealer, limited Canadian dealer, issuer or controlling

person has not complied with the provisions of this Act or

(iii) has failed reasonably to supervise the

implementation of compliance measures following notice by

the Secretary of State of noncompliance with the Act or

with the regulations promulgated thereunder or both or (iv)

has failed to maintain and enforce written procedures to

supervise the types of business in which it engages and to

supervise the activities of its salespersons that are

reasonably designed to achieve compliance with applicable

securities laws and regulations;

(f) in the case of an investment adviser, has failed

reasonably to supervise the advisory activities of any of

its investment adviser representatives or employees and

the failure has permitted or facilitated a violation of

Section 12 of this Act;

(g) has violated any of the provisions of this Act;

(h) has made any material misrepresentation to the

Secretary of State in connection with any information

deemed necessary by the Secretary of State to determine a

dealer's, limited Canadian dealer's, or investment

adviser's financial responsibility or a dealer's, limited

Canadian dealer's, investment adviser's, salesperson's, or

investment adviser representative's business repute or

qualifications, or has refused to furnish any such

information requested by the Secretary of State;

(i) has had a license or registration under any Federal

or State law regulating securities, commodity futures

contracts, or stock futures contracts refused, cancelled,

suspended, withdrawn, revoked, or otherwise adversely

affected in a similar manner;

(j) has had membership in or association with any

self-regulatory organization registered under the Federal

1934 Act or the Federal 1974 Act suspended, revoked,

refused, expelled, cancelled, barred, limited in any

capacity, or otherwise adversely affected in a similar

manner arising from any fraudulent or deceptive act or a

practice in violation of any rule, regulation or standard

duly promulgated by the self-regulatory organization;

(k) has had any order entered against it after notice

and opportunity for hearing by a securities agency of any

state, any foreign government or agency thereof, the

Securities and Exchange Commission, or the Federal

Commodities Futures Trading Commission arising from any

fraudulent or deceptive act or a practice in violation of

any statute, rule or regulation administered or

promulgated by the agency or commission;

(l) in the case of a dealer or limited Canadian dealer,

fails to maintain a minimum net capital in an amount which

the Secretary of State may by rule or regulation require;

(m) has conducted a continuing course of dealing of

such nature as to demonstrate an inability to properly

conduct the business of the dealer, limited Canadian

dealer, salesperson, investment adviser, or investment

adviser representative;

(n) has had, after notice and opportunity for hearing,

any injunction or order entered against it or license or

registration refused, cancelled, suspended, revoked,

withdrawn, limited, or otherwise adversely affected in a

similar manner by any state or federal body, agency or

commission regulating banking, insurance, finance or small

loan companies, real estate or mortgage brokers or

companies, if the action resulted from any act found by the

body, agency or commission to be a fraudulent or deceptive

act or practice in violation of any statute, rule or

regulation administered or promulgated by the body, agency

or commission;

(o) has failed to file a return, or to pay the tax,

penalty or interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue, until such time as the requirements of that tax

Act are satisfied;

(p) (blank); in the case of a natural person who is a

dealer, limited Canadian dealer, salesperson, investment

adviser, or investment adviser representative, has

defaulted on an educational loan guaranteed by the Illinois

Student Assistance Commission, until the natural person

has established a satisfactory repayment record as

determined by the Illinois Student Assistance Commission;

(q) has failed to maintain the books and records

required under this Act or rules or regulations promulgated

under this Act or under any requirements established by the

Securities and Exchange Commission or a self-regulatory

organization;

(r) has refused to allow or otherwise impeded designees

of the Secretary of State from conducting an audit,

examination, inspection, or investigation provided for

under Section 8 or 11 of this Act;

(s) has failed to maintain any minimum net capital or

bond requirement set forth in this Act or any rule or

regulation promulgated under this Act;

(t) has refused the Secretary of State or his or her

designee access to any office or location within an office

to conduct an investigation, audit, examination, or

inspection;

(u) has advised or caused a public pension fund or

retirement system established under the Illinois Pension

Code to make an investment or engage in a transaction not

authorized by that Code;

(v) if a corporation, limited liability company, or

limited liability partnership has been suspended,

canceled, revoked, or has failed to register as a foreign

corporation, limited liability company, or limited

liability partnership with the Secretary of State;

(w) is permanently or temporarily enjoined by any court

of competent jurisdiction, including any state, federal,

or foreign government, from engaging in or continuing any

conduct or practice involving any aspect of the securities

or commodities business or in any other business where the

conduct or practice enjoined involved investments,

franchises, insurance, banking, or finance;

(2) If the Secretary of State finds that any registrant or

applicant for registration is no longer in existence or has

ceased to do business as a dealer, limited Canadian dealer,

Internet portal, salesperson, investment adviser, or

investment adviser representative, or is subject to an

adjudication as a person under legal disability or to the

control of a guardian, or cannot be located after reasonable

search, or has failed after written notice to pay to the

Secretary of State any additional fee prescribed by this

Section or specified by rule or regulation, or if a natural

person, has defaulted on an educational loan guaranteed by the

Illinois Student Assistance Commission, the Secretary of State

may by order cancel the registration or application.

(3) Withdrawal of an application for registration or

withdrawal from registration as a dealer, limited Canadian

dealer, salesperson, investment adviser, or investment adviser

representative becomes effective 30 days after receipt of an

application to withdraw or within such shorter period of time

as the Secretary of State may determine, unless any proceeding

is pending under Section 11 of this Act when the application is

filed or a proceeding is instituted within 30 days after the

application is filed. If a proceeding is pending or instituted,

withdrawal becomes effective at such time and upon such

conditions as the Secretary of State by order determines. If no

proceeding is pending or instituted and withdrawal

automatically becomes effective, the Secretary of State may

nevertheless institute a revocation or suspension proceeding

within 2 years after withdrawal became effective and enter a

revocation or suspension order as of the last date on which

registration was effective.

F. The Secretary of State shall make available upon request

the date that each dealer, investment adviser, salesperson, or

investment adviser representative was granted registration,

together with the name and address of the dealer, limited

Canadian dealer, or issuer on whose behalf the salesperson is

registered, and all orders of the Secretary of State denying or

abandoning an application, or suspending or revoking

registration, or censuring the persons. The Secretary of State

may designate by rule, regulation or order the statements,

information or reports submitted to or filed with him or her

pursuant to this Section 8 which the Secretary of State

determines are of a sensitive nature and therefore should be

exempt from public disclosure. Any such statement, information

or report shall be deemed confidential and shall not be

disclosed to the public except upon the consent of the person

filing or submitting the statement, information or report or by

order of court or in court proceedings.

G. The registration or re-registration of a dealer or

limited Canadian dealer and of all salespersons registered upon

application of the dealer or limited Canadian dealer shall

expire on the next succeeding anniversary date of the

registration or re-registration of the dealer; and the

registration or re-registration of an investment adviser and of

all investment adviser representatives registered upon

application of the investment adviser shall expire on the next

succeeding anniversary date of the registration of the

investment adviser; provided, that the Secretary of State may

by rule or regulation prescribe an alternate date which any

dealer registered under the Federal 1934 Act or a member of any

self-regulatory association approved pursuant thereto, a

member of a self-regulatory organization or stock exchange in

Canada, or any investment adviser may elect as the expiration

date of its dealer or limited Canadian dealer and salesperson

registrations, or the expiration date of its investment adviser

registration, as the case may be. A registration of a

salesperson registered upon application of an issuer or

controlling person shall expire on the next succeeding

anniversary date of the registration, or upon termination or

expiration of the registration of the securities, if any,

designated in the application for his or her registration or

the alternative date as the Secretary may prescribe by rule or

regulation. Subject to paragraph (9) of subsection C of this

Section 8, a salesperson's registration also shall terminate

upon cessation of his or her employment, or termination of his

or her appointment or authorization, in each case by the person

who applied for the salesperson's registration, provided that

the Secretary of State may by rule or regulation prescribe an

alternate date for the expiration of the registration.

H. Applications for re-registration of dealers, limited

Canadian dealers, Internet portals, salespersons, investment

advisers, and investment adviser representatives shall be

filed with the Secretary of State prior to the expiration of

the then current registration and shall contain such

information as may be required by the Secretary of State upon

initial application with such omission therefrom or addition

thereto as the Secretary of State may authorize or prescribe.

Each application for re-registration of a dealer, limited

Canadian dealer, Internet portal, or investment adviser shall

be accompanied by a filing fee, each application for

re-registration as a salesperson shall be accompanied by a

filing fee and a Securities Audit and Enforcement Fund fee

established pursuant to Section 11a of this Act, and each

application for re-registration as an investment adviser

representative shall be accompanied by a Securities Audit and

Enforcement Fund fee established under Section 11a of this Act,

which shall not be returnable in any event. Notwithstanding the

foregoing, applications for re-registration of dealers,

limited Canadian dealers, Internet portals, and investment

advisers may be filed within 30 days following the expiration

of the registration provided that the applicant pays the annual

registration fee together with an additional amount equal to

the annual registration fee and files any other information or

documents that the Secretary of State may prescribe by rule or

regulation or order. Any application filed within 30 days

following the expiration of the registration shall be

automatically effective as of the time of the earlier

expiration provided that the proper fee has been paid to the

Secretary of State.

Each registered dealer, limited Canadian dealer, Internet

portal, or investment adviser shall continue to be registered

if the registrant changes his, her, or its form of organization

provided that the dealer or investment adviser files an

amendment to his, her, or its application not later than 30

days following the occurrence of the change and pays the

Secretary of State a fee in the amount established under

Section 11a of this Act.

I. (1) Every registered dealer, limited Canadian dealer,

Internet portal, and investment adviser shall make and keep for

such periods, such accounts, correspondence, memoranda,

papers, books and records as the Secretary of State may by rule

or regulation prescribe. All records so required shall be

preserved for 3 years unless the Secretary of State by rule,

regulation or order prescribes otherwise for particular types

of records.

(2) Every registered dealer, limited Canadian dealer,

Internet portal, and investment adviser shall file such

financial reports as the Secretary of State may by rule or

regulation prescribe.

(3) All the books and records referred to in paragraph (1)

of this subsection I are subject at any time or from time to

time to such reasonable periodic, special or other audits,

examinations, or inspections by representatives of the

Secretary of State, within or without this State, as the

Secretary of State deems necessary or appropriate in the public

interest or for the protection of investors.

(4) At the time of an audit, examination, or inspection,

the Secretary of State, by his or her designees, may conduct an

interview of any person employed or appointed by or affiliated

with a registered dealer, limited Canadian dealer, Internet

portal, or investment advisor, provided that the dealer,

limited Canadian dealer, Internet portal, or investment

advisor shall be given reasonable notice of the time and place

for the interview. At the option of the dealer, limited

Canadian dealer, Internet portal, or investment advisor, a

representative of the dealer or investment advisor with

supervisory responsibility over the individual being

interviewed may be present at the interview.

J. The Secretary of State may require by rule or regulation

the payment of an additional fee for the filing of information

or documents required to be filed by this Section which have

not been filed in a timely manner. The Secretary of State may

also require by rule or regulation the payment of an

examination fee for administering any examination which it may

conduct pursuant to subsection B, C, D, or D-5 of this Section

8.

K. The Secretary of State may declare any application for

registration or limited registration under this Section 8

abandoned by order if the applicant fails to pay any fee or

file any information or document required under this Section 8

or by rule or regulation for more than 30 days after the

required payment or filing date. The applicant may petition the

Secretary of State for a hearing within 15 days after the

applicant's receipt of the order of abandonment, provided that

the petition sets forth the grounds upon which the applicant

seeks a hearing.

L. Any document being filed pursuant to this Section 8

shall be deemed filed, and any fee being paid pursuant to this

Section 8 shall be deemed paid, upon the date of actual receipt

thereof by the Secretary of State or his or her designee.

M. (Blank). The Secretary of State shall provide to the

Illinois Student Assistance Commission annually or at mutually

agreed periodic intervals the names and social security numbers

of natural persons registered under subsections B, C, D, and

D-5 of this Section. The Illinois Student Assistance Commission

shall determine if any student loan defaulter is registered as

a dealer, limited Canadian dealer, Internet portal

salesperson, or investment adviser under this Act and report

its determination to the Secretary of State or his or her

designee.

(Source: P.A. 99-182, eff. 1-1-16.)

Section 999. Effective date. This Act takes effect upon

becoming law.