98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1495

 

Introduced 2/7/2013, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal of the Electrologist Licensing Act from January 1, 2014 to January 1, 2024. Amends the Electrologist Licensing Act. Makes changes to provisions concerning definitions, application for licensure, the Administrative Procedure Act, licensure by endorsement, renewal of licenses, inactive status and restoration of licenses, fees, grounds for discipline, violations of the Act, investigations, notice, hearings, findings and recommendations, summary suspension, records, unlicensed practice, and civil penalties. Provides that all information collected by the Department of Financial and Professional Regulation in the course of an examination or investigation of a licensee or applicant shall be maintained for the confidential use of the Department and shall not be disclosed. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1495LRB098 07221 MGM 37283 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.24 and by adding Section 4.34 as follows:
 
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
 
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Act repealed on January 1, 2024. The following

 

 

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1Act is repealed on January 1, 2024:
2    The Electrologist Licensing Act.
 
3    Section 10. The Electrologist Licensing Act is amended by
4changing Sections 10, 25, 32, 40, 55, 60, 65, 70, 75, 85, 90,
595, 100, 105, 110, 115, 120, 125, 130, 135, 145, 155, and 162
6and by adding Section 157 as follows:
 
7    (225 ILCS 412/10)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 10. Definitions. In this Act:
10    "Address of Record" means the designated address recorded
11by the Department in the applicant's or licensee's application
12file or license file as maintained by the Department's
13licensure maintenance unit. It is the duty of the applicant or
14licensee to inform the Department of any change of address, and
15those changes must be made either through the Department's
16website or by contacting the Department.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Director" means the Director of Professional Regulation.
20    "Electrologist" means an individual licensed to practice
21electrology pursuant to the provisions of this Act.
22    "Electrology" means the practice or teaching of services
23for permanent hair removal utilizing only solid probe electrode
24type epilation, which may include thermolysis (shortwave, high

 

 

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1frequency), electrolysis (galvanic), or a combination of both
2(superimposed or sequential blend).
3    "Secretary" means the Secretary of Financial and
4Professional Regulation.
5(Source: P.A. 92-750, eff. 1-1-03.)
 
6    (225 ILCS 412/25)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 25. Application. Applications for original licenses
9shall be made to the Department in writing on forms prescribed
10by the Department and shall be accompanied by the required fee,
11which is not refundable. The application shall require any
12information as, in the judgment of the Department, will enable
13the Department to pass on the qualifications of the applicant
14for a license. The application shall include evidence of
15passage of an examination recognized by the Department.
16    Applicants have 3 years after the date of application to
17complete the application process. If the process has not been
18completed within 3 years, the application shall be denied, the
19fee forfeited, and the applicant must reapply and meet the
20requirements in effect at the time of reapplication.
21(Source: P.A. 92-750, eff. 1-1-03.)
 
22    (225 ILCS 412/32)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 32. Social Security number on license application. In

 

 

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1addition to any other information required to be contained in
2the application, every application for an original license
3under this Act shall include the applicant's social security
4number, which shall be retained in the agency's records
5pertaining to the license. As soon as practical, the Department
6shall assign a customer's identification number to each
7applicant for a license.
8    Every application for a renewed, reinstated, renewal or
9restored license shall require the applicant's customer
10identification number.
11(Source: P.A. 97-400, eff. 1-1-12.)
 
12    (225 ILCS 412/40)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 40. Administrative Procedure Act. The Illinois
15Administrative Procedure Act is hereby expressly adopted and
16incorporated in this Act as if all of the provisions of the
17Illinois Administrative Procedure Act where included in this
18Act, except that the provision of paragraph (d) (c) of Section
1910-65 of the Illinois Administrative Procedure Act, which
20provides that at hearings the licensee has the right to show
21compliance with all lawful requirements for retention,
22continuation, or renewal of the license, is specifically
23excluded. For the purposes of this Act, the notice required
24under Section 10-25 of the Illinois Administrative Procedure
25Act is considered to be sufficient when mailed to the

 

 

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1licensee's address of record last known address of the party.
2(Source: P.A. 92-750, eff. 1-1-03.)
 
3    (225 ILCS 412/55)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 55. Endorsement. Pursuant to the rules of the
6Department, upon payment of the required fee, an applicant who
7has been licensed in another state that has substantially the
8same requirements as those required for licensure under the
9provisions of this Act may be granted a license as an
10electrologist.
11    Applicants for licensure by endorsement have 3 years after
12the date of application to complete the application process. If
13the process has not been completed within 3 years, the
14application shall be denied, the fee forfeited, and the
15applicant must reapply and meet the requirements in effect at
16the time of reapplication.
17(Source: P.A. 92-750, eff. 1-1-03.)
 
18    (225 ILCS 412/60)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 60. Renewal; armed service duty. The expiration date
21and renewal period for each license issued under this Act shall
22be set by rule. Renewal shall be conditioned on paying the
23required fee and meeting other requirements as may be
24established by rule. All renewal applicants shall provide proof

 

 

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1of having met the continuing education requirements in
2accordance with rules established by the Department, approved
3by the Department consisting of the equivalent of 30 hours of
4continuing education every 24 months. The continuing education
5requirement may be waived in part or in whole for such good
6cause, including but not limited to illness or hardship, as may
7be determined by rule.
8    Any electrologist who has permitted a license to expire or
9who has a license on inactive status may have the license
10restored by submitting an application to the Department, filing
11proof acceptable to the Department of fitness to have the
12license restored, and paying the required fees. Proof of
13fitness may include sworn evidence certifying to active lawful
14practice in another jurisdiction.
15    The Department shall determine, by an evaluation process
16established by rule, a person's fitness for restoration of a
17license and shall establish procedures and requirements for
18restoration.
19    Any electrologist whose license expired while (i) on active
20duty with the Armed Forces of the United States, or the State
21Militia called into service or training, or (ii) in training or
22education under the supervision of the United States
23preliminary to induction into the military service, may have
24the license restored without paying any lapsed renewal fees if,
25within 2 years after honorable termination of service, training
26or education, the licensee furnishes the Department with

 

 

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1satisfactory evidence to the effect that the licensee has been
2so engaged and that the service, training, or education has
3been so terminated.
4(Source: P.A. 92-750, eff. 1-1-03.)
 
5    (225 ILCS 412/65)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 65. Inactive status; restoration.
8    (a) Any electrologist who notifies the Department in
9writing on forms prescribed by the Department may elect to
10place a license on inactive status and shall, subject to rules
11of the Department, be excused from payment of renewal fees
12until the Department is notified in writing of the intention to
13restore the license.
14    (b) Any electrologist who has permitted a license to expire
15or who has a license on inactive status may have the license
16restored by submitting an application to the Department, filing
17proof acceptable to the Department of fitness to have the
18license restored, and paying the required fees. Proof of
19fitness may include sworn evidence certifying to active lawful
20practice in another jurisdiction. The Department shall
21determine, by an evaluation process established by rule, a
22person's fitness for restoration of a license and shall
23establish procedures and requirements for restoration.
24    (c) Any electrologist whose license expired while (i) on
25active duty with the Armed Forces of the United States or the

 

 

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1State Militia called into service or training, or (ii) in
2training or education under the supervision of the United
3States preliminary to induction into the military service, may
4have the license restored without paying any lapsed renewal
5fees if, within 2 years after honorable termination of service,
6training, or education, the licensee furnishes the Department
7with satisfactory evidence that the licensee has been so
8engaged and that the service, training, or education has been
9so terminated.
10    (d) An electrologist requesting restoration from inactive
11status shall be required to pay the current renewal fee and
12shall be required to follow procedures to restore the license
13as provided in this Section Section 60 of this Act.
14    (e) An electrologist whose license is on inactive or
15non-renewed status shall not practice in the State of Illinois.
16    A licensee who engages in practice with an inactive or
17non-renewed a lapsed license or a license on inactive status
18shall be considered to be practicing without a license, which
19shall be grounds for discipline under Section 75 of this Act.
20(Source: P.A. 92-750, eff. 1-1-03.)
 
21    (225 ILCS 412/70)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 70. Fees; returned checks.
24    (a) The Department shall provide by rule for a schedule of
25fees for the administration and enforcement of this Act,

 

 

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1including but not limited to original licensure, renewal, and
2restoration. The fees shall be nonrefundable.
3    (b) All fees collected under this Act shall be deposited
4into the General Professions Dedicated Fund and shall be
5appropriated to the Department for the ordinary and contingent
6expenses of the Department in the administration of this Act.
7    (c) A person who delivers a check or other payment to the
8Department that is returned to the Department unpaid by the
9financial institution upon which it is drawn shall pay to the
10Department, in addition to the amount already owed to the
11Department, a fine of $50. The fines imposed by this Section
12are in addition to any other discipline provided under this Act
13for unlicensed practice or practice on a nonrenewed license.
14The Department shall notify the person that fees and fines
15shall be paid to the Department by certified check or money
16order within 30 calendar days of the notification. If, after
17the expiration of 30 days from the date of the notification,
18the person has failed to submit the necessary remittance, the
19Department shall automatically terminate the license or deny
20the application without a hearing. If the person seeks a
21license after termination or denial, he or she shall apply to
22the Department for restoration or issuance of the license and
23pay all fees and fines due to the Department. The Department
24may establish a fee for the processing of an application for
25restoration of a license to defray the expenses of processing
26the application. The Secretary Director may waive the fines due

 

 

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1under this Section in individual cases if the Secretary
2Director finds that the fines would be unreasonable or
3unnecessarily burdensome.
4(Source: P.A. 92-750, eff. 1-1-03.)
 
5    (225 ILCS 412/75)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 75. Grounds for discipline.
8    (a) The Department may refuse to issue or renew and may
9revoke or suspend a license under this Act, and may place on
10probation, censure, reprimand, or take other disciplinary or
11non-disciplinary action with regard to any licensee under this
12Act, as the Department may consider appropriate proper,
13including imposing the issuance of fines not to exceed $10,000
14$5,000 for each violation and assess costs as provided for
15under Section 95 of this Act, for one or any combination of the
16following causes:
17        (1) Material misstatement in furnishing information to
18    the Department.
19        (2) Violation of this Act or its rules adopted under
20    this Act.
21        (3) Conviction by plea of guilty or nolo contendere,
22    finding of guilt, jury verdict, or entry of judgment or
23    sentencing, including, but not limited to, convictions,
24    preceding sentences of supervision, conditional discharge,
25    or first offender probation, under the laws of any

 

 

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1    jurisdiction of the United States that is (i) a felony or
2    (ii) a misdemeanor, an essential element of which is
3    dishonesty, or that is directly related to the practice of
4    electrology of any felony under the laws of any U.S.
5    jurisdiction, any misdemeanor an essential element of
6    which is dishonesty, or any crime that is directly related
7    to the practice of the profession.
8        (4) Fraud or Making any misrepresentation in applying
9    for or procuring a license under this Act, or in connection
10    with applying for renewal of a license under this Act for
11    the purpose of obtaining a license.
12        (5) Aiding or assisting another person in violating any
13    provision of this Act or its rules.
14        (6) Failing to provide information within 60 days in
15    response to a written request made by the Department.
16        (7) Engaging in dishonorable, unethical, or
17    unprofessional conduct of a character likely to deceive,
18    defraud, or harm the public.
19        (8) Habitual or excessive use or abuse of drugs defined
20    in law as controlled substances, addiction to alcohol,
21    narcotics, stimulants, or any other substance chemical
22    agent or drug that results in an electrologist's inability
23    to practice with reasonable judgment judgement, skill, or
24    safety.
25        (9) Discipline by another governmental agency, unit of
26    government, U.S. jurisdiction, or foreign nation if at

 

 

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

 

 

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1    departments.
2        (14) Mental or physical Physical illness or
3    disability, including, but not limited to, deterioration
4    through the aging process or loss of motor skill that
5    results in the inability to practice the profession with
6    reasonable judgment, skill, or safety.
7        (15) Negligence Gross negligence in his or her practice
8    under this Act.
9        (16) Use of fraud, deception, or any unlawful means in
10    applying for and securing a license as an electrologist.
11        (17) Immoral conduct in the commission of any act, such
12    as sexual abuse, sexual misconduct, or sexual
13    exploitation, related to the licensee's practice.
14        (18) Failure to comply with standards of sterilization
15    and sanitation as defined in the rules of the Department.
16        (19) Charging for professional services not rendered,
17    including filing false statements for the collection of
18    fees for which services are not rendered.
19        (20) Allowing one's license under this Act to be used
20    by an unlicensed person in violation of this Act.
21    (b) The Department may refuse to issue or renew or may
22suspend without hearing the license of any person who fails to
23file a return, to pay the tax, penalty or interest shown in a
24filed return, or to pay any final assessment of the tax,
25penalty, or interest as required by any tax Act administered by
26the Illinois Department of Revenue until the requirements of

 

 

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

 

 

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1physicians licensed to practice medicine in all of its
2branches, licensed chiropractic physicians, licensed clinical
3psychologists, licensed clinical social workers, licensed
4clinical professional counselors, and other professional and
5administrative staff. Any examining physician or member of the
6multidisciplinary team may require any person ordered to submit
7to an examination and evaluation pursuant to this Section to
8submit to any additional supplemental testing deemed necessary
9to complete any examination or evaluation process, including,
10but not limited to, blood testing, urinalysis, psychological
11testing, or neuropsychological testing person licensed to
12practice under this Act or who has applied for licensure or
13certification pursuant to this Act to submit to a mental or
14physical examination, or both, as required by and at the
15expense of the Department. The examining physicians shall be
16those specifically designated by the Department. The
17Department may order the examining physician to present
18testimony concerning this mental or physical examination of the
19licensee or applicant. No information shall be excluded by
20reason of any common law or statutory privilege relating to
21communications between the licensee or applicant and the
22examining physician. The person to be examined may have, at his
23or her own expense, another physician of his or her choice
24present during all aspects of the examination. Failure of any
25person to submit to a mental or physical examination, when
26directed, shall be grounds for suspension of a license until

 

 

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

 

 

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

 

 

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1Illinois Student Assistance Commission or any governmental
2agency of this State in accordance with item (5) of subsection
3(a) of Section 2105-15 of the Civil Administrative Code of
4Illinois.
5    (f) In cases where the Department of Healthcare and Family
6Services has previously determined a licensee or a potential
7licensee is more than 30 days delinquent in the payment of
8child support and has subsequently certified the delinquency to
9the Department, the Department may refuse to issue or renew or
10may revoke or suspend that person's license or may take other
11disciplinary action against that person based solely upon the
12certification of delinquency made by the Department of
13Healthcare and Family Services in accordance with item (5) of
14subsection (a) of Section 1205-15 of the Department of
15Professional Regulation Law of the Civil Administrative Code of
16Illinois.
17    (g) All fines or costs imposed under this Section shall be
18paid within 60 days after the effective date of the order
19imposing the fine or costs or in accordance with the terms set
20forth in the order imposing the fine.
21    If the Department finds an individual unable to practice
22because of the reasons set forth in this Section, the
23Department may require that individual to submit to care,
24counseling, or treatment by physicians approved or designated
25by the Department, as a condition, term, or restriction for
26continued, reinstated, or renewed licensure to practice; or, in

 

 

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1lieu of care, counseling, or treatment, the Department may file
2a complaint to immediately suspend, revoke, or otherwise
3discipline the license of the individual.
4    Any person whose license was granted, continued,
5reinstated, renewed, disciplined or supervised subject to such
6terms, conditions or restrictions, and who fails to comply with
7such terms, conditions or restrictions, shall be referred to
8the Director for a determination as to whether the person shall
9have his or her license suspended immediately, pending a
10hearing by the Department.
11    In instances in which the Director immediately suspends a
12person's license under this Section, a hearing on that person's
13license must be convened by the Department within 15 days after
14the suspension and completed without appreciable delay. The
15Department shall have the authority to review the subject
16person's record of treatment and counseling regarding the
17impairment, to the extent permitted by applicable federal
18statutes and regulations safeguarding the confidentiality of
19medical records.
20    A person licensed under this Act and affected under this
21Section shall be afforded an opportunity to demonstrate to the
22Department that he or she can resume practice in compliance
23with acceptable and prevailing standards under the provisions
24of his or her license.
25(Source: P.A. 96-1482, eff. 11-29-10.)
 

 

 

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1    (225 ILCS 412/85)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 85. Violations; injunctions.
4    (a) If any person violates any provision of this Act, the
5Secretary Director may, in the name of the People of the State
6of Illinois through the Attorney General of the State of
7Illinois or the State's Attorney of any county in which the
8violation is alleged to have occurred action is brought,
9petition for an order enjoining the violation or for an order
10enforcing compliance with this Act. Upon the filing of a
11verified petition in court, the court may issue a temporary
12restraining order, without notice or bond, and may
13preliminarily and permanently enjoin the violation. If it is
14established that the person has violated or is violating the
15injunction, the Court may punish the offender for contempt of
16court. Proceedings under this Section shall be in addition to,
17and not in lieu of, all other remedies and penalties provided
18by this Act.
19    (b) If a person practices as an electrologist or holds
20himself or herself out as an electrologist without being
21licensed under the provisions of this Act, then any licensed
22electrologist, any interested party, or any person injured
23thereby may, in addition to the Secretary Director, petition
24for relief as provided in subsection (a) of this Section.
25    (c) Whenever, in the opinion of the Department, a person
26violates any provision of this Act, the Department may issue a

 

 

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1rule to show cause why an order to cease and desist should not
2be entered against that person. The rule shall clearly set
3forth the grounds relied upon by the Department and shall
4provide a period of 7 days after the date of the rule to file an
5answer to the satisfaction of the Department. Failure to answer
6to the satisfaction of the Department shall cause an order to
7cease and desist to be issued immediately.
8(Source: P.A. 92-750, eff. 1-1-03.)
 
9    (225 ILCS 412/90)
10    (Section scheduled to be repealed on January 1, 2014)
11    Sec. 90. Investigations; notice and hearing.
12    (a) The Department may investigate the actions of an
13applicant or a person holding or claiming to hold a license.
14    (b) Before refusing to issue or renew a license or take any
15disciplinary or non-disciplinary action against disciplining a
16licensed electrologist pursuant to Section 75 of this Act, the
17Department shall notify in writing the applicant or the
18licensee of the nature of the charges and that a hearing will
19be held on the date designated, which shall be at least 30 days
20after the date of the notice. The Department shall direct the
21applicant or licensee to file a written answer to the
22Department under oath within 20 days after the service of the
23notice and inform the applicant or licensee that failure to
24file an answer will result in default being taken against the
25applicant or licensee and that the license may be suspended,

 

 

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1revoked, placed on probationary status, or other disciplinary
2or non-disciplinary action may be taken, including limiting the
3scope, nature, or extent of business as the Secretary Director
4may deem proper. Written notice may be served by personal
5delivery or certified or registered mail sent to the licensee's
6address of record respondent at the most recent address on
7record with the Department.
8    If the applicant or licensee fails to file an answer after
9receiving notice, the license may, in the discretion of the
10Department, be suspended, revoked, or placed on probationary
11status, or the Department may take whatever disciplinary action
12considered it deems proper including limiting the scope,
13nature, or extent of the person's practice or the imposition of
14a fine imposing a civil penalty, without a hearing if the act
15or acts charged constitute sufficient grounds ground for such
16action under this Act.
17    At the time and place fixed in the notice, the Department
18shall proceed to hear the charges, and the parties or their
19counsel shall be accorded ample opportunity to present any
20pertinent such statements, testimony, evidence, and argument
21as may be pertinent to the charges or to their defense. The
22Department may continue a hearing from time to time.
23(Source: P.A. 92-750, eff. 1-1-03.)
 
24    (225 ILCS 412/95)
25    (Section scheduled to be repealed on January 1, 2014)

 

 

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1    Sec. 95. Record of proceedings Stenographer; transcript.
2The Department, at its expense, shall preserve a record of all
3proceedings at the formal hearing of any case involving the
4refusal to issue or renew a license or the discipline of a
5licensed electrologist. Any licensee who is found to have
6violated this Act or who fails to appear for a hearing to
7refuse to issue, restore, or renew a license or to discipline a
8licensee may be required by the Department to pay for the costs
9of the proceeding. These costs are limited to costs for court
10reporters, transcripts, and witness attendance and mileage
11fees. All costs imposed under this Section shall be paid within
1260 days after the effective date of the order imposing the
13fine. The notice of hearing, complaint, and all other documents
14in the nature of pleadings, written motions filed in the
15proceedings, the transcript of testimony, the report of the
16hearing officer, and the order of the Department shall be the
17record of the proceeding.
18(Source: P.A. 92-750, eff. 1-1-03.)
 
19    (225 ILCS 412/100)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 100. Required testimony. Upon application of the
22Department or its designee, or of the person against whom
23proceedings pursuant to Section 75 of this Act are pending, any
24circuit court may enter an order requiring the attendance and
25testimony of witnesses and their testimony, and the production

 

 

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1of relevant documents, paper, files, books, and records in
2connection with any hearing or investigation. The court may
3compel obedience to its order by proceedings for contempt.
4(Source: P.A. 92-750, eff. 1-1-03.)
 
5    (225 ILCS 412/105)
6    (Section scheduled to be repealed on January 1, 2014)
7    Sec. 105. Subpoena power; oaths. The Department may has
8power to subpoena and bring before it any person in this State
9and to take the oral or written testimony or compel the
10production of any books, papers, records, or any other
11documents that the Secretary or his or her designee deems
12relevant or material to any investigation or hearing conducted
13by the Department either orally, by deposition, or both, with
14the same fees and mileage and in the same manner as prescribed
15by law in judicial proceedings in civil cases in circuit courts
16of this State.
17    The Secretary, the shorthand court reporter, Director and
18hearing officers may administer oaths to witnesses at any
19hearing that the Department conducts is authorized to conduct
20under this Act and any other oaths required or authorized to be
21administered by the Department. Notwithstanding any other
22statute or Department rule to the contrary, all requests for
23testimony, production of documents, or records shall be in
24accordance with this Act.
25(Source: P.A. 92-750, eff. 1-1-03.)
 

 

 

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1    (225 ILCS 412/110)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 110. Findings and recommendations. At the conclusion
4of the hearing, the hearing officer shall present to the
5Secretary Director a written report of its findings of fact,
6conclusions of law, and recommendations. The report shall
7contain a finding of whether or not the accused applicant or
8licensee violated this Act or failed to comply with the
9conditions required in this Act. The hearing officer shall
10specify the nature of the violation or failure to comply, and
11shall make its recommendations to the Secretary Director.
12    The report of the findings and recommendations of the
13hearing officer shall be the basis for the Department's order
14for refusing to issue, restore, or renew a license, or
15otherwise disciplining a licensee if of refusal or for the
16granting of licensure unless the Secretary Director determines
17that the hearing officer's report is contrary to the manifest
18weight of the evidence, in which case the Secretary Director
19may issue an order in contravention of the hearing officer's
20report. The finding is not admissible in evidence against the
21applicant or licensee in a criminal prosecution brought for the
22violation of this Act, but the hearing and finding are not a
23bar to a criminal prosecution brought for the violation of this
24Act.
25(Source: P.A. 92-750, eff. 1-1-03.)
 

 

 

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1    (225 ILCS 412/115)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 115. Hearing officer. The Secretary Director has the
4authority to appoint an attorney duly licensed to practice law
5in this State to serve as the hearing officer in an action for
6refusal to issue or renew a license or for the discipline of a
7licensed electrologist. The hearing officer shall have full
8authority to conduct the hearing. The hearing officer shall
9report his or her findings and recommendations to the Secretary
10Director.
11(Source: P.A. 92-750, eff. 1-1-03.)
 
12    (225 ILCS 412/120)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 120. Motion for rehearing. In any case involving the
15refusal to issue or renew a license, or the discipline of a
16licensee, a copy of the hearing officer's report shall be
17served upon the respondent by the Department, either personally
18or as provided in this Act for the service of the notice of
19hearing. Within 20 days after service, the respondent may
20present to the Department a motion in writing for a rehearing
21which shall specify the particular grounds for rehearing. If no
22motion for rehearing is filed, then upon the expiration of the
23time specified for filing a motion, or if a motion for
24rehearing is denied, then upon denial, the Secretary Director

 

 

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1may enter an order in accordance with the recommendation of the
2hearing officer. If the respondent orders from the reporting
3service, and pays for a transcript of the record within the
4time for filing a motion for rehearing, the 20-day period
5within which a motion may be filed shall commence upon the
6delivery of the transcript to the respondent.
7(Source: P.A. 92-750, eff. 1-1-03.)
 
8    (225 ILCS 412/125)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 125. Order for rehearing Rehearing on order of
11Director. Whenever the Secretary Director is not satisfied that
12substantial justice has been done in the revocation,
13suspension, or refusal to issue or renew a license, the
14Secretary Director may order a rehearing.
15(Source: P.A. 92-750, eff. 1-1-03.)
 
16    (225 ILCS 412/130)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 130. Order or certified copy as prima facie proof. An
19order or a certified copy thereof, over the seal of the
20Department and purporting to be signed by the Secretary
21Director, shall be prima facie proof:
22        (1) that the signature is the genuine signature of the
23    Secretary Director; and
24        (2) that the Secretary Director is duly appointed and

 

 

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1    qualified.
2    This proof may be rebutted.
3(Source: P.A. 92-750, eff. 1-1-03.)
 
4    (225 ILCS 412/135)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 135. Restoration of license from discipline License
7restoration. At any time after the successful completion of a
8term of indefinite probation, suspension, or revocation of a
9license, the Department may restore the license to active
10status, unless, after an investigation and a hearing, the
11Secretary determines that restoration is not in the public
12interest. No person whose license has been revoked as
13authorized in this Act may apply for restoration of that
14license until such time as provided for in the Civil
15Administrative Code of Illinois. At any time after the
16suspension or revocation of a license the Department may
17restore it to the accused person, unless after an investigation
18and a hearing the Department determines that restoration is not
19in the public interest.
20(Source: P.A. 92-750, eff. 1-1-03.)
 
21    (225 ILCS 412/145)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 145. Summary Temporary suspension. The Secretary
24Director may summarily temporarily suspend the license of an

 

 

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1electrologist without a hearing, simultaneously with the
2institution of proceedings for a hearing under Section 90 of
3this Act, if the Secretary Director finds that the evidence in
4his or her possession indicates that continuation in practice
5would constitute an imminent danger to the public. In the event
6that the Secretary summarily Director temporarily suspends a
7license without a hearing, a hearing by the Department shall
8must be held within 30 days after the suspension has occurred,
9and shall be concluded as expeditiously as possible concluded
10without appreciable delay.
11(Source: P.A. 92-750, eff. 1-1-03.)
 
12    (225 ILCS 412/155)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 155. Certification of record. The Department shall not
15be required to certify any record to the court, file any answer
16in court, or otherwise appear in any court in a judicial review
17proceeding unless and until the Department has received from
18the plaintiff there is filed in the court, with the complaint,
19a receipt from the Department acknowledging payment of the
20costs of furnishing and certifying the record, which costs
21shall be determined by the Department. Failure on the part of
22the plaintiff to file a receipt in court is grounds for
23dismissal of the action.
24(Source: P.A. 92-750, eff. 1-1-03.)
 

 

 

SB1495- 30 -LRB098 07221 MGM 37283 b

1    (225 ILCS 412/157 new)
2    Sec. 157. Confidentiality. All information collected by
3the Department in the course of an examination or investigation
4of a licensee or applicant, including, but not limited to, any
5complaint against a licensee filed with the Department and
6information collected to investigate any such complaint, shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department shall not disclose the
9information to anyone other than law enforcement officials,
10regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary, or a party presenting
12a lawful subpoena to the Department. Information and documents
13disclosed to a federal, State, county, or local law enforcement
14agency shall not be disclosed by the agency for any purpose to
15any other agency or person. A formal complaint filed against a
16licensee or registrant by the Department or any other issued by
17the Department against a licensee, registrant, or applicant
18shall be a public record, except as otherwise prohibited by
19law.
 
20
21    (225 ILCS 412/162)
22    (Section scheduled to be repealed on January 1, 2014)
23    Sec. 162. Unlicensed practice; violation; civil penalty.
24    (a) Any person who practices, offers to practice, attempts
25to practice, or holds oneself out to practice electrology

 

 

SB1495- 31 -LRB098 07221 MGM 37283 b

1without being licensed under this Act shall, in addition to any
2other penalty provided by law, pay a civil penalty to the
3Department in an amount not to exceed $10,000 $5,000 for each
4offense as determined by the Department. The civil penalty
5shall be assessed by the Department after a hearing is held in
6accordance with the provisions set forth in this Act regarding
7the provision of a hearing for the discipline of a licensee.
8    (b) The Department has the authority and power to
9investigate any and all unlicensed activity.
10    (c) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15(Source: P.A. 92-750, eff. 1-1-03.)
 
16    (225 ILCS 412/33 rep.)
17    Section 15. The Electrologist Licensing Act is amended by
18repealing Section 33.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.24
4    5 ILCS 80/4.34 new
5    225 ILCS 412/10
6    225 ILCS 412/25
7    225 ILCS 412/32
8    225 ILCS 412/40
9    225 ILCS 412/55
10    225 ILCS 412/60
11    225 ILCS 412/65
12    225 ILCS 412/70
13    225 ILCS 412/75
14    225 ILCS 412/85
15    225 ILCS 412/90
16    225 ILCS 412/95
17    225 ILCS 412/100
18    225 ILCS 412/105
19    225 ILCS 412/110
20    225 ILCS 412/115
21    225 ILCS 412/120
22    225 ILCS 412/125
23    225 ILCS 412/130
24    225 ILCS 412/135
25    225 ILCS 412/145

 

 

SB1495- 33 -LRB098 07221 MGM 37283 b

1    225 ILCS 412/155
2    225 ILCS 412/157 new
3    225 ILCS 412/162
4    225 ILCS 412/33 rep.