Rep. Marcus C. Evans, Jr.

Filed: 4/12/2016

 

 


 

 


 
09900HB5973ham001LRB099 19442 SMS 47180 a

1
AMENDMENT TO HOUSE BILL 5973

2    AMENDMENT NO. ______. Amend House Bill 5973 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Professional Regulation Law
5of the Civil Administrative Code of Illinois is amended by
6changing Section 2105-205 as follows:
 
7    (20 ILCS 2105/2105-205)  (was 20 ILCS 2105/60.3)
8    Sec. 2105-205. Publication of disciplinary actions. The
9Department shall publish on its website, at least monthly,
10final disciplinary actions taken by the Department against a
11licensee or applicant pursuant to any licensing Act
12administered by the Department. The specific disciplinary
13action and the name of the applicant or licensee shall be
14listed.
15    With respect to licensees and applicants under the Funeral
16Directors and Embalmers Licensing Code, the Illinois Roofing

 

 

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1Industry Licensing Act, the Barber, Cosmetology, Esthetics,
2Hair Braiding, and Nail Technology Act of 1985, the Illinois
3Public Accounting Act, and the Real Estate License Act of 2000,
4the Department shall include formal actions, including a
5refusal to issue a license to a potential licensee with a
6positive conviction history for professions covered by the
7license, in its publication of disciplinary actions. The
8publication of disciplinary actions shall include a summary of:
9        (1) the number of potential licensees with a positive
10    conviction history;
11        (2) the rate of refusal to issue licenses for all
12    applicants with a positive conviction history;
13        (3) the average time elapsed since the latest
14    conviction of potential licensees who were refused a
15    license and of potential licensees with a positive
16    conviction history who were issued a license;
17        (4) the number of potential licensees who had a
18    Certificate of Relief from Disabilities, issuance of which
19    is authorized for the license by Section 5-5-5 of the
20    Unified Code of Corrections; and
21        (5) the number of potential licensees with a
22    Certificate of Relief from Disabilities who were refused a
23    license.
24(Source: P.A. 99-227, eff. 8-3-15.)
 
25    Section 10. The Funeral Directors and Embalmers Licensing

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        reported information subsequently changes or proves
2        incorrect, a funeral director or funeral director and
3        embalmer shall immediately upon learning the correct
4        information correct the Certificate of Death.
5        (37) A finding by the Department that the license,
6    after having his or her license placed on probationary
7    status or subjected to conditions or restrictions,
8    violated the terms of the probation or failed to comply
9    with such terms or conditions.
10        (38) (Blank).
11        (39) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    pursuant to the Abused and Neglected Child Reporting Act
14    and, upon proof by clear and convincing evidence, being
15    found to have caused a child to be an abused child or
16    neglected child as defined in the Abused and Neglected
17    Child Reporting Act.
18        (40) Habitual or excessive use or abuse of drugs
19    defined in law as controlled substances, alcohol, or any
20    other substance which results in the inability to practice
21    with reasonable judgment, skill, or safety.
22        (41) Practicing under a false or, except as provided by
23    law, an assumed name.
24        (42) Cheating on or attempting to subvert the licensing
25    examination administered under this Code.
26    (b-5) When issuing a license, the Department may consider

 

 

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1an applicant's conviction or convictions but a prior conviction
2or convictions alone may not be the basis for refusing to issue
3a license unless the crime for which he or she was convicted
4directly relates to the occupation for which the license is
5sought.
6    If the conviction or convictions are used as a basis for
7rejection of an application, it must be in writing and
8specifically state the evidence presented and reasons for
9rejection, which must be directly related to the licensed
10activity. The Department must consider:
11        (1) the bearing, if any, the criminal offenses or
12    offenses for which the person was previously convicted will
13    have on his or her fitness or ability to perform one or
14    more such duties and responsibilities;
15        (2) the time which has elapsed since the occurrence of
16    the criminal offense or offenses;
17        (3) the age of the person at the time of occurrence of
18    the criminal offense or offenses;
19        (4) the seriousness of the offense or offenses; and
20        (5) any information produced by the person or produced
21    on his or her behalf in regard to his or her rehabilitation
22    and good conduct that creates a presumption of
23    rehabilitation.
24    For the purpose of issuance, renewal, or restoration of a
25license, completion of a sentence of imprisonment or discharge
26from probation, conditional discharge from probation, or

 

 

09900HB5973ham001- 15 -LRB099 19442 SMS 47180 a

1periodic imprisonment shall be treated as evidence of
2rehabilitation so that all license rights and privileges
3granted under this Act, under consideration for issuance, or
4formerly revoked or suspended because of conviction of an
5offense are automatically restored unless the Department finds
6after investigation and consideration of guidelines provided
7in items (1) through (5) of this subsection (b-5) that
8restoration is not in the public interest.
9    The Department shall not consider non-conviction records,
10charges that did not result in conviction, or convictions that
11are not directly related to the profession for which a license
12is sought.
13    For the purposes of preliminary hearings and investigation
14in licensure determinations upon disclosure of a conviction
15history, the Department shall develop and implement policies
16that consider items (1) through (5) of this subsection (b-5),
17with suggestions as to evidence of rehabilitation provided in
18the previous paragraph of this Section.
19    (c) The Department may refuse to issue or renew or may
20suspend without a hearing, as provided for in the Department of
21Professional Regulation Law of the Civil Administrative Code of
22Illinois, the license of any person who fails to file a return,
23to pay the tax, penalty or interest shown in a filed return, or
24to pay any final assessment of tax, penalty or interest as
25required by any tax Act administered by the Illinois Department
26of Revenue, until the time as the requirements of the tax Act

 

 

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1are satisfied in accordance with subsection (g) of Section
22105-15 of the Department of Professional Regulation Law of the
3Civil Administrative Code of Illinois.
4    (d) No action may be taken under this Code against a person
5licensed under this Code unless the action is commenced within
65 years after the occurrence of the alleged violations. A
7continuing violation shall be deemed to have occurred on the
8date when the circumstances last existed that give rise to the
9alleged violation.
10    (e) Nothing in this Section shall be construed or enforced
11to give a funeral director and embalmer, or his or her
12designees, authority over the operation of a cemetery or over
13cemetery employees. Nothing in this Section shall be construed
14or enforced to impose duties or penalties on cemeteries with
15respect to the timing of the placement of human remains in
16their designated grave or the sealing of the above ground
17depository, crypt, or urn due to patron safety, the allocation
18of cemetery staffing, liability insurance, a collective
19bargaining agreement, or other such reasons.
20    (f) All fines imposed under this Section shall be paid 60
21days after the effective date of the order imposing the fine.
22    (g) The Department shall deny a license or renewal
23authorized by this Code to a person who has defaulted on an
24educational loan or scholarship provided or guaranteed by the
25Illinois Student Assistance Commission or any governmental
26agency of this State in accordance with item (5) of subsection

 

 

09900HB5973ham001- 17 -LRB099 19442 SMS 47180 a

1(a) of Section 2105-15 of the Department of Professional
2Regulation Law of the Civil Administrative Code of Illinois.
3    (h) In cases where the Department of Healthcare and Family
4Services has previously determined a licensee or a potential
5licensee is more than 30 days delinquent in the payment of
6child support and has subsequently certified the delinquency to
7the Department, the Department may refuse to issue or renew or
8may revoke or suspend that person's license or may take other
9disciplinary action against that person based solely upon the
10certification of delinquency made by the Department of
11Healthcare and Family Services in accordance with item (5) of
12subsection (a) of Section 2105-15 of the Department of
13Professional Regulation Law of the Civil Administrative Code of
14Illinois unless, upon notification, the licensee demonstrates
15an inability to pay and agrees to enter into a reasonable
16payment plan.
17    Notwithstanding the provisions of this subsection, the
18Department may not refuse to issue a license to a potential
19licensee who is an obligor because the obligor's child support
20arrearage equals or exceeds the amount of child support payable
21for 12 months. When an occupational license is issued to an
22applicant to whom this paragraph applies, the Department shall
23send a written notice to the obligor following the issuance of
24a license, advising the obligor that the obligor's license may
25be revoked or suspended unless within 30 days of the postmarked
26date of the notice, the obligor demonstrates the inability to

 

 

09900HB5973ham001- 18 -LRB099 19442 SMS 47180 a

1pay and enters into a reasonable payment plan.
2    (i) A person not licensed under this Code who is an owner
3of a funeral establishment or funeral business shall not aid,
4abet, assist, procure, advise, employ, or contract with any
5unlicensed person to offer funeral services or aid, abet,
6assist, or direct any licensed person contrary to or in
7violation of any rules or provisions of this Code. A person
8violating this subsection shall be treated as a licensee for
9the purposes of disciplinary action under this Section and
10shall be subject to cease and desist orders as provided in this
11Code, the imposition of a fine up to $10,000 for each violation
12and any other penalty provided by law.
13    (j) The determination by a circuit court that a licensee is
14subject to involuntary admission or judicial admission as
15provided in the Mental Health and Developmental Disabilities
16Code, as amended, operates as an automatic suspension. The
17suspension may end only upon a finding by a court that the
18licensee is no longer subject to the involuntary admission or
19judicial admission and issues an order so finding and
20discharging the licensee, and upon the recommendation of the
21Board to the Secretary that the licensee be allowed to resume
22his or her practice.
23    (k) In enforcing this Code, the Department, upon a showing
24of a possible violation, may compel an individual licensed to
25practice under this Code, or who has applied for licensure
26under this Code, to submit to a mental or physical examination,

 

 

09900HB5973ham001- 19 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 20 -LRB099 19442 SMS 47180 a

1considered discipline of a license. If the licensee refuses to
2enter into a care, counseling, or treatment agreement or fails
3to abide by the terms of the agreement, the Department may file
4a complaint to revoke, suspend, or otherwise discipline the
5license of the individual. The Secretary may order the license
6suspended immediately, pending a hearing by the Department.
7Fines shall not be assessed in disciplinary actions involving
8physical or mental illness or impairment.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that person's
11license must be convened by the Department within 15 days after
12the suspension and completed without appreciable delay. The
13Department shall have the authority to review the subject
14individual's record of treatment and counseling regarding the
15impairment to the extent permitted by applicable federal
16statutes and regulations safeguarding the confidentiality of
17medical records.
18    An individual licensed under this Code and affected under
19this Section shall be afforded an opportunity to demonstrate to
20the Department that he or she can resume practice in compliance
21with acceptable and prevailing standards under the provisions
22of his or her license.
23(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
 
24    Section 15. The Illinois Roofing Industry Licensing Act is
25amended by changing Section 9.1 as follows:
 

 

 

09900HB5973ham001- 21 -LRB099 19442 SMS 47180 a

1    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 9.1. Grounds for disciplinary action.
4    (1) The Department may refuse to issue or to renew, or may
5revoke, suspend, place on probation, reprimand or take other
6disciplinary or non-disciplinary action as the Department may
7deem proper, including fines not to exceed $10,000 for each
8violation, with regard to any license for any one or
9combination of the following:
10        (a) violation of this Act or its rules;
11        (b) a conviction or plea of guilty or nolo contendere,
12    finding of guilt, jury verdict, or entry of judgment or
13    sentencing of any crime, including, but not limited to,
14    convictions, preceding sentences of supervision,
15    conditional discharge, or first offender probation, under
16    the laws of any jurisdiction of the United States that is
17    (i) a felony or (ii) a misdemeanor, an essential element of
18    which is dishonesty or that is directly related to the
19    practice of the profession; the Department shall not deny a
20    license to a potential licensee whose conviction history is
21    directly related to the profession for which a license is
22    sought if the Department has not considered mitigating
23    factors provided in subsection (1.5) of this Section;
24        (c) fraud or any misrepresentation in applying for or
25    procuring a license under this Act, or in connection with

 

 

09900HB5973ham001- 22 -LRB099 19442 SMS 47180 a

1    applying for renewal of a license under this Act;
2        (d) professional incompetence or gross negligence in
3    the practice of roofing contracting, prima facie evidence
4    of which may be a conviction or judgment in any court of
5    competent jurisdiction against an applicant or licensee
6    relating to the practice of roofing contracting or the
7    construction of a roof or repair thereof that results in
8    leakage within 90 days after the completion of such work;
9        (e) (blank);
10        (f) aiding or assisting another person in violating any
11    provision of this Act or rules;
12        (g) failing, within 60 days, to provide information in
13    response to a written request made by the Department;
14        (h) engaging in dishonorable, unethical, or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public;
17        (i) habitual or excessive use or abuse of controlled
18    substances, as defined by the Illinois Controlled
19    Substances Act, alcohol, or any other substance that
20    results in the inability to practice with reasonable
21    judgment, skill, or safety;
22        (j) discipline by another state, unit of government, or
23    government agency, the District of Columbia, a territory,
24    or a foreign nation, if at least one of the grounds for the
25    discipline is the same or substantially equivalent to those
26    set forth in this Section;

 

 

09900HB5973ham001- 23 -LRB099 19442 SMS 47180 a

1        (k) directly or indirectly giving to or receiving from
2    any person, firm, corporation, partnership, or association
3    any fee, commission, rebate, or other form of compensation
4    for any professional services not actually or personally
5    rendered;
6        (l) a finding by the Department that the licensee,
7    after having his or her license disciplined, has violated
8    the terms of the discipline;
9        (m) a finding by any court of competent jurisdiction,
10    either within or without this State, of any violation of
11    any law governing the practice of roofing contracting, if
12    the Department determines, after investigation, that such
13    person has not been sufficiently rehabilitated to warrant
14    the public trust;
15        (n) willfully making or filing false records or reports
16    in the practice of roofing contracting, including, but not
17    limited to, false records filed with the State agencies or
18    departments;
19        (o) practicing, attempting to practice, or advertising
20    under a name other than the full name as shown on the
21    license or any other legally authorized name;
22        (p) gross and willful overcharging for professional
23    services including filing false statements for collection
24    of fees or monies for which services are not rendered;
25        (q) (blank);
26        (r) (blank);

 

 

09900HB5973ham001- 24 -LRB099 19442 SMS 47180 a

1        (s) failure to continue to meet the requirements of
2    this Act shall be deemed a violation;
3        (t) physical or mental disability, including
4    deterioration through the aging process or loss of
5    abilities and skills that result in an inability to
6    practice the profession with reasonable judgment, skill,
7    or safety;
8        (u) material misstatement in furnishing information to
9    the Department or to any other State agency;
10        (v) (blank);
11        (w) advertising in any manner that is false,
12    misleading, or deceptive;
13        (x) taking undue advantage of a customer, which results
14    in the perpetration of a fraud;
15        (y) performing any act or practice that is a violation
16    of the Consumer Fraud and Deceptive Business Practices Act;
17        (z) engaging in the practice of roofing contracting, as
18    defined in this Act, with a suspended, revoked, or
19    cancelled license;
20        (aa) treating any person differently to the person's
21    detriment because of race, color, creed, gender, age,
22    religion, or national origin;
23        (bb) knowingly making any false statement, oral,
24    written, or otherwise, of a character likely to influence,
25    persuade, or induce others in the course of obtaining or
26    performing roofing contracting services;

 

 

09900HB5973ham001- 25 -LRB099 19442 SMS 47180 a

1        (cc) violation of any final administrative action of
2    the Secretary;
3        (dd) allowing the use of his or her roofing license by
4    an unlicensed roofing contractor for the purposes of
5    providing roofing or waterproofing services; or
6        (ee) (blank);
7        (ff) cheating or attempting to subvert a licensing
8    examination administered under this Act; or
9        (gg) use of a license to permit or enable an unlicensed
10    person to provide roofing contractor services.
11    (1.5) When issuing a license, the Department may consider
12an applicant's conviction or convictions but a prior conviction
13or convictions alone may not be the basis for refusing to issue
14a license unless the crime for which he or she was convicted
15directly relates to the occupation for which the license is
16sought.
17    If the conviction or convictions are used as a basis for
18rejection of an application, it must be in writing and
19specifically state the evidence presented and reasons for
20rejection, which must be directly related to the licensed
21activity. The Department must consider:
22        (a) the bearing, if any, the criminal offenses or
23    offenses for which the person was previously convicted will
24    have on his or her fitness or ability to perform one or
25    more such duties and responsibilities;
26        (b) the time which has elapsed since the occurrence of

 

 

09900HB5973ham001- 26 -LRB099 19442 SMS 47180 a

1    the criminal offense or offenses;
2        (c) the age of the person at the time of occurrence of
3    the criminal offense or offenses;
4        (d) the seriousness of the offense or offenses; and
5        (e) any information produced by the person or produced
6    on his or her behalf in regard to his or her rehabilitation
7    and good conduct that creates a presumption of
8    rehabilitation.
9    For the purpose of issuance, renewal, or restoration of a
10license, completion of a sentence of imprisonment or discharge
11from probation, conditional discharge from probation, or
12periodic imprisonment shall be treated as evidence of
13rehabilitation so that all license rights and privileges
14granted under this Act, under consideration for issuance, or
15formerly revoked or suspended because of conviction of an
16offense are automatically restored unless the Department finds
17after investigation and consideration of guidelines provided
18in items (a) through (e) of this subsection (1.5) that
19restoration is not in the public interest.
20    The Department shall not consider non-conviction records,
21charges that did not result in conviction, or convictions that
22are not directly related to the profession for which a license
23is sought.
24    For the purposes of preliminary hearings and investigation
25in licensure determinations upon disclosure of a conviction
26history, the Department shall develop and implement policies

 

 

09900HB5973ham001- 27 -LRB099 19442 SMS 47180 a

1that consider items (a) through (e) of this subsection (1.5)
2with suggestions as to evidence of rehabilitation provided in
3the previous paragraph of this Section.
4    (2) The determination by a circuit court that a license
5holder is subject to involuntary admission or judicial
6admission, as provided in the Mental Health and Developmental
7Disabilities Code, operates as an automatic suspension. Such
8suspension will end only upon a finding by a court that the
9patient is no longer subject to involuntary admission or
10judicial admission, an order by the court so finding and
11discharging the patient, and the recommendation of the Board to
12the Director that the license holder be allowed to resume his
13or her practice.
14    (3) The Department may refuse to issue or take disciplinary
15action concerning the license of any person who fails to file a
16return, to pay the tax, penalty, or interest shown in a filed
17return, or to pay any final assessment of tax, penalty, or
18interest as required by any tax Act administered by the
19Department of Revenue, until such time as the requirements of
20any such tax Act are satisfied as determined by the Department
21of Revenue.
22    (4) In enforcing this Section, the Department, upon a
23showing of a possible violation, may compel any individual who
24is licensed under this Act or any individual who has applied
25for licensure to submit to a mental or physical examination or
26evaluation, or both, which may include a substance abuse or

 

 

09900HB5973ham001- 28 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 29 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 30 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 31 -LRB099 19442 SMS 47180 a

1certification of delinquency made by the Department of
2Healthcare and Family Services in accordance with paragraph (5)
3of subsection (a) of Section 2105-15 of the Department of
4Professional Regulation Law of the Civil Administrative Code of
5Illinois unless, upon notification, the licensee demonstrates
6the inability to pay and agrees to enter into a reasonable
7payment plan.
8    Notwithstanding the provisions of this subsection, the
9Department may not refuse to issue a license to a potential
10licensee who is an obligor because the obligor's child support
11arrearage equals or exceeds the amount of child support payable
12for 12 months. When an occupational license is issued to an
13applicant to whom this paragraph applies, the Department shall
14send a written notice to the obligor following the issuance of
15a license, advising the obligor that the obligor's license may
16be revoked or suspended unless within 30 days of the postmarked
17date of the notice, the obligor demonstrates the inability to
18pay and enters into a reasonable payment plan.
19    The changes to this Act made by this amendatory Act of 1997
20apply only to disciplinary actions relating to events occurring
21after the effective date of this amendatory Act of 1997.
22(Source: P.A. 99-469, eff. 8-26-15.)
 
23    Section 20. The Barber, Cosmetology, Esthetics, Hair
24Braiding, and Nail Technology Act of 1985 is amended by
25changing Section 4-7 as follows:
 

 

 

09900HB5973ham001- 32 -LRB099 19442 SMS 47180 a

1    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
2    (Section scheduled to be repealed on January 1, 2026)
3    Sec. 4-7. Refusal, suspension and revocation of licenses;
4causes; disciplinary action.
5    (1) The Department may refuse to issue or renew, and may
6suspend, revoke, place on probation, reprimand or take any
7other disciplinary or non-disciplinary action as the
8Department may deem proper, including civil penalties not to
9exceed $500 for each violation, with regard to any license for
10any one, or any combination, of the following causes:
11        a. Conviction of any crime under the laws of the United
12    States or any state or territory thereof that is (i) a
13    felony, (ii) a misdemeanor, an essential element of which
14    is dishonesty, or that (iii) a crime which is directly
15    related to the practice of the profession. The Department
16    shall not deny a license to a potential licensee whose
17    conviction history is directly related to the profession
18    for which a license is sought if the Department has not
19    considered mitigating factors provided in subsection (1.5)
20    of this Section.
21        b. Conviction of any of the violations listed in
22    Section 4-20.
23        c. Material misstatement in furnishing information to
24    the Department.
25        d. Making any misrepresentation for the purpose of

 

 

09900HB5973ham001- 33 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 34 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 35 -LRB099 19442 SMS 47180 a

1    a child to be an abused child or neglected child as defined
2    in the Abused and Neglected Child Reporting Act.
3        t. Operating a salon or shop without a valid
4    registration.
5        u. Failure to complete required continuing education
6    hours.
7    (1.5) When issuing a license, the Department may consider
8an applicant's conviction or convictions but a prior conviction
9or convictions alone may not be the basis for refusing to issue
10a license unless the crime for which he or she was convicted
11directly relates to the occupation for which the license is
12sought.
13    If the conviction or convictions are used as a basis for
14rejection of an application, it must be in writing and
15specifically state the evidence presented and reasons for
16rejection, which must be directly related to the licensed
17activity. The Department must consider:
18        (a) the bearing, if any, the criminal offenses or
19    offenses for which the person was previously convicted will
20    have on his or her fitness or ability to perform one or
21    more such duties and responsibilities;
22        (b) the time which has elapsed since the occurrence of
23    the criminal offense or offenses;
24        (c) the age of the person at the time of occurrence of
25    the criminal offense or offenses;
26        (d) the seriousness of the offense or offenses; and

 

 

09900HB5973ham001- 36 -LRB099 19442 SMS 47180 a

1        (e) any information produced by the person or produced
2    on his or her behalf in regard to his or her rehabilitation
3    and good conduct that creates a presumption of
4    rehabilitation.
5    For the purpose of issuance, renewal, or restoration of a
6license, completion of a sentence of imprisonment or discharge
7from probation, conditional discharge from probation, or
8periodic imprisonment shall be treated as evidence of
9rehabilitation so that all license rights and privileges
10granted under this Act, under consideration for issuance, or
11formerly revoked or suspended because of conviction of an
12offense are automatically restored unless the Department finds
13after investigation and consideration of guidelines provided
14in items (a) through (e) of this subsection (1.5) that
15restoration is not in the public interest.
16    The Department shall not consider non-conviction records,
17charges that did not result in conviction, or convictions that
18are not directly related to the profession for which a license
19is sought.
20    For the purposes of preliminary hearings and investigation
21in licensure determinations upon disclosure of a conviction
22history, the Department shall develop and implement policies
23that consider items (a) through (e) of this subsection (1.5)
24with suggestions as to evidence of rehabilitation provided in
25the previous paragraph of this Section.
26    (2) In rendering an order, the Secretary shall take into

 

 

09900HB5973ham001- 37 -LRB099 19442 SMS 47180 a

1consideration the facts and circumstances involving the type of
2acts or omissions in paragraph (1) of this Section including,
3but not limited to:
4        (a) the extent to which public confidence in the
5    cosmetology, nail technology, esthetics, hair braiding, or
6    barbering profession was, might have been, or may be,
7    injured;
8        (b) the degree of trust and dependence among the
9    involved parties;
10        (c) the character and degree of harm which did result
11    or might have resulted;
12        (d) the intent or mental state of the licensee at the
13    time of the acts or omissions.
14    (3) The Department may reissue the license or registration
15upon certification by the Board that the disciplined licensee
16or registrant has complied with all of the terms and conditions
17set forth in the final order or has been sufficiently
18rehabilitated to warrant the public trust.
19    (4) The Department shall refuse to issue or renew or
20suspend without hearing the license or certificate of
21registration of any person who fails to file a return, or to
22pay the tax, penalty or interest shown in a filed return, or to
23pay any final assessment of tax, penalty or interest, as
24required by any tax Act administered by the Illinois Department
25of Revenue, until such time as the requirements of any such tax
26Act are satisfied as determined by the Department of Revenue.

 

 

09900HB5973ham001- 38 -LRB099 19442 SMS 47180 a

1    (5) The Department shall deny without hearing any
2application for a license or renewal of a license under this
3Act by a person who has defaulted on an educational loan
4guaranteed by the Illinois Student Assistance Commission;
5however, the Department may issue or renew a license if the
6person in default has established a satisfactory repayment
7record as determined by the Illinois Student Assistance
8Commission.
9    (6) All fines imposed under this Section shall be paid
10within 60 days after the effective date of the order imposing
11the fine or in accordance with the terms set forth in the order
12imposing the fine.
13    (7) In cases where the Department of Healthcare and Family
14Services (formerly Department of Public Aid) has previously
15determined that a licensee is more than 30 days delinquent in
16the payment of child support and has subsequently certified the
17delinquency to the Department, the Department may refuse to
18renew or may revoke or suspend that person's license or may
19take other disciplinary or non-disciplinary action against
20that person based upon the certification of delinquency made by
21the Department of Healthcare and Family Services in accordance
22with item (5) of subsection (a) of Section 2105-15 of the
23Department of Professional Law of the Civil Administrative Code
24of Illinois unless, upon notification, the licensee
25demonstrates an inability to pay and agrees to enter into a
26reasonable payment plan.

 

 

09900HB5973ham001- 39 -LRB099 19442 SMS 47180 a

1    Notwithstanding the provisions of this subsection (7), the
2Department may not refuse to issue a license to a potential
3licensee who is an obligor because the obligor's child support
4arrearage equals or exceeds the amount of child support payable
5for 12 months. When an occupational license is issued to an
6applicant to whom this paragraph applies, the Department shall
7send a written notice to the obligor following the issuance of
8a license, advising the obligor that the obligor's license may
9be revoked or suspended unless within 30 days of the postmarked
10date of the notice, the obligor demonstrates the inability to
11pay and enters into a reasonable payment plan.
12(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
13    Section 25. The Illinois Public Accounting Act is amended
14by changing Section 20.01 as follows:
 
15    (225 ILCS 450/20.01)  (from Ch. 111, par. 5521.01)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 20.01. Grounds for discipline; license or
18registration.
19    (a) The Department may refuse to issue or renew, or may
20revoke, suspend, or reprimand any registration or registrant,
21any license or licensee, place a licensee or registrant on
22probation for a period of time subject to any conditions the
23Department may specify including requiring the licensee or
24registrant to attend continuing education courses or to work

 

 

09900HB5973ham001- 40 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 41 -LRB099 19442 SMS 47180 a

1        (7) Conviction by plea of guilty or nolo contendere,
2    finding of guilt, jury verdict, or entry of judgment or
3    sentencing, including, but not limited to, convictions,
4    preceding sentences of supervision, conditional discharge,
5    or first offender probation, under the laws of any
6    jurisdiction of the United States that is (i) a felony or
7    (ii) a misdemeanor, an essential element of which is
8    dishonesty, or that is directly related to the practice of
9    public accounting. The Department shall not deny a license
10    to a potential licensee whose conviction history is
11    directly related to the profession for which a license is
12    sought if the Department has not considered mitigating
13    factors provided in subsection (a-5) of this Section.
14        (8) Performance of any fraudulent act while holding a
15    license or privilege issued under this Act or prior law.
16        (9) Practicing on a revoked, suspended, or inactive
17    license or registration.
18        (10) Making or filing a report or record that the
19    registrant or licensee knows to be false, willfully failing
20    to file a report or record required by State or federal
21    law, willfully impeding or obstructing the filing or
22    inducing another person to impede or obstruct only those
23    that are signed in the capacity of a licensed CPA or a
24    registered CPA.
25        (11) Aiding or assisting another person in violating
26    any provision of this Act or rules promulgated hereunder.

 

 

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1        (12) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public.
4        (13) Habitual or excessive use or abuse of drugs,
5    alcohol, narcotics, stimulants, or any other substance
6    that results in the inability to practice with reasonable
7    skill, judgment, or safety.
8        (14) Directly or indirectly giving to or receiving from
9    any person, firm, corporation, partnership, or association
10    any fee, commission, rebate, or other form of compensation
11    for any professional service not actually rendered.
12        (15) Physical illness, including, but not limited to,
13    deterioration through the aging process or loss of motor
14    skill that results in the licensee or registrant's
15    inability to practice under this Act with reasonable
16    judgment, skill, or safety.
17        (16) Solicitation of professional services by using
18    false or misleading advertising.
19        (17) Any conduct reflecting adversely upon the
20    licensee's fitness to perform services while a licensee or
21    individual granted privileges under Section 5.2.
22        (18) Practicing or attempting to practice under a name
23    other than the full name as shown on the license or
24    registration or any other legally authorized name.
25        (19) A finding by the Department that a licensee or
26    registrant has not complied with a provision of any lawful

 

 

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1    order issued by the Department.
2        (20) Making a false statement to the Department
3    regarding compliance with continuing professional
4    education or peer review requirements.
5        (21) Failing to make a substantive response to a
6    request for information by the Department within 30 days of
7    the request.
8    (a-5) When issuing a license, the Department may consider
9an applicant's conviction or convictions but a prior conviction
10or convictions alone may not be the basis for refusing to issue
11a license unless the crime for which he or she was convicted
12directly relates to the occupation for which the license is
13sought.
14    If the conviction or convictions are used as a basis for
15rejection of an application, it must be in writing and
16specifically state the evidence presented and reasons for
17rejection, which must be directly related to the licensed
18activity. The Department must consider:
19        (1) the bearing, if any, the criminal offenses or
20    offenses for which the person was previously convicted will
21    have on his or her fitness or ability to perform one or
22    more such duties and responsibilities;
23        (2) the time which has elapsed since the occurrence of
24    the criminal offense or offenses;
25        (3) the age of the person at the time of occurrence of
26    the criminal offense or offenses;

 

 

09900HB5973ham001- 44 -LRB099 19442 SMS 47180 a

1        (4) the seriousness of the offense or offenses; and
2        (5) any information produced by the person or produced
3    on his or her behalf in regard to his or her rehabilitation
4    and good conduct that creates a presumption of
5    rehabilitation.
6    For the purpose of issuance, renewal, or restoration of a
7license, completion of a sentence of imprisonment or discharge
8from probation, conditional discharge from probation, or
9periodic imprisonment shall be treated as evidence of
10rehabilitation so that all license rights and privileges
11granted under this Act, under consideration for issuance, or
12formerly revoked or suspended because of conviction of an
13offense are automatically restored unless the Department finds
14after investigation and consideration of guidelines provided
15in items (1) through (5) of this subsection (a-5) that
16restoration is not in the public interest.
17    The Department shall not consider non-conviction records,
18charges that did not result in conviction, or convictions that
19are not directly related to the profession for which a license
20is sought.
21    For the purposes of preliminary hearings and investigation
22in licensure determinations upon disclosure of a conviction
23history, the Department shall develop and implement policies
24that consider items (1) through (5) of this subsection (a-5)
25with suggestions as to evidence of rehabilitation provided in
26the previous paragraph of this Section.

 

 

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1    (b) (Blank).
2    (b-5) All fines or costs imposed under this Section shall
3be paid within 60 days after the effective date of the order
4imposing the fine or costs or in accordance with the terms set
5forth in the order imposing the fine or cost.
6    (c) In cases where the Department of Healthcare and Family
7Services has previously determined a licensee or a potential
8licensee is more than 30 days delinquent in the payment of
9child support and has subsequently certified the delinquency to
10the Department, the Department may refuse to issue or renew or
11may revoke or suspend that person's license or may take other
12disciplinary or non-disciplinary action against that person
13based solely upon the certification of delinquency made by the
14Department of Healthcare and Family Services in accordance with
15item (5) of subsection (a) of Section 2105-15 of the Department
16of Professional Regulation Law of the Civil Administrative Code
17of Illinois unless, upon notification, the licensee
18demonstrates an inability to pay and agrees to enter into a
19reasonable payment plan.
20    Notwithstanding the provisions of this subsection, the
21Department may not refuse to issue a license to a potential
22licensee who is an obligor because the obligor's child support
23arrearage equals or exceeds the amount of child support payable
24for 12 months. When an occupational license is issued to an
25applicant to whom this paragraph applies, the Department shall
26send a written notice to the obligor following the issuance of

 

 

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1a license, advising the obligor that the obligor's license may
2be revoked or suspended unless within 30 days of the postmarked
3date of the notice, the obligor demonstrates the inability to
4pay and enters into a reasonable payment plan.
5    (d) The Department may refuse to issue or may suspend
6without hearing, as provided for in the Code of Civil
7Procedure, the license or registration of any person who fails
8to file a return, to pay a tax, penalty, or interest shown in a
9filed return, or to pay any final assessment of tax, penalty,
10or interest, as required by any tax Act administered by the
11Illinois Department of Revenue, until such time as the
12requirements of any such tax Act are satisfied in accordance
13with subsection (g) of Section 2105-15 of the Department of
14Professional Regulation Law of the Civil Administrative Code of
15Illinois.
16    (e) The Department shall deny any application for a
17license, registration, or renewal, without hearing, to any
18person who has defaulted on an educational loan guaranteed by
19the Illinois Student Assistance Commission; however, the
20Department may issue a license, registration, or renewal if the
21person in default has established a satisfactory repayment
22record as determined by the Illinois Student Assistance
23Commission.
24    (f) The determination by a court that a licensee or
25registrant is subject to involuntary admission or judicial
26admission as provided in the Mental Health and Developmental

 

 

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

 

 

09900HB5973ham001- 48 -LRB099 19442 SMS 47180 a

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

 

 

09900HB5973ham001- 49 -LRB099 19442 SMS 47180 a

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

 

 

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1affected under this Section, shall be afforded an opportunity
2to demonstrate to the Department that they can resume practice
3in compliance with acceptable and prevailing standards under
4the provisions of their license or registration.
5(Source: P.A. 98-254, eff. 8-9-13.)
 
6    Section 30. The Real Estate License Act of 2000 is amended
7by changing Section 20-20 as follows:
 
8    (225 ILCS 454/20-20)
9    (Section scheduled to be repealed on January 1, 2020)
10    Sec. 20-20. Grounds for discipline.
11    (a) The Department may refuse to issue or renew a license,
12may place on probation, suspend, or revoke any license,
13reprimand, or take any other disciplinary or non-disciplinary
14action as the Department may deem proper and impose a fine not
15to exceed $25,000 upon any licensee or applicant under this Act
16or any person who holds himself or herself out as an applicant
17or licensee or against a licensee in handling his or her own
18property, whether held by deed, option, or otherwise, for any
19one or any combination of the following causes:
20        (1) Fraud or misrepresentation in applying for, or
21    procuring, a license under this Act or in connection with
22    applying for renewal of a license under this Act.
23        (2) The conviction of or plea of guilty or plea of nolo
24    contendere to a felony or misdemeanor in this State or any

 

 

09900HB5973ham001- 51 -LRB099 19442 SMS 47180 a

1    other jurisdiction; or the entry of an administrative
2    sanction by a government agency in this State or any other
3    jurisdiction. Action taken under this paragraph (2) for a
4    misdemeanor or an administrative sanction is limited to a
5    misdemeanor or administrative sanction that has as an
6    essential element dishonesty or fraud or involves larceny,
7    embezzlement, or obtaining money, property, or credit by
8    false pretenses or by means of a confidence game. The
9    Department shall not deny a license to a potential licensee
10    whose conviction history is directly related to the
11    profession for which a license is sought if the Department
12    has not considered mitigating factors provided in Section
13    5-25 of this Act.
14        (3) Inability to practice the profession with
15    reasonable judgment, skill, or safety as a result of a
16    physical illness, including, but not limited to,
17    deterioration through the aging process or loss of motor
18    skill, or a mental illness or disability.
19        (4) Practice under this Act as a licensee in a retail
20    sales establishment from an office, desk, or space that is
21    not separated from the main retail business by a separate
22    and distinct area within the establishment.
23        (5) Having been disciplined by another state, the
24    District of Columbia, a territory, a foreign nation, or a
25    governmental agency authorized to impose discipline if at
26    least one of the grounds for that discipline is the same as

 

 

09900HB5973ham001- 52 -LRB099 19442 SMS 47180 a

1    or the equivalent of one of the grounds for which a
2    licensee may be disciplined under this Act. A certified
3    copy of the record of the action by the other state or
4    jurisdiction shall be prima facie evidence thereof.
5        (6) Engaging in the practice of real estate brokerage
6    without a license or after the licensee's license was
7    expired or while the license was inoperative.
8        (7) Cheating on or attempting to subvert the Real
9    Estate License Exam or continuing education exam.
10        (8) Aiding or abetting an applicant to subvert or cheat
11    on the Real Estate License Exam or continuing education
12    exam administered pursuant to this Act.
13        (9) Advertising that is inaccurate, misleading, or
14    contrary to the provisions of the Act.
15        (10) Making any substantial misrepresentation or
16    untruthful advertising.
17        (11) Making any false promises of a character likely to
18    influence, persuade, or induce.
19        (12) Pursuing a continued and flagrant course of
20    misrepresentation or the making of false promises through
21    licensees, employees, agents, advertising, or otherwise.
22        (13) Any misleading or untruthful advertising, or
23    using any trade name or insignia of membership in any real
24    estate organization of which the licensee is not a member.
25        (14) Acting for more than one party in a transaction
26    without providing written notice to all parties for whom

 

 

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1    the licensee acts.
2        (15) Representing or attempting to represent a broker
3    other than the sponsoring broker.
4        (16) Failure to account for or to remit any moneys or
5    documents coming into his or her possession that belong to
6    others.
7        (17) Failure to maintain and deposit in a special
8    account, separate and apart from personal and other
9    business accounts, all escrow moneys belonging to others
10    entrusted to a licensee while acting as a broker, escrow
11    agent, or temporary custodian of the funds of others or
12    failure to maintain all escrow moneys on deposit in the
13    account until the transactions are consummated or
14    terminated, except to the extent that the moneys, or any
15    part thereof, shall be:
16            (A) disbursed prior to the consummation or
17        termination (i) in accordance with the written
18        direction of the principals to the transaction or their
19        duly authorized agents, (ii) in accordance with
20        directions providing for the release, payment, or
21        distribution of escrow moneys contained in any written
22        contract signed by the principals to the transaction or
23        their duly authorized agents, or (iii) pursuant to an
24        order of a court of competent jurisdiction; or
25            (B) deemed abandoned and transferred to the Office
26        of the State Treasurer to be handled as unclaimed

 

 

09900HB5973ham001- 54 -LRB099 19442 SMS 47180 a

1        property pursuant to the Uniform Disposition of
2        Unclaimed Property Act. Escrow moneys may be deemed
3        abandoned under this subparagraph (B) only: (i) in the
4        absence of disbursement under subparagraph (A); (ii)
5        in the absence of notice of the filing of any claim in
6        a court of competent jurisdiction; and (iii) if 6
7        months have elapsed after the receipt of a written
8        demand for the escrow moneys from one of the principals
9        to the transaction or the principal's duly authorized
10        agent.
11    The account shall be noninterest bearing, unless the
12    character of the deposit is such that payment of interest
13    thereon is otherwise required by law or unless the
14    principals to the transaction specifically require, in
15    writing, that the deposit be placed in an interest bearing
16    account.
17        (18) Failure to make available to the Department all
18    escrow records and related documents maintained in
19    connection with the practice of real estate within 24 hours
20    of a request for those documents by Department personnel.
21        (19) Failing to furnish copies upon request of
22    documents relating to a real estate transaction to a party
23    who has executed that document.
24        (20) Failure of a sponsoring broker to timely provide
25    information, sponsor cards, or termination of licenses to
26    the Department.

 

 

09900HB5973ham001- 55 -LRB099 19442 SMS 47180 a

1        (21) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public.
4        (22) Commingling the money or property of others with
5    his or her own money or property.
6        (23) Employing any person on a purely temporary or
7    single deal basis as a means of evading the law regarding
8    payment of commission to nonlicensees on some contemplated
9    transactions.
10        (24) Permitting the use of his or her license as a
11    broker to enable a leasing agent or unlicensed person to
12    operate a real estate business without actual
13    participation therein and control thereof by the broker.
14        (25) Any other conduct, whether of the same or a
15    different character from that specified in this Section,
16    that constitutes dishonest dealing.
17        (26) Displaying a "for rent" or "for sale" sign on any
18    property without the written consent of an owner or his or
19    her duly authorized agent or advertising by any means that
20    any property is for sale or for rent without the written
21    consent of the owner or his or her authorized agent.
22        (27) Failing to provide information requested by the
23    Department, or otherwise respond to that request, within 30
24    days of the request.
25        (28) Advertising by means of a blind advertisement,
26    except as otherwise permitted in Section 10-30 of this Act.

 

 

09900HB5973ham001- 56 -LRB099 19442 SMS 47180 a

1        (29) Offering guaranteed sales plans, as defined in
2    clause (A) of this subdivision (29), except to the extent
3    hereinafter set forth:
4            (A) A "guaranteed sales plan" is any real estate
5        purchase or sales plan whereby a licensee enters into a
6        conditional or unconditional written contract with a
7        seller, prior to entering into a brokerage agreement
8        with the seller, by the terms of which a licensee
9        agrees to purchase a property of the seller within a
10        specified period of time at a specific price in the
11        event the property is not sold in accordance with the
12        terms of a brokerage agreement to be entered into
13        between the sponsoring broker and the seller.
14            (B) A licensee offering a guaranteed sales plan
15        shall provide the details and conditions of the plan in
16        writing to the party to whom the plan is offered.
17            (C) A licensee offering a guaranteed sales plan
18        shall provide to the party to whom the plan is offered
19        evidence of sufficient financial resources to satisfy
20        the commitment to purchase undertaken by the broker in
21        the plan.
22            (D) Any licensee offering a guaranteed sales plan
23        shall undertake to market the property of the seller
24        subject to the plan in the same manner in which the
25        broker would market any other property, unless the
26        agreement with the seller provides otherwise.

 

 

09900HB5973ham001- 57 -LRB099 19442 SMS 47180 a

1            (E) The licensee cannot purchase seller's property
2        until the brokerage agreement has ended according to
3        its terms or is otherwise terminated.
4            (F) Any licensee who fails to perform on a
5        guaranteed sales plan in strict accordance with its
6        terms shall be subject to all the penalties provided in
7        this Act for violations thereof and, in addition, shall
8        be subject to a civil fine payable to the party injured
9        by the default in an amount of up to $25,000.
10        (30) Influencing or attempting to influence, by any
11    words or acts, a prospective seller, purchaser, occupant,
12    landlord, or tenant of real estate, in connection with
13    viewing, buying, or leasing real estate, so as to promote
14    or tend to promote the continuance or maintenance of
15    racially and religiously segregated housing or so as to
16    retard, obstruct, or discourage racially integrated
17    housing on or in any street, block, neighborhood, or
18    community.
19        (31) Engaging in any act that constitutes a violation
20    of any provision of Article 3 of the Illinois Human Rights
21    Act, whether or not a complaint has been filed with or
22    adjudicated by the Human Rights Commission.
23        (32) Inducing any party to a contract of sale or lease
24    or brokerage agreement to break the contract of sale or
25    lease or brokerage agreement for the purpose of
26    substituting, in lieu thereof, a new contract for sale or

 

 

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1    lease or brokerage agreement with a third party.
2        (33) Negotiating a sale, exchange, or lease of real
3    estate directly with any person if the licensee knows that
4    the person has an exclusive brokerage agreement with
5    another broker, unless specifically authorized by that
6    broker.
7        (34) When a licensee is also an attorney, acting as the
8    attorney for either the buyer or the seller in the same
9    transaction in which the licensee is acting or has acted as
10    a managing broker or broker.
11        (35) Advertising or offering merchandise or services
12    as free if any conditions or obligations necessary for
13    receiving the merchandise or services are not disclosed in
14    the same advertisement or offer. These conditions or
15    obligations include without limitation the requirement
16    that the recipient attend a promotional activity or visit a
17    real estate site. As used in this subdivision (35), "free"
18    includes terms such as "award", "prize", "no charge", "free
19    of charge", "without charge", and similar words or phrases
20    that reasonably lead a person to believe that he or she may
21    receive or has been selected to receive something of value,
22    without any conditions or obligations on the part of the
23    recipient.
24        (36) Disregarding or violating any provision of the
25    Land Sales Registration Act of 1989, the Illinois Real
26    Estate Time-Share Act, or the published rules promulgated

 

 

09900HB5973ham001- 59 -LRB099 19442 SMS 47180 a

1    by the Department to enforce those Acts.
2        (37) Violating the terms of a disciplinary order issued
3    by the Department.
4        (38) Paying or failing to disclose compensation in
5    violation of Article 10 of this Act.
6        (39) Requiring a party to a transaction who is not a
7    client of the licensee to allow the licensee to retain a
8    portion of the escrow moneys for payment of the licensee's
9    commission or expenses as a condition for release of the
10    escrow moneys to that party.
11        (40) Disregarding or violating any provision of this
12    Act or the published rules promulgated by the Department to
13    enforce this Act or aiding or abetting any individual,
14    partnership, registered limited liability partnership,
15    limited liability company, or corporation in disregarding
16    any provision of this Act or the published rules
17    promulgated by the Department to enforce this Act.
18        (41) Failing to provide the minimum services required
19    by Section 15-75 of this Act when acting under an exclusive
20    brokerage agreement.
21        (42) Habitual or excessive use or addiction to alcohol,
22    narcotics, stimulants, or any other chemical agent or drug
23    that results in a managing broker, broker, or leasing
24    agent's inability to practice with reasonable skill or
25    safety.
26        (43) Enabling, aiding, or abetting an auctioneer, as

 

 

09900HB5973ham001- 60 -LRB099 19442 SMS 47180 a

1    defined in the Auction License Act, to conduct a real
2    estate auction in a manner that is in violation of this
3    Act.
4    (a-5) When issuing a license, the Department may consider
5an applicant's conviction or convictions but a prior conviction
6or convictions alone may not be the basis for refusing to issue
7a license unless the crime for which he or she was convicted
8directly relates to the occupation for which the license is
9sought.
10    If the conviction or convictions are used as a basis for
11rejection of an application, it must be in writing and
12specifically state the evidence presented and reasons for
13rejection, which must be directly related to the licensed
14activity. The Department must consider:
15        (1) the bearing, if any, the criminal offenses or
16    offenses for which the person was previously convicted will
17    have on his or her fitness or ability to perform one or
18    more such duties and responsibilities;
19        (2) the time which has elapsed since the occurrence of
20    the criminal offense or offenses;
21        (3) the age of the person at the time of occurrence of
22    the criminal offense or offenses;
23        (4) the seriousness of the offense or offenses; and
24        (5) any information produced by the person or produced
25    on his or her behalf in regard to his or her rehabilitation
26    and good conduct that creates a presumption of

 

 

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1    rehabilitation.
2    For the purpose of issuance, renewal, or restoration of a
3license, completion of a sentence of imprisonment or discharge
4from probation, conditional discharge from probation, or
5periodic imprisonment shall be treated as evidence of
6rehabilitation so that all license rights and privileges
7granted under this Act, under consideration for issuance, or
8formerly revoked or suspended because of conviction of an
9offense are automatically restored unless the Department finds
10after investigation and consideration of guidelines provided
11in items (1) through (5) of this subsection (a-5) that
12restoration is not in the public interest.
13    The Department shall not consider non-conviction records,
14charges that did not result in conviction, or convictions that
15are not directly related to the profession for which a license
16is sought.
17    For the purposes of preliminary hearings and investigation
18in licensure determinations upon disclosure of a conviction
19history, the Department shall develop and implement policies
20that consider items (1) through (5) of this subsection (a-5)
21with suggestions as to evidence of rehabilitation provided in
22the previous paragraph of this Section.
23    (b) The Department may refuse to issue or renew or may
24suspend the license of any person who fails to file a return,
25pay the tax, penalty or interest shown in a filed return, or
26pay any final assessment of tax, penalty, or interest, as

 

 

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1required by any tax Act administered by the Department of
2Revenue, until such time as the requirements of that tax Act
3are satisfied in accordance with subsection (g) of Section
42105-15 of the Civil Administrative Code of Illinois.
5    (c) The Department shall deny a license or renewal
6authorized by this Act to a person who has defaulted on an
7educational loan or scholarship provided or guaranteed by the
8Illinois Student Assistance Commission or any governmental
9agency of this State in accordance with item (5) of subsection
10(a) of Section 2105-15 of the Civil Administrative Code of
11Illinois.
12    (d) In cases where the Department of Healthcare and Family
13Services (formerly Department of Public Aid) has previously
14determined that a licensee or a potential licensee is more than
1530 days delinquent in the payment of child support and has
16subsequently certified the delinquency to the Department may
17refuse to issue or renew or may revoke or suspend that person's
18license or may take other disciplinary action against that
19person based solely upon the certification of delinquency made
20by the Department of Healthcare and Family Services in
21accordance with item (5) of subsection (a) of Section 2105-15
22of the Civil Administrative Code of Illinois unless, upon
23notification, the licensee demonstrates an inability to pay and
24agrees to enter into a reasonable payment plan.
25    Notwithstanding the provisions of this subsection, the
26Department may not refuse to issue a license to a potential

 

 

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1licensee who is an obligor because the obligor's child support
2arrearage equals or exceeds the amount of child support payable
3for 12 months. When an occupational license is issued to an
4applicant to whom this paragraph applies, the Department shall
5send a written notice to the obligor following the issuance of
6a license, advising the obligor that the obligor's license may
7be revoked or suspended unless within 30 days of the postmarked
8date of the notice, the obligor demonstrates the inability to
9pay and enters into a reasonable payment plan.
10    (e) In enforcing this Section, the Department or Board upon
11a showing of a possible violation may compel an individual
12licensed to practice under this Act, or who has applied for
13licensure under this Act, to submit to a mental or physical
14examination, or both, as required by and at the expense of the
15Department. The Department or Board may order the examining
16physician to present testimony concerning the mental or
17physical examination of the licensee or applicant. No
18information shall be excluded by reason of any common law or
19statutory privilege relating to communications between the
20licensee or applicant and the examining physician. The
21examining physicians shall be specifically designated by the
22Board or Department. The individual to be examined may have, at
23his or her own expense, another physician of his or her choice
24present during all aspects of this examination. Failure of an
25individual to submit to a mental or physical examination, when
26directed, shall be grounds for suspension of his or her license

 

 

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

 

 

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1regarding the impairment to the extent permitted by applicable
2federal statutes and regulations safeguarding the
3confidentiality of medical records.
4    An individual licensed under this Act and affected under
5this Section shall be afforded an opportunity to demonstrate to
6the Department or Board that he or she can resume practice in
7compliance with acceptable and prevailing standards under the
8provisions of his or her license.
9(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
1099-227, eff. 8-3-15.)".