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90_HB0892
225 ILCS 415/23 from Ch. 111, par. 6223
Amends the Illinois Certified Shorthand Reporters Act to
subject persons regulated under this Act to disciplinary
action for willfully failing to systematically retain
stenographic notes, recordings or transcripts, including
paper or electronic media, for a 5-year period. Effective
immediately.
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1 AN ACT to amend the Illinois Certified Shorthand
2 Reporters Act of 1984 by changing Section 23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Certified Shorthand Reporters
6 Act of 1984 is amended by changing Section 23 as follows:
7 (225 ILCS 415/23) (from Ch. 111, par. 6223)
8 Sec. 23. Grounds for disciplinary action.
9 (a) The Department may refuse to issue or renew, or may
10 revoke, suspend, place on probation, reprimand or take other
11 disciplinary action as the Department may deem appropriate,
12 including fines not to exceed $5,000 for each violation, with
13 regard to any license for any one or combination of the
14 following:
15 (1) Material misstatement in furnishing information
16 to the Department;
17 (2) Violations of this Act, or of the rules
18 promulgated thereunder;
19 (3) Conviction of any crime under the laws of the
20 United States or any state or territory thereof which is
21 a felony or which is a misdemeanor, an essential element
22 of which is dishonesty, or of any crime which is directly
23 related to the practice of shorthand reporting;
24 (4) Making any misrepresentation for the purpose of
25 obtaining certification, or violating any provision of
26 this Act or the rules promulgated thereunder pertaining
27 to advertising;
28 (5) Having demonstrated unworthiness, or
29 incompetency to act as a certified shorthand reporter in
30 such manner as to safeguard the interest of the public;
31 (6) Aiding or assisting another person, firm,
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1 partnership or corporation in violating any provision of
2 this Act or rules;
3 (7) Failing, within 60 days, to provide information
4 in response to a written request made by the Department;
5 (8) Engaging in dishonorable, unethical or
6 unprofessional conduct of a character likely to deceive,
7 defraud or harm the public;
8 (9) Habitual intoxication or addiction to the use
9 of drugs;
10 (10) Discipline by another state, the District of
11 Columbia, a territory, or foreign nation, if at least one
12 of the grounds for the discipline is the same or
13 substantially equivalent to those set forth herein;
14 (11) Directly or indirectly giving to or receiving
15 from any person, firm, corporation, partnership or
16 association any fee, commission, rebate or other form of
17 compensation for professional services not actually or
18 personally rendered;
19 (12) A finding by the Board that the certificate
20 holder, after having his certificate placed on
21 probationary status, has violated the terms of probation;
22 (13) Willfully making or filing false records or
23 reports in the practice of shorthand reporting, including
24 but not limited to false records filed with State
25 agencies or departments;
26 (14) Physical illness, including but not limited
27 to, deterioration through the aging process, or loss of
28 motor skill which results in the inability to practice
29 the profession with reasonable judgment, skill or safety;
30 (15) Solicitation of professional services other
31 than by permitted advertising;
32 (16) Willful failure to take full and accurate
33 stenographic notes of any proceeding;
34 (17) Willful alteration of any stenographic notes
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1 taken at any proceeding;
2 (18) Willful failure to accurately transcribe
3 verbatim any stenographic notes taken at any proceeding;
4 (19) Willful alteration of a transcript of
5 stenographic notes taken at any proceeding;
6 (20) Affixing one's signature to any transcript of
7 his stenographic notes or certifying to its correctness
8 unless the transcript has been prepared by him or under
9 his immediate supervision;
10 (21) Willful failure to systematically retain
11 stenographic notes, recordings or transcripts on paper or
12 any electronic media for 5 years from the date that the
13 notes, recordings or transcripts were taken for time
14 periods required by law;
15 (22) Failure to deliver transcripts in a timely
16 manner or in accordance with contractual agreements;
17 (23) Establishing contingent fees as a basis of
18 compensation.
19 (b) The determination by a circuit court that a
20 certificate holder is subject to involuntary admission or
21 judicial admission as provided in the Mental Health and
22 Developmental Disabilities Code, operates as an automatic
23 suspension. Such suspension will end only upon a finding by
24 a court that the patient is no longer subject to involuntary
25 admission or judicial admission, an order by the court so
26 finding and discharging the patient, and the recommendation
27 of the Board to the Director that the certificate holder be
28 allowed to resume his practice.
29 (Source: P.A. 86-615; 87-481; 87-576.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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