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| Public Act 101-0388 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Professional Regulation Law of | ||||
the
Civil Administrative Code of Illinois is amended by | ||||
changing Section 2105-131 as follows: | ||||
(20 ILCS 2105/2105-131) | ||||
Sec. 2105-131. Applicants with criminal convictions; | ||||
notice of denial. | ||||
(a) For the purposes of this Section, "mitigating factors" | ||||
means any information, evidence, conduct, or circumstances | ||||
before, during, or after the offense or offenses reviewed by | ||||
the Department that may reflect on an applicant's request for | ||||
licensure, registration, or certification through the | ||||
Department, such as 3 years having passed since release from | ||||
confinement. Mitigating factors are not a bar to licensure, | ||||
instead they provide guidance for the Department when | ||||
considering licensure, registration, or certification for an | ||||
applicant with criminal history. | ||||
Except as provided in Section 2105-165 of this Act | ||||
regarding licensing restrictions based on enumerated offenses | ||||
for health care workers as defined in the Health Care Worker | ||||
Self-Referral Act and except as provided in any licensing Act | ||||
administered by the Department in which convictions of certain | ||
enumerated offenses are a bar to licensure, the Department, | ||
upon a finding that an applicant for a license, certificate, or | ||
registration was previously convicted of a felony or | ||
misdemeanor that may be grounds for refusing to issue a license | ||
or certificate or to grant a granting registration, shall | ||
consider any mitigating factors and evidence of rehabilitation | ||
contained in the applicant's record, including the | ||
circumstances surrounding the offense or offenses and any of | ||
the following, to determine whether a prior conviction will | ||
impair the ability of the applicant to engage in the practice | ||
for which a license, certificate, or registration is sought: | ||
(1) the lack of direct relation of the offense for | ||
which the applicant was previously convicted to the duties, | ||
functions, and responsibilities of the position for which a | ||
license is sought; | ||
(2) any mitigating factors from the point of arrest or | ||
indictment when determined to be appropriate, unless | ||
otherwise specified and including, but not limited to, | ||
whether 5 years since a felony conviction or 3 years since | ||
release from confinement for the conviction, whichever is | ||
later, have passed without a subsequent conviction; | ||
(3) if the applicant was previously licensed or | ||
employed in this State or other states or jurisdictions, | ||
the lack of prior misconduct arising from or related to the | ||
licensed position or position of employment; | ||
(4) the age of the person at the time of the criminal | ||
offense; | ||
(4.5) if, due to the applicant's criminal conviction | ||
history, the applicant would be explicitly prohibited by | ||
federal rules or regulations from working in the position | ||
for which a license is sought; | ||
(5) successful completion of sentence and, for | ||
applicants serving a term of parole or probation, a | ||
progress report provided by the applicant's probation or | ||
parole officer that documents the applicant's compliance | ||
with conditions of supervision; | ||
(6) evidence of the applicant's present fitness and | ||
professional character; | ||
(7) evidence of rehabilitation or rehabilitative | ||
effort during or after incarceration, or during or after a | ||
term of supervision, including, but not limited to, a | ||
certificate of good conduct under Section 5-5.5-25 of the | ||
Unified Code of Corrections or certificate of relief from | ||
disabilities under Section 5-5.5-10 of the Unified Code of | ||
Corrections; and | ||
(8) any other mitigating factors that contribute to the | ||
person's potential and current ability to perform the job | ||
duties. | ||
(b) If the Department refuses to issue a license or | ||
certificate or grant registration to an applicant based upon a | ||
conviction or convictions, in whole or in part, the Department | ||
shall notify the applicant of the denial in writing with the | ||
following included in the notice of denial: | ||
(1) a statement about the decision to refuse to grant a | ||
license, certificate, or registration; | ||
(2) a list of convictions that the Department | ||
determined will impair the applicant's ability to engage in | ||
the position for which a license, registration, or | ||
certificate is sought; | ||
(3) a list of convictions that formed the sole or | ||
partial basis for the refusal to issue a license or | ||
certificate or grant registration; and | ||
(4) a summary of the appeal process or the earliest the | ||
applicant may reapply for a license, certificate, or | ||
registration, whichever is applicable.
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(Source: P.A. 100-286, eff. 1-1-18.)
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