Public Act 099-0876
 
HB5973 EnrolledLRB099 19442 SMS 43834 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Funeral Directors and Embalmers Licensing 
Code is amended  by changing Section 15-75 and  by adding Section 
15-72 as follows:
 
    (225 ILCS 41/15-72 new)
    Sec. 15-72. Applicant convictions. 
    (a) When reviewing a conviction by plea of guilty or nolo 
contendere, finding of guilt, jury verdict, or entry of 
judgment or by sentencing of an initial applicant, the 
Department may only deny a license based upon consideration of 
mitigating factors provided in subsection (c) of this Section 
for a felony directly related to the practice of funeral 
directing and embalming.
    (b) The following crimes or similar offenses in any other 
jurisdiction are hereby deemed directly related to the practice 
of funeral directing and embalming:
        (1) first degree murder;
        (2) second degree murder;
        (3) drug induced homicide;
        (4) unlawful restraint;
        (5) aggravated unlawful restraint;
        (6) forcible detention;
        (7) involuntary servitude;
        (8) involuntary sexual servitude of a minor;
        (9) predatory criminal sexual assault of a child;
        (10) aggravated criminal sexual assault;
        (11) criminal sexual assault;
        (12) criminal sexual abuse;
        (13) aggravated kidnaping;
        (14) aggravated robbery;
        (15) armed robbery;
        (16) kidnapping;
        (17) aggravated battery;
        (18) aggravated vehicular hijacking;
        (19) terrorism;
        (20) causing a catastrophe;
        (21) possession of a deadly substance;
        (22) making a terrorist threat;
        (23) material support for terrorism;
        (24) hindering prosecution of terrorism;
        (25) armed violence;
        (26) any felony based on consumer fraud or deceptive 
    business practices under the Consumer Fraud and Deceptive 
    Business Practices Act;
        (27) any felony requiring registration as a sex 
    offender under the Sex Offender Registration Act;
        (28) attempt of any the offenses set forth in 
    paragraphs (1) through (27) of this subsection (b); and
        (29) convictions set forth in Section 15-75 of this 
    Code.
    (c) The Department shall consider any mitigating factors 
contained in the record, when determining the appropriate 
disciplinary sanction, if any, to be imposed.  In addition to 
those set forth in Section 2105-130 of the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois, mitigating factors shall include the following:
        (1) the bearing, if any, the criminal offense or 
    offenses for which the person was previously convicted will 
    have on his or her fitness or ability to perform one or 
    more such duties and responsibilities;
        (2) the time that has elapsed since the criminal 
    conviction; and
        (3) the age of the person at the time of the criminal 
    conviction.
    (d) The Department shall issue an annual report by January 
31, 2018 and by January 31 each year thereafter, indicating the 
following:
        (1) the number of initial applicants for a license 
    under this Code within the preceding calendar year;
        (2) the number of initial applicants for a license 
    under this Code within the previous calendar year who had a 
    conviction;
        (3) the number of applicants with a conviction who were 
    granted a license under this Code within the previous year;
        (4) the number of applicants denied a license under 
    this Code within the preceding calendar year; and
        (5) the number of applicants denied a license under 
    this Code solely on the basis of a conviction within the 
    preceding calendar year.
    (e) Nothing in this Section shall prevent the Department 
taking disciplinary or non-disciplinary action against a 
license as set forth in paragraph (2) of subsection (b) of 
Section 15-175 of this Code. 
 
    (225 ILCS 41/15-75)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 15-75. Violations; grounds for discipline; penalties. 
    (a) Each of the following acts is a Class A misdemeanor
for 
the first offense, and a Class 4 felony for each subsequent 
offense.
These penalties shall also apply to unlicensed owners 
of funeral homes.
        (1) Practicing the profession of funeral directing and 
    embalming or
funeral directing, or attempting to practice 
    the profession of funeral
directing and embalming or 
    funeral directing without a license as a
funeral director 
    and embalmer or funeral director.
        (2) Serving or attempting to serve as an intern under a 
    licensed funeral
director
and embalmer
without a license as 
    a licensed funeral director and embalmer intern.
        (3) Obtaining or attempting to obtain a license, 
    practice or business,
or any other thing of value, by fraud 
    or misrepresentation.
        (4) Permitting any person in one's employ, under one's 
    control or in or
under one's service to serve as a funeral 
    director and embalmer, funeral
director, or funeral 
    director and embalmer intern when the
person does not have 
    the appropriate license.
        (5) Failing to display a license as required by this 
    Code.
        (6) Giving false information or making a false oath or 
    affidavit
required by this Code.
    (b) The Department may refuse to issue or renew, revoke, 
suspend, place on probation or administrative supervision, 
reprimand, or take other disciplinary or non-disciplinary 
action as the Department may deem appropriate, including 
imposing fines not to exceed $10,000 for each violation, with 
regard to any license under the Code for any one or combination 
of the following:
        (1) Fraud or any misrepresentation in applying for or 
    procuring a license under this Code or in connection with 
    applying for  renewal of a license under this Code.
        (2) For licenses, conviction Conviction by plea of 
    guilty or nolo contendere, finding of guilt, jury verdict, 
    or entry of judgment or by sentencing of any crime, 
    including, but not limited to, convictions, preceding 
    sentences of supervision, conditional discharge, or first 
    offender probation, under the laws of any jurisdiction of 
    the United States: (i) that is a felony or (ii) that is a 
    misdemeanor, an essential element of which is dishonesty, 
    or that is directly related to the practice of the 
    profession and, for initial applicants, convictions set 
    forth in Section 15-72 of this Act. 
        (3) Violation of the laws of this State relating to the 
    funeral, burial
or disposition of deceased human bodies or 
    of the rules and regulations of the
Department, or the 
    Department of Public Health.
        (4) Directly or indirectly paying or causing to be paid 
    any sum of money
or other valuable consideration for the 
    securing of business or for
obtaining authority to dispose 
    of any deceased human body.
        (5) Professional incompetence, gross negligence, 
    malpractice, or untrustworthiness in the practice of 
    funeral
directing and embalming or funeral directing.
        (6) (Blank).
        (7) Engaging in, promoting, selling, or issuing burial 
    contracts, burial
certificates, or burial insurance 
    policies in connection with the
profession as a funeral 
    director and embalmer, funeral director, or funeral

    director and embalmer intern in violation of any laws of 
    the
State
of Illinois.
        (8) Refusing, without cause, to surrender the custody 
    of a deceased
human body upon the proper request of the 
    person or persons lawfully
entitled to the custody of the 
    body.
        (9) Taking undue advantage of a client or clients as to 
    amount to the
perpetration of fraud.
        (10) Engaging in funeral directing and embalming or 
    funeral
directing without a license.
        (11) Encouraging, requesting, or suggesting by a 
    licensee or some person
working on his behalf and with his 
    consent for compensation that a person
utilize the services 
    of a certain funeral director and embalmer, funeral

    director, or funeral establishment unless that information 
    has
been expressly requested by the person.  This does not 
    prohibit general
advertising or pre-need solicitation.
        (12) Making or causing to be made any false or 
    misleading statements
about the laws concerning the 
    disposition of human remains, including, but not
limited 
    to, the need to embalm, the need for a casket for cremation 
    or the
need for an outer burial container.
        (13) (Blank).
        (14) Embalming or attempting to embalm a deceased human 
    body without
express prior authorization of the person 
    responsible for making the
funeral arrangements for the 
    body.  This does not apply to cases where
embalming is 
    directed by local authorities who have jurisdiction or when

    embalming is required by State or local law. A licensee may 
    embalm without express prior authorization if a good faith 
    effort has been made to contact family members and has been 
    unsuccessful and the licensee has no reason to believe the 
    family opposes embalming. 
        (15) Making a false statement on a Certificate of Death 
    where the
person making the statement knew or should have 
    known that the statement
was false.
        (16) Soliciting human bodies after death or while death 
    is imminent.
        (17) Performing any act or practice that is a violation

    of this Code, the rules for the administration of this 
    Code, or any
federal,
State or local laws, rules, or 
    regulations
governing the practice of funeral directing or 
    embalming.
        (18) Performing any act or practice that is a violation 
    of Section 2 of
the Consumer Fraud and Deceptive Business 
    Practices Act.
        (19) Engaging in dishonorable, unethical, or 
    unprofessional conduct of a character
likely to deceive, 
    defraud or harm the public.
        (20) Taking possession of a dead human body without 
    having first
obtained express permission from the person 
    holding the right to control the disposition in accordance 
    with Section 5 of the Disposition of Remains Act or a 
    public agency legally
authorized to direct, control or 
    permit the removal of deceased human bodies.
        (21) Advertising in a false or misleading manner or 
    advertising using
the name of an unlicensed person in 
    connection with any service being
rendered in the practice 
    of funeral directing or funeral directing and
embalming.  
    The use of any name of an unlicensed or unregistered person 
    in
an advertisement so as to imply that the person will 
    perform services is
considered misleading advertising.  
    Nothing in this paragraph shall prevent
including the name 
    of any owner, officer or corporate director of a funeral

    home, who is not a licensee, in any advertisement used by a 
    funeral home
with which the individual is affiliated, if 
    the advertisement specifies
the individual's affiliation 
    with the funeral home.
        (22) Charging for professional services not rendered, 
    including filing false statements for the collection of 
    fees for which services are not rendered.
        (23) Failing to account for or remit any monies, 
    documents, or personal
property that belongs to others that 
    comes into a licensee's possession.
        (24) Treating any person differently to his detriment 
    because of
race, color, creed, gender, religion, or 
    national origin.
        (25) Knowingly making any false statements, oral or 
    otherwise, of a
character likely to influence, persuade or 
    induce others in the course of
performing professional 
    services or activities.
        (26) Willfully making or filing false records or 
    reports in the practice
of funeral directing and embalming, 
    including, but not limited to, false records filed with 
    State agencies or departments.
        (27) Failing to acquire continuing education required 
    under this Code.
        (28) (Blank).
        (29) Aiding or assisting another person in violating 
    any provision of this Code or rules adopted pursuant to 
    this Code.
        (30) Failing within 10 days, to provide information in 
    response to a written request made by the Department.
        (31) Discipline by another state, District of 
    Columbia, territory, foreign nation, or governmental 
    agency, if at least one of the grounds for the discipline 
    is the same or substantially equivalent to those set forth 
    in this Section.
        (32) (Blank).
        (33) Mental illness or disability which results in the 
    inability to practice the profession with reasonable 
    judgment, skill, or safety.
        (34) Gross, willful, or continued overcharging for 
    professional services, including filing false statements 
    for collection of fees for which services are not rendered.
        (35) Physical illness, including, but not limited to, 
    deterioration through the aging process or loss of motor 
    skill which results in a licensee's inability to practice 
    under this Code with reasonable judgment, skill, or safety. 
        (36) Failing to comply with any of the following 
    required activities:
            (A) When reasonably possible, a funeral director 
        licensee or funeral director and embalmer licensee or 
        anyone acting on his or
her behalf shall obtain the 
        express authorization of the person or persons

        responsible for making the funeral arrangements for a 
        deceased human body
prior to removing a body from the 
        place of death or any place it may be or
embalming or 
        attempting to embalm a deceased human body, unless 
        required by
State or local law.  This requirement is 
        waived whenever removal or
embalming is directed by 
        local authorities who have jurisdiction.
If the 
        responsibility for the handling of the remains 
        lawfully falls under
the jurisdiction of a public 
        agency, then the regulations of the public
agency shall 
        prevail.
            (B) A licensee shall clearly mark the price of any 
        casket offered for
sale or the price of any service 
        using the casket on or in the casket if
the casket is 
        displayed at the funeral establishment.  If the casket 
        is
displayed at any other location, regardless of 
        whether the licensee is in
control of that location, 
        the casket shall be clearly marked and the
registrant 
        shall use books, catalogues, brochures, or other 
        printed display
aids to show the price of each casket 
        or service.
            (C) At the time funeral arrangements are made and 
        prior to rendering the
funeral services, a licensee 
        shall furnish a written statement of services to be

        retained by the person or persons making the funeral 
        arrangements, signed
by both parties, that shall 
        contain: (i) the name, address and telephone number
of 
        the funeral establishment and the date on which the 
        arrangements were made;
(ii) the price of the service 
        selected and the services and merchandise
included for 
        that price; (iii) a clear disclosure that the person or 
        persons
making the arrangement may decline and receive 
        credit for any service or
merchandise not desired and 
        not required by law or the funeral director or the

        funeral director and embalmer; (iv) the supplemental 
        items of service and
merchandise requested and the 
        price of each item; (v) the terms or method of
payment 
        agreed upon; and (vi) a statement as to any monetary 
        advances made by
the registrant on behalf of the 
        family. The licensee shall maintain a copy of the 
        written statement of services in its permanent 
        records. All written statements of services are 
        subject to inspection by the Department. 
            (D) In all instances where the place of final 
        disposition of a deceased human body or the cremated 
        remains of a deceased human body is a cemetery, the 
        licensed funeral director and embalmer, or licensed 
        funeral director, who has been engaged to provide 
        funeral or embalming services shall remain at the 
        cemetery and personally witness the placement of the 
        human remains in their designated grave or the sealing 
        of the above ground depository, crypt, or urn. The 
        licensed funeral director or licensed funeral director 
        and embalmer may designate a licensed funeral director 
        and embalmer intern or representative of the funeral 
        home to be his or her witness to the placement of the 
        remains. If the cemetery authority, cemetery manager, 
        or any other agent of the cemetery takes any action 
        that prevents compliance with this paragraph (D), then 
        the funeral director and embalmer or funeral director 
        shall provide written notice to the Department within 5 
        business days after failing to comply. If the 
        Department receives this notice, then the Department 
        shall not take any disciplinary action against the 
        funeral director and embalmer or funeral director for a 
        violation of this paragraph (D) unless the Department 
        finds that the cemetery authority, manager, or any 
        other agent of the cemetery did not prevent the funeral 
        director and embalmer or funeral director from 
        complying with this paragraph (D) as claimed in the 
        written notice.
            (E)  A funeral director or funeral director and 
        embalmer shall fully complete the portion of the 
        Certificate of Death under the responsibility of the 
        funeral director or funeral director and embalmer and 
        provide all required information. In the event that any 
        reported information subsequently changes or proves 
        incorrect, a funeral director or funeral director and 
        embalmer shall immediately upon learning the correct 
        information correct the Certificate of Death. 
        (37) A finding by the Department that the license, 
    after having his or
her license placed on probationary 
    status or subjected to conditions or
restrictions, 
    violated the terms of the probation or failed to comply 
    with such
terms or conditions.
        (38) (Blank).
        (39) Being named as a perpetrator in an indicated 
    report by the Department
of Children and Family Services 
    pursuant to the Abused and Neglected Child
Reporting Act 
    and, upon proof by clear and convincing evidence,
being 
    found to have caused a child to be an abused child or 
    neglected child as
defined
in the Abused and Neglected 
    Child Reporting Act.
        (40) Habitual or excessive use or abuse of drugs 
    defined in law as controlled substances, alcohol, or any 
    other substance which results in the inability to practice 
    with reasonable judgment, skill, or safety.
        (41) Practicing under a false or, except as provided by 
    law, an assumed name.
        (42) Cheating on or attempting to subvert the licensing 
    examination administered under this Code. 
    (c) The Department may refuse to issue or renew or may 
suspend without a hearing, as provided for in the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois, the license
of any person who fails to file a return, 
to pay the tax, penalty or interest
shown in a filed return, or 
to pay any final assessment of tax, penalty or
interest as 
required by any tax Act administered by the Illinois Department 
of
Revenue, until the time as the requirements of the tax Act 
are satisfied in accordance with subsection (g) of Section 
2105-15 of the Department of Professional Regulation Law of the 
Civil Administrative Code of Illinois.
    (d) No action may be taken under this Code against a person 
licensed under this Code unless the action is commenced within 
5 years after the occurrence of the alleged violations.  A 
continuing violation shall be deemed to have occurred on the 
date when the circumstances last existed that give rise to the 
alleged violation. 
    (e) Nothing in this Section shall be construed or enforced 
to give a funeral director and embalmer, or his or her 
designees, authority over the operation of a cemetery or over 
cemetery employees. Nothing in this Section shall be construed 
or enforced to impose duties or penalties on cemeteries with 
respect to the timing of the placement of human remains in 
their designated grave or the sealing of the above ground 
depository, crypt, or urn due to patron safety, the allocation 
of cemetery staffing, liability insurance, a collective 
bargaining agreement, or other such reasons. 
    (f) All fines imposed under this Section shall be paid 60 
days after the effective date of the order imposing the fine.
    (g) The Department shall deny a license or renewal 
authorized by this Code to a person who has defaulted on an 
educational loan or scholarship provided or guaranteed by the 
Illinois Student Assistance Commission or any governmental 
agency of this State in accordance with item (5) of subsection 
(a) of Section 2105-15 of the Department of Professional 
Regulation Law of the Civil Administrative Code of Illinois.
    (h) In cases where the Department of Healthcare and Family 
Services has previously determined a licensee or a potential 
licensee is more than 30 days delinquent in the payment of 
child support and has subsequently certified the delinquency to 
the Department, the Department may refuse to issue or renew or 
may revoke or suspend that person's license or may take other 
disciplinary action against that person based solely upon the 
certification of delinquency made by the Department of 
Healthcare and Family Services in accordance with item (5) of 
subsection (a) of Section 2105-15 of the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois. 
    (i) A person not licensed under this Code who is an owner 
of a funeral establishment or funeral business shall not aid, 
abet, assist, procure, advise, employ, or contract with any 
unlicensed person to offer funeral services or aid, abet, 
assist, or direct any licensed person contrary to or in 
violation of any rules or provisions of this Code. A person 
violating this subsection shall be treated as a licensee for 
the purposes of disciplinary action under this Section and 
shall be subject to cease and desist orders as provided in this 
Code, the imposition of a fine up to $10,000 for each violation 
and any other penalty provided by law.
    (j) The determination by a circuit court that a licensee is 
subject to involuntary admission or judicial admission as 
provided in the Mental Health and Developmental Disabilities 
Code, as amended, operates as an automatic suspension.  The 
suspension may end only upon a finding by a court that the 
licensee is no longer subject to the involuntary admission or 
judicial admission and issues an order so finding and 
discharging the licensee, and upon the recommendation of the 
Board to the Secretary that the licensee be allowed to resume 
his or her practice.
    (k) In enforcing this Code, the Department, upon a showing 
of a possible violation, may compel an individual licensed to 
practice under this Code, or who has applied for licensure 
under this Code, to submit to a mental or physical examination, 
or both, as required by and at the expense of the Department. 
The Department may order the examining physician to present 
testimony concerning the mental or physical examination of the 
licensee or applicant. No information shall be excluded by 
reason of any common law or statutory privilege relating to 
communications between the licensee or applicant and the 
examining physician. The examining physician shall be 
specifically designated by the Department. The individual to be 
examined may have, at his or her own expense, another physician 
of his or her choice present during all aspects of this 
examination. The examination shall be performed by a physician 
licensed to practice medicine in all its branches. Failure of 
an individual to submit to a mental or physical examination, 
when directed, shall result in an automatic suspension without 
hearing.
    A person holding a license under this Code or who has 
applied for a license under this Code who, because of a 
physical or mental illness or disability, including, but not 
limited to, deterioration through the aging process or loss of 
motor skill, is unable to practice the profession with 
reasonable judgment, skill, or safety, may be required by the 
Department to submit to care, counseling, or treatment by 
physicians approved or designated by the Department as a 
condition, term, or restriction for continued, reinstated, or 
renewed licensure to practice. Submission to care, counseling, 
or treatment as required by the Department shall not be 
considered discipline of a license. If the licensee refuses to 
enter into a care, counseling, or treatment agreement or fails 
to abide by the terms of the agreement, the Department may file 
a complaint to revoke, suspend, or otherwise discipline the 
license of the individual. The Secretary may order the license 
suspended immediately, pending a hearing by the Department. 
Fines shall not be assessed in disciplinary actions involving 
physical or mental illness or impairment.
    In instances in which the Secretary immediately suspends a 
person's license under this Section, a hearing on that person's 
license must be convened by the Department within 15 days after 
the suspension and completed without appreciable delay. The 
Department shall have the authority to review the subject 
individual's record of treatment and counseling regarding the 
impairment to the extent permitted by applicable federal 
statutes and regulations safeguarding the confidentiality of 
medical records.
    An individual licensed under this Code and affected under 
this Section shall be afforded an opportunity to demonstrate to 
the Department that he or she can resume practice in compliance 
with acceptable and prevailing standards under the provisions 
of his or her license. 
(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
 
    Section 10. The Illinois Roofing Industry Licensing Act is 
amended  by changing Section 9.1 and  by adding Section 7.1 as 
follows:
 
    (225 ILCS 335/7.1 new)
    Sec. 7.1. Applicant convictions. 
    (a) When reviewing a conviction by plea of guilty or nolo 
contendere, finding of guilt, jury verdict, or entry of 
judgment or by sentencing of an initial applicant, the 
Department may only deny a license based upon consideration of 
mitigating factors provided in subsection (c) of this Section 
for a felony directly related to the practice of roofing 
contracting.
    (b) The following crimes or similar offenses in any other 
jurisdiction are hereby deemed directly related to the practice 
of roofing contracting:
        (1) first degree murder;
        (2) second degree murder;
        (3) drug induced homicide;
        (4) unlawful restraint;
        (5) aggravated unlawful restraint;
        (6) forcible detention;
        (7) involuntary servitude;
        (8) involuntary sexual servitude of a minor;
        (9) predatory criminal sexual assault of a child;
        (10) aggravated criminal sexual assault;
        (11) criminal sexual assault;
        (12) criminal sexual abuse;
        (13) aggravated kidnaping;
        (14) aggravated robbery;
        (15) armed robbery;
        (16) kidnapping;
        (17) aggravated battery;
        (18) aggravated vehicular hijacking;
        (19) home invasion;
        (20) terrorism;
        (21) causing a catastrophe;
        (22) possession of a deadly substance;
        (23) making a terrorist threat;
        (24) material support for terrorism;
        (25) hindering prosecution of terrorism;
        (26) armed violence;
        (27) any felony based on consumer fraud or deceptive 
    business practices under the Consumer Fraud and Deceptive 
    Business Practices Act;
        (28) any felony requiring registration as a sex 
    offender under the Sex Offender Registration Act;
        (29) attempt of any the offenses set forth in 
    paragraphs (1) through (28) of this subsection (b); and
        (30) convictions set forth in subsection (e) of Section 
    5 or Section 9.8 of this Act.
    (c) The Department shall consider any mitigating factors 
contained in the record, when determining the appropriate 
disciplinary sanction, if any, to be imposed.  In addition to 
those set forth in Section 2105-130 of the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois, mitigating factors shall include the following:
        (1) the bearing, if any, the criminal offense or 
    offenses for which the person was previously convicted will 
    have on his or her fitness or ability to perform one or 
    more such duties and responsibilities;
        (2) the time that has elapsed since the criminal 
    conviction; and
        (3) the age of the person at the time of the criminal 
    conviction.
    (d) The Department shall issue an annual report by January 
31, 2018 and by January 31 each year thereafter, indicating the 
following:
        (1) the number of initial applicants for a license 
    under this Act within the preceding calendar year;
        (2) the number of initial applicants for a license 
    under this Act within the previous calendar year who had a 
    conviction;
        (3) the number of applicants with a conviction who were 
    granted a license under this Act within the previous year;
        (4) the number of applicants denied a license under 
    this Act within the preceding calendar year; and
        (5) the number of applicants denied a license under 
    this Act solely on the basis of a conviction within the 
    preceding calendar year.
    (e) Nothing in this Section shall prevent the Department 
taking disciplinary or non-disciplinary action against a 
license as set forth in Section 9.1 of this Act. 
 
    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 9.1. Grounds for disciplinary action. 
    (1) The Department may refuse
to issue or to renew, or may 
revoke, suspend, place on probation, reprimand
or take other 
disciplinary or non-disciplinary action as the Department may 
deem proper,
including fines not to exceed $10,000 for each 
violation, with regard to any
license for any one or 
combination of the following:
        (a) violation of this Act or its rules;
        (b) for licensees, conviction or plea of guilty or nolo 
    contendere, finding of guilt, jury verdict, or entry of 
    judgment or sentencing of any crime, including, but not 
    limited to,  convictions, preceding sentences of 
    supervision, conditional discharge, or first offender 
    probation, under the laws of any jurisdiction of the United 
    States that is (i) a felony or (ii) a misdemeanor, an 
    essential element
of which is dishonesty or that is


    directly related to the
practice of the profession and, for 
    initial applicants, convictions set forth in Section 7.1 of 
    this Act; 
        (c) fraud or any misrepresentation in applying for or 
    procuring a license under this Act, or in connection with 
    applying for renewal of a license under this Act;
        (d) professional incompetence or gross negligence in 
    the practice of
roofing contracting, prima facie evidence 
    of which may be a conviction or judgment in any court of 
    competent jurisdiction against an applicant or licensee 
    relating to the practice of roofing contracting or the 
    construction of a roof or repair thereof that results in 
    leakage within 90 days after the completion of such work;
        (e) (blank);
        (f) aiding or assisting another person in violating any 
    provision of
this Act or rules;
        (g) failing, within 60 days, to provide information in 
    response to a
written request made by the Department;
        (h) engaging in dishonorable, unethical, or 
    unprofessional conduct of a
character likely to deceive, 
    defraud, or harm the public;
        (i) habitual or excessive use or abuse of controlled 
    substances, as defined by the Illinois Controlled 
    Substances Act, alcohol, or any other substance that 
    results in the
inability to practice with reasonable 
    judgment, skill, or safety;
        (j) discipline by another state, unit of government, or 
    government agency, the District of Columbia, a territory, 
    or a foreign nation, if at
least one of the grounds for the 
    discipline is the same or substantially
equivalent to those 
    set forth in this Section;
        (k) directly or indirectly giving to or receiving from 
    any person, firm,
corporation, partnership, or association 
    any fee, commission, rebate, or
other form of compensation 
    for any professional services not actually or
personally 
    rendered;
        (l) a finding by the Department that the licensee, 
    after having his
or her license disciplined, has violated 
    the terms of the discipline;
        (m) a finding by any court of competent jurisdiction, 
    either within or
without this State, of any violation of 
    any law governing the practice of
roofing contracting, if 
    the Department determines, after investigation,
that such 
    person has not been sufficiently rehabilitated to warrant 
    the
public trust;
        (n) willfully making or filing false records or reports 
    in the practice of roofing contracting, including, but not 
    limited to, false records filed with the State agencies or 
    departments;
        (o) practicing, attempting to practice, or advertising 
    under
a name
other than the
full name as shown on the 
    license or any other legally authorized name;
        (p) gross and willful overcharging for professional 
    services including
filing false statements for collection 
    of fees or monies for which services
are not rendered;
        (q) (blank);
        (r) (blank);
        (s) failure to continue to meet the requirements of 
    this Act shall be
deemed a violation;
        (t) physical or mental disability, including 
    deterioration through the
aging process or loss of 
    abilities and skills that result in an inability to

    practice the profession with reasonable judgment, skill, 
    or safety;
        (u) material misstatement in furnishing information to 
    the Department or
to
any other State agency;
        (v) (blank);
        (w) advertising in any manner that is false, 
    misleading, or deceptive;
        (x) taking undue advantage of a customer, which results 
    in the perpetration of a fraud;
        (y) performing any act or practice that is a violation 
    of the Consumer Fraud and Deceptive Business Practices Act;
        (z) engaging in the practice of roofing contracting, as 
    defined in this Act, with a suspended, revoked, or 
    cancelled license;
        (aa) treating any person differently to the person's 
    detriment because of race, color, creed, gender, age, 
    religion, or national origin;
        (bb) knowingly making any false statement, oral, 
    written, or otherwise, of a character likely to influence, 
    persuade, or induce others in the course of obtaining or 
    performing roofing contracting services;
        (cc) violation of any final administrative action of 
    the Secretary;

        (dd) allowing the use of his or her roofing license by 
    an unlicensed roofing contractor for the purposes of 
    providing roofing or waterproofing services; or
        (ee) (blank);
        (ff) cheating or attempting to subvert a licensing 
    examination administered under this Act; or
        (gg) use of a license to permit or enable an unlicensed 
    person to provide roofing contractor services.
    (2) The determination by a circuit court that a license 
holder is subject to involuntary admission or judicial 
admission, as provided in the Mental Health and Developmental 
Disabilities Code, operates as an automatic suspension. Such 
suspension will end only upon a finding by a court that the 
patient is no longer subject to involuntary admission or 
judicial admission, an order by the court so finding and 
discharging the patient, and the recommendation of the Board to 
the Director that the license holder be allowed to resume his 
or her practice.
    (3) The Department may refuse to issue or take disciplinary 
action concerning the license of any person who fails to file a 
return, to pay the tax, penalty, or interest shown in a filed 
return, or to pay any final assessment of tax, penalty, or 
interest as required by any tax Act administered by the 
Department of Revenue, until such time as the requirements of 
any such tax Act are satisfied as determined by the Department 
of Revenue.
    (4) In enforcing this Section, the Department, upon a 
showing of a possible violation, may compel any individual who 
is licensed under this Act or any individual who has applied 
for licensure to submit to a mental or physical examination or 
evaluation, or both, which may include a substance abuse or 
sexual offender evaluation, at the expense of the Department. 
The Department shall specifically designate the examining 
physician licensed to practice medicine in all of its branches 
or, if applicable, the multidisciplinary team involved in 
providing the mental or physical examination and evaluation. 
The multidisciplinary team shall be led by a physician licensed 
to practice medicine in all of its branches and may consist of 
one or more or a combination of physicians licensed to practice 
medicine in all of its branches, licensed chiropractic 
physicians, licensed clinical psychologists, licensed clinical 
social workers, licensed clinical professional counselors, and 
other professional and administrative staff. Any examining 
physician or member of the multidisciplinary team may require 
any person ordered to submit to an examination and evaluation 
pursuant to this Section to submit to any additional 
supplemental testing deemed necessary to complete any 
examination or evaluation process, including, but not limited 
to, blood testing, urinalysis, psychological testing, or 
neuropsychological testing.
    (5) The Department may order the examining physician or any 
member of the multidisciplinary team to provide to the 
Department any and all records, including business records, 
that relate to the examination and evaluation, including any 
supplemental testing performed. The Department may order the 
examining physician or any member of the multidisciplinary team 
to present testimony concerning this examination and 
evaluation of the licensee or applicant, including testimony 
concerning any supplemental testing or documents relating to 
the examination and evaluation. No information, report, 
record, or other documents in any way related to the 
examination and evaluation shall be excluded by reason of any 
common law or statutory privilege relating to communication 
between the licensee or applicant and the examining physician 
or any member of the multidisciplinary team. No authorization 
is necessary from the licensee or applicant ordered to undergo 
an evaluation and examination for the examining physician or 
any member of the multidisciplinary team to provide 
information, reports, records, or other documents or to provide 
any testimony regarding the examination and evaluation. The 
individual to be examined may have, at his or her own expense, 
another physician of his or her choice present during all 
aspects of the examination.
    (6) Failure of any individual to submit to mental or 
physical examination or evaluation, or both, when directed, 
shall result in an automatic suspension without hearing until 
such time as the individual submits to the examination. If the 
Department finds a licensee unable to practice because of the 
reasons set forth in this Section, the Department shall require 
the licensee to submit to care, counseling, or treatment by 
physicians approved or designated by the Department as a 
condition for continued, reinstated, or renewed licensure.
    (7) When the Secretary immediately suspends a license under 
this Section, a hearing upon such person's license must be 
convened by the Department within 15 days after the suspension 
and completed without appreciable delay. The Department shall 
have the authority to review the licensee's record of treatment 
and counseling regarding the impairment to the extent permitted 
by applicable federal statutes and regulations safeguarding 
the confidentiality of medical records.
    (8) Licensees affected under this Section shall be afforded 
an opportunity to demonstrate to the Department that they can 
resume practice in compliance with acceptable and prevailing 
standards under the provisions of their license.
    (9) The Department shall deny a license or renewal 
authorized by this Act to a person who has defaulted on an 
educational loan or scholarship provided or guaranteed by the 
Illinois Student Assistance Commission or any governmental 
agency of this State in accordance with paragraph (5) of 
subsection (a) of Section 2105-15 of the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois.
    (10) In cases where the Department of Healthcare and Family 
Services has previously determined a licensee or a potential 
licensee is more than 30 days delinquent in the payment of 
child support and has subsequently certified the delinquency to 
the Department, the Department may refuse to issue or renew or 
may revoke or suspend that person's license or may take other 
disciplinary action against that person based solely upon the 
certification of delinquency made by the Department of 
Healthcare and Family Services in accordance with paragraph (5) 
of subsection (a) of Section 2105-15 of the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois. 
    The changes to this Act made by this amendatory Act of 1997 
apply only
to disciplinary actions relating to events occurring 
after the effective date
of
this amendatory Act of 1997.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    Section 15. The Barber, Cosmetology, Esthetics, Hair 
Braiding, and Nail
Technology Act of 1985 is amended  by 
changing Section 4-7 and  by adding Section 4-6.1 as follows:
 
    (225 ILCS 410/4-6.1 new)
    Sec. 4-6.1. Applicant convictions. 
    (a) When reviewing a conviction by plea of guilty or nolo 
contendere, finding of guilt, jury verdict, or entry of 
judgment or by sentencing of an initial applicant, the 
Department may only deny a license based upon consideration of 
mitigating factors provided in subsection (c) of this Section 
for a felony directly related to the practice of cosmetology, 
esthetics, hair braiding, nail technology, and barbering.
    (b) The following crimes or similar offenses in any other 
jurisdiction are hereby deemed directly related to the practice 
of cosmetology, esthetics, hair braiding, nail technology, and 
barbering:
        (1) first degree murder;
        (2) second degree murder;
        (3) drug induced homicide;
        (4) unlawful restraint;
        (5) aggravated unlawful restraint;
        (6) forcible detention;
        (7) involuntary servitude;
        (8) involuntary sexual servitude of a minor;
        (9) predatory criminal sexual assault of a child;
        (10) aggravated criminal sexual assault;
        (11) criminal sexual assault;
        (12) criminal sexual abuse;
        (13) aggravated kidnaping;
        (14) aggravated robbery;
        (15) armed robbery;
        (16) kidnapping;
        (17) aggravated battery;
        (18) aggravated vehicular hijacking;
        (19) terrorism;
        (20) causing a catastrophe;
        (21) possession of a deadly substance;
        (22) making a terrorist threat;
        (23) material support for terrorism;
        (24) hindering prosecution of terrorism;
        (25) armed violence;
        (26) any felony based on consumer fraud or deceptive 
    business practices under the Consumer Fraud and Deceptive 
    Business Practices Act;
        (27) any felony requiring registration as a sex 
    offender under the Sex Offender Registration Act;
        (28) attempt of any the offenses set forth in 
    paragraphs (1) through (27) of this subsection (b); and
        (29) convictions set forth in Section 4-20 of this Act.
    (c) The Department shall consider any mitigating factors 
contained in the record, when determining the appropriate 
disciplinary sanction, if any, to be imposed.  In addition to 
those set forth in Section 2105-130 of the Department of 
Professional Regulation Law of the Civil Administrative Code of 
Illinois, mitigating factors shall include the following:
        (1) the bearing, if any, the criminal offense or 
    offenses for which the person was previously convicted will 
    have on his or her fitness or ability to perform one or 
    more such duties and responsibilities;
        (2) the time that has elapsed since the criminal 
    conviction; and
        (3) the age of the person at the time of the criminal 
    conviction.
    (d) The Department shall issue an annual report by January 
31, 2018 and by January 31 each year thereafter, indicating the 
following:
        (1) the number of initial applicants for a license 
    under this Act within the preceding calendar year;
        (2) the number of initial applicants for a license 
    under this Act within the previous calendar year who had a 
    conviction;
        (3) the number of applicants with a conviction who were 
    granted a license under this Act within the previous year;
        (4) the number of applicants denied a license under 
    this Act within the preceding calendar year; and
        (5) the number of applicants denied a license under 
    this Act solely on the basis of a conviction within the 
    preceding calendar year.
    (e) Nothing in this Section shall prevent the Department 
taking disciplinary or non-disciplinary action against a 
license as set forth in paragraph (2) of subsection (1) of 
Section 4-7 of this Act. 
 


    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)




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

    Sec. 4-7. Refusal, suspension and revocation of licenses; 
causes;
disciplinary action.
    (1) The Department may refuse to issue or renew, and
may 
suspend, revoke, place on probation, reprimand or take any 
other
disciplinary or non-disciplinary action as the 
Department may deem proper, including civil
penalties not to 
exceed $500 for each violation, with regard to any
license for 
any one, or any combination, of
the
following causes:

        a. For licensees, conviction Conviction of any crime

    under the laws of the United States or any state or 
    territory thereof that
is (i) a felony, (ii) a misdemeanor, 
    an essential element
of which is dishonesty, or (iii) a 
    crime which is related to the practice of
the profession 
    and, for initial applicants, convictions set forth in 
    Section 4-6.1 of this Act. 

        b. Conviction of any of the  violations listed in

    Section 4-20.

        c. Material misstatement in furnishing information to 
    the Department.

        d. Making any misrepresentation for the purpose of 
    obtaining
a license or violating any provision of this Act 
    or its rules.  

        e. Aiding or assisting another person in violating any 
    provision of this
Act or its rules.

        f. Failing, within 60 days, to provide information in 
    response to a
written request made by the Department.

        g. Discipline by another state, territory, or country 
    if at least one of
the grounds for the discipline is the 
    same as or substantially equivalent to
those set forth in 
    this Act.

        h. Practice in the barber, nail technology, esthetics, 
    hair braiding, or
cosmetology profession, or an attempt to 
    practice in those professions, by
fraudulent 
    misrepresentation.

        i. Gross malpractice or gross incompetency.

        j. Continued practice by a person knowingly having an

    infectious
or contagious disease.

        k. Solicitation of professional services by using 
    false or
misleading advertising.

        l. A finding by the Department that the licensee, after 
    having his or
her license placed on probationary status, 
    has violated the terms of
probation.

        m. Directly or indirectly giving to or receiving from 
    any person, firm,
corporation, partnership or association 
    any fee, commission, rebate, or other
form of compensation 
    for any professional services not actually or personally

    rendered.

        n. Violating any of the provisions of this Act or rules 
    adopted
pursuant to this Act.

        o. Willfully making or filing false records or reports 
    relating to a
licensee's practice, including but not 
    limited to, false records filed with
State agencies or 
    departments.

        p. Habitual or excessive use
or addiction to alcohol, 
    narcotics, stimulants, or any other chemical agent or
drug 
    that results in the inability to practice with reasonable 
    judgment, skill
or safety.

        q. Engaging in dishonorable, unethical or 
    unprofessional conduct of a character likely to deceive,

    defraud, or harm the public as may be defined by rules of 
    the Department, or
violating
the rules of professional 
    conduct which may be adopted by the Department.

        r. Permitting any person to use for any unlawful or 
    fraudulent
purpose one's diploma or license or certificate 
    of registration as a
cosmetologist, nail technician, 
    esthetician, hair braider, or barber or cosmetology,
nail 
    technology, esthetics, hair braiding, or barber teacher or 
    salon or shop or
cosmetology clinic teacher.

        s. Being named as a perpetrator in an indicated report 
    by the Department
of Children and Family Services under the 
    Abused and Neglected Child Reporting
Act and upon proof by 
    clear and convincing evidence that the licensee has
caused 
    a child to be an abused child or neglected child as defined 
    in the
Abused and Neglected Child Reporting Act.

        t. Operating a salon or shop without a valid 
    registration. 
        u. Failure to complete required continuing education 
    hours. 
    (2) In rendering an order, the Secretary shall take into

consideration the facts and circumstances involving the type of 
acts
or omissions in paragraph (1) of this Section including, 
but not limited to:

        (a) the extent to which public confidence in the 
    cosmetology, nail
technology, esthetics, hair braiding, or 
    barbering profession was, might have been, or may be,

    injured;

        (b) the degree of trust and dependence among the 
    involved parties;

        (c) the character and degree of harm which did result 
    or might
have resulted;

        (d) the intent or mental state of the licensee at the

    time of the acts or omissions.

    (3) The Department may reissue the license or registration 
upon
certification by the Board that the disciplined licensee 
or registrant
has complied with all of the terms and conditions 
set forth in the final
order or has been sufficiently 
rehabilitated to warrant the public trust.

    (4) The Department shall refuse to issue or renew or 
suspend without hearing the license or
certificate of 
registration
of any person who fails to file a return, or to 
pay the tax, penalty or
interest shown in a filed return, or to 
pay any final assessment of tax,
penalty or interest, as 
required by any tax Act administered by the
Illinois Department 
of Revenue, until such time as the requirements of any
such tax 
Act are satisfied as determined by the Department of Revenue.

    (5) The Department shall deny without hearing any 
application for a
license or renewal of a license under this 
Act by a person who has defaulted on
an educational loan 
guaranteed by the Illinois Student Assistance Commission;

however, the Department may issue or renew a license if the 
person in default
has established a satisfactory repayment 
record as determined by the Illinois
Student Assistance 
Commission.

    (6) All fines imposed under this Section shall be paid 
within 60 days after the effective date of the order imposing 
the fine or in accordance with the terms set forth in the order 
imposing the fine. 
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)

 

    Section 99. Effective date. This Act takes effect January 
1, 2017.