Sen. William R. Haine
Filed: 5/14/2014
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1 | AMENDMENT TO SENATE BILL 232
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2 | AMENDMENT NO. ______. Amend Senate Bill 232 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | adding Sections 2105-130 and 2105-135 as follows: | ||||||
7 | (20 ILCS 2105/2105-130 new) | ||||||
8 | Sec. 2105-130. Determination of disciplinary sanctions. | ||||||
9 | (a) Following disciplinary proceedings as authorized in | ||||||
10 | any licensing Act administered by the Department, upon a | ||||||
11 | finding by the Department that a person has committed a | ||||||
12 | violation of the licensing Act with regard to licenses, | ||||||
13 | certificates, or authorities of persons exercising the | ||||||
14 | respective professions, trades, or occupations, the Department | ||||||
15 | may revoke, suspend, refuse to renew, place on probationary | ||||||
16 | status, fine, or take any other disciplinary action as |
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1 | authorized in the licensing Act with regard to those licenses, | ||||||
2 | certificates, or authorities. When making a determination of | ||||||
3 | the appropriate disciplinary sanction to be imposed, the | ||||||
4 | Department shall consider only evidence contained in the | ||||||
5 | record. The Department shall consider any aggravating or | ||||||
6 | mitigating factors contained in the record when determining the | ||||||
7 | appropriate disciplinary sanction to be imposed. | ||||||
8 | (b) When making a determination of the appropriate | ||||||
9 | disciplinary sanction to be imposed, the Department shall | ||||||
10 | consider, but is not limited to, the following aggravating | ||||||
11 | factors contained in the record: | ||||||
12 | (1) the seriousness of the offenses; | ||||||
13 | (2) the presence of multiple offenses; | ||||||
14 | (3) prior disciplinary history, including actions | ||||||
15 | taken by other agencies in this State, by other states or | ||||||
16 | jurisdictions, hospitals, health care facilities, | ||||||
17 | residency programs, employers, or professional liability | ||||||
18 | insurance companies or by any of the armed forces of the | ||||||
19 | United States or any state; | ||||||
20 | (4) the impact of the offenses on any injured party; | ||||||
21 | (5) the vulnerability of any injured party, including, | ||||||
22 | but not limited to, consideration of the injured party's | ||||||
23 | age, disability, or mental illness; | ||||||
24 | (6) the motive for the offenses; | ||||||
25 | (7) the lack of contrition for the offenses; | ||||||
26 | (8) financial gain as a result of committing the |
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1 | offenses; and | ||||||
2 | (9) the lack of cooperation with the Department or | ||||||
3 | other investigative authorities. | ||||||
4 | (c) When making a determination of the appropriate | ||||||
5 | disciplinary sanction to be imposed, the Department shall | ||||||
6 | consider, but is not limited to, the following mitigating | ||||||
7 | factors contained in the record: | ||||||
8 | (1) the lack of prior disciplinary action by the | ||||||
9 | Department or by other agencies in this State, by other | ||||||
10 | states or jurisdictions, hospitals, health care | ||||||
11 | facilities, residency programs, employers, insurance | ||||||
12 | providers, or by any of the armed forces of the United | ||||||
13 | States or any state; | ||||||
14 | (2) contrition for the offenses; | ||||||
15 | (3) cooperation with the Department or other | ||||||
16 | investigative authorities; | ||||||
17 | (4) restitution to injured parties; | ||||||
18 | (5) whether the misconduct was self-reported; and | ||||||
19 | (6) any voluntary remedial actions taken. | ||||||
20 | (20 ILCS 2105/2105-135 new) | ||||||
21 | Sec. 2105-135. Qualification for licensure or | ||||||
22 | registration; good moral character. The practice of | ||||||
23 | professions licensed or registered by the Department is hereby | ||||||
24 | declared to affect the public health, safety, and welfare and | ||||||
25 | to be subject to regulation and control in the public interest. |
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1 | It is further declared to be a matter of public interest and | ||||||
2 | concern that persons who are licensed or registered to engage | ||||||
3 | in any of the professions licensed or registered by the | ||||||
4 | Department are of good moral character, which shall be a | ||||||
5 | continuing requirement of licensure or registration so as to | ||||||
6 | merit and receive the confidence and trust of the public. Upon | ||||||
7 | a finding by the Department that a person has committed a | ||||||
8 | violation of the disciplinary grounds of any licensing Act | ||||||
9 | administered by the Department with regard to licenses, | ||||||
10 | certificates, or authorities of persons exercising the | ||||||
11 | respective professions, trades, or occupations, the Department | ||||||
12 | is authorized to revoke, suspend, refuse to renew, place on | ||||||
13 | probationary status, fine, or take any other disciplinary | ||||||
14 | action it deems warranted against any licensee or registrant | ||||||
15 | whose conduct violates the continuing requirement of good moral | ||||||
16 | character. ".
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