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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3822 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Identification Act. Requires that applications for certification, registration, and licensure must contain specific language that states that the applicant is not obligated to disclose sealed or expunged records of conviction or arrest and prohibits entities authorized to grant professional licenses, certifications, and registrations from asking if an applicant has had records sealed or expunged. Provides that certain sealed or impounded felony records shall not be disseminated in connection with an application for a professional or business license, registration, or certification, except specified health care worker licenses. Amends various professional licensing Acts with the following changes: Provides that the licensing agency must find that a license applicant has not committed certain acts or has been sufficiently rehabilitated to approve the application. In provisions concerning license denial, nonrenewal, or revocation for conviction of a felony, allows the licensing agency to issue a license with monitoring requirements and provides for an exception if an individual demonstrates to the licensing agency sufficient rehabilitation to warrant the public trust. Provides that the licensing agency shall not require applicants to report certain criminal history information and the licensing agency shall not consider the information. Requires the licensing agency to consider certain mitigating factors and evidence of rehabilitation for license applicants. Requires the licensing agency, upon denial of a license, to provide the applicant certain information concerning the denial. Provides that on May 1 of each year, the licensing agency shall prepare, publicly announce, and publish certain statistical information. Makes other changes. Effective January 1, 2018.
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| | | FISCAL NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Lottery Law is amended by changing |
5 | | Section 10.1 and by adding Section 10.1b as follows:
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6 | | (20 ILCS 1605/10.1) (from Ch. 120, par. 1160.1)
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7 | | Sec. 10.1. The following are ineligible for any license |
8 | | under this Act:
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9 | | (a) any person who has been convicted of a felony who |
10 | | is not sufficiently rehabilitated following the |
11 | | conviction ;
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12 | | (b) any person who is or has been a professional |
13 | | gambler or gambling
promoter;
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14 | | (c) any person who has engaged in bookmaking or other |
15 | | forms of illegal
gambling;
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16 | | (d) any person who is not of good character and |
17 | | reputation in the
community in which he resides;
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18 | | (e) any person who has been found guilty of any fraud |
19 | | or
misrepresentation in any connection;
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20 | | (f) any firm or corporation in which a person defined |
21 | | in (a), (b), (c),
(d) or (e) has a proprietary, equitable |
22 | | or credit interest of 5% or more.
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23 | | (g) any organization in which a person defined in (a), |
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1 | | (b), (c), (d) or
(e) is an officer, director, or managing |
2 | | agent, whether compensated or not;
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3 | | (h) any organization in which a person defined in (a), |
4 | | (b), (c), (d), or
(e) is to participate in the management |
5 | | or sales of lottery tickets or
shares.
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6 | | However, with respect to persons defined in (a), the |
7 | | Department may grant
any such person a license under this Act |
8 | | when:
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9 | | (1) a period of 5 years after the conviction or 3 years |
10 | | since release from confinement, whichever is later; 1) at |
11 | | least 10 years have elapsed since the date when the |
12 | | sentence for
the most recent such conviction was |
13 | | satisfactorily completed ;
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14 | | (2) 2) the applicant has no history of criminal |
15 | | activity subsequent to such conviction;
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16 | | (2.5) the applicant completed their sentence |
17 | | successfully and, for applicants serving a term of parole |
18 | | or probation, the applicant's probation or parole officer |
19 | | provides a progress report that documents the applicant's |
20 | | compliance with conditions of supervision; |
21 | | (3) (blank); and 3) the applicant has complied with all |
22 | | conditions of probation, conditional
discharge, |
23 | | supervision, parole or mandatory supervised release; and
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24 | | (4) 4) the applicant presents at least 3 letters of |
25 | | recommendation from responsible
citizens in his community |
26 | | who personally can attest that the character and
attitude |
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1 | | of the applicant indicate that he is unlikely
to commit |
2 | | another crime or the applicant provides other evidence of |
3 | | rehabilitation or rehabilitative effort during or after |
4 | | incarceration, or during or after a term of supervision, |
5 | | including, but not limited to, a certificate of good |
6 | | conduct under Section 5-5.5-25 of the Unified Code of |
7 | | Corrections or a certificate of relief from disabilities |
8 | | under Section 5-5.5-10 of the Unified Code of Corrections .
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9 | | The Department may revoke, without notice or a hearing, the |
10 | | license of
any agent who violates this Act or any rule or |
11 | | regulation promulgated
pursuant to this Act. However, if the |
12 | | Department does revoke a license
without notice and an |
13 | | opportunity for a hearing, the Department shall, by
appropriate |
14 | | notice, afford the person whose license has been revoked an
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15 | | opportunity for a hearing within 30 days after the revocation |
16 | | order has
been issued. As a result of any such hearing, the |
17 | | Department may confirm
its action in revoking the license, or |
18 | | it may order the restoration of such
license.
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19 | | (Source: P.A. 97-464, eff. 10-15-11.)
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20 | | (20 ILCS 1605/10.1b new) |
21 | | Sec. 10.1b. Applicant convictions. |
22 | | (a) It is the affirmative obligation of the Department to |
23 | | demonstrate that a prior conviction would impair the ability of |
24 | | the applicant to engage in the licensed practice. If the |
25 | | Department refuses to issue a license to an applicant, then the |
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1 | | Department shall notify the applicant of the denial in writing |
2 | | with the following included in the notice of denial: |
3 | | (1) a statement about the decision to refuse to issue a |
4 | | license; |
5 | | (2) a list of the convictions that formed the sole or |
6 | | partial basis for the refusal to issue a license; |
7 | | (3) a list of the mitigating evidence presented by the |
8 | | applicant; |
9 | | (4) reasons for refusing to issue a license specific to |
10 | | the evidence presented in mitigation of conviction items |
11 | | that formed the partial or sole basis for the Department's |
12 | | decision; and |
13 | | (5) a summary of the appeal process or the earliest the |
14 | | applicant may reapply for a license, whichever is |
15 | | applicable. |
16 | | (b) No later than May 1 of each year, the Department must |
17 | | prepare, publicly announce, and publish a report of summary |
18 | | statistical information relating to new and renewal license |
19 | | applications during the preceding calendar year. Each report |
20 | | shall show at minimum: |
21 | | (1) the number of applicants for new or renewal license |
22 | | under this Act within the previous calendar year; |
23 | | (2) the number of applicants for new or renewal license |
24 | | under this Act within the previous calendar year who had |
25 | | any criminal conviction; |
26 | | (3) the number of applicants for new or renewal license |
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1 | | under this Act in the previous calendar year who were |
2 | | granted a license; |
3 | | (4) the number of applicants for new or renewal license |
4 | | with a criminal conviction who were granted a license under |
5 | | this Act within the previous calendar year; |
6 | | (5) the number of applicants for new or renewal license |
7 | | under this Act within the previous calendar year who were |
8 | | denied a license; |
9 | | (6) the number of applicants for new or renewal license |
10 | | with a criminal conviction who were denied a license under |
11 | | this Act in the previous calendar year in whole or in part |
12 | | because of a prior conviction; |
13 | | (7) the number of probationary licenses without |
14 | | monitoring issued under this Act in the previous calendar |
15 | | year to applicants with criminal conviction; and |
16 | | (8) the number of probationary licenses with |
17 | | monitoring issued under this Act in the previous calendar |
18 | | year to applicants with criminal conviction. |
19 | | (c) The Department shall not require the applicant to |
20 | | report the following information and shall not consider the |
21 | | following criminal history records in connection with an |
22 | | application for licensure: |
23 | | (1) Juvenile adjudications of delinquent minors as |
24 | | defined in Section 5-105 of the Juvenile Court Act of 1987 |
25 | | subject to the restrictions set forth in Section 5-130 of |
26 | | the Juvenile Court Act of 1987. |
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1 | | (2) Law enforcement records, court records, and |
2 | | conviction records of an individual who was 17 years old at |
3 | | the time of the offense and before January 1, 2014, unless |
4 | | the nature of the offense required the individual to be |
5 | | tried as an adult. |
6 | | (3) Records of arrest not followed by a conviction. |
7 | | (4) Convictions overturned by a higher court. |
8 | | (5) Convictions or arrests that have been sealed or |
9 | | expunged. |
10 | | Section 10. The Criminal Identification Act is amended by |
11 | | changing Sections 12 and 13 as follows:
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12 | | 20 ILCS 2630/12)
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13 | | Sec. 12. Entry of order; effect of expungement or sealing |
14 | | records.
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15 | | (a) Except with respect to law enforcement agencies, the |
16 | | Department of
Corrections, State's Attorneys, or other |
17 | | prosecutors, and as provided in Section 13 of this Act, an |
18 | | expunged or sealed
record may not be considered by any private |
19 | | or
public entity in employment matters, certification, |
20 | | licensing, revocation
of certification or licensure, or |
21 | | registration. Applications for
employment , certification, |
22 | | registration, or licensure must contain specific language |
23 | | which states that the
applicant is not obligated to disclose |
24 | | sealed or expunged records of
conviction or arrest. Employers |
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1 | | and entities authorized to grant professional licenses, |
2 | | certification, or registration may not ask if an applicant has |
3 | | had
records expunged or sealed.
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4 | | (b) A person whose records have been sealed or expunged is |
5 | | not entitled to
remission of any fines, costs, or other money |
6 | | paid as a consequence of
the sealing or expungement. This |
7 | | amendatory Act of the 93rd General
Assembly does not affect the |
8 | | right of the victim of a crime to prosecute
or defend a civil |
9 | | action for damages. Persons engaged in civil litigation
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10 | | involving criminal records that have been sealed may
petition |
11 | | the court to open the records for the limited purpose of using
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12 | | them in the course of litigation.
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13 | | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
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14 | | (20 ILCS 2630/13)
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15 | | Sec. 13. Retention and release of sealed records. |
16 | | (a) The Department of State Police shall retain records |
17 | | sealed under
subsection (c) or (e-5) of Section 5.2 or |
18 | | impounded under subparagraph (B) or (B-5) of paragraph (9) of |
19 | | subsection (d) of Section 5.2 and shall release them only as |
20 | | authorized by this Act. Felony records sealed under subsection |
21 | | (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) |
22 | | or (B-5) of paragraph (9) of subsection (d) of Section 5.2
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23 | | shall be used and
disseminated by the Department only as |
24 | | otherwise specifically required or authorized by a federal or |
25 | | State law, rule, or regulation that requires inquiry into and |
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1 | | release of criminal records, including, but not limited to, |
2 | | subsection (A) of Section 3 of this Act , except these records |
3 | | shall not be used or disseminated in connection with an |
4 | | application for any professional or business licensure, |
5 | | registration, or certification not involving a health care |
6 | | worker position, as defined in the Health Care Worker |
7 | | Self-Referral Act . However, all requests for records that have |
8 | | been expunged, sealed, and impounded and the use of those |
9 | | records are subject to the provisions of Section 2-103 of the |
10 | | Illinois Human Rights Act. Upon
conviction for any offense, the |
11 | | Department of Corrections shall have
access to all sealed |
12 | | records of the Department pertaining to that
individual. |
13 | | (b) Notwithstanding the foregoing, all sealed or impounded |
14 | | records are subject to inspection and use by the court and |
15 | | inspection and use by law enforcement agencies and State's |
16 | | Attorneys or other prosecutors in carrying out the duties of |
17 | | their offices.
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18 | | (c) The sealed or impounded records maintained under |
19 | | subsection (a) are exempt from
disclosure under the Freedom of |
20 | | Information Act. |
21 | | (d) The Department of State Police shall commence the |
22 | | sealing of records of felony arrests and felony convictions |
23 | | pursuant to the provisions of subsection (c) of Section 5.2 of |
24 | | this Act no later than one year from the date that funds have |
25 | | been made available for purposes of establishing the |
26 | | technologies necessary to implement the changes made by this |
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1 | | amendatory Act of the 93rd General Assembly.
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2 | | (Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; |
3 | | 98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
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4 | | Section 15. The Cigarette Tax Act is amended by changing |
5 | | Sections 4, 4b, and 4c and by adding Section 4i as follows:
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6 | | (35 ILCS 130/4) (from Ch. 120, par. 453.4)
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7 | | Sec. 4. Distributor's license. No person may engage in |
8 | | business as a distributor of cigarettes in this
State within |
9 | | the meaning of the first 2 definitions of distributor in
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10 | | Section 1 of this Act without first having obtained a license |
11 | | therefor from
the Department. Application for license shall be |
12 | | made to the Department in
form as furnished and prescribed by |
13 | | the Department. Each applicant for a
license under this Section |
14 | | shall furnish to the Department on the form
signed and verified |
15 | | by the applicant under penalty of perjury the following |
16 | | information:
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17 | | (a) The name and address of the applicant;
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18 | | (b) The address of the location at which the applicant |
19 | | proposes to
engage in business as a distributor of |
20 | | cigarettes in this State;
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21 | | (c) Such other additional information as the |
22 | | Department may lawfully
require by its rules and |
23 | | regulations.
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24 | | The annual license fee payable to the Department for each |
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1 | | distributor's
license shall be $250. The purpose of such annual |
2 | | license fee is to defray
the cost, to the Department, of
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3 | | serializing cigarette tax stamps. Each applicant for license |
4 | | shall pay such
fee to the Department at the time of submitting |
5 | | his application for license
to the Department.
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6 | | Every applicant who is required to procure a distributor's |
7 | | license shall
file with his application a joint and several |
8 | | bond. Such bond shall be
executed to the Department of Revenue, |
9 | | with good and sufficient surety or
sureties residing or |
10 | | licensed to do business within the State of Illinois,
in the |
11 | | amount of $2,500, conditioned upon the true and faithful |
12 | | compliance
by the licensee with all of the provisions of this |
13 | | Act. Such bond, or a
reissue thereof, or a substitute therefor, |
14 | | shall be kept in effect during
the entire period covered by the |
15 | | license. A separate application for
license shall be made, a |
16 | | separate annual license fee paid, and a separate
bond filed, |
17 | | for each place of business at which a person who is required to
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18 | | procure a distributor's license under this Section proposes to |
19 | | engage in
business as a distributor in Illinois under this Act.
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20 | | The following are ineligible to receive a distributor's |
21 | | license under
this Act:
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22 | | (1) a person who is not of good character and |
23 | | reputation in the
community in which he resides ; the |
24 | | Department may consider past conviction of a felony but |
25 | | the conviction shall not operate as an absolute bar to |
26 | | licensure ;
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1 | | (2) a person who has been convicted of a felony |
2 | | under any Federal or
State law, if the Department, |
3 | | after investigation and a hearing and consideration of |
4 | | mitigating factors and evidence of rehabilitation |
5 | | contained in the applicant's record, including those |
6 | | in Section 4i , if
requested by the applicant , |
7 | | determines that such person has not been
sufficiently |
8 | | rehabilitated to warrant the public trust;
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9 | | (3) a corporation, if any officer, manager or |
10 | | director thereof, or any
stockholder or stockholders |
11 | | owning in the aggregate more than 5% of the
stock of |
12 | | such corporation, would not be eligible to receive a |
13 | | license under
this Act for any reason; |
14 | | (4) a person, or any person who owns more than 15 |
15 | | percent of the ownership interests in a person or a |
16 | | related party who: |
17 | | (a) owes, at the time of application, any |
18 | | delinquent cigarette taxes that have been |
19 | | determined by law to be due and unpaid, unless the |
20 | | license applicant has entered into an agreement |
21 | | approved by the Department to pay the amount due; |
22 | | (b) had a license under this Act revoked within |
23 | | the past two years by the Department for misconduct |
24 | | relating to stolen or contraband cigarettes or has |
25 | | been convicted of a State or federal crime, |
26 | | punishable by imprisonment of one year or more, |
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1 | | relating to stolen or contraband cigarettes; |
2 | | (c) manufactures cigarettes, whether in this |
3 | | State or out of this State, and who is neither (i) |
4 | | a participating manufacturer as defined in |
5 | | subsection II(jj) of the "Master Settlement |
6 | | Agreement" as defined in Sections 10 of the Tobacco |
7 | | Products Manufacturers' Escrow Act and the Tobacco |
8 | | Products Manufacturers' Escrow Enforcement Act of |
9 | | 2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii) |
10 | | in full compliance with Tobacco Products |
11 | | Manufacturers' Escrow Act and the Tobacco Products |
12 | | Manufacturers' Escrow Enforcement Act of 2003 (30 |
13 | | ILCS 168/ and 30 ILCS 167/); |
14 | | (d) has been found by the Department, after |
15 | | notice and a hearing, to have imported or caused to |
16 | | be imported into the United States for sale or |
17 | | distribution any cigarette in violation of 19 |
18 | | U.S.C. 1681a; |
19 | | (e) has been found by the Department, after |
20 | | notice and a hearing, to have imported or caused to |
21 | | be imported into the United States for sale or |
22 | | distribution or manufactured for sale or |
23 | | distribution in the United States any cigarette |
24 | | that does not fully comply with the Federal |
25 | | Cigarette Labeling and Advertising Act (15 U.S.C. |
26 | | 1331, et seq.); or |
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1 | | (f) has been found by the Department, after |
2 | | notice and a hearing, to have made a material false |
3 | | statement in the application or has failed to |
4 | | produce records required to be maintained by this |
5 | | Act.
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6 | | The Department, upon receipt of an application, license fee |
7 | | and bond in
proper form, from a person who is eligible to |
8 | | receive a distributor's
license under this Act, shall issue to |
9 | | such applicant a license in form as
prescribed by the |
10 | | Department, which license shall permit the applicant to
which |
11 | | it is issued to engage in business as a distributor at the |
12 | | place
shown in his application. All licenses issued by the |
13 | | Department under this
Act shall be valid for not to exceed one |
14 | | year after issuance unless sooner
revoked, canceled or |
15 | | suspended as provided in this Act. No license issued
under this |
16 | | Act is transferable or assignable. Such license shall be
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17 | | conspicuously displayed in the place of business conducted by |
18 | | the licensee
in Illinois under such license. No distributor |
19 | | licensee acquires any vested interest or compensable property |
20 | | right in a license issued under this Act. |
21 | | A licensed distributor shall notify the Department of any |
22 | | change in the information contained on the application form, |
23 | | including any change in ownership and shall do so within 30 |
24 | | days after any such change.
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25 | | Any person aggrieved by any decision of the Department |
26 | | under this Section
may, within 20 days after notice of the |
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1 | | decision, protest and request a
hearing. Upon receiving a |
2 | | request for a hearing, the Department shall give
notice to the |
3 | | person requesting the hearing of the time and place fixed for |
4 | | the
hearing and shall hold a hearing in conformity with the |
5 | | provisions of this Act
and then issue its final administrative |
6 | | decision in the matter to that person.
In the absence of a |
7 | | protest and request for a hearing within 20 days, the
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8 | | Department's decision shall become final without any further |
9 | | determination
being made or notice given.
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10 | | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
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11 | | (35 ILCS 130/4b) (from Ch. 120, par. 453.4b)
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12 | | Sec. 4b.
(a) The Department may, in its discretion, upon |
13 | | application, issue
permits authorizing the payment of the tax |
14 | | herein imposed by out-of-State
cigarette manufacturers who are |
15 | | not required to be licensed as distributors
of cigarettes in |
16 | | this State, but who elect to qualify under this Act as
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17 | | distributors of cigarettes in this State, and who, to the |
18 | | satisfaction of
the Department, furnish adequate security to |
19 | | insure payment of the tax,
provided that any such permit shall |
20 | | extend only to cigarettes which such
permittee manufacturer |
21 | | places in original packages that are contained
inside a sealed |
22 | | transparent wrapper. Such permits shall be issued without
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23 | | charge in such form as the Department may prescribe and shall |
24 | | not be
transferable or assignable.
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25 | | The following are ineligible to receive a distributor's |
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1 | | permit under
this subsection:
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2 | | (1) a person who is not of good character and |
3 | | reputation in the
community in which he resides ; the |
4 | | Department may consider past conviction of a felony but the |
5 | | conviction shall not operate as an absolute bar to |
6 | | receiving a permit ;
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7 | | (2) a person who has been convicted of a felony under |
8 | | any Federal or
State law, if the Department, after |
9 | | investigation and a hearing and consideration of |
10 | | mitigating factors and evidence of rehabilitation |
11 | | contained in the applicant's record, including those in |
12 | | Section 4i of this Act , if
requested by the applicant, |
13 | | determines that such person has not been
sufficiently |
14 | | rehabilitated to warrant the public trust;
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15 | | (3) a corporation, if any officer, manager or director |
16 | | thereof, or any
stockholder or stockholders owning in the |
17 | | aggregate more than 5% of the
stock of such corporation, |
18 | | would not be eligible to receive a permit under
this Act |
19 | | for any reason.
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20 | | With respect to cigarettes which come within the scope of |
21 | | such a permit
and which any such permittee delivers or causes |
22 | | to be delivered in Illinois
to licensed distributors, such |
23 | | permittee shall remit the tax imposed by this Act at
the times |
24 | | provided for in Section 3 of this Act. Each such remittance
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25 | | shall be accompanied by a return filed with the Department on a |
26 | | form to be
prescribed and furnished by the Department and shall |
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1 | | disclose such
information as the Department may lawfully |
2 | | require. The Department may promulgate rules to require that |
3 | | the permittee's return be accompanied by appropriate |
4 | | computer-generated magnetic media supporting schedule data in |
5 | | the format prescribed by the Department, unless, as provided by |
6 | | rule, the Department grants an exception upon petition of the |
7 | | permittee. Each such return shall
be accompanied by a copy of |
8 | | each invoice rendered by the permittee to any
licensed |
9 | | distributor to whom the permittee delivered cigarettes of the |
10 | | type covered by
the permit (or caused cigarettes of the type |
11 | | covered by the permit to be
delivered) in Illinois during the |
12 | | period covered by such return.
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13 | | Such permit may be suspended, canceled or revoked when, at |
14 | | any time, the
Department considers that the security given is |
15 | | inadequate, or that such
tax can more effectively be collected |
16 | | from distributors located in this
State, or whenever the |
17 | | permittee violates any provision of this Act or any
lawful rule |
18 | | or regulation issued by the Department pursuant to this Act or
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19 | | is determined to be ineligible for a distributor's permit under |
20 | | this Act as
provided in this Section, whenever the permittee |
21 | | shall notify the
Department in writing of his desire to have |
22 | | the permit canceled. The
Department shall have the power, in |
23 | | its discretion, to issue a new permit
after such suspension, |
24 | | cancellation or revocation, except when the person
who would |
25 | | receive the permit is ineligible to receive a distributor's
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26 | | permit under this Act.
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1 | | All permits issued by the Department under this Act shall |
2 | | be valid for
not to exceed one year after issuance unless |
3 | | sooner revoked, canceled or
suspended as in this Act provided.
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4 | | (b) Out-of-state cigarette manufacturers who are not |
5 | | required to be licensed as distributors of cigarettes in this |
6 | | State and who do not elect to obtain approval under subsection |
7 | | 4b(a) to pay the tax imposed by this Act, but who elect to |
8 | | qualify under this Act as distributors of cigarettes in this |
9 | | State for purposes of shipping and delivering unstamped |
10 | | original packages of cigarettes into this State to licensed |
11 | | distributors, shall obtain a permit from the Department. These |
12 | | permits shall be issued without charge in such form as the |
13 | | Department may prescribe and shall not be transferable or |
14 | | assignable. |
15 | | The following are ineligible to receive a distributor's |
16 | | permit under this subsection: |
17 | | (1) a person who is not of good character and |
18 | | reputation in the community in which he or she resides ; the |
19 | | Department may consider past conviction of a felony but the |
20 | | conviction shall not operate as an absolute bar to |
21 | | receiving a permit ; |
22 | | (2) a person who has been convicted of a felony under |
23 | | any federal or State law, if the Department, after |
24 | | investigation and a hearing and consideration of |
25 | | mitigating factors and evidence of rehabilitation |
26 | | contained in the applicant's record, including those set |
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1 | | forth in Section 4i of this Act , if requested by the |
2 | | applicant , determines that the person has not been |
3 | | sufficiently rehabilitated to warrant the public trust; |
4 | | and |
5 | | (3) a corporation, if any officer, manager, or director |
6 | | thereof, or any stockholder or stockholders owning in the |
7 | | aggregate more than 5% of the stock of the corporation, |
8 | | would not be eligible to receive a permit under this Act |
9 | | for any reason. |
10 | | With respect to original packages of cigarettes that such |
11 | | permittee delivers or causes to be delivered in Illinois and |
12 | | distributes to the public for promotional purposes without |
13 | | consideration, the permittee shall pay the tax imposed by this |
14 | | Act by remitting the amount thereof to the Department by the |
15 | | 5th day of each month covering cigarettes shipped or otherwise |
16 | | delivered in Illinois for those purposes during the preceding |
17 | | calendar month. The permittee, before delivering those |
18 | | cigarettes or causing those cigarettes to be delivered in this |
19 | | State, shall evidence his or her obligation to remit the taxes |
20 | | due with respect to those cigarettes by imprinting language to |
21 | | be prescribed by the Department on each original package of |
22 | | cigarettes, in such place thereon and in such manner also to be |
23 | | prescribed by the Department. The imprinted language shall |
24 | | acknowledge the permittee's payment of or liability for the tax |
25 | | imposed by this Act with respect to the distribution of those |
26 | | cigarettes. |
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1 | | With respect to cigarettes that the permittee delivers or |
2 | | causes to be delivered in Illinois to Illinois licensed |
3 | | distributors or distributed to the public for promotional |
4 | | purposes, the permittee shall, by the 5th day of each month, |
5 | | file with the Department, a report covering cigarettes shipped |
6 | | or otherwise delivered in Illinois to licensed distributors or |
7 | | distributed to the public for promotional purposes during the |
8 | | preceding calendar month on a form to be prescribed and |
9 | | furnished by the Department and shall disclose such other |
10 | | information as the Department may lawfully require. The |
11 | | Department may promulgate rules to require that the permittee's |
12 | | report be accompanied by appropriate computer-generated |
13 | | magnetic media supporting schedule data in the format |
14 | | prescribed by the Department, unless, as provided by rule, the |
15 | | Department grants an exception upon petition of the permittee. |
16 | | Each such report shall be accompanied by a copy of each invoice |
17 | | rendered by the permittee to any purchaser to whom the |
18 | | permittee delivered cigarettes of the type covered by the |
19 | | permit (or caused cigarettes of the type covered by the permit |
20 | | to be delivered) in Illinois during the period covered by such |
21 | | report. |
22 | | Such permit may be suspended, canceled, or revoked whenever |
23 | | the permittee violates any provision of this Act or any lawful |
24 | | rule or regulation issued by the Department pursuant to this |
25 | | Act, is determined to be ineligible for a distributor's permit |
26 | | under this Act as provided in this Section, or notifies the |
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1 | | Department in writing of his or her desire to have the permit |
2 | | canceled. The Department shall have the power, in its |
3 | | discretion, to issue a new permit after such suspension, |
4 | | cancellation, or revocation, except when the person who would |
5 | | receive the permit is ineligible to receive a distributor's |
6 | | permit under this Act. |
7 | | All permits issued by the Department under this Act shall |
8 | | be valid for a period not to exceed one year after issuance |
9 | | unless sooner revoked, canceled, or suspended as provided in |
10 | | this Act. |
11 | | (Source: P.A. 96-782, eff. 1-1-10.)
|
12 | | (35 ILCS 130/4c) |
13 | | Sec. 4c. Secondary distributor's license. No person may |
14 | | engage in business as a secondary distributor of cigarettes in |
15 | | this State without first having obtained a license therefor |
16 | | from the Department. Application for license shall be made to |
17 | | the Department on a form as furnished and prescribed by the |
18 | | Department. Each applicant for a license under this Section |
19 | | shall furnish the following information to the Department on a |
20 | | form signed and verified by the applicant under penalty of |
21 | | perjury: |
22 | | (1) the name and address of the applicant; |
23 | | (2) the address of the location at which the applicant |
24 | | proposes to engage in business as a secondary distributor |
25 | | of cigarettes in this State; and |
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1 | | (3) such other additional information as the |
2 | | Department may reasonably require. |
3 | | The annual license fee payable to the Department for each |
4 | | secondary distributor's license shall be $250. Each applicant |
5 | | for a license shall pay such fee to the Department at the time |
6 | | of submitting an application for license to the Department. |
7 | | A separate application for license shall be made and |
8 | | separate annual license fee paid for each place of business at |
9 | | which a person who is required to procure a secondary |
10 | | distributor's license under this Section proposes to engage in |
11 | | business as a secondary distributor in Illinois under this Act. |
12 | | The following are ineligible to receive a secondary |
13 | | distributor's license under this Act: |
14 | | (1) a person who is not of good character and |
15 | | reputation in the community in which he resides ; the |
16 | | Department may consider past conviction of a felony but the |
17 | | conviction shall not operate as an absolute bar to |
18 | | receiving a permit ; |
19 | | (2) a person who has been convicted of a felony under |
20 | | any federal or State law, if the Department, after |
21 | | investigation and a hearing and consideration of the |
22 | | mitigating factors provided in subsection (b) of Section 4i |
23 | | of this Act , if requested by the applicant, determines that |
24 | | such person has not been sufficiently rehabilitated to |
25 | | warrant the public trust; |
26 | | (3) a corporation, if any officer, manager, or director |
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1 | | thereof, or any stockholder or stockholders owning in the |
2 | | aggregate more than 5% of the stock of such corporation, |
3 | | would not be eligible to receive a license under this Act |
4 | | for any reason; |
5 | | (4) a person who manufactures cigarettes, whether in |
6 | | this State or out of this State; |
7 | | (5) a person, or any person who owns more than 15% of |
8 | | the ownership interests in a person or a related party who: |
9 | | (A) owes, at the time of application, any |
10 | | delinquent cigarette taxes that have been determined |
11 | | by law to be due and unpaid, unless the license |
12 | | applicant has entered into an agreement approved by the |
13 | | Department to pay the amount due; |
14 | | (B) had a license under this Act revoked within the |
15 | | past two years by the Department or has been convicted |
16 | | of a State or federal crime, punishable by imprisonment |
17 | | of one year or more, relating to stolen or contraband |
18 | | cigarettes; |
19 | | (C) has been found by the Department, after notice |
20 | | and a hearing, to have imported or caused to be |
21 | | imported into the United States for sale or |
22 | | distribution any cigarette in violation of 19 U.S.C. |
23 | | 1681a; |
24 | | (D) has been found by the Department, after notice |
25 | | and a hearing, to have imported or caused to be |
26 | | imported into the United States for sale or |
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1 | | distribution or manufactured for sale or distribution |
2 | | in the United States any cigarette that does not fully |
3 | | comply with the Federal Cigarette Labeling and |
4 | | Advertising Act (15 U.S.C. 1331, et seq.); or |
5 | | (E) has been found by the Department, after notice |
6 | | and a hearing, to have made a material false statement |
7 | | in the application or has failed to produce records |
8 | | required to be maintained by this Act. |
9 | | The Department, upon receipt of an application and license |
10 | | fee from a person who is eligible to receive a secondary |
11 | | distributor's license under this Act, shall issue to such |
12 | | applicant a license in such form as prescribed by the |
13 | | Department. The license shall permit the applicant to which it |
14 | | is issued to engage in business as a secondary distributor at |
15 | | the place shown in his application. All licenses issued by the |
16 | | Department under this Act shall be valid for a period not to |
17 | | exceed one year after issuance unless sooner revoked, canceled, |
18 | | or suspended as provided in this Act. No license issued under |
19 | | this Act is transferable or assignable. Such license shall be |
20 | | conspicuously displayed in the place of business conducted by |
21 | | the licensee in Illinois under such license. No secondary |
22 | | distributor licensee acquires any vested interest or |
23 | | compensable property right in a license issued under this Act. |
24 | | A licensed secondary distributor shall notify the |
25 | | Department of any change in the information contained on the |
26 | | application form, including any change in ownership, and shall |
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1 | | do so within 30 days after any such change. |
2 | | Any person aggrieved by any decision of the Department |
3 | | under this Section may, within 20 days after notice of the |
4 | | decision, protest and request a hearing. Upon receiving a |
5 | | request for a hearing, the Department shall give notice to the |
6 | | person requesting the hearing of the time and place fixed for |
7 | | the hearing and shall hold a hearing in conformity with the |
8 | | provisions of this Act and then issue its final administrative |
9 | | decision in the matter to that person. In the absence of a |
10 | | protest and request for a hearing within 20 days, the |
11 | | Department's decision shall become final without any further |
12 | | determination being made or notice given.
|
13 | | (Source: P.A. 96-1027, eff. 7-12-10.) |
14 | | (35 ILCS 130/4i new) |
15 | | Sec. 4i. Applicant convictions. |
16 | | (a) The Department shall not require applicants to report |
17 | | the following information and shall not consider the following |
18 | | criminal history records in connection with an application for |
19 | | a license or permit under this Act: |
20 | | (1) Juvenile adjudications of delinquent minors as |
21 | | defined in Section 5-105 of the Juvenile Court Act of 1987 |
22 | | subject to the restrictions set forth in Section 5-130 of |
23 | | the Juvenile Court Act of 1987. |
24 | | (2) Law enforcement, court records, and conviction |
25 | | records of an individual who was 17 years old at the time |
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1 | | of the offense and before January 1, 2014, unless the |
2 | | nature of the offense required the individual to be tried |
3 | | as an adult. |
4 | | (3) Records of arrest not followed by a conviction. |
5 | | (4) Convictions overturned by a higher court. |
6 | | (5) Convictions or arrests that have been sealed or |
7 | | expunged. |
8 | | (b) When determining whether to grant a license or permit |
9 | | to an applicant with a prior conviction of a felony, the |
10 | | Department shall consider any evidence of rehabilitation and |
11 | | mitigating factors contained in the applicant's record |
12 | | including any of the following: |
13 | | (1) the lack of direct relation of the offense for |
14 | | which the applicant was previously convicted to the duties, |
15 | | functions, and responsibilities of the position for which a |
16 | | license or permit is sought; |
17 | | (2) whether 5 years since a felony conviction or 3 |
18 | | years since release from confinement for the conviction, |
19 | | whichever is later, have passed without a subsequent |
20 | | conviction; |
21 | | (3) if the applicant was previously licensed or |
22 | | employed in this State or other state or jurisdictions, |
23 | | then the lack of prior misconduct arising from or related |
24 | | to the licensed position or position of employment; |
25 | | (4) the age of the person at the time of the criminal |
26 | | offense; |
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1 | | (5) successful completion of sentence and, for |
2 | | applicants serving a term of parole or probation, a |
3 | | progress report provided by the applicant's probation or |
4 | | parole officer that documents the applicant's compliance |
5 | | with conditions of supervision; |
6 | | (6) evidence of the applicant's present fitness and |
7 | | professional character; |
8 | | (7) evidence of rehabilitation or rehabilitative |
9 | | effort during or after incarceration, or during or after a |
10 | | term of supervision, including, but not limited to, a |
11 | | certificate of good conduct under Section 5-5.5-25 of the |
12 | | Unified Code of Corrections or a certificate of relief from |
13 | | disabilities under Section 5-5.5-10 of the Unified Code of |
14 | | Corrections; and |
15 | | (8) any other mitigating factors that contribute to the |
16 | | person's potential and current ability to perform the |
17 | | duties and responsibilities of the position for which a |
18 | | license, permit or employment is sought. |
19 | | (c) It is the affirmative obligation of the Department to |
20 | | demonstrate that a prior conviction would impair the ability of |
21 | | the applicant to engage in the practice regulated under this |
22 | | Act. If the Department refuses to issue a license or permit to |
23 | | an applicant, then the Department shall notify the applicant of |
24 | | the denial in writing with the following included in the notice |
25 | | of denial: |
26 | | (1) a statement about the decision to refuse to issue a |
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1 | | license or permit; |
2 | | (2) a list of the conviction items that formed the sole |
3 | | or partial basis for the refusal to issue a license or |
4 | | permit; |
5 | | (3) a list of the mitigating evidence presented by the |
6 | | applicant; |
7 | | (4) reasons for refusing to issue a license or permit |
8 | | specific to the evidence presented in mitigation of |
9 | | conviction items that formed the partial or sole basis for |
10 | | the Department's decision; and |
11 | | (5) a summary of the appeal process or the earliest the |
12 | | applicant may reapply for a license or permit, whichever is |
13 | | applicable. |
14 | | (d) No later than May 1 of each year, the Department must |
15 | | prepare, publicly announce, and publish a report of summary |
16 | | statistical information relating to new and renewal license or |
17 | | permit applications during the preceding calendar year. Each |
18 | | report shall show at minimum: |
19 | | (1) the number of applicants for new or renewal license |
20 | | or permit under this Act within the previous calendar year; |
21 | | (2) the number of applicants for new or renewal license |
22 | | or permit under this Act within the previous calendar year |
23 | | who had any criminal conviction; |
24 | | (3) the number of applicants for new or renewal license |
25 | | or permit under this Act in the previous calendar year who |
26 | | were granted a license or permit; |
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1 | | (4) the number of applicants for new or renewal license |
2 | | or permit with a criminal conviction who were granted a |
3 | | license or permit under this Act within the previous |
4 | | calendar year; |
5 | | (5) the number of applicants for new or renewal license |
6 | | or permit under this Act within the previous calendar year |
7 | | who were denied a license or permit; |
8 | | (6) the number of applicants for new or renewal license |
9 | | or permit with a criminal conviction who were denied a |
10 | | license or permit under this Act in the previous calendar |
11 | | year in whole or in part because of a prior conviction; |
12 | | (7) the number of probationary licenses or permits |
13 | | without monitoring issued under this Act in the previous |
14 | | calendar year to applicants with criminal conviction; and |
15 | | (8) the number of probationary licenses or permits with |
16 | | monitoring issued under this Act in the previous calendar |
17 | | year to applicants with criminal conviction. |
18 | | Section 20. The Counties Code is amended by changing |
19 | | Section 5-10004 and by adding Section 5-10004a as follows:
|
20 | | (55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
|
21 | | Sec. 5-10004. Qualifications for license. A license to |
22 | | operate
or maintain a dance hall may be issued by the county |
23 | | board to any citizen,
firm or corporation of the State, who
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24 | | (1) Submits a written application for a license, which |
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1 | | application shall
state, and the applicant shall state under |
2 | | oath:
|
3 | | (a) The name, address, and residence of the applicant, |
4 | | and the length of
time he has lived at that residence ; :
|
5 | | (b) The place of birth of the applicant, and if the |
6 | | applicant is a
naturalized citizen, the time and place of |
7 | | such naturalization;
|
8 | | (c) Whether the applicant has a prior felony |
9 | | conviction; and That the applicant has never been convicted |
10 | | of a felony, or of a
misdemeanor punishable under the laws |
11 | | of this State by a minimum
imprisonment of six months or |
12 | | longer.
|
13 | | (d) The location of the place or building where the |
14 | | applicant intends to
operate or maintain the dance hall.
|
15 | | (2) And who establishes:
|
16 | | (a) That he is a person of good moral character; and
|
17 | | (b) that the place or building where the dance hall or |
18 | | road house is to
be operated or maintained, reasonably |
19 | | conforms to all laws, and health and
fire regulations |
20 | | applicable thereto, and is properly ventilated and
|
21 | | supplied with separate and sufficient toilet arrangements |
22 | | for each sex, and
is a safe and proper place or building |
23 | | for a public dance hall or road
house.
|
24 | | (Source: P.A. 86-962.)
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25 | | (55 ILCS 5/5-10004a new) |
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1 | | Sec. 5-10004a. Applicant convictions. |
2 | | (a) Applicants shall not be required to report the |
3 | | following information and the following information shall not |
4 | | be considered in connection with an application for a license |
5 | | under this Act: |
6 | | (1) Juvenile adjudications of delinquent minors, as |
7 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
8 | | subject to the restrictions set forth in Section 5-130 |
9 | | Juvenile Court Act of 1987. |
10 | | (2) Law enforcement, court records, and conviction |
11 | | records of an individual who was 17 years old at the time |
12 | | of the offense and before January 1, 2014, unless the |
13 | | nature of the offense required the individual to be tried |
14 | | as an adult. |
15 | | (3) Records of arrest not followed by a conviction. |
16 | | (4) Convictions overturned by a higher court. |
17 | | (5) Convictions or arrests that have been sealed or |
18 | | expunged. |
19 | | (b) No application for a license under this Division shall |
20 | | be denied by reason of a finding of lack of "good moral |
21 | | character" when the finding is based upon the fact that the |
22 | | applicant has previously been convicted of one or more criminal |
23 | | offenses. |
24 | | (c) When determining whether to grant a license to an |
25 | | applicant with a prior conviction of a felony, the county board |
26 | | shall consider any evidence of rehabilitation and mitigating |
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1 | | factors contained in the applicant's record including any of |
2 | | the following: |
3 | | (1) the lack of direct relation of the offense for |
4 | | which the applicant was previously convicted to the duties, |
5 | | functions, and responsibilities of the position for which a |
6 | | license is sought; |
7 | | (2) whether 5 years since a felony conviction or 3 |
8 | | years since release from confinement for the conviction, |
9 | | whichever is later, have passed without a subsequent |
10 | | conviction; |
11 | | (3) if the applicant was previously licensed or |
12 | | employed in this State or other state or jurisdictions, |
13 | | then the lack of prior misconduct arising from or related |
14 | | to the licensed position or position of employment; |
15 | | (4) the age of the person at the time of the criminal |
16 | | offense; |
17 | | (5) successful completion of sentence and, for |
18 | | applicants serving a term of parole or probation, a |
19 | | progress report provided by the applicant's probation or |
20 | | parole officer that documents the applicant's compliance |
21 | | with conditions of supervision; |
22 | | (6) evidence of the applicant's present fitness and |
23 | | professional character; |
24 | | (7) evidence of rehabilitation or rehabilitative |
25 | | effort during or after incarceration, or during or after a |
26 | | term of supervision, including but not limited to a |
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1 | | certificate of good conduct under Section 5-5.5-25 of the |
2 | | Unified Code of Corrections or a certificate of relief from |
3 | | disabilities under Section 5-5.5-10 of the Unified Code of |
4 | | Corrections; and |
5 | | (8) any other mitigating factors that contribute to the |
6 | | person's potential and current ability to perform the |
7 | | duties and responsibilities of the position for which a |
8 | | license or employment is sought. |
9 | | (d) It is the affirmative obligation of the county board to |
10 | | demonstrate that a prior conviction would impair the ability of |
11 | | the applicant to engage in the practice regulated under this |
12 | | Act. If the county board refuses to issue a license to an |
13 | | applicant, then the county board shall notify the applicant of |
14 | | the denial in writing with the following included in the notice |
15 | | of denial: |
16 | | (1) a statement about the decision to refuse to issue a |
17 | | license; |
18 | | (2) a list of the conviction items that formed the sole |
19 | | or partial basis for the refusal to issue a license; |
20 | | (3) a list of the mitigating evidence presented by the |
21 | | applicant; |
22 | | (4) reasons for refusing to issue a license specific to |
23 | | the evidence presented in mitigation of conviction items |
24 | | that formed the partial or sole basis for the county |
25 | | board's decision; and |
26 | | (5) a summary of the appeal process or the earliest the |
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1 | | applicant may reapply for a license, whichever is |
2 | | applicable. |
3 | | (e) No later than May 1 of each year, the board must |
4 | | prepare, publicly announce, and publish a report of summary |
5 | | statistical information relating to new and renewal license |
6 | | applications during the preceding calendar year. Each report |
7 | | shall show at minimum: |
8 | | (1) the number of applicants for new or renewal license |
9 | | under this Act within the previous calendar year; |
10 | | (2) the number of applicants for new or renewal license |
11 | | under this Act within the previous calendar year who had |
12 | | any criminal conviction; |
13 | | (3) the number of applicants for new or renewal license |
14 | | under this Act in the previous calendar year who were |
15 | | granted a license; |
16 | | (4) the number of applicants for new or renewal license |
17 | | with a criminal conviction who were granted a license under |
18 | | this Act within the previous calendar year; |
19 | | (5) the number of applicants for new or renewal license |
20 | | under this Act within the previous calendar year who were |
21 | | denied a license; |
22 | | (6) the number of applicants for new or renewal license |
23 | | with a criminal conviction who were denied a license under |
24 | | this Act in the previous calendar year in whole or in part |
25 | | because of a prior conviction; |
26 | | (7) the number of probationary licenses without |
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1 | | monitoring issued under this Act in the previous calendar |
2 | | year to applicants with criminal conviction; and |
3 | | (8) the number of probationary licenses with |
4 | | monitoring issued under this Act in the previous calendar |
5 | | year to applicants with criminal conviction. |
6 | | Section 25. The Emergency Medical Services (EMS) Systems |
7 | | Act is amended by changing Section 3.50 and by adding Section |
8 | | 3.51 as follows:
|
9 | | (210 ILCS 50/3.50)
|
10 | | Sec. 3.50. Emergency Medical Services personnel licensure |
11 | | levels.
|
12 | | (a) "Emergency Medical Technician" or
"EMT" means a person |
13 | | who has successfully completed a course in basic life support
|
14 | | as approved by the
Department, is currently licensed by the |
15 | | Department in
accordance with standards prescribed by this Act |
16 | | and rules
adopted by the Department pursuant to this Act, and |
17 | | practices within an EMS
System. A valid Emergency Medical |
18 | | Technician-Basic (EMT-B) license issued under this Act shall |
19 | | continue to be valid and shall be recognized as an Emergency |
20 | | Medical Technician (EMT) license until the Emergency Medical |
21 | | Technician-Basic (EMT-B) license expires.
|
22 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" |
23 | | means a person who has successfully completed a
course in |
24 | | intermediate life support
as approved
by the Department, is |
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1 | | currently licensed by the
Department in accordance with |
2 | | standards prescribed by this
Act and rules adopted by the |
3 | | Department pursuant to this
Act, and practices within an |
4 | | Intermediate or Advanced
Life Support EMS System.
|
5 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" |
6 | | means a person who has successfully completed a course in basic |
7 | | and limited advanced emergency medical care as approved by the |
8 | | Department, is currently licensed by the Department in |
9 | | accordance with standards prescribed by this Act and rules |
10 | | adopted by the Department pursuant to this Act, and practices |
11 | | within an Intermediate or Advanced Life Support EMS System. |
12 | | (c) "Paramedic (EMT-P)" means a person who
has successfully |
13 | | completed a
course in advanced life support care
as approved
by |
14 | | the Department, is licensed by the Department
in accordance |
15 | | with standards prescribed by this Act and
rules adopted by the |
16 | | Department pursuant to this Act, and
practices within an |
17 | | Advanced Life Support EMS System. A valid Emergency Medical |
18 | | Technician-Paramedic (EMT-P) license issued under this Act |
19 | | shall continue to be valid and shall be recognized as a |
20 | | Paramedic license until the Emergency Medical |
21 | | Technician-Paramedic (EMT-P) license expires.
|
22 | | (c-5) "Emergency Medical Responder" or "EMR (First |
23 | | Responder)" means a person who has successfully completed a |
24 | | course in emergency medical response as approved by the |
25 | | Department and provides emergency medical response services |
26 | | prior to the arrival of an ambulance or specialized emergency |
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1 | | medical services vehicle, in accordance with the level of care |
2 | | established by the National EMS Educational Standards |
3 | | Emergency Medical Responder course as modified by the |
4 | | Department. An Emergency Medical Responder who provides |
5 | | services as part of an EMS System response plan shall comply |
6 | | with the applicable sections of the Program Plan, as approved |
7 | | by the Department, of that EMS System. The Department shall |
8 | | have the authority to adopt rules governing the curriculum, |
9 | | practice, and necessary equipment applicable to Emergency |
10 | | Medical Responders. |
11 | | On the effective date of this amendatory Act of the 98th |
12 | | General Assembly, a person who is licensed by the Department as |
13 | | a First Responder and has completed a Department-approved |
14 | | course in first responder defibrillator training based on, or |
15 | | equivalent to, the National EMS Educational Standards or other |
16 | | standards previously recognized by the Department shall be |
17 | | eligible for licensure as an Emergency Medical Responder upon |
18 | | meeting the licensure requirements and submitting an |
19 | | application to the Department. A valid First Responder license |
20 | | issued under this Act shall continue to be valid and shall be |
21 | | recognized as an Emergency Medical Responder license until the |
22 | | First Responder license expires. |
23 | | (c-10) All EMS Systems and licensees shall be fully |
24 | | compliant with the National EMS Education Standards, as |
25 | | modified by the Department in administrative rules, within 24 |
26 | | months after the adoption of the administrative rules. |
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| | HB3822 | - 37 - | LRB100 08546 SMS 18671 b |
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1 | | (d) The Department shall have the authority and
|
2 | | responsibility to:
|
3 | | (1) Prescribe education and training requirements, |
4 | | which
includes training in the use of epinephrine,
for all |
5 | | levels of EMS personnel except for EMRs, based on the |
6 | | National EMS Educational Standards
and any modifications |
7 | | to those curricula specified by the
Department through |
8 | | rules adopted pursuant to this Act.
|
9 | | (2) Prescribe licensure testing requirements
for all |
10 | | levels of EMS personnel, which shall include a requirement |
11 | | that
all phases of instruction, training, and field |
12 | | experience be
completed before taking the appropriate |
13 | | licensure examination.
Candidates may elect to take the |
14 | | appropriate National Registry examination in lieu of the
|
15 | | Department's examination, but are responsible for making
|
16 | | their own arrangements for taking the National Registry
|
17 | | examination. In prescribing licensure testing requirements |
18 | | for honorably discharged members of the armed forces of the |
19 | | United States under this paragraph (2), the Department |
20 | | shall ensure that a candidate's military emergency medical |
21 | | training, emergency medical curriculum completed, and |
22 | | clinical experience, as described in paragraph (2.5), are |
23 | | recognized.
|
24 | | (2.5) Review applications for EMS personnel licensure |
25 | | from
honorably discharged members of the armed forces of |
26 | | the United States with military emergency medical |
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1 | | training. Applications shall be filed with the Department |
2 | | within one year after military discharge and shall contain: |
3 | | (i) proof of successful completion of military emergency |
4 | | medical training; (ii) a detailed description of the |
5 | | emergency medical curriculum completed; and (iii) a |
6 | | detailed description of the applicant's clinical |
7 | | experience. The Department may request additional and |
8 | | clarifying information. The Department shall evaluate the |
9 | | application, including the applicant's training and |
10 | | experience, consistent with the standards set forth under |
11 | | subsections (a), (b), (c), and (d) of Section 3.10. If the |
12 | | application clearly demonstrates that the training and |
13 | | experience meets such standards, the Department shall |
14 | | offer the applicant the opportunity to successfully |
15 | | complete a Department-approved EMS personnel examination |
16 | | for the level of license for which the applicant is |
17 | | qualified. Upon passage of an examination, the Department |
18 | | shall issue a license, which shall be subject to all |
19 | | provisions of this Act that are otherwise applicable to the |
20 | | level of EMS personnel
license issued. |
21 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
|
22 | | or Paramedic who have met the Department's education, |
23 | | training and
examination requirements.
|
24 | | (4) Prescribe annual continuing education and
|
25 | | relicensure requirements for all EMS personnel licensure
|
26 | | levels.
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1 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, |
2 | | A-EMT,
or Paramedic every 4 years, based on their |
3 | | compliance with
continuing education and relicensure |
4 | | requirements as required by the Department pursuant to this |
5 | | Act. Every 4 years, a Paramedic shall have 100 hours of |
6 | | approved continuing education, an EMT-I and an advanced EMT |
7 | | shall have 80 hours of approved continuing education, and |
8 | | an EMT shall have 60 hours of approved continuing |
9 | | education. An Illinois licensed EMR, EMD, EMT, EMT-I, |
10 | | A-EMT, Paramedic, ECRN, or PHRN whose license has been |
11 | | expired for less than 36 months may apply for reinstatement |
12 | | by the Department. Reinstatement shall require that the |
13 | | applicant (i) submit satisfactory proof of completion of |
14 | | continuing medical education and clinical requirements to |
15 | | be prescribed by the Department in an administrative rule; |
16 | | (ii) submit a positive recommendation from an Illinois EMS |
17 | | Medical Director attesting to the applicant's |
18 | | qualifications for retesting; and (iii) pass a Department |
19 | | approved test for the level of EMS personnel license sought |
20 | | to be reinstated.
|
21 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, |
22 | | A-EMT, Paramedic, ECRN, or PHRN who
qualifies, based on |
23 | | standards and procedures established by
the Department in |
24 | | rules adopted pursuant to this Act.
|
25 | | (7) Charge a fee for EMS personnel examination, |
26 | | licensure, and license renewal.
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1 | | (8) Suspend, revoke, or refuse to issue or renew the
|
2 | | license of any licensee, after an opportunity for an |
3 | | impartial hearing before a neutral administrative law |
4 | | judge appointed by the Director, where the preponderance of |
5 | | the evidence shows one or more of the following:
|
6 | | (A) The licensee has not met continuing
education |
7 | | or relicensure requirements as prescribed by the |
8 | | Department;
|
9 | | (B) The licensee has failed to maintain
|
10 | | proficiency in the level of skills for which he or she |
11 | | is licensed;
|
12 | | (C) The licensee, during the provision of
medical |
13 | | services, engaged in dishonorable, unethical, or
|
14 | | unprofessional conduct of a character likely to |
15 | | deceive,
defraud, or harm the public;
|
16 | | (D) The licensee has failed to maintain or
has |
17 | | violated standards of performance and conduct as |
18 | | prescribed
by the Department in rules adopted pursuant |
19 | | to this Act or
his or her EMS System's Program Plan;
|
20 | | (E) The licensee is physically impaired to
the |
21 | | extent that he or she cannot physically perform the |
22 | | skills and
functions for which he or she is licensed, |
23 | | as verified by a
physician, unless the person is on |
24 | | inactive status pursuant
to Department regulations;
|
25 | | (F) The licensee is mentally impaired to the
extent |
26 | | that he or she cannot exercise the appropriate |
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1 | | judgment,
skill and safety for performing the |
2 | | functions for which he
or she is licensed, as verified |
3 | | by a physician, unless the person
is on inactive status |
4 | | pursuant to Department regulations;
|
5 | | (G) The licensee has violated this Act or any
rule |
6 | | adopted by the Department pursuant to this Act; or |
7 | | (H) The licensee has been convicted (or entered a |
8 | | plea of guilty or nolo-contendere) by a court of |
9 | | competent jurisdiction of a Class X, Class 1, or Class |
10 | | 2 felony in this State or an out-of-state equivalent |
11 | | offense. For applicants, the Department shall consider |
12 | | prior convictions in accordance with Section 3.51 of |
13 | | this Act. |
14 | | (9) Prescribe education and training requirements in |
15 | | the administration and use of opioid antagonists for all |
16 | | levels of EMS personnel based on the National EMS |
17 | | Educational Standards and any modifications to those |
18 | | curricula specified by the Department through rules |
19 | | adopted pursuant to this Act. |
20 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or |
21 | | PHRN who is a member of the Illinois National Guard or an |
22 | | Illinois State Trooper or who exclusively serves as a volunteer |
23 | | for units of local government with a population base of less |
24 | | than 5,000 or as a volunteer
for a not-for-profit organization |
25 | | that serves a service area
with a population base of less than |
26 | | 5,000 may submit an application to the Department for a waiver |
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1 | | of the fees described under paragraph (7) of subsection (d) of |
2 | | this Section on a form prescribed by the Department. |
3 | | The education requirements prescribed by the Department |
4 | | under this Section must allow for the suspension of those |
5 | | requirements in the case of a member of the armed services or |
6 | | reserve forces of the United States or a member of the Illinois |
7 | | National Guard who is on active duty pursuant to an executive |
8 | | order of the President of the United States, an act of the |
9 | | Congress of the United States, or an order of the Governor at |
10 | | the time that the member would otherwise be required to fulfill |
11 | | a particular education requirement. Such a person must fulfill |
12 | | the education requirement within 6 months after his or her |
13 | | release from active duty.
|
14 | | (e) In the event that any rule of the
Department or an EMS |
15 | | Medical Director that requires testing for drug
use as a |
16 | | condition of the applicable EMS personnel license conflicts |
17 | | with or
duplicates a provision of a collective bargaining |
18 | | agreement
that requires testing for drug use, that rule shall |
19 | | not
apply to any person covered by the collective bargaining
|
20 | | agreement.
|
21 | | (Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, |
22 | | eff. 8-15-14; 99-480, eff. 9-9-15.)
|
23 | | (210 ILCS 50/3.51 new) |
24 | | Sec. 3.51. Applicant convictions. |
25 | | (a) The Department shall not request information from the |
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1 | | applicant about the following, and shall not consider the |
2 | | following criminal history records in connection with an |
3 | | application for licensure: |
4 | | (1) Juvenile adjudications of delinquent minors as |
5 | | defined in 705 ILCS 405/5-120 subject to the restrictions |
6 | | set forth in 705 ILCS 405/5-130. |
7 | | (2) Law enforcement records, court records, and |
8 | | conviction records of an individual who was 17 years old at |
9 | | the time of the offense and before January 1, 2014, unless |
10 | | the nature of the offense required the individual to be |
11 | | tried as an adult. |
12 | | (3) Records of arrest of an offense other than Class X, |
13 | | Class 1 and Class 2 felony not followed by a conviction. |
14 | | However, applicants shall not be asked to report any |
15 | | arrests, and, any arrest not followed by a conviction shall |
16 | | not be the basis of a denial and may be used only to assess |
17 | | any aggravating or mitigating factors in connection with an |
18 | | applicant's prior conviction for a Class X, Class 1 or |
19 | | Class 2 felony. |
20 | | (4) Convictions overturned by a higher court. |
21 | | (5) Convictions or arrests that have been sealed or |
22 | | expunged. |
23 | | (b) When reviewing, for the purpose of determining whether |
24 | | to grant a license, a prior conviction or entry of a plea of |
25 | | guilty or nolo-contendere of a Class X, Class 1 or Class 2 |
26 | | felony of an applicant, the Department shall consider any |
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1 | | evidence of rehabilitation and mitigating factors contained in |
2 | | the applicant's record and the risk that an applicant's |
3 | | conviction history may present to patients. The factors may |
4 | | include the following: |
5 | | (1) whether the conviction involved theft, deception |
6 | | or infliction of intention, unjustified harm to others and |
7 | | suggests a propensity that may pose a threat to the public |
8 | | in stressful situation commonly confronted by EMS |
9 | | providers and First Responders; |
10 | | (2) the length of time since the conviction, the |
11 | | severity of the penalty imposed and successful completion |
12 | | of sentence; |
13 | | (3) if the applicant was previously licensed or |
14 | | employed in this State or other state or jurisdictions, |
15 | | then the lack of prior misconduct arising from or related |
16 | | to the licensed position or position of employment; |
17 | | (4) the age of the person at the time of the criminal |
18 | | offense; |
19 | | (5) whether the applicant's conviction history |
20 | | suggests a particular pattern of overall disregard for the |
21 | | safety or property of others; |
22 | | (6) any other evidence of rehabilitation or |
23 | | rehabilitative effort during or after incarceration, or |
24 | | during or after a term of supervision, including but not |
25 | | limited to a certificate of good conduct under Section |
26 | | 5-5.5-25 of the Unified Code of Corrections or a |
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1 | | certificate of relief from disabilities under Section |
2 | | 5-5.5-10 of the Unified Code of Corrections; |
3 | | (7) any other mitigating factors that contribute to the |
4 | | person's potential and current ability to perform the job |
5 | | duties; and |
6 | | (8) other unusual facts and circumstance that strongly |
7 | | suggest the applicant should not be granted a license. |
8 | | (d) It is the affirmative obligation of the Department to |
9 | | demonstrate that a prior conviction would impair the ability of |
10 | | the applicant to engage in the licensed practice. If the |
11 | | Department refuses to issue a license to an applicant, then the |
12 | | Department shall notify the applicant of the denial in writing |
13 | | with the following included in the notice of denial: |
14 | | (1) a statement about the decision to refuse to issue a |
15 | | license; |
16 | | (2) a list of the conviction items that formed the sole |
17 | | or partial basis for the refusal to issue a license; |
18 | | (3) a list of the mitigating evidence presented by the |
19 | | applicant; |
20 | | (4) reasons for refusing to issue a license specific to |
21 | | the evidence presented in mitigation of conviction items |
22 | | that formed the partial or sole basis for the Department's |
23 | | decision; and |
24 | | (5) a summary of the appeal process or the earliest the |
25 | | applicant may reapply for a license, whichever is |
26 | | applicable. |
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1 | | Section 30. The Clinical Social Work and Social Work |
2 | | Practice Act is amended by changing Section 19 and by adding |
3 | | Section 9A.1 as follows: |
4 | | (225 ILCS 20/9A.1 new) |
5 | | Sec. 9A.1. Applicant Convictions. |
6 | | (a) The Department and the Board shall not require |
7 | | applicants to report information about the following and shall |
8 | | not consider the following criminal history records in |
9 | | connection with an application for licensure: |
10 | | (1) Juvenile adjudications of delinquent minors as |
11 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
12 | | subject to the restrictions set forth in Section 5-130 of |
13 | | the Juvenile Court Act of 1987. |
14 | | (2) Law enforcement records, court records, and |
15 | | conviction records of an individual who was 17 years old at |
16 | | the time of the offense and before January 1, 2014, unless |
17 | | the nature of the offense required the individual to be |
18 | | tried as an adult. |
19 | | (3) Records of arrest not followed by a conviction |
20 | | unless related to the practice of the profession. However, |
21 | | applicants shall not be asked to report any arrests, and, |
22 | | an arrest not followed by a conviction shall not be the |
23 | | basis of a denial and may be used only to assess an |
24 | | applicant's rehabilitation. |
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1 | | (4) Convictions overturned by a higher court. |
2 | | (5) Convictions or arrests that have been sealed or |
3 | | expunged. |
4 | | (b) Except as provided in Section 2105-165 of the |
5 | | Department of Professional Regulation Law, when determining |
6 | | whether to grant a license to an applicant with a prior |
7 | | conviction of a felony or of a misdemeanor directly related to |
8 | | the practice of the profession, the Department shall consider |
9 | | any evidence of rehabilitation and mitigating factors |
10 | | contained in the applicant's record, including any of the |
11 | | following: |
12 | | (1) the lack of direct relation of the offense for |
13 | | which the applicant was previously convicted to the duties, |
14 | | functions, and responsibilities of the position for which a |
15 | | license is sought; |
16 | | (2) whether 5 years since a felony conviction or 3 |
17 | | years since release from confinement for the conviction, |
18 | | whichever is later, have passed without a subsequent |
19 | | conviction; |
20 | | (3) if the applicant was previously licensed or |
21 | | employed in this State or other state or jurisdictions, |
22 | | then the lack of prior misconduct arising from or related |
23 | | to the licensed position or position of employment; |
24 | | (4) the age of the person at the time of the criminal |
25 | | offense; |
26 | | (5) successful completion of sentence and, for |
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1 | | applicants serving a term of parole or probation, a |
2 | | progress report provided by the applicant's probation or |
3 | | parole officer that documents the applicant's compliance |
4 | | with conditions of supervision; |
5 | | (6) evidence of the applicant's present fitness and |
6 | | professional character; |
7 | | (7) evidence of rehabilitation or rehabilitative |
8 | | effort during or after incarceration, or during or after a |
9 | | term of supervision, including, but not limited to, a |
10 | | certificate of good conduct under Section 5-5.5-25 of the |
11 | | Unified Code of Corrections or a certificate of relief from |
12 | | disabilities under Section 5-5.5-10 of the Unified Code of |
13 | | Corrections; and |
14 | | (8) any other mitigating factors that contribute to the |
15 | | person's potential and current ability to perform the |
16 | | duties and responsibilities of the position for which a |
17 | | license or employment is sought. |
18 | | (c) It is the affirmative obligation of the Department to |
19 | | demonstrate that a prior conviction would impair the ability of |
20 | | the applicant to engage in the practice requiring a license. If |
21 | | the Department refuses to grant a license to an applicant, then |
22 | | the Department shall notify the applicant of the denial in |
23 | | writing with the following included in the notice of denial: |
24 | | (1) a statement about the decision to refuse to issue a |
25 | | license; |
26 | | (2) a list of the convictions that formed the sole or |
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1 | | partial basis for the refusal to issue a license; |
2 | | (3) a list of the mitigating evidence presented by the |
3 | | applicant; |
4 | | (4) reasons for refusing to issue a license specific to |
5 | | the evidence presented in mitigation of conviction items |
6 | | that formed the partial or sole basis for the Department's |
7 | | decision; and |
8 | | (5) a summary of the appeal process or the earliest the |
9 | | applicant may reapply for a license, whichever is |
10 | | applicable. |
11 | | (d) No later than May 1 of each year, the Department must |
12 | | prepare, publicly announce, and publish a report of summary |
13 | | statistical information relating to new and renewal license |
14 | | applications during the preceding calendar year. Each report |
15 | | shall show at minimum: |
16 | | (1) the number of applicants for a new or renewal |
17 | | license under this Act within the previous calendar year; |
18 | | (2) the number of applicants for a new or renewal |
19 | | license under this Act within the previous calendar year |
20 | | who had any criminal conviction; |
21 | | (3) the number of applicants for a new or renewal |
22 | | license under this Act in the previous calendar year who |
23 | | were granted a license; |
24 | | (4) the number of applicants for a new or renewal |
25 | | license with a criminal conviction who were granted a |
26 | | license under this Act within the previous calendar year; |
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1 | | (5) the number of applicants for a new or renewal |
2 | | license under this Act within the previous calendar year |
3 | | who were denied a license; |
4 | | (6) the number of applicants for a new or renewal |
5 | | license with a criminal conviction who were denied a |
6 | | license under this Act in the previous calendar year in |
7 | | part or in whole because of a prior conviction; |
8 | | (7) the number of probationary licenses without |
9 | | monitoring issued under this Act in the previous calendar |
10 | | year to applicants with criminal conviction; and |
11 | | (8) the number of probationary licenses with |
12 | | monitoring issued under this Act in the previous calendar |
13 | | year to applicants with criminal conviction.
|
14 | | (225 ILCS 20/19) (from Ch. 111, par. 6369)
|
15 | | (Section scheduled to be repealed on January 1, 2018)
|
16 | | Sec. 19. Grounds for disciplinary action.
|
17 | | (1) The Department may refuse to issue, refuse to renew, |
18 | | suspend, or
revoke any license, or may place on probation, |
19 | | censure, reprimand, or take
other disciplinary or |
20 | | non-disciplinary action deemed appropriate by the Department, |
21 | | including the
imposition of fines not to exceed $10,000
for |
22 | | each violation, with regard to any
license issued under the |
23 | | provisions of this Act for any one or a combination of
the |
24 | | following reasons:
|
25 | | (a) material misstatements of fact in furnishing |
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1 | | information to the
Department or to any other State agency |
2 | | or in furnishing information to any
insurance company with |
3 | | respect to a claim on behalf of a licensee or a patient;
|
4 | | (b) violations or negligent or intentional disregard |
5 | | of this Act, or any
of the rules promulgated hereunder;
|
6 | | (c) for licensees, conviction of or entry of a plea of |
7 | | guilty or nolo contendere to any crime that is a felony |
8 | | under the laws of the United States or any
state or |
9 | | territory thereof or that is a misdemeanor, of
which an |
10 | | essential
element is dishonesty, or any crime that is |
11 | | directly related
to the practice of the clinical social |
12 | | work or social work professions ; provisions set forth in |
13 | | Section 9A.1 apply for applicants ;
|
14 | | (d) making any misrepresentation for the purpose of |
15 | | obtaining licenses,
or violating any provision of this Act |
16 | | or any of the rules promulgated
hereunder;
|
17 | | (e) professional incompetence;
|
18 | | (f) malpractice;
|
19 | | (g) aiding or assisting another person in violating any |
20 | | provision of this
Act or any rules;
|
21 | | (h) failing to provide information within 30 days in |
22 | | response to a
written request made by the Department;
|
23 | | (i) engaging in dishonorable, unethical or |
24 | | unprofessional conduct of a
character likely to deceive, |
25 | | defraud or harm the public as defined by the
rules of the |
26 | | Department, or violating the rules of professional conduct
|
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1 | | adopted by the Board and published by the Department;
|
2 | | (j) habitual
or excessive use or addiction to alcohol, |
3 | | narcotics, stimulants, or any other
chemical agent or drug |
4 | | that results in a clinical social worker's or social
|
5 | | worker's inability to practice
with reasonable judgment, |
6 | | skill, or safety;
|
7 | | (k) discipline by another jurisdiction, if at least one |
8 | | of the grounds
for the discipline is the same or |
9 | | substantially equivalent to those set
forth in this |
10 | | Section;
|
11 | | (l) directly or indirectly giving to or receiving from |
12 | | any person, firm,
corporation, partnership, or association |
13 | | any fee, commission, rebate or
other form of compensation |
14 | | for any professional service not actually rendered. |
15 | | Nothing in this paragraph (l) affects any bona fide |
16 | | independent contractor or employment arrangements among |
17 | | health care professionals, health facilities, health care |
18 | | providers, or other entities, except as otherwise |
19 | | prohibited by law. Any employment arrangements may include |
20 | | provisions for compensation, health insurance, pension, or |
21 | | other employment benefits for the provision of services |
22 | | within the scope of the licensee's practice under this Act. |
23 | | Nothing in this paragraph (l) shall be construed to require |
24 | | an employment arrangement to receive professional fees for |
25 | | services rendered;
|
26 | | (m) a finding by the Board that the licensee, after |
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1 | | having the license
placed on probationary status, has |
2 | | violated the terms of probation;
|
3 | | (n) abandonment, without cause, of a client;
|
4 | | (o) wilfully filing false reports relating to a |
5 | | licensee's practice,
including but not limited to false |
6 | | records filed with Federal or State
agencies or |
7 | | departments;
|
8 | | (p) wilfully failing to report an instance of suspected |
9 | | child abuse or
neglect as required by the Abused and |
10 | | Neglected Child Reporting Act;
|
11 | | (q) being named as a perpetrator in an indicated report |
12 | | by the
Department of Children and Family Services under the |
13 | | Abused and
Neglected Child Reporting Act, and upon proof by |
14 | | clear and convincing evidence
that the licensee has caused |
15 | | a child to be or failed to take reasonable steps to prevent |
16 | | a child from being an abused child or neglected child
as |
17 | | defined in the Abused and Neglected Child Reporting Act;
|
18 | | (r) physical illness, mental illness, or any other |
19 | | impairment or disability, including, but not limited to,
|
20 | | deterioration through the
aging process, or loss of motor |
21 | | skills that results in the inability
to practice the |
22 | | profession with reasonable judgment, skill or safety;
|
23 | | (s) solicitation of professional services by using |
24 | | false or
misleading advertising; or
|
25 | | (t) violation of the Health Care Worker Self-Referral |
26 | | Act.
|
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| | HB3822 | - 54 - | LRB100 08546 SMS 18671 b |
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1 | | (2) (Blank).
|
2 | | (3) The determination by a court that a licensee is subject |
3 | | to
involuntary
admission or judicial admission as provided in |
4 | | the Mental Health and
Developmental Disabilities Code, will |
5 | | result in an automatic suspension of his
license. Such |
6 | | suspension will end upon a finding by a court that the licensee
|
7 | | is no longer subject to involuntary admission or judicial |
8 | | admission and issues
an order so finding and discharging the |
9 | | patient, and upon the recommendation of
the Board to the |
10 | | Secretary that the licensee be allowed to resume professional
|
11 | | practice.
|
12 | | (4) The Department may refuse to issue or renew or may |
13 | | suspend the license of a
person who (i) fails to file a return, |
14 | | pay the tax, penalty, or interest shown in a
filed return, or |
15 | | pay any final assessment of tax, penalty, or interest, as
|
16 | | required by any tax Act administered by the Department of |
17 | | Revenue,
until the requirements of the tax Act are satisfied or |
18 | | (ii) has failed to pay any court-ordered child support as |
19 | | determined by a court order or by
referral from the Department |
20 | | of Healthcare and Family Services.
|
21 | | (5) In enforcing this Section, the Board upon a showing of |
22 | | a possible
violation may compel a person licensed to practice |
23 | | under this Act, or
who has applied for licensure or |
24 | | certification pursuant to this Act, to submit
to a mental or |
25 | | physical examination, or both, as required by and at the |
26 | | expense
of the Department. The examining physicians
shall be |
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1 | | those specifically designated by the Board.
The Board or the |
2 | | Department may order the examining physician
to present |
3 | | testimony concerning this mental or physical
examination
of the |
4 | | licensee or applicant. No information shall be excluded by |
5 | | reason of
any common law or statutory privilege relating to |
6 | | communications between the
licensee or applicant and the |
7 | | examining physician.
The person to be examined may have, at his |
8 | | or her own expense, another
physician of his or her choice |
9 | | present during all
aspects of the examination. Failure of any |
10 | | person to submit to a mental or
physical examination, when |
11 | | directed, shall be grounds for suspension of a
license until |
12 | | the person submits to the examination if the Board finds,
after |
13 | | notice and hearing, that the refusal to submit to the |
14 | | examination was
without reasonable cause.
|
15 | | If the Board finds a person unable to practice because of |
16 | | the reasons
set forth in this Section, the Board may require |
17 | | that person to submit to
care, counseling, or treatment by |
18 | | physicians
approved
or designated by the Board, as a condition, |
19 | | term, or restriction for continued,
reinstated, or
renewed |
20 | | licensure to practice; or, in lieu of care, counseling or |
21 | | treatment,
the
Board may recommend to the Department to file a |
22 | | complaint to immediately
suspend, revoke or otherwise |
23 | | discipline the license of the person.
Any person whose
license |
24 | | was granted, continued, reinstated, renewed, disciplined or |
25 | | supervised
subject to such terms, conditions or restrictions, |
26 | | and who fails to comply with
such terms, conditions, or |
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1 | | restrictions, shall be referred to the Secretary for
a
|
2 | | determination as to whether the person shall have his or her |
3 | | license
suspended immediately, pending a hearing by the Board.
|
4 | | In instances in which the Secretary immediately suspends a |
5 | | person's license
under this Section, a hearing on that person's |
6 | | license must be convened by
the Board within 30 days after the |
7 | | suspension and completed without appreciable
delay.
The Board |
8 | | shall have the authority to review the subject person's record |
9 | | of
treatment and counseling regarding the impairment, to the |
10 | | extent permitted by
applicable federal statutes and |
11 | | regulations safeguarding the confidentiality of
medical |
12 | | records.
|
13 | | A person licensed under this Act and affected under this |
14 | | Section shall
be
afforded an opportunity to demonstrate to the |
15 | | Board that he or she can resume
practice in compliance with |
16 | | acceptable and prevailing standards under the
provisions of his |
17 | | or her license.
|
18 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
19 | | Section 35. The Dietitian Nutritionist Practice Act is |
20 | | amended by changing Section 95 and by adding Section 96 as |
21 | | follows:
|
22 | | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
|
23 | | (Section scheduled to be repealed on January 1, 2023)
|
24 | | Sec. 95. Grounds for discipline.
|
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1 | | (1) The Department may refuse to issue or
renew, or may |
2 | | revoke, suspend, place on probation, reprimand, or take other
|
3 | | disciplinary or non-disciplinary action as the Department may |
4 | | deem appropriate, including imposing fines not to
exceed |
5 | | $10,000 for each violation, with regard to any license or |
6 | | certificate for
any one or combination of the following causes:
|
7 | | (a) Material misstatement in furnishing information to |
8 | | the Department.
|
9 | | (b) Violations of this Act or of
rules adopted under |
10 | | this Act.
|
11 | | (c) For licensees, conviction Conviction by plea of |
12 | | guilty or nolo contendere, finding of guilt, jury verdict, |
13 | | or entry of judgment or by sentencing of any crime, |
14 | | including, but not limited to, convictions, preceding |
15 | | sentences of supervision, conditional discharge, or first |
16 | | offender probation, under the laws of any jurisdiction of |
17 | | the United States (i) that is a felony or (ii) that is a |
18 | | misdemeanor, an essential element of which is dishonesty, |
19 | | or that is directly related to the practice of the |
20 | | profession. For applicants, provisions set forth in |
21 | | Section 96 apply.
|
22 | | (d) Fraud or any misrepresentation in applying for or |
23 | | procuring a license under this Act or in connection with |
24 | | applying for renewal of a license under this Act.
|
25 | | (e) Professional incompetence or gross negligence.
|
26 | | (f) Malpractice.
|
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| | HB3822 | - 58 - | LRB100 08546 SMS 18671 b |
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1 | | (g) Aiding or assisting another person in violating any |
2 | | provision of
this Act or its rules.
|
3 | | (h) Failing to provide information within 60 days in |
4 | | response to a
written request made by the Department.
|
5 | | (i) Engaging in dishonorable, unethical or |
6 | | unprofessional conduct of a
character likely to deceive, |
7 | | defraud, or harm the public.
|
8 | | (j) Habitual or excessive use or abuse of drugs defined |
9 | | in law as controlled substances, alcohol, or any other |
10 | | substance that results in the
inability to practice with |
11 | | reasonable judgment, skill, or safety.
|
12 | | (k) Discipline by another state, the District of |
13 | | Columbia, territory, country, or governmental agency if at |
14 | | least one
of the grounds for the discipline is the same or |
15 | | substantially equivalent
to those set forth in this Act.
|
16 | | (l) Charging for professional services not rendered, |
17 | | including filing false statements for the collection of |
18 | | fees for which services are not rendered. Nothing in this |
19 | | paragraph (1) affects any bona fide independent contractor |
20 | | or employment arrangements among health care |
21 | | professionals, health facilities, health care providers, |
22 | | or other entities, except as otherwise prohibited by law. |
23 | | Any employment arrangements may include provisions for |
24 | | compensation, health insurance, pension, or other |
25 | | employment benefits for the provision of services within |
26 | | the scope of the licensee's practice under this Act. |
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1 | | Nothing in this paragraph (1) shall be construed to require |
2 | | an employment arrangement to receive professional fees for |
3 | | services rendered.
|
4 | | (m) A finding by the Department that the licensee, |
5 | | after having his or her
license placed on probationary |
6 | | status, has violated the terms of probation.
|
7 | | (n) Willfully making or filing false records or reports |
8 | | in his or her practice, including, but not limited to, |
9 | | false records filed with State agencies or departments.
|
10 | | (o) Allowing one's license under this Act to be used by |
11 | | an unlicensed person in violation of this Act.
|
12 | | (p) Practicing under a false or, except as provided by |
13 | | law, an assumed name.
|
14 | | (q) Gross and willful overcharging for professional |
15 | | services.
|
16 | | (r) (Blank).
|
17 | | (s) Willfully failing to report an instance of |
18 | | suspected child abuse
or neglect as required by the Abused |
19 | | and Neglected Child Reporting Act.
|
20 | | (t) Cheating on or attempting to subvert a licensing |
21 | | examination administered under this Act. |
22 | | (u) Mental illness or disability that results in the |
23 | | inability to practice under this Act with reasonable |
24 | | judgment, skill, or safety. |
25 | | (v) Physical illness, including, but not limited to, |
26 | | deterioration through the aging process or loss of motor |
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1 | | skill that results in a licensee's inability to practice |
2 | | under this Act with reasonable judgment, skill, or safety. |
3 | | (w) Advising an individual to discontinue, reduce, |
4 | | increase, or otherwise alter the intake of a drug |
5 | | prescribed by a physician licensed to practice medicine in |
6 | | all its branches or by a prescriber as defined in Section |
7 | | 102 of the Illinois Controlled Substances Act. |
8 | | (2) The Department may refuse to issue or may suspend |
9 | | without hearing, as provided for in the Code of Civil |
10 | | Procedure, the license of any person who fails to file a |
11 | | return, or pay the tax, penalty, or interest shown in a filed |
12 | | return, or pay any final assessment of the tax, penalty, or |
13 | | interest as required by any tax Act administered by the |
14 | | Illinois Department of Revenue, until such time as the |
15 | | requirements of any such tax Act are satisfied in accordance |
16 | | with subsection (g) of Section 2105-15 of the Civil |
17 | | Administrative Code of Illinois. |
18 | | (3) The Department shall deny a license or renewal |
19 | | authorized by this Act to a person who has defaulted on an |
20 | | educational loan or scholarship provided or guaranteed by the |
21 | | Illinois Student Assistance Commission or any governmental |
22 | | agency of this State in accordance with item (5) of subsection |
23 | | (a) of Section 2105-15 of the Civil Administrative Code of |
24 | | Illinois. |
25 | | (4) In cases where the Department of Healthcare and Family |
26 | | Services has previously determined a licensee or a potential |
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1 | | licensee is more than 30 days delinquent in the payment of |
2 | | child support and has subsequently certified the delinquency to |
3 | | the Department, the Department may refuse to issue or renew or |
4 | | may revoke or suspend that person's license or may take other |
5 | | disciplinary action against that person based solely upon the |
6 | | certification of delinquency made by the Department of |
7 | | Healthcare and Family Services in accordance with item (5) of |
8 | | subsection (a) of Section 2105-15 of the Civil Administrative |
9 | | Code of Illinois. |
10 | | (5) The determination by a circuit court that a licensee is |
11 | | subject to involuntary admission or judicial admission, as |
12 | | provided in the Mental Health and Developmental Disabilities |
13 | | Code, operates as an automatic suspension. The suspension shall |
14 | | end only upon a finding by a court that the patient is no |
15 | | longer subject to involuntary admission or judicial admission |
16 | | and the issuance of an order so finding and discharging the |
17 | | patient. |
18 | | (6) In enforcing this Act, the Department, upon a showing |
19 | | of a possible violation, may compel an individual licensed to |
20 | | practice under this Act, or who has applied for licensure under |
21 | | this Act, to submit to a mental or physical examination, or |
22 | | both, as required by and at the expense of the Department. The |
23 | | Department may order the examining physician to present |
24 | | testimony concerning the mental or physical examination of the |
25 | | licensee or applicant. No information shall be excluded by |
26 | | reason of any common law or statutory privilege relating to |
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1 | | communications between the licensee or applicant and the |
2 | | examining physician. The examining physicians shall be |
3 | | specifically designated by the Department. The individual to be |
4 | | examined may have, at his or her own expense, another physician |
5 | | of his or her choice present during all aspects of this |
6 | | examination. The examination shall be performed by a physician |
7 | | licensed to practice medicine in all its branches. Failure of |
8 | | an individual to submit to a mental or physical examination, |
9 | | when directed, shall result in an automatic suspension without |
10 | | hearing. |
11 | | A person holding a license under this Act or who has |
12 | | applied for a license under this Act who, because of a physical |
13 | | or mental illness or disability, including, but not limited to, |
14 | | deterioration through the aging process or loss of motor skill, |
15 | | is unable to practice the profession with reasonable judgment, |
16 | | skill, or safety, may be required by the Department to submit |
17 | | to care, counseling, or treatment by physicians approved or |
18 | | designated by the Department as a condition, term, or |
19 | | restriction for continued, reinstated, or renewed licensure to |
20 | | practice. Submission to care, counseling, or treatment as |
21 | | required by the Department shall not be considered discipline |
22 | | of a license. If the licensee refuses to enter into a care, |
23 | | counseling, or treatment agreement or fails to abide by the |
24 | | terms of the agreement, then the Department may file a |
25 | | complaint to revoke, suspend, or otherwise discipline the |
26 | | license of the individual. The Secretary may order the license |
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1 | | suspended immediately, pending a hearing by the Department. |
2 | | Fines shall not be assessed in disciplinary actions involving |
3 | | physical or mental illness or impairment. |
4 | | In instances in which the Secretary immediately suspends a |
5 | | person's license under this Section, a hearing on that person's |
6 | | license must be convened by the Department within 15 days after |
7 | | the suspension and completed without appreciable delay. The |
8 | | Department shall have the authority to review the subject |
9 | | individual's record of treatment and counseling regarding the |
10 | | impairment to the extent permitted by applicable federal |
11 | | statutes and regulations safeguarding the confidentiality of
|
12 | | medical records. |
13 | | An individual licensed under this Act and affected under |
14 | | this Section shall be afforded an opportunity to demonstrate to |
15 | | the Department that he or she can resume practice in compliance |
16 | | with acceptable and prevailing standards under the provisions |
17 | | of his or her license.
|
18 | | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13; |
19 | | 98-756, eff. 7-16-14.)
|
20 | | (225 ILCS 30/96 new) |
21 | | Sec. 96. Applicant convictions. |
22 | | (a) The Department shall not require the applicant to |
23 | | report the following information and shall not consider the |
24 | | following criminal history records in connection with an |
25 | | application for licensure: |
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| | HB3822 | - 64 - | LRB100 08546 SMS 18671 b |
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1 | | (1) Juvenile adjudications of delinquent minors as |
2 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
3 | | subject to the restrictions set forth in Section 5-130 of |
4 | | the Juvenile Court Act of 1987. |
5 | | (2) Law enforcement records, court records, and |
6 | | conviction records of an individual who was 17 years old at |
7 | | the time of the offense and before January 1, 2014, unless |
8 | | the nature of the offense required the individual to be |
9 | | tried as an adult. |
10 | | (3) Records of arrest not followed by a conviction |
11 | | unless related to the practice of the profession. However, |
12 | | applicants shall not be asked to report any arrests, and, |
13 | | an arrest not followed by a conviction shall not be the |
14 | | basis of a denial and may be used only to assess an |
15 | | applicant's rehabilitation. |
16 | | (4) Convictions overturned by a higher court. |
17 | | (5) Convictions or arrests that have been sealed or |
18 | | expunged. |
19 | | (b) When reviewing, for the purpose of licensure, a |
20 | | conviction of any felony or a misdemeanor directly related to |
21 | | the practice of the profession of an applicant, the Department |
22 | | shall consider any evidence of rehabilitation and mitigating |
23 | | factors contained in the applicant's record, including any of |
24 | | the following: |
25 | | (1) the lack of direct relation of the offense for |
26 | | which the applicant was previously convicted to the duties, |
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| | HB3822 | - 65 - | LRB100 08546 SMS 18671 b |
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1 | | functions, and responsibilities of the position for which a |
2 | | license is sought; |
3 | | (2) whether 5 years since a felony conviction or 3 |
4 | | years since release from confinement for the conviction, |
5 | | whichever is later, have passed without a subsequent |
6 | | conviction; |
7 | | (3) if the applicant was previously licensed or |
8 | | employed in this State or other state or jurisdictions, |
9 | | then the lack of prior misconduct arising from or related |
10 | | to the licensed position or position of employment; |
11 | | (4) the age of the person at the time of the criminal |
12 | | offense; |
13 | | (5) for applicants serving a term of parole or |
14 | | probation, a progress report provided by the applicant's |
15 | | probation or parole officer that documents the applicant's |
16 | | compliance with conditions of supervision; |
17 | | (6) evidence of the applicant's present fitness and |
18 | | professional character; |
19 | | (7) evidence of rehabilitation or rehabilitative |
20 | | effort during or after incarceration, or during or after a |
21 | | term of supervision, including, but not limited to, a |
22 | | certificate of good conduct under Section 5-5.5-25 of the |
23 | | Unified Code of Corrections or a certificate of relief from |
24 | | disabilities under Section 5-5.5-10 of the Unified Code of |
25 | | Corrections; and |
26 | | (8) any other mitigating factors that contribute to the |
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1 | | person's potential and current ability to perform the |
2 | | duties and responsibilities of the position for which a |
3 | | license or employment is sought. |
4 | | (c) It is the affirmative obligation of the Department to |
5 | | demonstrate that a prior conviction would impair the ability of |
6 | | the applicant to engage in the licensed practice. If the |
7 | | Department refuses to issue a license to an applicant, then the |
8 | | Department shall notify the applicant of the denial in writing |
9 | | with the following included in the notice of denial: |
10 | | (1) a statement about the decision to refuse to issue a |
11 | | license; |
12 | | (2) a list of the conviction items that formed the sole |
13 | | or partial basis for the refusal to issue a license; |
14 | | (3) a list of the mitigating evidence presented by the |
15 | | applicant; |
16 | | (4) reasons for refusing to issue a license specific to |
17 | | the evidence presented in mitigation of conviction items |
18 | | that formed the partial or sole basis for the Department's |
19 | | decision; and |
20 | | (5) a summary of the appeal process or the earliest the |
21 | | applicant may reapply for a license, whichever is |
22 | | applicable. |
23 | | (d) No later than May 1 of each year, the Department must |
24 | | prepare, publicly announce, and publish a report of summary |
25 | | statistical information relating to new and renewal license |
26 | | applications during the preceding calendar year. Each report |
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1 | | shall show at minimum: |
2 | | (1) the number of applicants for a new or renewal |
3 | | license under this Act within the previous calendar year; |
4 | | (2) the number of applicants for a new or renewal |
5 | | license under this Act within the previous calendar year |
6 | | who had any criminal conviction; |
7 | | (3) the number of applicants for a new or renewal |
8 | | license under this Act in the previous calendar year who |
9 | | were granted a license; |
10 | | (4) the number of applicants for a new or renewal |
11 | | license with a criminal conviction who were granted a |
12 | | license under this Act within the previous calendar year; |
13 | | (5) the number of applicants for a new or renewal |
14 | | license under this Act within the previous calendar year |
15 | | who were denied a license; |
16 | | (6) the number of applicants for a new or renewal |
17 | | license with a criminal conviction who were denied a |
18 | | license under this Act in the previous calendar year in |
19 | | part or in whole because of a prior conviction; |
20 | | (7) the number of probationary licenses without |
21 | | monitoring issued under this Act in the previous calendar |
22 | | year to applicants with criminal conviction; and |
23 | | (8) the number of probationary licenses with |
24 | | monitoring issued under this Act in the previous calendar |
25 | | year to applicants with criminal conviction. |
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| | HB3822 | - 68 - | LRB100 08546 SMS 18671 b |
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1 | | Section 40. The Environmental Health Practitioner |
2 | | Licensing Act is amended by changing Section 35 and by adding |
3 | | Section 32 as follows: |
4 | | (225 ILCS 37/32 new) |
5 | | Sec. 32. Applicant convictions. |
6 | | (a) The Department shall not require the applicant to |
7 | | report the following information and shall not consider the |
8 | | following criminal history records in connection with an |
9 | | application for licensure: |
10 | | (1) Juvenile adjudications of delinquent minors as |
11 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
12 | | subject to the restrictions set forth in Section 5-130 of |
13 | | the Juvenile Court Act of 1987. |
14 | | (2) Law enforcement records, court records, and |
15 | | conviction records of an individual who was 17 years old at |
16 | | the time of the offense and before January 1, 2014, unless |
17 | | the nature of the offense required the individual to be |
18 | | tried as an adult. |
19 | | (3) Records of arrest not followed by a conviction |
20 | | unless related to the practice of the profession. However, |
21 | | applicants shall not be asked to report any arrests, and, |
22 | | an arrest not followed by a conviction shall not be the |
23 | | basis of a denial and may be used only to assess an |
24 | | applicant's rehabilitation. |
25 | | (4) Convictions overturned by a higher court. |
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| | HB3822 | - 69 - | LRB100 08546 SMS 18671 b |
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1 | | (5) Convictions or arrests that have been sealed or |
2 | | expunged. |
3 | | (b) When reviewing, for the purpose of determining whether |
4 | | to grant a license, a conviction of any misdemeanor directly |
5 | | related to the practice of the profession or of any felony of |
6 | | the applicant, the Department shall consider any evidence of |
7 | | rehabilitation and mitigating factors contained in the |
8 | | applicant's record, including any of the following: |
9 | | (1) the lack of direct relation of the offense for |
10 | | which the applicant was previously convicted to the duties, |
11 | | functions, and responsibilities of the position for which a |
12 | | license is sought; |
13 | | (2) whether 5 years since a felony conviction or 3 |
14 | | years since release from confinement for the conviction, |
15 | | whichever is later, have passed without a subsequent |
16 | | conviction; |
17 | | (3) if the applicant was previously licensed or |
18 | | employed in this State or other state or jurisdictions, |
19 | | then the lack of prior misconduct arising from or related |
20 | | to the licensed position or position of employment; |
21 | | (4) the age of the person at the time of the criminal |
22 | | offense; |
23 | | (5) successful completion of sentence and, for |
24 | | applicants serving a term of parole or probation, a |
25 | | progress report provided by the applicant's probation or |
26 | | parole officer that documents the applicant's compliance |
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| | HB3822 | - 70 - | LRB100 08546 SMS 18671 b |
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1 | | with conditions of supervision; |
2 | | (6) evidence of the applicant's present fitness and |
3 | | professional character; |
4 | | (7) evidence of rehabilitation or rehabilitative |
5 | | effort during or after incarceration, or during or after a |
6 | | term of supervision, including, but not limited to, a |
7 | | certificate of good conduct under Section 5-5.5-25 of the |
8 | | Unified Code of Corrections or a certificate of relief from |
9 | | disabilities under Section 5-5.5-10 of the Unified Code of |
10 | | Corrections; and |
11 | | (9) any other mitigating factors that contribute to the |
12 | | person's potential and current ability to perform the |
13 | | duties and responsibilities of the position for which a |
14 | | license or employment is sought. |
15 | | (c) It is the affirmative obligation of the Department to |
16 | | demonstrate that a prior conviction would impair the ability of |
17 | | the applicant to engage in the licensed practice. If the |
18 | | Department refuses to issue a license to an applicant, then the |
19 | | applicant shall be notified of the denial in writing with the |
20 | | following included in the notice of denial: |
21 | | (1) a statement about the decision to refuse to issue a |
22 | | license; |
23 | | (2) a list of the convictions that formed the sole or |
24 | | partial basis for the refusal to issue a license; |
25 | | (3) a list of the mitigating evidence presented by the |
26 | | applicant; |
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1 | | (4) reasons for refusing to issue a license specific to |
2 | | the evidence presented in mitigation of conviction items |
3 | | that formed the partial or sole basis for the Department's |
4 | | decision; and |
5 | | (5) a summary of the appeal process or the earliest the |
6 | | applicant may reapply for a license, whichever is |
7 | | applicable. |
8 | | (d) No later than May 1 of each year, the Department must |
9 | | prepare, publicly announce, and publish a report of summary |
10 | | statistical information relating to new and renewal license |
11 | | applications during the preceding calendar year. Each report |
12 | | shall show at minimum: |
13 | | (1) the number of applicants for a new or renewal |
14 | | license under this Act within the previous calendar year; |
15 | | (2) the number of applicants for a new or renewal |
16 | | license under this Act within the previous calendar year |
17 | | who had any criminal conviction; |
18 | | (3) the number of applicants for a new or renewal |
19 | | license under this Act in the previous calendar year who |
20 | | were granted a license; |
21 | | (4) the number of applicants for a new or renewal |
22 | | license with a criminal conviction who were granted a |
23 | | license under this Act within the previous calendar year; |
24 | | (5) the number of applicants for a new or renewal |
25 | | license under this Act within the previous calendar year |
26 | | who were denied a license; |
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1 | | (6) the number of applicants for a new or renewal |
2 | | license with a criminal conviction who were denied a |
3 | | license under this Act in the previous calendar year in |
4 | | part or in whole because of a prior conviction; |
5 | | (7) the number of probationary licenses without |
6 | | monitoring issued under this Act in the previous calendar |
7 | | year to applicants with criminal conviction; and |
8 | | (8) the number of probationary licenses with |
9 | | monitoring issued under this Act in the previous calendar |
10 | | year to applicants with criminal conviction.
|
11 | | (225 ILCS 37/35)
|
12 | | (Section scheduled to be repealed on January 1, 2019)
|
13 | | Sec. 35. Grounds for discipline.
|
14 | | (a) The Department may refuse to issue or renew, or may |
15 | | revoke, suspend,
place on probation, reprimand, or take other |
16 | | disciplinary action with regard to
any license issued under |
17 | | this Act as the Department may consider proper,
including the |
18 | | imposition of fines not to exceed $5,000 for each violation, |
19 | | for
any one or combination of the following causes:
|
20 | | (1) Material misstatement in furnishing information to |
21 | | the Department.
|
22 | | (2) Violations of this Act or its rules.
|
23 | | (3) For licensees, conviction Conviction of any felony |
24 | | under the laws of any U.S. jurisdiction, any
misdemeanor an |
25 | | essential element of which is dishonesty, or any crime that |
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1 | | is
directly related to the practice of the profession and, |
2 | | for applicants only, convictions set forth in Section 32 of |
3 | | this Act may be grounds for refusing to issue a license .
|
4 | | (4) Making any misrepresentation for the purpose of |
5 | | obtaining a
certificate of registration.
|
6 | | (5) Professional incompetence.
|
7 | | (6) Aiding or assisting another person in violating any |
8 | | provision of this
Act or its rules.
|
9 | | (7) Failing to provide information within 60 days in |
10 | | response to a written
request made by the Department.
|
11 | | (8) Engaging in dishonorable, unethical, or |
12 | | unprofessional conduct of a
character likely to deceive, |
13 | | defraud, or harm the public as defined by rules of
the |
14 | | Department.
|
15 | | (9) Habitual or excessive use or addiction to alcohol, |
16 | | narcotics,
stimulants, or any other chemical agent or drug |
17 | | that results in an
environmental health practitioner's |
18 | | inability to practice with reasonable
judgment, skill, or |
19 | | safety.
|
20 | | (10) Discipline by another U.S. jurisdiction or |
21 | | foreign nation, if at
least one of the grounds for a |
22 | | discipline is the same or substantially
equivalent to those |
23 | | set forth in this Act.
|
24 | | (11) A finding by the Department that the registrant, |
25 | | after having his or
her license placed on probationary |
26 | | status, has violated the terms of
probation.
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1 | | (12) Willfully making or filing false records or |
2 | | reports in his or her
practice, including, but not limited |
3 | | to, false records filed with State
agencies or departments.
|
4 | | (13) Physical illness, including, but not limited to, |
5 | | deterioration
through the aging process or loss of motor |
6 | | skills that result in the inability
to practice the |
7 | | profession with reasonable judgment, skill, or safety.
|
8 | | (14) Failure to comply with rules promulgated by the
|
9 | | Illinois Department of Public Health or other State |
10 | | agencies related to the
practice of environmental health.
|
11 | | (15) The Department shall deny any application for a |
12 | | license or renewal of
a license under this Act, without |
13 | | hearing, to a person who has defaulted on an
educational |
14 | | loan guaranteed by the Illinois Student Assistance |
15 | | Commission;
however, the Department may issue a license or |
16 | | renewal of a license if the
person in default has |
17 | | established a satisfactory repayment record as determined
|
18 | | by the Illinois Student Assistance
Commission.
|
19 | | (16) Solicitation of professional services by using |
20 | | false or misleading
advertising.
|
21 | | (17) A finding that the license has been applied for or |
22 | | obtained by
fraudulent means.
|
23 | | (18) Practicing or attempting to practice under a name |
24 | | other than the full
name as shown on the license or any |
25 | | other legally authorized name.
|
26 | | (19) Gross overcharging for professional services |
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1 | | including filing
statements for collection of fees or |
2 | | moneys for which services are not
rendered.
|
3 | | (b) The Department may refuse to issue or may suspend the |
4 | | license of any
person who fails to (i) file a return, (ii) pay |
5 | | the tax, penalty, or interest
shown in a filed return; or (iii) |
6 | | pay any final assessment of the tax, penalty,
or interest as |
7 | | required by any tax Act administered by the Illinois Department
|
8 | | of Revenue until the requirements of the tax Act are satisfied.
|
9 | | (c) The determination by a circuit court that a licensee is |
10 | | subject
to involuntary admission or judicial admission to a |
11 | | mental health facility as
provided in the Mental Health and |
12 | | Developmental Disabilities Code operates as
an automatic |
13 | | suspension. The suspension may end only upon a finding by a |
14 | | court
that the licensee is no longer subject to involuntary |
15 | | admission or judicial
admission, the issuance of an order so |
16 | | finding and discharging the patient, and
the recommendation of |
17 | | the Board to the Director that the licensee be allowed to
|
18 | | resume practice.
|
19 | | (d) In enforcing this Section, the Department, upon a |
20 | | showing of a
possible
violation, may compel any person licensed |
21 | | to practice under this Act or who has
applied
for licensure or |
22 | | certification pursuant to this Act to submit to a mental or
|
23 | | physical
examination, or both, as required by and at the |
24 | | expense of the Department. The
examining physicians shall be |
25 | | those specifically
designated by
the Department. The |
26 | | Department may order the examining physician
to present |
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1 | | testimony concerning this mental or
physical
examination of the
|
2 | | licensee or applicant. No information shall be excluded by |
3 | | reason of any
common law or
statutory privilege relating to |
4 | | communications between the licensee or
applicant and the
|
5 | | examining physician. The person to be examined may
have, at his
|
6 | | or her own expense, another physician of his or her
choice
|
7 | | present during all aspects of the examination. Failure of any |
8 | | person to submit
to a mental
or physical examination, when |
9 | | directed, shall be grounds for suspension of a
license until
|
10 | | the person submits to the examination if the Department finds, |
11 | | after notice and
hearing,
that the refusal to submit to the |
12 | | examination was without reasonable cause.
|
13 | | If the Department finds an individual unable to practice |
14 | | because of the
reasons set
forth in this Section, the |
15 | | Department may require that individual to submit to
care,
|
16 | | counseling, or treatment by physicians approved or designated |
17 | | by the
Department, as a
condition, term, or restriction for |
18 | | continued, reinstated, or renewed licensure
to practice
or, in |
19 | | lieu of care, counseling, or treatment, the Department may file |
20 | | a
complaint to
immediately suspend, revoke, or otherwise |
21 | | discipline the license of the
individual.
|
22 | | Any person whose license was granted, continued, |
23 | | reinstated, renewed,
disciplined, or supervised subject to |
24 | | such terms, conditions, or restrictions
and
who fails to comply |
25 | | with such terms, conditions, or restrictions shall be
referred |
26 | | to
the Director for a determination as to whether the person |
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1 | | shall have his or her
license suspended immediately, pending a |
2 | | hearing by the Department.
|
3 | | In instances in which the Director immediately suspends a |
4 | | person's license
under this Section, a hearing on that person's |
5 | | license must be convened by the
Department within 15 days after |
6 | | the suspension and completed without
appreciable delay. The |
7 | | Department shall have the authority to review the
subject
|
8 | | person's record of treatment and counseling regarding the |
9 | | impairment, to the
extent permitted by applicable federal |
10 | | statutes and regulations safeguarding
the
confidentiality of |
11 | | medical records.
|
12 | | A person licensed under this Act and affected under this |
13 | | Section shall be
afforded an opportunity to demonstrate to the |
14 | | Department that he or she can
resume practice in compliance |
15 | | with acceptable and prevailing standards under
the
provisions |
16 | | of his or her license.
|
17 | | (Source: P.A. 92-837, eff. 8-22-02 .)
|
18 | | Section 45. The Massage Licensing Act is amended by |
19 | | changing Sections 15 and 45 and by adding Section 15.1 as |
20 | | follows:
|
21 | | (225 ILCS 57/15)
|
22 | | (Section scheduled to be repealed on January 1, 2022)
|
23 | | Sec. 15. Licensure requirements.
|
24 | | (a) Persons
engaged in massage for
compensation
must be |
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1 | | licensed by the Department. The Department shall issue a |
2 | | license to
an individual who meets all of the following |
3 | | requirements:
|
4 | | (1) The applicant has applied in writing on the |
5 | | prescribed forms and has
paid the
required fees.
|
6 | | (2) The applicant is at least 18 years of age and of |
7 | | good moral character.
In
determining good
moral character, |
8 | | the Department may take into consideration
conviction of |
9 | | any crime under the laws of the United States or any state |
10 | | or
territory
thereof that is a felony or is a misdemeanor |
11 | | or any crime that is directly related
to the practice of |
12 | | the profession and evidence of rehabilitation and |
13 | | mitigating factors set forth in Section 15.1 of this Act .
|
14 | | Such a conviction shall not operate automatically as a |
15 | | complete
bar to a license,
except in the case of any |
16 | | conviction for prostitution, rape, or sexual
misconduct,
|
17 | | or where the applicant is a registered sex offender.
|
18 | | (3) The applicant has met one of the following |
19 | | requirements:
|
20 | | (A) has successfully completed a massage therapy |
21 | | program approved by the Department that requires
a |
22 | | minimum
of 500 hours, except applicants applying on or |
23 | | after January 1, 2014 shall meet a minimum requirement |
24 | | of 600 hours,
and has
passed a
competency examination
|
25 | | approved by the Department;
|
26 | | (B) holds a current license from another |
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1 | | jurisdiction having licensure
requirements that |
2 | | include the completion of a massage therapy program of |
3 | | at least 500 hours; or
|
4 | | (C) (blank).
|
5 | | (b) Each applicant for licensure as a massage therapist |
6 | | shall have his or her fingerprints submitted to the Department |
7 | | of State Police in an electronic format that complies with the |
8 | | form and manner for requesting and furnishing criminal history |
9 | | record information as prescribed by the Department of State |
10 | | Police. These fingerprints shall be checked against the |
11 | | Department of State Police and Federal Bureau of Investigation |
12 | | criminal history record databases now and hereafter filed. The |
13 | | Department of State Police shall charge applicants a fee for |
14 | | conducting the criminal history records check, which shall be |
15 | | deposited into the State Police Services Fund and shall not |
16 | | exceed the actual cost of the records check. The Department of |
17 | | State Police shall furnish, pursuant to positive |
18 | | identification, records of Illinois convictions to the |
19 | | Department. The Department may require applicants to pay a |
20 | | separate fingerprinting fee, either to the Department or to a |
21 | | vendor. The Department, in its discretion, may allow an |
22 | | applicant who does not have reasonable access to a designated |
23 | | vendor to provide his or her fingerprints in an alternative |
24 | | manner. The Department may adopt any rules necessary to |
25 | | implement this Section.
|
26 | | (Source: P.A. 97-514, eff. 8-23-11.)
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1 | | (225 ILCS 57/15.1 new) |
2 | | Sec. 15.1. Applicant convictions. |
3 | | (a) The Department shall not require the applicant to |
4 | | report the following information and shall not consider the |
5 | | following criminal history records in connection with an |
6 | | application for licensure: |
7 | | (1) Juvenile adjudications of delinquent minors as |
8 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
9 | | subject to the restrictions set forth in Section 5-130 of |
10 | | the Juvenile Court Act of 1987. |
11 | | (2) Law enforcement records, court records, and |
12 | | conviction records of an individual who was 17 years old at |
13 | | the time of the offense and before January 1, 2014, unless |
14 | | the nature of the offense required the individual to be |
15 | | tried as an adult. |
16 | | (3) Records of arrest not followed by a conviction |
17 | | unless related to the practice of the profession. However, |
18 | | applicants shall not be asked to report any arrests, and, |
19 | | an arrest not followed by a conviction shall not be the |
20 | | basis of a denial and may be used only to assess an |
21 | | applicant's rehabilitation. |
22 | | (4) Convictions overturned by a higher court. |
23 | | (5) Convictions or arrests that have been sealed or |
24 | | expunged. |
25 | | (b) No application for any license under this Act shall be |
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1 | | denied by reason of a finding of lack of "good moral character" |
2 | | when the finding is based upon the fact that the applicant has |
3 | | previously been convicted of one or more criminal offenses. |
4 | | When reviewing, for the purpose of determining moral character |
5 | | or licensure, a conviction of any felony or a misdemeanor |
6 | | directly related to the practice of the profession, except of |
7 | | an offense related to prostitution, rape, or sexual misconduct, |
8 | | or where the applicant is a registered sex offender, by plea of |
9 | | guilty or nolo contendere, finding of guilt, jury verdict, or |
10 | | entry of judgment or by sentencing of an applicant, the |
11 | | Department shall consider any evidence of rehabilitation and |
12 | | mitigating factors contained in the applicant's record, |
13 | | including any of the following: |
14 | | (1) the lack of direct relation of the offense for |
15 | | which the applicant was previously convicted to the duties, |
16 | | functions, and responsibilities of the position for which a |
17 | | license is sought; |
18 | | (2) Whether 5 years since a felony conviction not |
19 | | involving prostitution, rape, or sexual misconduct, or |
20 | | requiring registration as a sex offender, or 3 years since |
21 | | release from confinement for the conviction, whichever is |
22 | | later, have passed without a subsequent conviction; |
23 | | (3) if the applicant was previously licensed or |
24 | | employed in this State or other state or jurisdictions, |
25 | | then the lack of prior misconduct arising from or related |
26 | | to the licensed position or position of employment; |
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1 | | (4) the age of the person at the time of the criminal |
2 | | offense; |
3 | | (5) successful completion of sentence and, for |
4 | | applicants serving a term of parole or probation, a |
5 | | progress report provided by the applicant's probation or |
6 | | parole officer that documents the applicant's compliance |
7 | | with conditions of supervision; |
8 | | (6) evidence of the applicant's present fitness and |
9 | | professional character; |
10 | | (7) evidence of rehabilitation or rehabilitative |
11 | | effort during or after incarceration, or during or after a |
12 | | term of supervision, including, but not limited to, a |
13 | | certificate of good conduct under Section 5-5.5-25 of the |
14 | | Unified Code of Corrections or a certificate of relief from |
15 | | disabilities under Section 5-5.5-10 of the Unified Code of |
16 | | Corrections; and |
17 | | (8) any other mitigating factors that contribute to the |
18 | | person's potential and current ability to perform the |
19 | | duties and responsibilities of the position for which a |
20 | | license or employment is sought. |
21 | | (c) It is the affirmative obligation of the Department to |
22 | | demonstrate that a prior conviction would impair the ability of |
23 | | the applicant to engage in the licensed practice. If the |
24 | | Department refuses to issue a license to an applicant, then the |
25 | | Department shall notify the applicant of the denial in writing |
26 | | with the following included in the notice of denial: |
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1 | | (1) a statement about the decision to refuse to issue a |
2 | | license; |
3 | | (2) a list of the conviction items that formed the sole |
4 | | or partial basis for the refusal to issue a license; |
5 | | (3) a list of the mitigating evidence presented by the |
6 | | applicant; |
7 | | (4) reasons for refusing to issue a license specific to |
8 | | the evidence presented in mitigation of conviction items |
9 | | that formed the partial or sole basis for the Department's |
10 | | decision; and |
11 | | (5) a summary of the appeal process or the earliest the |
12 | | applicant may reapply for a license, whichever is |
13 | | applicable. |
14 | | (d) No later than May 1 of each year, the Department must |
15 | | prepare, publicly announce, and publish a report of summary |
16 | | statistical information relating to new and renewal license |
17 | | applications during the preceding calendar year. Each report |
18 | | shall show at minimum: |
19 | | (1) the number of applicants for a new or renewal |
20 | | license under this Act within the previous calendar year; |
21 | | (2) the number of applicants for a new or renewal |
22 | | license under this Act within the previous calendar year |
23 | | who had any criminal conviction; |
24 | | (3) the number of applicants for a new or renewal |
25 | | license under this Act in the previous calendar year who |
26 | | were granted a license; |
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1 | | (4) the number of applicants for a new or renewal |
2 | | license with a criminal conviction who were granted a |
3 | | license under this Act within the previous calendar year; |
4 | | (5) the number of applicants for a new or renewal |
5 | | license under this Act within the previous calendar year |
6 | | who were denied a license; |
7 | | (6) the number of applicants for a new or renewal |
8 | | license with a criminal conviction who were denied a |
9 | | license under this Act in the previous calendar year in |
10 | | part or in whole because of a prior conviction; |
11 | | (7) the number of probationary licenses without |
12 | | monitoring issued under this Act in the previous calendar |
13 | | year to applicants with criminal conviction; and |
14 | | (8) the number of probationary licenses with |
15 | | monitoring issued under this Act in the previous calendar |
16 | | year to applicants with criminal conviction.
|
17 | | (225 ILCS 57/45)
|
18 | | (Section scheduled to be repealed on January 1, 2022)
|
19 | | Sec. 45. Grounds for discipline.
|
20 | | (a) The Department may refuse to issue or renew, or may |
21 | | revoke, suspend,
place
on
probation, reprimand, or take other |
22 | | disciplinary or non-disciplinary action, as the Department
|
23 | | considers appropriate,
including the imposition of fines not to |
24 | | exceed $10,000 for each violation, with
regard to any license |
25 | | or licensee
for any one or more of the following:
|
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1 | | (1) violations of this Act or of the rules adopted |
2 | | under this Act;
|
3 | | (2) for licensees, conviction by plea of guilty or nolo |
4 | | contendere, finding of guilt, jury verdict, or entry of |
5 | | judgment or by sentencing of any crime, including, but not |
6 | | limited to, convictions, preceding sentences of |
7 | | supervision, conditional discharge, or first offender |
8 | | probation, under the laws of any jurisdiction of the United |
9 | | States: (i) that is a felony; or (ii) that is a |
10 | | misdemeanor, an essential element of which is dishonesty, |
11 | | or that is directly related to the practice of the |
12 | | profession ; for applicants, provisions set forth in |
13 | | Section 15.1 apply ;
|
14 | | (3) professional incompetence;
|
15 | | (4) advertising in a false, deceptive, or misleading |
16 | | manner; |
17 | | (5) aiding, abetting, assisting, procuring, advising, |
18 | | employing, or contracting with any unlicensed person to |
19 | | practice massage contrary to any rules or provisions of |
20 | | this Act; |
21 | | (6) engaging in immoral conduct in the commission of |
22 | | any act, such as
sexual abuse, sexual misconduct, or sexual |
23 | | exploitation, related to the
licensee's practice;
|
24 | | (7) engaging in dishonorable, unethical, or |
25 | | unprofessional conduct of a
character
likely to deceive, |
26 | | defraud, or harm the public;
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1 | | (8) practicing or offering to practice beyond the scope |
2 | | permitted by law
or
accepting and performing professional |
3 | | responsibilities which the licensee knows
or has reason to
|
4 | | know that he or she is not competent to perform;
|
5 | | (9) knowingly delegating professional responsibilities |
6 | | to a person
unqualified by
training, experience, or |
7 | | licensure to perform;
|
8 | | (10) failing to provide information in response to a |
9 | | written request made
by the
Department within 60 days;
|
10 | | (11) having a habitual or excessive use of or addiction |
11 | | to alcohol,
narcotics,
stimulants, or
any other chemical |
12 | | agent or drug which results in the inability to practice
|
13 | | with reasonable
judgment, skill, or safety;
|
14 | | (12) having a pattern of practice or other behavior |
15 | | that demonstrates
incapacity
or
incompetence to practice |
16 | | under this Act;
|
17 | | (13) discipline by another state, District of |
18 | | Columbia, territory, or foreign nation, if at least one of |
19 | | the grounds for the discipline is the same or substantially |
20 | | equivalent to those set forth in this Section; |
21 | | (14) a finding by the Department that the licensee, |
22 | | after having his or her license placed on probationary |
23 | | status, has violated the terms of probation; |
24 | | (15) willfully making or filing false records or |
25 | | reports in his or her practice, including, but not limited |
26 | | to, false records filed with State agencies or departments; |
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1 | | (16) making a material misstatement in furnishing |
2 | | information to the
Department or
otherwise making |
3 | | misleading, deceptive, untrue, or fraudulent |
4 | | representations
in violation of this
Act or otherwise in |
5 | | the practice of the profession;
|
6 | | (17) fraud or misrepresentation in applying for or |
7 | | procuring a license under this Act or in connection with |
8 | | applying for renewal of a license under this Act;
|
9 | | (18) inability to practice the profession with |
10 | | reasonable judgment, skill, or safety as a result of |
11 | | physical illness, including, but not limited to, |
12 | | deterioration through the aging process, loss of motor |
13 | | skill, or a mental illness or disability;
|
14 | | (19) charging for professional services not rendered, |
15 | | including filing false statements for the collection of |
16 | | fees for which services are not rendered; |
17 | | (20) practicing under a false or, except as provided by |
18 | | law, an assumed name; or |
19 | | (21) cheating on or attempting to subvert the licensing |
20 | | examination administered under this Act. |
21 | | All fines shall be paid within 60 days of the effective |
22 | | date of the order imposing the fine. |
23 | | (b) A person not licensed under this Act and engaged in the |
24 | | business of offering massage therapy services through others, |
25 | | shall not aid, abet, assist, procure, advise, employ, or |
26 | | contract with any unlicensed person to practice massage therapy |
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1 | | contrary to any rules or provisions of this Act. A person |
2 | | violating this subsection (b) shall be treated as a licensee |
3 | | for the purposes of disciplinary action under this Section and |
4 | | shall be subject to cease and desist orders as provided in |
5 | | Section 90 of this Act. |
6 | | (c) The Department shall revoke any license issued under |
7 | | this Act of any person who is convicted of prostitution, rape, |
8 | | sexual misconduct, or any crime that subjects the licensee to |
9 | | compliance with the requirements of the Sex Offender |
10 | | Registration Act and any such conviction shall operate as a |
11 | | permanent bar in the State of Illinois to practice as a massage |
12 | | therapist. |
13 | | (d) The Department may refuse to issue or may suspend the |
14 | | license of any
person who
fails to file a tax return, to pay |
15 | | the tax, penalty, or interest shown in a
filed
tax return, or |
16 | | to pay any final
assessment of tax, penalty, or interest, as |
17 | | required by any tax Act
administered by the Illinois
Department |
18 | | of Revenue, until such time as the requirements of the tax Act |
19 | | are
satisfied in accordance with subsection (g) of Section |
20 | | 2105-15 of the Civil Administrative Code of Illinois.
|
21 | | (e) The Department shall deny a license or renewal |
22 | | authorized by this Act to a person who has defaulted on an |
23 | | educational loan or scholarship provided or guaranteed by the |
24 | | Illinois Student Assistance Commission or any governmental |
25 | | agency of this State in accordance with item (5) of subsection |
26 | | (a) of Section 2105-15 of the Civil Administrative Code of |
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1 | | Illinois. |
2 | | (f) In cases where the Department of Healthcare and Family |
3 | | Services has previously determined that a licensee or a |
4 | | potential licensee is more than 30 days delinquent in the |
5 | | payment of child support and has subsequently certified the |
6 | | delinquency to the Department, the Department may refuse to |
7 | | issue or renew or may revoke or suspend that person's license |
8 | | or may take other disciplinary action against that person based |
9 | | solely upon the certification of delinquency made by the |
10 | | Department of Healthcare and Family Services in accordance with |
11 | | item (5) of subsection (a) of Section 2105-15 of the Civil |
12 | | Administrative Code of Illinois. |
13 | | (g) The determination by a circuit court that a licensee is
|
14 | | subject
to involuntary admission or judicial admission, as |
15 | | provided in the Mental
Health and
Developmental Disabilities |
16 | | Code, operates as an automatic suspension. The
suspension
will |
17 | | end only upon a finding by a court that the patient is no |
18 | | longer
subject to
involuntary admission or judicial admission |
19 | | and the issuance of a court
order so finding
and discharging |
20 | | the patient.
|
21 | | (h) In enforcing this Act, the Department or Board, upon a |
22 | | showing of a
possible violation, may compel an individual |
23 | | licensed to practice under this
Act, or who
has applied for |
24 | | licensure under this Act, to submit to a mental or physical
|
25 | | examination, or
both, as required by and at the expense of the |
26 | | Department. The Department or
Board may
order the examining |
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1 | | physician to present testimony concerning the mental or
|
2 | | physical
examination of the licensee or applicant. No |
3 | | information shall be excluded by
reason of
any common law or |
4 | | statutory privilege relating to communications between the
|
5 | | licensee
or applicant and the examining physician. The |
6 | | examining physicians shall be
specifically
designated by the |
7 | | Board or Department. The individual to be examined may have,
at |
8 | | his
or her own expense, another physician of his or her choice |
9 | | present during all aspects of
this examination. The examination |
10 | | shall be performed by a physician licensed
to practice
medicine |
11 | | in all its branches. Failure of an individual to submit to a |
12 | | mental
or physical
examination, when directed, shall result in |
13 | | an automatic suspension without hearing.
|
14 | | A person holding a license under this Act or who has |
15 | | applied for a license under this Act who, because of a physical |
16 | | or mental illness or disability, including, but not limited to, |
17 | | deterioration through the aging process or loss of motor skill, |
18 | | is unable to practice the profession with reasonable judgment, |
19 | | skill, or safety, may be required by the Department to submit |
20 | | to care, counseling, or treatment by physicians approved or |
21 | | designated by the Department as a condition, term, or |
22 | | restriction for continued, reinstated, or renewed licensure to |
23 | | practice. Submission to care, counseling, or treatment as |
24 | | required by the Department shall not be considered discipline |
25 | | of a license. If the licensee refuses to enter into a care, |
26 | | counseling, or treatment agreement or fails to abide by the |
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1 | | terms of the agreement, the Department may file a complaint to |
2 | | revoke, suspend, or otherwise discipline the license of the |
3 | | individual. The Secretary may order the license suspended |
4 | | immediately, pending a hearing by the Department. Fines shall |
5 | | not be assessed in disciplinary actions involving physical or |
6 | | mental illness or impairment.
|
7 | | In instances in which the Secretary immediately suspends a |
8 | | person's license
under
this Section, a hearing on that person's |
9 | | license must be convened by the
Department
within 15 days after |
10 | | the suspension and completed without appreciable delay.
The
|
11 | | Department and Board shall have the authority to review the |
12 | | subject
individual's record
of treatment and counseling |
13 | | regarding the impairment to the extent permitted by
applicable |
14 | | federal statutes and regulations safeguarding the |
15 | | confidentiality of
medical
records.
|
16 | | An individual licensed under this Act and affected under |
17 | | this Section shall
be
afforded an opportunity to demonstrate to |
18 | | the Department or Board that he or
she can
resume practice in |
19 | | compliance with acceptable and prevailing standards under
the
|
20 | | provisions of his or her license.
|
21 | | (Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
|
22 | | Section 50. The Veterinary Medicine and Surgery Practice |
23 | | Act of 2004 is amended by changing Section 25 and adding |
24 | | Section 8.2 as follows: |
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1 | | (225 ILCS 115/8.2 new) |
2 | | Sec. 8.2. Applicant convictions. |
3 | | (a) The Department shall not require the applicant to |
4 | | report information about the following and shall not consider |
5 | | the following criminal history records in connection with an |
6 | | application for a license or certification under this Act: |
7 | | (1) Juvenile adjudications of delinquent minors as |
8 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
9 | | subject to the restrictions set forth in Section 5-130 of |
10 | | the Juvenile Court Act of 1987. |
11 | | (2) Law enforcement records, court records, and |
12 | | conviction records of an individual who was 17 years old at |
13 | | the time of the offense and before January 1, 2014, unless |
14 | | the nature of the offense required the individual to be |
15 | | tried as an adult. |
16 | | (3) Records of arrest not followed by a conviction |
17 | | unless related to the practice of the profession. However, |
18 | | applicants shall not be asked to report any arrests, and, |
19 | | an arrest not followed by a conviction shall not be the |
20 | | basis of a denial and may be used only to assess an |
21 | | applicant's rehabilitation. |
22 | | (4) Convictions overturned by a higher court. |
23 | | (5) Convictions or arrests that have been sealed or |
24 | | expunged. |
25 | | (b) When determining whether to grant a license or |
26 | | certification to an applicant with a prior conviction of any |
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1 | | felony or a misdemeanor directly related to the practice of the |
2 | | profession, the Department shall consider any evidence of |
3 | | rehabilitation and mitigating factors contained in the |
4 | | applicant's record, including any of the following: |
5 | | (1) the lack of direct relation of the offense for |
6 | | which the applicant was previously convicted to the duties, |
7 | | functions, and responsibilities of the position for which a |
8 | | license or certificate is sought; |
9 | | (2) whether 5 years since a felony conviction or 3 |
10 | | years since release from confinement for the conviction, |
11 | | whichever is later, have passed without a subsequent |
12 | | conviction; |
13 | | (3) if the applicant was previously licensed or |
14 | | employed in this State or other state or jurisdictions, |
15 | | then the lack of prior misconduct arising from or related |
16 | | to the licensed position or position of employment; |
17 | | (4) the age of the person at the time of the criminal |
18 | | offense; |
19 | | (5) successful completion of sentence and, for |
20 | | applicants serving a term of parole or probation, a |
21 | | progress report provided by the applicant's probation or |
22 | | parole officer that documents the applicant's compliance |
23 | | with conditions of supervision; |
24 | | (6) evidence of the applicant's present fitness and |
25 | | professional character; |
26 | | (7) evidence of rehabilitation or rehabilitative |
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1 | | effort during or after incarceration, or during or after a |
2 | | term of supervision, including, but not limited to, a |
3 | | certificate of good conduct under Section 5-5.5-25 of the |
4 | | Unified Code of Corrections or a certificate of relief from |
5 | | disabilities under Section 5-5.5-10 of the Unified Code of |
6 | | Corrections; and |
7 | | (8) any other mitigating factors that contribute to the |
8 | | person's potential and current ability to perform the |
9 | | duties and responsibilities of the position for which a |
10 | | license or employment is sought. |
11 | | (c) It is the affirmative obligation of the Department to |
12 | | demonstrate that a prior conviction would impair the ability of |
13 | | the applicant to engage in the practice requiring a license or |
14 | | certification. If the Department refuses to grant a license or |
15 | | certification to an applicant, then the Department shall notify |
16 | | the applicant of the denial in writing with the following |
17 | | included in the notice of denial: |
18 | | (1) a statement about the decision to refuse to issue a |
19 | | license or certification; |
20 | | (2) a list of the convictions that formed the sole or |
21 | | partial basis for the refusal to issue a license or |
22 | | certification; |
23 | | (3) a list of the mitigating evidence presented by the |
24 | | applicant; |
25 | | (4) reasons for refusing to issue a license or |
26 | | certification specific to the evidence presented in |
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1 | | mitigation of conviction items that formed the partial or |
2 | | sole basis for the Department's decision; and |
3 | | (5) a summary of the appeal process or the earliest the |
4 | | applicant may reapply for a license or certification, |
5 | | whichever is applicable. |
6 | | (d) No later than May 1 of each year, the Department |
7 | | must prepare, publicly announce, and publish a report of |
8 | | summary statistical information relating to new and |
9 | | renewal license applications during the preceding calendar |
10 | | year. Each report shall show at minimum: |
11 | | (1) the number of applicants for a new or renewal |
12 | | license or certification under this Act within the previous |
13 | | calendar year; |
14 | | (2) the number of applicants for a new or renewal |
15 | | license or certification under this Act within the previous |
16 | | calendar year who had any criminal conviction; |
17 | | (3) the number of applicants for a new or renewal |
18 | | license or certification under this Act in the previous |
19 | | calendar year who were granted a license or certification; |
20 | | (4) the number of applicants for a new or renewal |
21 | | license or certification with a criminal conviction who |
22 | | were granted a license or certification under this Act |
23 | | within the previous calendar year; |
24 | | (5) the number of applicants for a new or renewal |
25 | | license or certification under this Act within the previous |
26 | | calendar year who were denied a license or certification; |
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1 | | (6) the number of applicants for new or renewal license |
2 | | or certification with a criminal conviction who were denied |
3 | | a license or certification under this Act in the previous |
4 | | calendar year in part or in whole because of a prior |
5 | | conviction; |
6 | | (7) the number of probationary licenses or |
7 | | certification without monitoring issued under this Act in |
8 | | the previous calendar year to applicants with a criminal |
9 | | conviction; and |
10 | | (8) the number of probationary licenses or |
11 | | certification with monitoring issued under this Act in the |
12 | | previous calendar year to applicants with criminal |
13 | | conviction.
|
14 | | (225 ILCS 115/25) (from Ch. 111, par. 7025)
|
15 | | (Section scheduled to be repealed on January 1, 2024)
|
16 | | Sec. 25. Disciplinary actions.
|
17 | | 1. The Department may refuse to issue or renew, or may |
18 | | revoke,
suspend, place on probation, reprimand, or take other |
19 | | disciplinary or non-disciplinary
action as the Department may |
20 | | deem appropriate, including imposing fines not to
exceed |
21 | | $10,000 for each violation and the assessment of costs as |
22 | | provided for in Section 25.3 of this Act, with regard to any
|
23 | | license or certificate for any one or combination of the |
24 | | following:
|
25 | | A. Material misstatement in furnishing information to |
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1 | | the
Department.
|
2 | | B. Violations of this Act, or of the rules adopted |
3 | | pursuant to this Act.
|
4 | | C. For licensees, conviction Conviction by plea of |
5 | | guilty or nolo contendere, finding of guilt, jury verdict, |
6 | | or entry of judgment or by sentencing of any crime, |
7 | | including, but not limited to, convictions, preceding |
8 | | sentences of supervision, conditional discharge, or first |
9 | | offender probation, under the laws of any jurisdiction of |
10 | | the United States that is (i) a felony or (ii) a |
11 | | misdemeanor, an essential element of which is dishonesty, |
12 | | or that is directly related to the practice of the |
13 | | profession and, for applicants, provisions set forth in |
14 | | Section 8.2 apply .
|
15 | | D. Fraud or any misrepresentation in applying for or |
16 | | procuring a license under this Act or in connection with |
17 | | applying for renewal of a license under this Act.
|
18 | | E. Professional incompetence.
|
19 | | F. Malpractice.
|
20 | | G. Aiding or assisting another person in violating any |
21 | | provision of this
Act or rules.
|
22 | | H. Failing, within 60 days, to provide information in |
23 | | response to a
written request made by the Department.
|
24 | | I. Engaging in dishonorable, unethical, or |
25 | | unprofessional conduct of a
character likely to deceive, |
26 | | defraud, or harm the public.
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1 | | J. Habitual or excessive use or abuse of drugs defined |
2 | | in law as controlled substances, alcohol, or any other |
3 | | substance that results in the inability
to practice with |
4 | | reasonable judgment, skill, or safety.
|
5 | | K. Discipline by another state, unit of government, |
6 | | government agency, District of Columbia, territory, or
|
7 | | foreign nation, if at least one of the grounds for the |
8 | | discipline is the same
or substantially equivalent to those |
9 | | set forth herein.
|
10 | | L. Charging for professional services not rendered, |
11 | | including filing false statements for the collection of |
12 | | fees for which services are not rendered.
|
13 | | M. A finding by the Board that the licensee or |
14 | | certificate holder,
after having his license or |
15 | | certificate placed on probationary status, has
violated |
16 | | the terms of probation.
|
17 | | N. Willfully making or filing false records or reports |
18 | | in his practice,
including but not limited to false records |
19 | | filed with State agencies or
departments.
|
20 | | O. Physical illness, including but not limited to, |
21 | | deterioration through
the aging process, or loss of motor |
22 | | skill which results in the inability
to practice under this |
23 | | Act with reasonable judgment, skill, or safety.
|
24 | | P. Solicitation of professional services other than |
25 | | permitted
advertising.
|
26 | | Q. Allowing one's license under this Act to be used by |
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1 | | an unlicensed person in violation of this Act.
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2 | | R. Conviction of or cash compromise of a charge or |
3 | | violation of the
Harrison Act or the Illinois Controlled |
4 | | Substances Act, regulating narcotics.
|
5 | | S. Fraud or dishonesty in applying, treating, or |
6 | | reporting on
tuberculin or other biological tests.
|
7 | | T. Failing to report, as required by law, or making |
8 | | false report of any
contagious or infectious diseases.
|
9 | | U. Fraudulent use or misuse of any health certificate, |
10 | | shipping
certificate, brand inspection certificate, or |
11 | | other blank forms used in
practice that might lead to the |
12 | | dissemination of disease or the transportation
of diseased |
13 | | animals dead or alive; or dilatory methods, willful |
14 | | neglect, or
misrepresentation in the inspection of milk, |
15 | | meat, poultry, and the by-products
thereof.
|
16 | | V. Conviction on a charge of cruelty to animals.
|
17 | | W. Failure to keep one's premises and all equipment |
18 | | therein in a clean
and sanitary condition.
|
19 | | X. Failure to provide satisfactory proof of having |
20 | | participated in
approved continuing education programs.
|
21 | | Y. Mental illness or disability that results in the |
22 | | inability to practice under this Act with reasonable |
23 | | judgment, skill, or safety.
|
24 | | Z. Conviction by any court of competent jurisdiction, |
25 | | either within or
outside this State, of any violation of |
26 | | any law governing the practice of
veterinary medicine, if |
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1 | | the Department determines, after investigation, that
the |
2 | | person has not been sufficiently rehabilitated to warrant |
3 | | the public trust.
|
4 | | AA. Promotion of the sale of drugs, devices, |
5 | | appliances, or goods provided
for a patient in any manner |
6 | | to exploit the client for financial gain of the
|
7 | | veterinarian.
|
8 | | BB. Gross, willful, or continued overcharging for |
9 | | professional services.
|
10 | | CC. Practicing under a false or, except as provided by |
11 | | law, an assumed
name.
|
12 | | DD. Violating state or federal laws or regulations |
13 | | relating to controlled substances or legend drugs.
|
14 | | EE. Cheating on or attempting to subvert the licensing |
15 | | examination
administered under this Act.
|
16 | | FF. Using, prescribing, or selling a prescription drug |
17 | | or the
extra-label use of a prescription drug by any means |
18 | | in the absence of a valid
veterinarian-client-patient |
19 | | relationship.
|
20 | | GG. Failing to report a case of suspected aggravated |
21 | | cruelty, torture,
or
animal fighting pursuant to Section |
22 | | 3.07 or 4.01 of the Humane Care for
Animals Act or Section |
23 | | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal |
24 | | Code of 2012.
|
25 | | All fines imposed under this Section shall be paid within |
26 | | 60 days after the effective date of the order imposing the fine |
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1 | | or in accordance with the terms set forth in the order imposing |
2 | | the fine. |
3 | | 2. The determination by a circuit court that a licensee or |
4 | | certificate
holder is subject to involuntary admission or |
5 | | judicial admission as provided in
the Mental Health and |
6 | | Developmental Disabilities Code operates as an automatic
|
7 | | suspension. The suspension will end only upon a finding by a |
8 | | court that the
patient is no longer subject to involuntary |
9 | | admission or judicial admission and
issues an order so finding |
10 | | and discharging the patient. In any case where a license is |
11 | | suspended under this provision, the licensee shall file a |
12 | | petition for restoration and shall include evidence acceptable |
13 | | to the Department that the licensee can resume practice in |
14 | | compliance with acceptable and prevailing standards of his or |
15 | | her profession.
|
16 | | 3. All proceedings to suspend, revoke, place on |
17 | | probationary status, or
take any other disciplinary action as |
18 | | the Department may deem proper, with
regard to a license or |
19 | | certificate on any of the foregoing grounds, must be
commenced |
20 | | within 5 years after receipt by the Department of a complaint
|
21 | | alleging the commission of or notice of the conviction order |
22 | | for any of the
acts described in this Section. Except for |
23 | | proceedings brought for violations
of items (CC), (DD), or |
24 | | (EE), no action shall be commenced more than 5 years
after the |
25 | | date of the incident or act alleged to have violated this |
26 | | Section.
In the event of the settlement of any claim or cause |
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1 | | of action in favor of the
claimant or the reduction to final |
2 | | judgment of any civil action in favor of the
plaintiff, the |
3 | | claim, cause of action, or civil action being grounded on the
|
4 | | allegation that a person licensed or certified under this Act |
5 | | was negligent in
providing care, the Department shall have an |
6 | | additional period of one year from
the date of the settlement |
7 | | or final judgment in which to investigate and begin
formal |
8 | | disciplinary proceedings under Section 25.2 of this Act, except |
9 | | as
otherwise provided by law. The time during which the holder |
10 | | of the license or
certificate was outside the State of Illinois |
11 | | shall not be included within any
period of time limiting the |
12 | | commencement of disciplinary action by the
Department.
|
13 | | 4. The Department may refuse to issue or may suspend |
14 | | without hearing, as provided for in the Illinois Code of Civil |
15 | | Procedure,
the license of any person who fails to file a |
16 | | return, to pay the tax, penalty,
or interest
shown in a filed |
17 | | return, or to pay any final assessment of tax, penalty, or
|
18 | | interest as
required by any tax Act administered by the |
19 | | Illinois Department of Revenue, until such
time as
the |
20 | | requirements of any such tax Act are satisfied in accordance |
21 | | with subsection (g) of Section 2105-15 of the Civil |
22 | | Administrative Code of Illinois.
|
23 | | 5. In enforcing this Section, the Department, upon a |
24 | | showing of a possible violation, may compel any individual who |
25 | | is registered under this Act or any individual who has applied |
26 | | for registration to submit to a mental or physical examination |
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1 | | or evaluation, or both, which may include a substance abuse or |
2 | | sexual offender evaluation, at the expense of the Department. |
3 | | The Department shall specifically designate the examining |
4 | | physician licensed to practice medicine in all of its branches |
5 | | or, if applicable, the multidisciplinary team involved in |
6 | | providing the mental or physical examination and evaluation. |
7 | | The multidisciplinary team shall be led by a physician licensed |
8 | | to practice medicine in all of its branches and may consist of |
9 | | one or more or a combination of physicians licensed to practice |
10 | | medicine in all of its branches, licensed chiropractic |
11 | | physicians, licensed clinical psychologists, licensed clinical |
12 | | social workers, licensed clinical professional counselors, and |
13 | | other professional and administrative staff. Any examining |
14 | | physician or member of the multidisciplinary team may require |
15 | | any person ordered to submit to an examination and evaluation |
16 | | pursuant to this Section to submit to any additional |
17 | | supplemental testing deemed necessary to complete any |
18 | | examination or evaluation process, including, but not limited |
19 | | to, blood testing, urinalysis, psychological testing, or |
20 | | neuropsychological testing. |
21 | | The Department may order the examining physician or any |
22 | | member of the multidisciplinary team to provide to the |
23 | | Department any and all records, including business records, |
24 | | that relate to the examination and evaluation, including any |
25 | | supplemental testing performed. The Department may order the |
26 | | examining physician or any member of the multidisciplinary team |
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1 | | to present testimony concerning this examination and |
2 | | evaluation of the registrant or applicant, including testimony |
3 | | concerning any supplemental testing or documents relating to |
4 | | the examination and evaluation. No information, report, |
5 | | record, or other documents in any way related to the |
6 | | examination and evaluation shall be excluded by reason of any |
7 | | common law or statutory privilege relating to communication |
8 | | between the licensee or applicant and the examining physician |
9 | | or any member of the multidisciplinary team. No authorization |
10 | | is necessary from the registrant or applicant ordered to |
11 | | undergo an evaluation and examination for the examining |
12 | | physician or any member of the multidisciplinary team to |
13 | | provide information, reports, records, or other documents or to |
14 | | provide any testimony regarding the examination and |
15 | | evaluation. The individual to be examined may have, at his or |
16 | | her own expense, another physician of his or her choice present |
17 | | during all aspects of the examination. |
18 | | Failure of any individual to submit to mental or physical |
19 | | examination or evaluation, or both, when directed, shall result |
20 | | in an automatic suspension without hearing, until such time as |
21 | | the individual submits to the examination. If the Department |
22 | | finds a registrant unable to practice because of the reasons |
23 | | set forth in this Section, the Department shall require such |
24 | | registrant to submit to care, counseling, or treatment by |
25 | | physicians approved or designated by the Department as a |
26 | | condition for continued, reinstated, or renewed registration. |
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1 | | In instances in which the Secretary immediately suspends a |
2 | | registration under this Section, a hearing upon such person's |
3 | | registration must be convened by the Department within 15 days |
4 | | after such suspension and completed without appreciable delay. |
5 | | The Department shall have the authority to review the |
6 | | registrant's record of treatment and counseling regarding the |
7 | | impairment to the extent permitted by applicable federal |
8 | | statutes and regulations safeguarding the confidentiality of |
9 | | medical records. |
10 | | Individuals registered under this Act who are affected |
11 | | under this Section, shall be afforded an opportunity to |
12 | | demonstrate to the Department that they can resume practice in |
13 | | compliance with acceptable and prevailing standards under the |
14 | | provisions of their registration.
|
15 | | 6. The Department shall deny a license or renewal |
16 | | authorized by this Act to a person who has defaulted on an |
17 | | educational loan or scholarship provided or guaranteed by the |
18 | | Illinois Student Assistance Commission or any governmental |
19 | | agency of this State in accordance with paragraph (5) of |
20 | | subsection (a) of Section 2105-15 of the Civil Administrative |
21 | | Code of Illinois. |
22 | | 7. In cases where the Department of Healthcare and Family |
23 | | Services has previously determined a licensee or a potential |
24 | | licensee is more than 30 days delinquent in the payment of |
25 | | child support and has subsequently certified the delinquency to |
26 | | the Department, the Department may refuse to issue or renew or |
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1 | | may revoke or suspend that person's license or may take other |
2 | | disciplinary action against that person based solely upon the |
3 | | certification of delinquency made by the Department of |
4 | | Healthcare and Family Services in accordance with paragraph (5) |
5 | | of subsection (a) of Section 2105-15 of the Civil |
6 | | Administrative Code of Illinois. |
7 | | (Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
|
8 | | Section 55. The Pyrotechnic
Distributor and
Operator |
9 | | Licensing Act is amended by changing Section 35 and by adding |
10 | | Section 36 as follows:
|
11 | | (225 ILCS 227/35)
|
12 | | Sec. 35. Licensure requirements and fees.
|
13 | | (a) Each application for a license to practice under this |
14 | | Act shall be in
writing and signed by the applicant on forms |
15 | | provided by the Office.
|
16 | | (b) After January 1, 2006, all pyrotechnic displays and |
17 | | pyrotechnic services, both indoor and
outdoor, must comply with |
18 | | the requirements set forth in this Act.
|
19 | | (c) After January 1, 2006, no person may engage in |
20 | | pyrotechnic distribution without first applying for and |
21 | | obtaining a license from the Office. Applicants for a license |
22 | | must submit to the Office the following: |
23 | | (1) A current BATFE license for the type of pyrotechnic |
24 | | service or pyrotechnic display provided. |
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1 | | (2) Proof of $1,000,000 in product liability |
2 | | insurance. |
3 | | (3) Proof of $1,000,000 in general liability insurance |
4 | | that covers the pyrotechnic display or pyrotechnic service |
5 | | provided. |
6 | | (4) Proof of Illinois Workers' Compensation Insurance. |
7 | | (5) A license fee set by the Office. |
8 | | (6) Proof of a current United States Department of |
9 | | Transportation (DOT) Identification Number. |
10 | | (7) Proof of a current USDOT Hazardous Materials |
11 | | Registration Number. |
12 | | (8) Proof of having the requisite knowledge, either |
13 | | through training, examination, or
continuing education, as |
14 | | established by Office rule. |
15 | | (c-3) After January 1, 2010, no production company may |
16 | | provide pyrotechnic displays or pyrotechnic services as part of |
17 | | any production without either (i) obtaining a production |
18 | | company license from the Office under which all pyrotechnic |
19 | | displays and pyrotechnic services are performed by a licensed |
20 | | lead pyrotechnic operator or (ii) hiring a pyrotechnic |
21 | | distributor licensed in accordance with this Act to perform the |
22 | | pyrotechnic displays or pyrotechnic services. Applicants for a |
23 | | production company license must submit to the Office the |
24 | | following: |
25 | | (1) Proof of $2,000,000 in commercial general |
26 | | liability insurance that covers any damage or injury |
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1 | | resulting from the pyrotechnic displays or pyrotechnic |
2 | | services provided. |
3 | | (2) Proof of Illinois Worker's Compensation insurance. |
4 | | (3) A license fee set by the Office. |
5 | | (4) Proof of a current USDOT Identification Number, |
6 | | unless: |
7 | | (A) proof of such is provided by the lead |
8 | | pyrotechnic operator employed by the production |
9 | | company or insured as an additional named insured on |
10 | | the production company's general liability insurance, |
11 | | as required under paragraph (1) of this subsection; or |
12 | | (B) the production company certifies under penalty |
13 | | of perjury that it engages only in flame effects or |
14 | | never transports materials in quantities that require |
15 | | registration with USDOT, or both. |
16 | | (5) Proof of a current USDOT Hazardous Materials |
17 | | Registration Number, unless: |
18 | | (A) proof of such is provided by the lead |
19 | | pyrotechnic operator employed by the production |
20 | | company or insured as an additional named insured on |
21 | | the production company's general liability insurance, |
22 | | as required under paragraph (1) of this subsection; or |
23 | | (B) the production company certifies under penalty |
24 | | of perjury that it engages only in flame effects or |
25 | | never transports materials in quantities that require |
26 | | registration with USDOT, or both. |
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1 | | (6) Identification of the licensed lead pyrotechnic |
2 | | operator employed by the production company or insured as |
3 | | an additional named insured on the production company's |
4 | | general liability insurance, as required under paragraph |
5 | | (1) of this subsection. |
6 | | The insurer shall not cancel the insured's coverage or |
7 | | remove any additional named insured or additional insured from |
8 | | the policy coverage without notifying the Office in writing at |
9 | | least 15 days before cancellation. |
10 | | (c-5) After January 1, 2006, no individual may act as a |
11 | | lead operator in a
pyrotechnic display without first applying |
12 | | for and obtaining a lead pyrotechnic
operator's
license from |
13 | | the Office. The Office shall establish separate licenses for
|
14 | | lead pyrotechnic
operators for indoor and outdoor pyrotechnic |
15 | | displays. Applicants for a
license must:
|
16 | | (1) Pay the fees set by the Office.
|
17 | | (2) Have the requisite training or continuing |
18 | | education as
established
in the Office's rules.
|
19 | | (3) (Blank).
|
20 | | (d) A person is qualified to receive a license under this |
21 | | Act if
the person
meets all of the following minimum |
22 | | requirements:
|
23 | | (1) Is at least 21 years of age.
|
24 | | (2) Has not willfully violated any provisions of this |
25 | | Act.
|
26 | | (3) Has not made any material misstatement or knowingly |
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1 | | withheld
information in connection with any original or |
2 | | renewal application.
|
3 | | (4) Has not been declared incompetent by any competent |
4 | | court by
reasons of mental or physical defect or disease |
5 | | unless a court has since
declared
the person competent.
|
6 | | (5) Does not have an addiction to or dependency on |
7 | | alcohol or drugs that
is likely to endanger the public at a |
8 | | pyrotechnic display.
|
9 | | (6) If convicted Has not been convicted in any |
10 | | jurisdiction of any felony within the
prior 5 years , has |
11 | | been sufficiently rehabilitated following the conviction .
|
12 | | (7) Is not a fugitive from justice. |
13 | | (8) Has, or has applied for, a BATFE explosives license |
14 | | or a Letter of Clearance from the BATFE.
|
15 | | (9) If a lead pyrotechnic operator is employed by a |
16 | | political subdivision of the State or by a licensed |
17 | | production company or is insured as an additional named |
18 | | insured on the production company's general liability |
19 | | insurance, as required under paragraph (1) of subsection |
20 | | (c-3) of this Section, he or she shall have a BATFE license |
21 | | for the pyrotechnic services or pyrotechnic display |
22 | | provided.
|
23 | | (10) If a production company has not provided proof of |
24 | | a current USDOT Identification Number and a current USDOT |
25 | | Hazardous Materials Registration Number, as required by |
26 | | paragraphs (5) and (6) of subsection (c-3) of this Section, |
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1 | | then the lead pyrotechnic operator employed by the |
2 | | production company or insured as an additional named |
3 | | insured on the production company's general liability |
4 | | insurance, as required under paragraph (1) of subsection |
5 | | (c-3) of this Section, shall provide such proof to the |
6 | | Office. |
7 | | (e) A person is qualified to assist a lead pyrotechnic |
8 | | operator if the person meets
all of the
following minimum |
9 | | requirements:
|
10 | | (1) Is at least 18 years of age.
|
11 | | (2) Has not willfully violated any provision of this |
12 | | Act.
|
13 | | (3) Has not been declared incompetent by any competent |
14 | | court by reasons
of mental or physical defect or disease |
15 | | unless a court has since declared the
person
competent.
|
16 | | (4) Does not have an addiction to or dependency on |
17 | | alcohol or drugs that
is likely to endanger the public at a |
18 | | pyrotechnic display.
|
19 | | (5) If convicted Has not been convicted in any |
20 | | jurisdiction of any felony within the
prior 5 years , has |
21 | | been sufficiently rehabilitated following the conviction .
|
22 | | (6) Is not a fugitive from justice.
|
23 | | (7) Is employed as an employee of the licensed |
24 | | pyrotechnic distributor or the licensed production |
25 | | company, or insured as an additional named insured on the |
26 | | pyrotechnic distributor's product liability and general |
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1 | | liability insurance, as required under paragraphs (2) and |
2 | | (3) of subsection (c) of this Section, or insured as an |
3 | | additional named insured on the production company's |
4 | | general liability insurance, as required under paragraph |
5 | | (1) of subsection (c-3) of this Section. |
6 | | (8) Has been registered with the Office by the licensed |
7 | | distributor or the licensed production company on a form |
8 | | provided by the Office prior to the time when the assistant |
9 | | begins work on the pyrotechnic display or pyrotechnic |
10 | | service. |
11 | | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
|
12 | | (225 ILCS 227/36 new) |
13 | | Sec. 36. Applicant convictions. |
14 | | (a) The Office shall not require the applicant to report |
15 | | the following information and shall not consider the following |
16 | | criminal history records in connection with an application for |
17 | | a license under this Act: |
18 | | (1) Juvenile adjudications of delinquent minors as |
19 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
20 | | subject to the restrictions set forth in Section 5-130 of |
21 | | the Juvenile Court Act of 1987. |
22 | | (2) Law enforcement records, court records, and |
23 | | conviction records of an individual who was 17 years old at |
24 | | the time of the offense and before January 1, 2014, unless |
25 | | the nature of the offense required the individual to be |
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1 | | tried as an adult. |
2 | | (3) Records of arrest not followed by a conviction. |
3 | | (4) Convictions overturned by a higher court. |
4 | | (5) Convictions or arrests that have been sealed or |
5 | | expunged. |
6 | | (b) When reviewing, for the purpose of licensure, a |
7 | | conviction of any felony of within the previous five years of |
8 | | the applicant, the Office shall consider any evidence of |
9 | | rehabilitation and mitigating factors contained in the |
10 | | applicant's record, including any of the following: |
11 | | (1) the lack of direct relation of the offense for |
12 | | which the applicant was previously convicted to the duties, |
13 | | functions, and responsibilities of the position for which a |
14 | | license is sought; |
15 | | (2) the amount of time that has elapsed since the |
16 | | offense occurred; |
17 | | (3) if the applicant was previously licensed or |
18 | | employed in this State or other state or jurisdictions, |
19 | | then the lack of prior misconduct arising from or related |
20 | | to the licensed position or position of employment; |
21 | | (4) the age of the person at the time of the criminal |
22 | | offense; |
23 | | (5) successful completion of sentence and, for |
24 | | applicants serving a term of parole or probation, a |
25 | | progress report provided by the applicant's probation or |
26 | | parole officer that documents the applicant's compliance |
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1 | | with conditions of supervision; |
2 | | (6) evidence of the applicant's present fitness and |
3 | | professional character; |
4 | | (7) evidence of rehabilitation or rehabilitative |
5 | | effort during or after incarceration, or during or after a |
6 | | term of supervision, including, but not limited to, a |
7 | | certificate of good conduct under Section 5-5.5-25 of the |
8 | | Unified Code of Corrections or a certificate of relief from |
9 | | disabilities under Section 5-5.5-10 of the Unified Code of |
10 | | Corrections; and |
11 | | (8) any other mitigating factors that contribute to the |
12 | | person's potential and current ability to perform the |
13 | | duties and responsibilities of the specific licensed |
14 | | practice or employment position. |
15 | | (c) It is the affirmative obligation of the Office to |
16 | | demonstrate that a prior conviction would impair the ability of |
17 | | the applicant to engage in the licensed practice. If the Office |
18 | | refuses to issue a license to an applicant, then the applicant |
19 | | shall be notified of the denial in writing with the following |
20 | | included in the notice of denial: |
21 | | (1) a statement about the decision to refuse to issue a |
22 | | license; |
23 | | (2) a list of the convictions that formed the sole or |
24 | | partial basis for the refusal to issue a license; |
25 | | (3) a list of the mitigating evidence presented by the |
26 | | applicant; |
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1 | | (4) reasons for refusing to issue a license specific to |
2 | | the evidence presented in mitigation of conviction items |
3 | | that formed the partial or sole basis for the Office's |
4 | | decision; and |
5 | | (5) a summary of the appeal process or the earliest the |
6 | | applicant may reapply for a license, whichever is |
7 | | applicable. |
8 | | (d) No later than May 1 of each year, the Office must |
9 | | prepare, publicly announce, and publish a report of summary |
10 | | statistical information relating to new and renewal license |
11 | | applications during the preceding calendar year. Each report |
12 | | shall show at minimum: |
13 | | (1) the number of applicants for new or renewal license |
14 | | under this Act within the previous calendar year; |
15 | | (2) the number of applicants for new or renewal license |
16 | | under this Act within the previous calendar year who had |
17 | | any criminal conviction; |
18 | | (3) the number of applicants for new or renewal license |
19 | | under this Act in the previous calendar year who were |
20 | | granted a license; |
21 | | (4) the number of applicants for new or renewal license |
22 | | with a criminal conviction who were granted a license under |
23 | | this Act within the previous calendar year; |
24 | | (5) the number of applicants for new or renewal license |
25 | | under this Act within the previous calendar year who were |
26 | | denied a license; |
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1 | | (6) the number of applicants for new or renewal license |
2 | | with a criminal conviction who were denied a license under |
3 | | this Act in the previous calendar year in whole or in part |
4 | | because of a prior conviction; |
5 | | (7) the number of probationary licenses without |
6 | | monitoring issued under this Act in the previous calendar |
7 | | year to applicants with criminal conviction; and |
8 | | (8) the number of probationary licenses with |
9 | | monitoring issued under this Act in the previous calendar |
10 | | year to applicants with criminal conviction. |
11 | | Section 60. The Solid Waste Site Operator Certification Law |
12 | | is amended by changing Section 1005 and by adding Section |
13 | | 1005-1 as follows:
|
14 | | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
|
15 | | Sec. 1005. Agency authority. The Agency is authorized to |
16 | | exercise
the following functions, powers and duties with |
17 | | respect to solid waste site
operator certification:
|
18 | | (a) To conduct examinations to ascertain the |
19 | | qualifications of applicants
for certificates of competency as |
20 | | solid waste site operators;
|
21 | | (b) To conduct courses of training on the practical aspects |
22 | | of the design,
operation and maintenance of sanitary landfills;
|
23 | | (c) To issue a certificate to any applicant who has |
24 | | satisfactorily met all
the requirements pertaining to a |
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1 | | certificate of competency as a solid waste
site operator;
|
2 | | (d) To suspend, revoke or refuse to issue any certificate |
3 | | for any one or
any combination of the following causes:
|
4 | | (1) The practice of any fraud or deceit in obtaining or |
5 | | attempting to
obtain a certificate of competency;
|
6 | | (2) Negligence or misconduct in the operation of a |
7 | | sanitary landfill;
|
8 | | (3) Repeated failure to comply with any of the |
9 | | requirements applicable
to the operation of a sanitary |
10 | | landfill, except for Board requirements
applicable to the |
11 | | collection of litter;
|
12 | | (4) Repeated violations of federal, State or local |
13 | | laws, regulations,
standards, or ordinances regarding the |
14 | | operation of refuse disposal
facilities or sites;
|
15 | | (5) For the certified, conviction Conviction in this or |
16 | | another State of any crime which is a felony
under the laws |
17 | | of this State or conviction of a felony in a federal court ; |
18 | | for applicants, provisions set forth in Section 1005-1 |
19 | | apply ;
|
20 | | (6) Proof of gross carelessness or incompetence in |
21 | | handling, storing,
processing, transporting, or disposing |
22 | | of any hazardous waste; or
|
23 | | (7) Being declared to be a person under a legal |
24 | | disability by a court
of competent jurisdiction and not |
25 | | thereafter having been lawfully declared
to be a person not |
26 | | under legal disability or to have recovered.
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1 | | (e) To adopt rules necessary to perform its functions, |
2 | | powers, and duties
with respect to solid waste site operator |
3 | | certifications.
|
4 | | (Source: P.A. 86-1363.)
|
5 | | (225 ILCS 230/1005-1 new) |
6 | | Sec. 1005-1. Applicant convictions. |
7 | | (a) The Agency shall not require applicants to report the |
8 | | following information and shall not consider the following |
9 | | criminal history records in connection with an application for |
10 | | certification under this Act: |
11 | | (1) Juvenile adjudications of delinquent minors as |
12 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
13 | | subject to the restrictions set forth in Section 5-130 of |
14 | | the Juvenile Court Act of 1987. |
15 | | (2) Law enforcement records, court records, and |
16 | | conviction records of an individual who was 17 years old at |
17 | | the time of the offense and before January 1, 2014, unless |
18 | | the nature of the offense required the individual to be |
19 | | tried as an adult. |
20 | | (3) Records of arrest not followed by a conviction. |
21 | | (4) Convictions overturned by a higher court. |
22 | | (5) Convictions or arrests that have been sealed or |
23 | | expunged. |
24 | | (b) When reviewing, for the purpose of determining whether |
25 | | to grant a certificate, a conviction of any felony of an |
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1 | | applicant, the Agency shall consider any evidence of |
2 | | rehabilitation and mitigating factors contained in the |
3 | | applicant's record, including any of the following: |
4 | | (1) the lack of direct relation of the offense for |
5 | | which the applicant was previously convicted to the duties, |
6 | | functions, and responsibilities of the position for which |
7 | | certification is sought; |
8 | | (2) whether 5 years since a felony conviction or 3 |
9 | | years since release from confinement for the conviction, |
10 | | whichever is later, have passed without a subsequent |
11 | | conviction; |
12 | | (3) if the applicant was previously licensed or |
13 | | employed in this State or other state or jurisdictions, |
14 | | then the lack of prior misconduct arising from or related |
15 | | to the licensed position or position of employment; |
16 | | (4) the age of the person at the time of the criminal |
17 | | offense; |
18 | | (5) successful completion of sentence and, for |
19 | | applicants serving a term of parole or probation, a |
20 | | progress report provided by the applicant's probation or |
21 | | parole officer that documents the applicant's compliance |
22 | | with conditions of supervision; |
23 | | (6) evidence of the applicant's present fitness and |
24 | | professional character; |
25 | | (7) evidence of rehabilitation or rehabilitative |
26 | | effort during or after incarceration, or during or after a |
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1 | | term of supervision, including, but not limited to, a |
2 | | certificate of good conduct under Section 5-5.5-25 of the |
3 | | Unified Code of Corrections or a certificate of relief from |
4 | | disabilities under Section 5-5.5-10 of the Unified Code of |
5 | | Corrections; and |
6 | | (8) any other mitigating factors that contribute to the |
7 | | person's potential and current ability to perform the |
8 | | duties and responsibilities of the position for which a |
9 | | certificate or employment is sought. |
10 | | (c) It is the affirmative obligation of the Agency to |
11 | | demonstrate that a prior conviction would impair the ability of |
12 | | the applicant to engage in the certified practice. If the |
13 | | Agency refuses to issue a certificate to an applicant, then the |
14 | | Agency shall notify the applicant of the denial in writing with |
15 | | the following included in the notice of denial: |
16 | | (1) a statement about the decision to refuse to grant |
17 | | certification; |
18 | | (2) a list of the conviction items that formed the sole |
19 | | or partial basis for the refusal to issue a certificate; |
20 | | (3) a list of the mitigating evidence presented by the |
21 | | applicant; |
22 | | (4) reasons for refusing to issue a certificate |
23 | | specific to the evidence presented in mitigation of |
24 | | conviction items that formed the partial or sole basis for |
25 | | the Agency's decision; and |
26 | | (5) a summary of the appeal process or the earliest the |
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1 | | applicant may reapply for a certificate, whichever is |
2 | | applicable. |
3 | | (d) No later than May 1 of each year, the Agency must |
4 | | prepare, publicly announce, and publish a report of summary |
5 | | statistical information relating to new and renewal |
6 | | certification applications during the preceding calendar year. |
7 | | Each report shall show at minimum: |
8 | | (1) the number of applicants for new or renewal |
9 | | certification under this Act within the previous calendar |
10 | | year; |
11 | | (2) the number of applicants for new or renewal |
12 | | certification under this Act within the previous calendar |
13 | | year who had any criminal conviction; |
14 | | (3) the number of applicants for new or renewal |
15 | | certification under this Act in the previous calendar year |
16 | | who were granted a license; |
17 | | (4) the number of applicants for new or renewal |
18 | | certification with a criminal conviction who were granted |
19 | | certification under this Act within the previous calendar |
20 | | year; |
21 | | (5) the number of applicants for new or renewal |
22 | | certification under this Act within the previous calendar |
23 | | year who were denied certification; |
24 | | (6) the number of applicants for new or renewal with a |
25 | | criminal conviction who were denied certification under |
26 | | this Act in the previous calendar year in whole or in part |
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1 | | because of a prior conviction; |
2 | | (7) the number of probationary certification without |
3 | | monitoring issued under this Act in the previous calendar |
4 | | year to applicants with criminal conviction; and |
5 | | (8) the number of probationary certification with |
6 | | monitoring issued under this Act in the previous calendar |
7 | | year to applicants with criminal conviction. |
8 | | Section 65. The Interior Design Title Act is amended by |
9 | | changing Section 13 and by adding Section 13.5 as follows:
|
10 | | (225 ILCS 310/13) (from Ch. 111, par. 8213)
|
11 | | (Section scheduled to be repealed on January 1, 2022) |
12 | | Sec. 13. Refusal, revocation or suspension of |
13 | | registration. The Department may refuse to issue, renew, or |
14 | | restore or may revoke, suspend,
place on probation, reprimand |
15 | | or take other disciplinary action as the
Department may deem |
16 | | proper, including fines not to exceed $5,000 for
each |
17 | | violation, with regard to any registration for any one or |
18 | | combination
of the following causes:
|
19 | | (a) Fraud in procuring the certificate of |
20 | | registration.
|
21 | | (b) Habitual intoxication or addiction to the use of |
22 | | drugs.
|
23 | | (c) Making any misrepresentations or false promises, |
24 | | directly or
indirectly, to influence, persuade, or induce |
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1 | | patronage.
|
2 | | (d) Professional connection or association with, or |
3 | | lending his or her name, to
another for illegal use of the |
4 | | title "registered interior designer", or professional |
5 | | connection or association with any person,
firm, or |
6 | | corporation holding itself out in any manner contrary to |
7 | | this Act.
|
8 | | (e) Obtaining or seeking to obtain checks, money, or |
9 | | any other items of
value by false or fraudulent |
10 | | representations.
|
11 | | (f) Use of the title under a name other than his or her |
12 | | own.
|
13 | | (g) Improper, unprofessional, or dishonorable conduct |
14 | | of a character
likely to deceive, defraud, or harm the |
15 | | public.
|
16 | | (h) For licensees, conviction Conviction in this or |
17 | | another state, or federal court, of any crime
which is a |
18 | | felony, if the Department determines, after investigation, |
19 | | that
such person has not been sufficiently rehabilitated to |
20 | | warrant the public
trust. For applicants, provisions set |
21 | | forth in Section 13.5 apply.
|
22 | | (i) A violation of any provision of this Act or its |
23 | | rules.
|
24 | | (j) Revocation by another state, the District of |
25 | | Columbia, territory, or
foreign nation of an interior |
26 | | design or residential interior design
registration if at |
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1 | | least one of the
grounds for that revocation is the same as |
2 | | or the equivalent of one of the
grounds for revocation set |
3 | | forth in this Act.
|
4 | | (k) Mental incompetence as declared by a court of |
5 | | competent jurisdiction.
|
6 | | (l) Being named as a perpetrator in an indicated report |
7 | | by the
Department of Children and Family Services pursuant |
8 | | to the Abused and
Neglected Child Reporting Act, and upon |
9 | | proof by clear and convincing
evidence that the registrant |
10 | | has caused a child to be an abused child or
neglected child |
11 | | as defined in the Abused and Neglected Child Reporting Act.
|
12 | | The Department shall deny a registration or renewal |
13 | | authorized by
this Act to any person who has defaulted on an |
14 | | educational loan guaranteed
by the Illinois Student Assistance |
15 | | Commission; however, the Department may
issue a certificate of |
16 | | registration or renewal if such person has
established a |
17 | | satisfactory repayment record as determined by the
Illinois |
18 | | Student Assistance Commission.
|
19 | | The Department may refuse to issue or may suspend the |
20 | | registration
of any person who fails to file a return, or to |
21 | | pay the tax, penalty, or
interest showing in a filed return, or |
22 | | to pay any final assessment of tax,
penalty, or interest, as |
23 | | required by any tax Act administered by the
Illinois Department |
24 | | of Revenue, until such time as the requirements of any
such tax |
25 | | Act are satisfied.
|
26 | | The entry of a decree by any circuit court establishing |
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1 | | that any person
holding a certificate of registration under |
2 | | this Act is a person subject to
involuntary admission under the |
3 | | Mental Health and Developmental Disabilities
Code shall |
4 | | operate as a suspension of that registration. That person may
|
5 | | resume using the title "registered interior designer" only upon |
6 | | a finding by the Board that he or she has been determined to be |
7 | | no
longer subject to involuntary admission by the court and |
8 | | upon the Board's
recommendation to the Director that he or she |
9 | | be permitted to resume using the title
"registered interior |
10 | | designer".
|
11 | | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
|
12 | | (225 ILCS 310/13.5 new) |
13 | | Sec. 13.5. Applicant convictions. |
14 | | (a) The Department shall not require the applicant to |
15 | | report the following information and shall not consider the |
16 | | following criminal history records in connection with an |
17 | | application for licensure: |
18 | | (1) Juvenile adjudications of delinquent minors as |
19 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
20 | | subject to the restrictions set forth in Section 5-130 of |
21 | | the Juvenile Court Act of 1987. |
22 | | (2) Law enforcement records, court records, and |
23 | | conviction records of an individual who was 17 years old at |
24 | | the time of the offense and before January 1, 2014, unless |
25 | | the nature of the offense required the individual to be |
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1 | | tried as an adult. |
2 | | (3) Records of arrest not followed by a conviction |
3 | | unless related to the practice of the profession. However, |
4 | | applicants shall not be asked to report any arrests, and, |
5 | | an arrest not followed by a conviction shall not be the |
6 | | basis of a denial and may be used only to assess an |
7 | | applicant's rehabilitation. |
8 | | (4) Convictions overturned by a higher court. |
9 | | (5) Convictions or arrests that have been sealed or |
10 | | expunged. |
11 | | (b) When reviewing, for the purpose determining whether to |
12 | | grant a license, a conviction of any felony by plea of guilty |
13 | | or nolo contendere, finding of guilt, jury verdict, or entry of |
14 | | judgment or by sentencing of an applicant, the Department shall |
15 | | consider any evidence of rehabilitation and mitigating factors |
16 | | contained in the applicant's record, including any of the |
17 | | following: |
18 | | (1) the lack of direct relation of the offense for |
19 | | which the applicant was previously convicted to the duties, |
20 | | functions, and responsibilities of the position for which a |
21 | | license is sought; |
22 | | (2) whether 5 years since a felony conviction or 3 |
23 | | years since release from confinement for the conviction, |
24 | | whichever is later, have passed without a subsequent |
25 | | conviction; |
26 | | (3) if the applicant was previously licensed or |
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1 | | employed in this State or other state or jurisdictions, |
2 | | then the lack of prior misconduct arising from or related |
3 | | to the licensed position or position of employment; |
4 | | (4) the age of the person at the time of the criminal |
5 | | offense; |
6 | | (5) successful completion of sentence and, for |
7 | | applicants serving a term of parole or probation, a |
8 | | progress report provided by the applicant's probation or |
9 | | parole officer that documents the applicant's compliance |
10 | | with conditions of supervision; |
11 | | (6) evidence of the applicant's present fitness and |
12 | | professional character; |
13 | | (7) evidence of rehabilitation or rehabilitative |
14 | | effort during or after incarceration, or during or after a |
15 | | term of supervision, including, but not limited to, a |
16 | | certificate of good conduct under Section 5-5.5-25 of the |
17 | | Unified Code of Corrections or a certificate of relief from |
18 | | disabilities under Section 5-5.5-10 of the Unified Code of |
19 | | Corrections; and |
20 | | (8) any other mitigating factors that contribute to the |
21 | | person's potential and current ability to perform the |
22 | | duties and responsibilities of the position for which a |
23 | | license or employment is sought. |
24 | | (c) It is the affirmative obligation of the Department to |
25 | | demonstrate that a prior conviction would impair the ability of |
26 | | the applicant to engage in the licensed practice. If the |
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1 | | Department refuses to issue a license to an applicant, then the |
2 | | Department shall notify the applicant of the denial in writing |
3 | | with the following included in the notice of denial: |
4 | | (1) a statement about the decision to refuse to issue a |
5 | | license; |
6 | | (2) a list of the conviction items that formed the sole |
7 | | or partial basis for the refusal to issue a license; |
8 | | (3) a list of the mitigating evidence presented by the |
9 | | applicant; |
10 | | (4) reasons for refusing to issue a license specific to |
11 | | the evidence presented in mitigation of conviction items |
12 | | that formed the partial or sole basis for the Department's |
13 | | decision; and |
14 | | (5) a summary of the appeal process or the earliest the |
15 | | applicant may reapply for a license, whichever is |
16 | | applicable. |
17 | | (d) No later than May 1 of each year, the Department must |
18 | | prepare, publicly announce, and publish a report of summary |
19 | | statistical information relating to new and renewal license |
20 | | applications during the preceding calendar year. Each report |
21 | | shall show at minimum: |
22 | | (1) the number of applicants for a new or renewal |
23 | | license under this Act within the previous calendar year; |
24 | | (2) the number of applicants for a new or renewal |
25 | | license under this Act within the previous calendar year |
26 | | who had any criminal conviction; |
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1 | | (3) the number of applicants for a new or renewal |
2 | | license under this Act in the previous calendar year who |
3 | | were granted a license; |
4 | | (4) the number of applicants for a new or renewal |
5 | | license with a criminal conviction who were granted a |
6 | | license under this Act within the previous calendar year; |
7 | | (5) the number of applicants for a new or renewal |
8 | | license under this Act within the previous calendar year |
9 | | who were denied a license; |
10 | | (6) the number of applicants for a new or renewal |
11 | | license with a criminal conviction who were denied a |
12 | | license under this Act in the previous calendar year in |
13 | | part or in full because of a prior conviction; |
14 | | (7) the number of probationary licenses without |
15 | | monitoring issued under this Act in the previous calendar |
16 | | year to applicants with criminal conviction; and |
17 | | (8) the number of probationary licenses with |
18 | | monitoring issued under this Act in the previous calendar |
19 | | year to applicants with criminal conviction. |
20 | | Section 70. The Illinois Professional Land Surveyor Act of |
21 | | 1989 is amended by changing Section 27 and by adding Section |
22 | | 12.5 as follows: |
23 | | (225 ILCS 330/12.5 new) |
24 | | Sec. 12.5. Applicant Convictions. |
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1 | | (a) The Department shall not require the applicant to |
2 | | report the following information and shall not consider the |
3 | | following criminal history records in connection with an |
4 | | application for a license under this Act: |
5 | | (1) Juvenile adjudications of delinquent minors as |
6 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
7 | | subject to the restrictions set forth in Section 5-130 of |
8 | | the Juvenile Court Act of 1987. |
9 | | (2) Law enforcement records, court records, and |
10 | | conviction records of an individual who was 17 years old at |
11 | | the time of the offense and before January 1, 2014, unless |
12 | | the nature of the offense required the individual to be |
13 | | tried as an adult. |
14 | | (3) Records of arrest not followed by a conviction |
15 | | unless related to the practice of the profession. However, |
16 | | applicants shall not be asked to report any arrests, and, |
17 | | an arrest not followed by a conviction shall not be the |
18 | | basis of a denial and may be used only to assess an |
19 | | applicant's rehabilitation. |
20 | | (4) Convictions overturned by a higher court. |
21 | | (5) Convictions or arrests that have been sealed or |
22 | | expunged. |
23 | | (b) No applicant for license under this Act shall be denied |
24 | | a license based on a finding of a lack of "good moral |
25 | | character" when a finding is based on the fact that an |
26 | | applicant was previously convicted of a criminal offense or |
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1 | | offenses. When reviewing, for the purpose of determining moral |
2 | | character or whether to grant a license, a conviction of any |
3 | | felony or a misdemeanor directly related to the practice of the |
4 | | profession, the Department shall consider any evidence of |
5 | | rehabilitation and mitigating factors contained in the |
6 | | applicant's record, including any of the following: |
7 | | (1) the lack of direct relation of the offense for |
8 | | which the applicant was previously convicted to the duties, |
9 | | functions, and responsibilities of the position for which a |
10 | | license is sought; |
11 | | (2) whether 5 years since a felony conviction or 3 |
12 | | years since release from confinement for the conviction, |
13 | | whichever is later, have passed without a subsequent |
14 | | conviction; |
15 | | (3) if the applicant was previously licensed or |
16 | | employed in this State or other state or jurisdictions, |
17 | | then the lack of prior misconduct arising from or related |
18 | | to the licensed position or position of employment; |
19 | | (4) the age of the person at the time of the criminal |
20 | | offense; |
21 | | (5) successful completion of sentence and, for |
22 | | applicants serving a term of parole or probation, a |
23 | | progress report provided by the applicant's probation or |
24 | | parole officer that documents the applicant's compliance |
25 | | with conditions of supervision; |
26 | | (6) evidence of the applicant's present fitness and |
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1 | | professional character; |
2 | | (7) evidence of rehabilitation or rehabilitative |
3 | | effort during or after incarceration, or during or after a |
4 | | term of supervision, including, but not limited to, a |
5 | | certificate of good conduct under Section 5-5.5-25 of the |
6 | | Unified Code of Corrections or a certificate of relief from |
7 | | disabilities under Section 5-5.5-10 of the Unified Code of |
8 | | Corrections; and |
9 | | (8) any other mitigating factors that contribute to the |
10 | | person's potential and current ability to perform the |
11 | | duties and responsibilities of the position for which a |
12 | | license or employment is sought. |
13 | | (c) It is the affirmative obligation of the Department to |
14 | | demonstrate that a prior conviction would impair the ability of |
15 | | the applicant to engage in the licensed practice. If the |
16 | | Department refuses to issue a license to an applicant, then the |
17 | | Department shall notify the applicant of the denial in writing |
18 | | with the following included in the notice of denial: |
19 | | (1) a statement about the decision to refuse to issue a |
20 | | license; |
21 | | (2) a list of the conviction items that formed the sole |
22 | | or partial basis for the refusal to issue a license; |
23 | | (3) a list of the mitigating evidence presented by the |
24 | | applicant; |
25 | | (4) reasons for refusing to issue a license specific to |
26 | | the evidence presented in mitigation of conviction items |
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1 | | that formed the partial or sole basis for the Department's |
2 | | decision; and |
3 | | (5) a summary of the appeal process or the earliest the |
4 | | applicant may reapply for a license, whichever is |
5 | | applicable. |
6 | | (d) No later than May 1 of each year, the Department must |
7 | | prepare, publicly announce, and publish a report of summary |
8 | | statistical information relating to new and renewal license |
9 | | applications during the preceding calendar year. Each report |
10 | | shall show at minimum: |
11 | | (1) the number of applicants for a new or renewal |
12 | | license under this Act within the previous calendar year; |
13 | | (2) the number of applicants for a new or renewal |
14 | | license under this Act within the previous calendar year |
15 | | who had any criminal conviction; |
16 | | (3) the number of applicants for a new or renewal |
17 | | license under this Act in the previous calendar year who |
18 | | were granted a license; |
19 | | (4) the number of applicants for a new or renewal |
20 | | license with a criminal conviction who were granted a |
21 | | license under this Act within the previous calendar year; |
22 | | (5) the number of applicants for a new or renewal |
23 | | license under this Act within the previous calendar year |
24 | | who were denied a license; |
25 | | (6) the number of applicants for a new or renewal |
26 | | license with a criminal conviction who were denied a |
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1 | | license under this Act in the previous calendar year in |
2 | | part or in whole because of a prior conviction; |
3 | | (7) the number of probationary licenses without |
4 | | monitoring issued under this Act in the previous calendar |
5 | | year to applicants with criminal conviction; and |
6 | | (8) the number of probationary licenses with |
7 | | monitoring issued under this Act in the previous calendar |
8 | | year to applicants with criminal conviction.
|
9 | | (225 ILCS 330/27) (from Ch. 111, par. 3277)
|
10 | | (Section scheduled to be repealed on January 1, 2020)
|
11 | | Sec. 27. Grounds for disciplinary action.
|
12 | | (a) The Department may refuse to
issue or renew a license,
|
13 | | or may place on probation or administrative supervision, |
14 | | suspend, or revoke any license, or may reprimand or take any |
15 | | disciplinary or non-disciplinary action as the Department may |
16 | | deem proper, including the imposition of fines not to
exceed |
17 | | $10,000 per violation, upon any person, corporation, |
18 | | partnership, or professional land
surveying firm licensed or |
19 | | registered under this Act for any
of the following reasons:
|
20 | | (1) material misstatement in furnishing information to |
21 | | the Department;
|
22 | | (2) violation, including, but not limited to, neglect |
23 | | or intentional
disregard, of this Act, or its rules;
|
24 | | (3) for licensees, conviction of, or entry of a plea of |
25 | | guilty or nolo contendere to, any crime that is a felony |
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1 | | under the laws of the United States or any state or |
2 | | territory thereof or that is a misdemeanor of which an |
3 | | essential element is dishonesty, or any crime that is |
4 | | directly related to the practice of the profession ; for |
5 | | applicants, provisions set forth in Section 12.5 apply ;
|
6 | | (4) making any misrepresentation for the purpose of |
7 | | obtaining a license,
or in applying for restoration or |
8 | | renewal, or the practice of any fraud or
deceit in taking |
9 | | any examination to qualify for licensure under this Act;
|
10 | | (5) purposefully making false statements or signing |
11 | | false statements,
certificates, or affidavits to induce |
12 | | payment;
|
13 | | (6) proof of carelessness, incompetence, negligence, |
14 | | or misconduct in
practicing land surveying;
|
15 | | (7) aiding or assisting another person in violating any |
16 | | provision of
this Act or its rules;
|
17 | | (8) failing to provide information in response to a |
18 | | written request made
by the Department within 30 days after |
19 | | receipt of such written request;
|
20 | | (9) engaging in dishonorable, unethical, or |
21 | | unprofessional conduct of a
character likely to deceive, |
22 | | defraud, or harm the public;
|
23 | | (10) inability to practice with reasonable judgment, |
24 | | skill, or safety as a result of habitual or excessive use |
25 | | of, or addiction to, alcohol, narcotics, stimulants or any |
26 | | other chemical agent or drug;
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1 | | (11) discipline by the United States government, |
2 | | another state, District
of Columbia, territory, foreign |
3 | | nation or government agency if at least
one of the grounds |
4 | | for the discipline is the same or substantially
equivalent |
5 | | to those set forth in this Act;
|
6 | | (12) directly or indirectly giving to or receiving from |
7 | | any person,
firm, corporation, partnership, or association |
8 | | any fee, commission, rebate,
or other form of compensation |
9 | | for any professional services not actually or
personally |
10 | | rendered;
|
11 | | (12.5) issuing a map or plat of survey where the fee |
12 | | for professional
services is contingent on a real estate |
13 | | transaction closing;
|
14 | | (13) a finding by the Department that an applicant or |
15 | | licensee has failed to
pay
a fine imposed by the Department |
16 | | or a licensee whose license has been
placed on probationary |
17 | | status has violated the terms of probation;
|
18 | | (14) practicing on an expired, inactive, suspended, or |
19 | | revoked license;
|
20 | | (15) signing, affixing the Professional Land |
21 | | Surveyor's seal or
permitting the Professional Land |
22 | | Surveyor's seal to be affixed to any map
or plat of survey |
23 | | not prepared by the Professional
Land Surveyor or under the |
24 | | Professional Land Surveyor's direct supervision and
|
25 | | control;
|
26 | | (16)
inability to practice the profession with |
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1 | | reasonable judgment, skill, or
safety as a result of |
2 | | physical illness, including, but not limited to, |
3 | | deterioration through the aging process or loss of motor |
4 | | skill or a mental illness or disability;
|
5 | | (17) (blank); or
|
6 | | (18) failure to adequately supervise or control land |
7 | | surveying
operations being performed by subordinates.
|
8 | | (a-5) In enforcing this Section, the Department or Board, |
9 | | upon a showing of a possible violation, may compel a person |
10 | | licensed to practice under this Act, or who has applied for |
11 | | licensure or certification pursuant to this Act, to submit to a |
12 | | mental or physical examination, or both, as required by and at |
13 | | the expense of the Department. The Department or Board may |
14 | | order the examining physician to present testimony concerning |
15 | | the mental or physical examination of the licensee or |
16 | | applicant. No information shall be excluded by reason of any |
17 | | common law or statutory privilege relating to communications |
18 | | between the licensee or applicant and the examining physician. |
19 | | The examining physicians shall be specifically designated by |
20 | | the Board or Department. The individual to be examined may |
21 | | have, at his or her own expense, another physician of his or |
22 | | her choice present during all aspects of the examination. |
23 | | Failure of an individual to submit to a mental or physical |
24 | | examination when directed shall be grounds for the immediate |
25 | | suspension of his or her license until the individual submits |
26 | | to the examination if the Department finds that the refusal to |
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1 | | submit to the examination was without reasonable cause as |
2 | | defined by rule. |
3 | | If the Secretary immediately suspends the license of a |
4 | | licensee for his or her failure to submit to a mental or |
5 | | physical examination when directed, a hearing must be convened |
6 | | by the Department within 15 days after the suspension and |
7 | | completed without appreciable delay. |
8 | | If the Secretary otherwise suspends a person's license |
9 | | pursuant to the results of a compelled mental or physical |
10 | | examination, a hearing on that person's license must be |
11 | | convened by the Department within 15 days after the suspension |
12 | | and completed without appreciable delay. The Department and |
13 | | Board shall have the authority to review the subject |
14 | | individual's record of treatment and counseling regarding |
15 | | impairment to the extent permitted by applicable federal |
16 | | statutes and regulations safeguarding the confidentiality of |
17 | | medical records. |
18 | | Any licensee suspended under this subsection (a-5) shall be |
19 | | afforded an opportunity to demonstrate to the Department or |
20 | | Board that he or she can resume practice in compliance with the |
21 | | acceptable and prevailing standards under the provisions of his |
22 | | or her license.
|
23 | | (b) The determination by a circuit court that a licensee is |
24 | | subject to
involuntary admission or judicial admission as |
25 | | provided in the Mental
Health and Developmental Disabilities |
26 | | Code, as
now or hereafter amended, operates as an automatic |
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1 | | license suspension. Such
suspension will end only upon a |
2 | | finding by a court that the patient is no
longer subject to |
3 | | involuntary admission or judicial admission and the
issuance of |
4 | | an order so finding and discharging the patient and upon the
|
5 | | recommendation of the Board to the Director that the licensee |
6 | | be allowed to
resume his or her practice.
|
7 | | (c) The Department shall deny a license or renewal |
8 | | authorized by this Act to a person who has defaulted on an |
9 | | educational loan or scholarship provided or guaranteed by the |
10 | | Illinois Student Assistance Commission or any governmental |
11 | | agency of this State in accordance with subdivision (a)(5) of |
12 | | Section 2105-15 of the Department of Professional Regulation |
13 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
14 | | 2105/2105-15). |
15 | | (d) In cases where the Department of Healthcare and Family |
16 | | Services (formerly the Department of Public Aid) has previously |
17 | | determined that a licensee or a potential licensee is more than |
18 | | 30 days delinquent in the payment of child support and has |
19 | | subsequently certified the delinquency to the Department, the |
20 | | Department shall refuse to issue or renew or shall revoke or |
21 | | suspend that person's license or shall take other disciplinary |
22 | | action against that person based solely upon the certification |
23 | | of delinquency made by the Department of Healthcare and Family |
24 | | Services in accordance with subdivision (a)(5) of Section |
25 | | 2105-15 of the Department of Professional Regulation Law of the |
26 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15). |
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1 | | (e) The Department shall refuse to issue or renew or shall |
2 | | revoke or suspend a person's license or shall take other |
3 | | disciplinary action against that person for his or her failure |
4 | | to file a return, to pay the tax, penalty, or interest shown in |
5 | | a filed return, or to pay any final assessment of tax, penalty, |
6 | | or interest as required by any tax Act administered by the |
7 | | Department of Revenue, until such time as the requirements of |
8 | | the tax Act are satisfied in accordance with subsection (g) of |
9 | | Section 2105-15 of the Department of Professional Regulation |
10 | | Law of the Civil Administrative Code of Illinois (20 ILCS |
11 | | 2105/2105-15). |
12 | | (Source: P.A. 98-756, eff. 7-16-14.)
|
13 | | Section 75. The Water Well and Pump Installation |
14 | | Contractor's License Act is amended by changing Section 15 and |
15 | | by adding Section 15.1 as follows:
|
16 | | (225 ILCS 345/15) (from Ch. 111, par. 7116)
|
17 | | (Section scheduled to be repealed on January 1, 2022)
|
18 | | Sec. 15.
The Department may refuse to issue or renew, may |
19 | | suspend or may
revoke a license on any one or more of the |
20 | | following grounds:
|
21 | | (1) Material misstatement in the application for license;
|
22 | | (2) Failure to have or retain the qualifications required |
23 | | by Section 9
of this Act;
|
24 | | (3) Wilful disregard or violation of this Act or of any |
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1 | | rule or
regulation promulgated by the Department pursuant |
2 | | thereto; or disregard or
violation of any law of the state of |
3 | | Illinois or of any rule or regulation
promulgated pursuant |
4 | | thereto relating to water well drilling or the
installation of |
5 | | water pumps and equipment or any rule or regulation adopted
|
6 | | pursuant thereto;
|
7 | | (4) Wilfully aiding or abetting another in the violation of |
8 | | this Act or
any rule or regulation promulgated by the |
9 | | Department pursuant thereto;
|
10 | | (5) Incompetence in the performance of the work of a water |
11 | | well
contractor or of a water well pump installation |
12 | | contractor;
|
13 | | (6) Allowing the use of a license by someone other than the |
14 | | person in
whose name it was issued;
|
15 | | (7) For licensees, conviction Conviction of any crime an |
16 | | essential element of which is
misstatement, fraud or |
17 | | dishonesty, conviction in this or another State of
any crime |
18 | | which is a felony under the laws of this State or the |
19 | | conviction
in a federal court of any felony . ; for applicants, |
20 | | provisions set forth in Section 15.1 apply;
|
21 | | (8) Making substantial misrepresentations or false |
22 | | promises of a
character likely to influence, persuade or induce |
23 | | in connection with the
occupation of a water well contractor or |
24 | | a water well pump installation
contractor.
|
25 | | (Source: P.A. 77-1626 .)
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1 | | (225 ILCS 345/15.1 new) |
2 | | Sec. 15.1. Applicant convictions. |
3 | | (a) The Department shall not require an applicant to |
4 | | provide the following information and shall not consider the |
5 | | following criminal history records in connection with an |
6 | | application for licensure: |
7 | | (1) Juvenile adjudications of delinquent minors as |
8 | | defined in 705 ILCS 405/5-120 subject to the exclusions set |
9 | | forth in 705 ILCS 405/5-130. |
10 | | (2) Law enforcement records, court records, and |
11 | | conviction records of an individual who was 17 years old at |
12 | | the time of the offense and before January 1, 2014, unless |
13 | | the nature of the offense required the individual to be |
14 | | tried as an adult. |
15 | | (3) Records of arrest of an offense unrelated to the |
16 | | practice of the profession and not followed by a |
17 | | conviction. However, applicants shall not be asked to |
18 | | report any arrests, and, any arrest not followed by a |
19 | | conviction shall not be the basis of a denial and may be |
20 | | used only to assess the applicant's rehabilitation. |
21 | | (4) Convictions overturned by a higher court. |
22 | | (5) Convictions or arrests that have been sealed or |
23 | | expunged. |
24 | | (b) When reviewing, for the purpose of determining whether |
25 | | to grant a license, a conviction of any felony of an applicant, |
26 | | the Department shall consider evidence of rehabilitation and |
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1 | | mitigating factors contained in the applicant's record, |
2 | | including the following: |
3 | | (1) the lack of direct relation of the offense for |
4 | | which the applicant was previously convicted to the duties, |
5 | | functions, and responsibilities of the position for which a |
6 | | license is sought; |
7 | | (2) whether 5 years since a felony conviction or 3 |
8 | | years since release from confinement for the conviction, |
9 | | whichever is later, have passed without a subsequent |
10 | | conviction; |
11 | | (3) if the applicant was previously licensed or |
12 | | employed in this State or other state or jurisdictions, |
13 | | then the lack of prior misconduct arising from or related |
14 | | to the licensed position or position of employment; |
15 | | (4) the age of the person at the time of the criminal |
16 | | offense; |
17 | | (5) successful completion of sentence and, for |
18 | | applicants serving a term of parole or probation, a |
19 | | progress report provided by the applicant's probation or |
20 | | parole officer that documents the applicant's compliance |
21 | | with conditions of supervision; |
22 | | (6) evidence of the applicant's present fitness and |
23 | | professional character; |
24 | | (7) evidence of rehabilitation or rehabilitative |
25 | | effort during or after incarceration, or during or after a |
26 | | term of supervision, including, but not limited to, a |
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1 | | certificate of good conduct under Section 5-5.5-25 of the |
2 | | Unified Code of Corrections or a certificate of relief from |
3 | | disabilities under Section 5-5.5-10 of the Unified Code of |
4 | | Corrections; and |
5 | | (8) any other mitigating factors that contribute to the |
6 | | person's potential and current ability to perform the job |
7 | | duties. |
8 | | (c) It is the affirmative obligation of the Department to |
9 | | demonstrate that a prior conviction would impair the ability of |
10 | | the applicant to engage in the licensed practice. If the |
11 | | Department refuses to issue a license to an applicant, then the |
12 | | Department shall notify the applicant of the denial in writing |
13 | | with the following included in the notice of denial: |
14 | | (1) a statement about the decision to refuse to issue a |
15 | | license; |
16 | | (2) a list of the convictions that formed the sole or |
17 | | partial basis for the refusal to issue a license; |
18 | | (3) a list of the mitigating evidence presented by the |
19 | | applicant; |
20 | | (4) reasons for refusing to issue a license specific to |
21 | | the evidence presented in mitigation of conviction items |
22 | | that formed the partial or sole basis for the Department's |
23 | | decision; and |
24 | | (5) a summary of the appeal process or the earliest the |
25 | | applicant may reapply for a license, whichever is |
26 | | applicable. |
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1 | | (d) No later than May 1 of each year, the Department must |
2 | | prepare, publicly announce, and publish a report of summary |
3 | | statistical information relating to new and renewal license |
4 | | applications during the preceding calendar year. Each report |
5 | | shall show at minimum: |
6 | | (1) the number of applicants for a new or renewal |
7 | | license under this Act within the previous calendar year; |
8 | | (2) the number of applicants for a new or renewal |
9 | | license under this Act within the previous calendar year |
10 | | who had any criminal conviction; |
11 | | (3) the number of applicants for a new or renewal |
12 | | license under this Act in the previous calendar year who |
13 | | were granted a license; |
14 | | (4) the number of applicants for a new or renewal |
15 | | license with a criminal conviction who were granted a |
16 | | license under this Act within the previous calendar year; |
17 | | (5) the number of applicants for a new or renewal |
18 | | license under this Act within the previous calendar year |
19 | | who were denied a license; |
20 | | (6) the number of applicants for a new or renewal |
21 | | license with a criminal conviction who were denied a |
22 | | license under this Act in the previous calendar year in |
23 | | part or in full because of a prior conviction; |
24 | | (7) the number of probationary licenses without |
25 | | monitoring issued under this Act in the previous calendar |
26 | | year to applicants with criminal conviction;and
the number |
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1 | | of probationary licenses with monitoring issued under this |
2 | | Act in the previous calendar year to applicants with |
3 | | criminal conviction. |
4 | | Section 80. The Illinois Athlete Agents Act is amended by |
5 | | changing Section 75 and by adding Section 74 as follows: |
6 | | (225 ILCS 401/74 new) |
7 | | Sec. 74. Applicant convictions. |
8 | | (a) The Department shall not require the applicant to |
9 | | report the following information and shall not consider the |
10 | | following criminal history records in connection with an |
11 | | application for licensure: |
12 | | (1) Juvenile adjudications of delinquent minors as |
13 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
14 | | subject to the restrictions set forth in Section 5-130 of |
15 | | the Juvenile Court Act of 1987. |
16 | | (2) Law enforcement records, court records, and |
17 | | conviction records of an individual who was 17 years old at |
18 | | the time of the offense and before January 1, 2014, unless |
19 | | the nature of the offense required the individual to be |
20 | | tried as an adult. |
21 | | (3) Records of arrest not followed by a conviction |
22 | | unless related to the practice of the profession. However, |
23 | | applicants shall not be asked to report any arrests, and, |
24 | | an arrest not followed by a conviction shall not be the |
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1 | | basis of a denial and may be used only to assess an |
2 | | applicant's rehabilitation. |
3 | | (4) Convictions overturned by a higher court. |
4 | | (5) Convictions or arrests that have been sealed or |
5 | | expunged. |
6 | | (b) When reviewing, for the purpose of licensure, a |
7 | | conviction of any misdemeanor directly related to the practice |
8 | | of the profession or of any felony of the applicant, the |
9 | | Department shall consider any evidence of rehabilitation and |
10 | | mitigating factors contained in the applicant's record, |
11 | | including any of the following: |
12 | | (1) the lack of direct relation of the offense for |
13 | | which the applicant was previously convicted to the duties, |
14 | | functions, and responsibilities of the position for which a |
15 | | license is sought; |
16 | | (2) whether 5 years since a felony conviction or 3 |
17 | | years since release from confinement for the conviction, |
18 | | whichever is later, have passed without a subsequent |
19 | | conviction; |
20 | | (3) if the applicant was previously licensed or |
21 | | employed in this State or other state or jurisdictions, |
22 | | then the lack of prior misconduct arising from or related |
23 | | to the licensed position or position of employment; |
24 | | (4) the age of the person at the time of the criminal |
25 | | offense; |
26 | | (5) successful completion of sentence and, for |
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1 | | applicants serving a term of parole or probation, a |
2 | | progress report provided by the applicant's probation or |
3 | | parole officer that documents the applicant's compliance |
4 | | with conditions of supervision; |
5 | | (6) evidence of the applicant's present fitness and |
6 | | professional character; |
7 | | (7) evidence of rehabilitation or rehabilitative |
8 | | effort during or after incarceration, or during or after a |
9 | | term of supervision, including, but not limited to, a |
10 | | certificate of good conduct under Section 5-5.5-25 of the |
11 | | Unified Code of Corrections or a certificate of relief from |
12 | | disabilities under Section 5-5.5-10 of the Unified Code of |
13 | | Corrections; and |
14 | | (8) any other mitigating factors that contribute to the |
15 | | person's potential and current ability to perform the |
16 | | duties and responsibilities of the position for which a |
17 | | license or employment is sought. |
18 | | (c) It is the affirmative obligation of the Department to |
19 | | demonstrate that a prior conviction would impair the ability of |
20 | | the applicant to engage in the licensed practice. If the |
21 | | Department refuses to issue a license to an applicant, then the |
22 | | Department shall notify the applicant of the denial in writing |
23 | | with the following included in the notice of denial: |
24 | | (1) a statement about the decision to refuse to issue a |
25 | | license; |
26 | | (2) a list of the conviction items that formed the sole |
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1 | | or partial basis for the refusal to issue a license; |
2 | | (3) a list of the mitigating evidence presented by the |
3 | | applicant; |
4 | | (4) reasons for refusing to issue a license specific to |
5 | | the evidence presented in mitigation of conviction items |
6 | | that formed the partial or sole basis for the Department's |
7 | | decision; and |
8 | | (5) a summary of the appeal process or the earliest the |
9 | | applicant may reapply for a license, whichever is |
10 | | applicable. |
11 | | (d) No later than May 1 of each year, the Department must |
12 | | prepare, publicly announce, and publish a report of summary |
13 | | statistical information relating to new and renewal license |
14 | | applications during the preceding calendar year. Each report |
15 | | shall show at minimum: |
16 | | (1) the number of applicants for a new or renewal |
17 | | license under this Act within the previous calendar year; |
18 | | (2) the number of applicants for a new or renewal |
19 | | license under this Act within the previous calendar year |
20 | | who had any criminal conviction; |
21 | | (3) the number of applicants for a new or renewal |
22 | | license under this Act in the previous calendar year who |
23 | | were granted a license; |
24 | | (4) the number of applicants for a new or renewal |
25 | | license with a criminal conviction who were granted a |
26 | | license under this Act within the previous calendar year; |
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1 | | (5) the number of applicants for a new or renewal |
2 | | license under this Act within the previous calendar year |
3 | | who were denied a license; |
4 | | (6) the number of applicants for a new or renewal |
5 | | license with a criminal conviction who were denied a |
6 | | license under this Act in the previous calendar year in |
7 | | part or in whole because of a prior conviction; |
8 | | (7) the number of probationary licenses without |
9 | | monitoring issued under this Act in the previous calendar |
10 | | year to applicants with criminal conviction; and |
11 | | (8) the number of probationary licenses with |
12 | | monitoring issued under this Act in the previous calendar |
13 | | year to applicants with criminal conviction. |
14 | | (225 ILCS 401/75)
|
15 | | Sec. 75. Grounds for disciplinary action.
|
16 | | (a) The Department may refuse to issue or renew, or may |
17 | | revoke, suspend, place on probation, reprimand, or take other |
18 | | disciplinary or non-disciplinary action as the Department may |
19 | | deem appropriate, including imposing fines not to exceed |
20 | | $10,000 for each violation, with regard to any license for any |
21 | | one or combination of the following:
|
22 | | (1) Making a material misstatement in furnishing |
23 | | information to the Department.
|
24 | | (2) Violating this Act, or the rules adopted pursuant |
25 | | to this Act.
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1 | | (3) For licensees, conviction Conviction of or entry of |
2 | | a plea of guilty or nolo contendere, finding of guilt, jury |
3 | | verdict, or entry of judgment or by sentencing of any |
4 | | crime, including but not limited to convictions, preceding |
5 | | sentences of supervision, conditional discharge or first |
6 | | offender probation, to any crime that is a felony under the |
7 | | laws of the United States or any state or territory thereof |
8 | | or that is a misdemeanor of which as essential element is |
9 | | dishonesty, or any crime that is directly related to the |
10 | | practice of the profession.
For applicants, provisions set |
11 | | forth in Section 74 of this Act apply. |
12 | | (4) Making any misrepresentation for the purpose of |
13 | | obtaining licensure or violating any provision of this Act |
14 | | or the rules adopted under this Act pertaining to |
15 | | advertising.
|
16 | | (5) Professional incompetence.
|
17 | | (6) Gross malpractice.
|
18 | | (7) Aiding or assisting another person in violating any |
19 | | provision of this Act or rules adopted under this Act.
|
20 | | (8) Failing, within 60 days, to provide information in |
21 | | response to a written request made by the Department.
|
22 | | (9) Engaging in dishonorable, unethical, or |
23 | | unprofessional conduct of a character likely to deceive, |
24 | | defraud, or harm the public.
|
25 | | (10) Inability to practice with reasonable judgment, |
26 | | skill or safety as a result of habitual or excessive use or |
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1 | | addiction to alcohol, narcotics, stimulants or any other |
2 | | chemical agent or drug.
|
3 | | (11) Denial of any application as an athlete agent or |
4 | | discipline by another state, District of Columbia, |
5 | | territory, or foreign nation, if at least one of the |
6 | | grounds for the discipline is the same or substantially |
7 | | equivalent to those set forth in this Section.
|
8 | | (12) A finding by the Department that the licensee, |
9 | | after having his or her license placed on probationary |
10 | | status, has violated the terms of probation.
|
11 | | (13) Willfully making or filing false records or |
12 | | reports in his or her practice, including but not limited |
13 | | to, false records filed with State agencies or departments.
|
14 | | (14) 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 | | (15) Solicitation of professional services other than |
20 | | permitted advertising.
|
21 | | (16) Conviction of or cash compromise of a charge or |
22 | | violation of the Illinois Controlled Substances Act |
23 | | regulating narcotics.
|
24 | | (17) Gross, willful, or continued overcharging for |
25 | | professional services, including filing false statements |
26 | | for collection of fees for which services are not rendered.
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1 | | (18) Practicing under a false or, except as provided by |
2 | | law, an assumed name.
|
3 | | (19) Fraud or misrepresentation in applying for, or |
4 | | procuring, a license under this Act or in connection with |
5 | | applying for renewal of a license under this Act.
|
6 | | (20) Any instance in which the conduct of the applicant |
7 | | or any person named pursuant to item (5) of subsection (a) |
8 | | of Section 45 resulted in the imposition of a sanction, |
9 | | suspension, or declaration of ineligibility to participate |
10 | | in an interscholastic or intercollegiate athletic event on |
11 | | a student-athlete or educational institution.
|
12 | | (21) Any instance in which the conduct of any person |
13 | | named pursuant to item (5) of subsection (a) of Section 45 |
14 | | resulted in the denial of an application as an athlete |
15 | | agent or discipline of a license as an athlete agent by |
16 | | another state, District of Columbia, territory, or foreign |
17 | | nation, if at least one of the grounds for the discipline |
18 | | is the same or substantially equivalent to those set forth |
19 | | in this Section.
|
20 | | (22) Committing any of the activities set forth in |
21 | | subsection (b) of Section 175 of this Act.
|
22 | | (b) A person holding a license under this Act or has |
23 | | applied for licensure under this Act who, because of a physical |
24 | | or mental illness or disability, including but not limited to |
25 | | deterioration through the aging process or loss of motor skill, |
26 | | is unable to practice the profession with reasonable judgment, |
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1 | | skill, or safety may be required by the Department to submit to |
2 | | care, counseling or treatment by physicians approved or |
3 | | designated by the Department as a condition, term or |
4 | | restriction for continued, reinstated or renewed licensure to |
5 | | practice. Submission to care, counseling or treatment as |
6 | | required by the Department shall not be considered discipline |
7 | | of the license. If the licensee refuses to enter into a care, |
8 | | counseling, or treatment agreement or fails to abide by the |
9 | | terms of the agreement, then the Department may file a |
10 | | complaint to suspend, revoke, or otherwise discipline the |
11 | | license of the individual. The Secretary may order the license |
12 | | suspended immediately, pending a hearing by the Department. |
13 | | Fines shall not be assessed in disciplinary actions involving |
14 | | physical or mental illness or impairment.
|
15 | | (c) The determination by a circuit court that a licensee is |
16 | | subject to involuntary admission or judicial admission as |
17 | | provided in the Mental Health and Developmental Disabilities |
18 | | Code, as amended, operates as an automatic suspension. The |
19 | | suspension will end only upon a finding by a court that the |
20 | | licensee is no longer subject to the involuntary admission or |
21 | | judicial admission and issues an order so finding and |
22 | | discharging the licensee; and upon review of the order by the |
23 | | Secretary or his or her designee, the licensee may be allowed |
24 | | to resume his or her practice.
|
25 | | (d) The Department may refuse to issue or may suspend |
26 | | without hearing as provided for in the Code of Civil Procedure |
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1 | | the license of any person who fails to file a return, or to pay |
2 | | the tax, penalty or interest shown in a filed return, or to pay |
3 | | any final assessment of the tax, penalty, or interest as |
4 | | required by any tax Act administered by the Illinois Department |
5 | | of Revenue, until such time as the requirements of any such tax |
6 | | Act are satisfied.
|
7 | | (e) In enforcing this Section, the Department upon a |
8 | | showing of a possible violation may compel an individual |
9 | | licensed to practice under this Act, or who has applied for |
10 | | licensure under this Act, to submit to a mental or physical |
11 | | examination, or both, as required by and at the expense of the |
12 | | Department. The Department may order the examining physician to |
13 | | present testimony concerning the mental or physical |
14 | | examination of the licensee or applicant. No information shall |
15 | | be excluded by reason of any common law or statutory privilege |
16 | | relating to communications between the licensee or applicant |
17 | | and the examining physician. The examining physicians shall be |
18 | | specifically designated by the Department. The individual to be |
19 | | examined may have, at his or her own expense, another physician |
20 | | of his or her choice present during all aspects of this |
21 | | examination. Failure of an individual to submit to a mental or |
22 | | physical examination, when directed, shall be grounds for the |
23 | | immediate suspension of his or her license until the individual |
24 | | submits to the examination if the Department finds that the |
25 | | refusal to submit to the examination was without reasonable |
26 | | cause as defined by rule. |
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1 | | In instances in which the Secretary immediately suspends a |
2 | | person's license for his or her failure to submit to a mental |
3 | | or physical examination, when directed, a hearing on that |
4 | | person's license must be convened by the Department within 15 |
5 | | days after the suspension and completed without appreciable |
6 | | delay. |
7 | | In instances in which the Secretary otherwise suspends a |
8 | | person's license pursuant to the results of a compelled mental |
9 | | or physical examination a hearing on that person's license must |
10 | | be convened by the Department within 15 days after the |
11 | | suspension and completed without appreciable delay. The |
12 | | Department shall have the authority to review the subject |
13 | | individual's record of treatment and counseling regarding the |
14 | | impairment to the extent permitted by applicable federal |
15 | | statutes and regulations safeguarding the confidentiality of |
16 | | medical records.
|
17 | | An individual licensed under this Act and affected under |
18 | | this Section shall be afforded an opportunity to demonstrate to |
19 | | the Department that he or she can resume practice in compliance |
20 | | with acceptable and prevailing standards under the provisions |
21 | | of his or her license.
|
22 | | (Source: P.A. 96-1030, eff. 1-1-11.) |
23 | | Section 85. The Auction License Act is amended by changing |
24 | | Section 20-15 and by adding Section 20-11 as follows: |
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1 | | (225 ILCS 407/20-11 new) |
2 | | Sec. 20-11. Applicant convictions. |
3 | | (a) The Department shall not require the applicant to |
4 | | report information about the following, and shall not consider |
5 | | the following criminal history records in connection with an |
6 | | application for a license under this Act: |
7 | | (1) Juvenile adjudications of delinquent minors as |
8 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
9 | | subject to the restrictions set forth in Section 5-130 of |
10 | | the Juvenile Court Act of 1987. |
11 | | (2) Law enforcement records, court records, and |
12 | | conviction records of an individual who was 17 years old at |
13 | | the time of the offense and before January 1, 2014, unless |
14 | | the nature of the offense required the individual to be |
15 | | tried as an adult. |
16 | | (3) Records of arrest not followed by a conviction |
17 | | unless related to the practice of the profession. However, |
18 | | applicants shall not be asked to report any arrests, and, |
19 | | an arrest not followed by a conviction shall not be the |
20 | | basis of a denial and may be used only to assess an |
21 | | applicant's rehabilitation. |
22 | | (4) Convictions overturned by a higher court. |
23 | | (5) Convictions or arrests that have been sealed or |
24 | | expunged. |
25 | | (b) When reviewing, for the purpose of licensure, an |
26 | | applicant's conviction of any felony or a misdemeanor that is |
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1 | | directly related to the practice of the profession, the |
2 | | Department shall consider any evidence of rehabilitation and |
3 | | mitigating factors contained in the applicant's record, |
4 | | including any of the following: |
5 | | (1) the lack of direct relation of the offense for |
6 | | which the applicant was previously convicted to the duties, |
7 | | functions, and responsibilities of the position for which a |
8 | | license is sought; |
9 | | (2) whether 5 years since a felony conviction or 3 |
10 | | years since release from confinement for the conviction, |
11 | | whichever is later, have passed without a subsequent |
12 | | conviction; |
13 | | (3) if the applicant was previously licensed or |
14 | | employed in this State or other state or jurisdictions, |
15 | | then the lack of prior misconduct arising from or related |
16 | | to the licensed position or position of employment; |
17 | | (4) the age of the person at the time of the criminal |
18 | | offense; |
19 | | (5) successful completion of sentence and, for |
20 | | applicants serving a term of parole or probation, a |
21 | | progress report provided by the applicant's probation or |
22 | | parole officer that documents the applicant's compliance |
23 | | with conditions of supervision; |
24 | | (6) evidence of the applicant's present fitness and |
25 | | professional character; |
26 | | (7) evidence of rehabilitation or rehabilitative |
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1 | | effort during or after incarceration, or during or after a |
2 | | term of supervision, including, but not limited to, a |
3 | | certificate of good conduct under Section 5-5.5-25 of the |
4 | | Unified Code of Corrections or a certificate of relief from |
5 | | disabilities under Section 5-5.5-10 of the Unified Code of |
6 | | Corrections; and |
7 | | (8) any other mitigating factors that contribute to the |
8 | | person's potential and current ability to perform the |
9 | | duties and responsibilities of the position for which a |
10 | | license or employment is sought. |
11 | | (c) It is the affirmative obligation of the Department to |
12 | | demonstrate that a prior conviction would impair the ability of |
13 | | the applicant to engage in the licensed practice. If the |
14 | | Department refuses to issue a license to an applicant, then the |
15 | | Department shall notify the applicant of the denial in writing |
16 | | with the following included in the notice of denial: |
17 | | (1) a statement about the decision to refuse to issue a |
18 | | license; |
19 | | (2) a list of the conviction items that formed the sole |
20 | | or partial basis for the refusal to issue a license; |
21 | | (3) a list of the mitigating evidence presented by the |
22 | | applicant; |
23 | | (4) reasons for refusing to issue a license specific to |
24 | | the evidence presented in mitigation of conviction items |
25 | | that formed the partial or sole basis for the Department's |
26 | | decision; and |
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1 | | (5) a summary of the appeal process or the earliest the |
2 | | applicant may reapply for a license, whichever is |
3 | | applicable. |
4 | | (d) No later than May 1 of each year, the Department must |
5 | | prepare, publicly announce, and publish a report of summary |
6 | | statistical information relating to new and renewal license |
7 | | applications during the preceding calendar year. Each report |
8 | | shall show at minimum: |
9 | | (1) the number of applicants for a new or renewal |
10 | | license under this Act within the previous calendar year; |
11 | | (2) the number of applicants for a new or renewal |
12 | | license under this Act within the previous calendar year |
13 | | who had any criminal conviction; |
14 | | (3) the number of applicants for new or renewal license |
15 | | under this Act in the previous calendar year who were |
16 | | granted a license; |
17 | | (4) the number of applicants with a criminal conviction |
18 | | who were granted a new or renewal license under this Act |
19 | | within the previous calendar year; |
20 | | (5) the number of applicants for a new or renewal |
21 | | license under this Act within the previous calendar year |
22 | | who were denied a license; |
23 | | (6) the number of applicants for new or renewal license |
24 | | with a criminal conviction who were denied a license under |
25 | | this Act in the previous calendar year in part or in whole |
26 | | because of a prior conviction; |
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1 | | (7) the number of probationary licenses without |
2 | | monitoring issued under this Act in the previous calendar |
3 | | year to applicants with criminal convictions; and |
4 | | (8) the number of probationary licenses with |
5 | | monitoring issued under this Act in the previous calendar |
6 | | year to applicants with criminal convictions.
|
7 | | (225 ILCS 407/20-15)
|
8 | | (Section scheduled to be repealed on January 1, 2020)
|
9 | | Sec. 20-15. Disciplinary actions; grounds. The Department |
10 | | may refuse to issue
or renew a
license, may place on probation |
11 | | or administrative supervision, suspend, or
revoke any license |
12 | | or may
reprimand or take other disciplinary or non-disciplinary |
13 | | action as the Department may deem proper, including the |
14 | | imposition of fines not to exceed $10,000 for each violation |
15 | | upon anyone licensed under this Act for any of the following |
16 | | reasons:
|
17 | | (1) False or fraudulent representation or material |
18 | | misstatement in
furnishing
information to the Department |
19 | | in obtaining or seeking to obtain a license.
|
20 | | (2) Violation of any provision of this Act or the rules |
21 | | promulgated
pursuant
to this
Act.
|
22 | | (3) For licensees, conviction Conviction of or entry of |
23 | | a plea of guilty or nolo contendere to any crime that is a |
24 | | felony under the laws of the United States or any state or |
25 | | territory thereof, or that is a misdemeanor, an essential |
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1 | | element of which is dishonesty,
or
any crime that is |
2 | | directly related to the practice of the profession. For |
3 | | applicants, provisions set forth in Section 20-11 apply.
|
4 | | (4) Being adjudged to be a person under legal |
5 | | disability or subject to
involuntary
admission or to meet |
6 | | the standard for judicial admission as provided in the
|
7 | | Mental Health and
Developmental Disabilities Code.
|
8 | | (5) Discipline of a licensee by another state, the |
9 | | District of Columbia, a
territory of
the United States, a |
10 | | foreign nation, a governmental agency, or any other entity
|
11 | | authorized to impose
discipline if at least one of the |
12 | | grounds for that discipline is the same as or
the |
13 | | equivalent to one of
the grounds for discipline set forth |
14 | | in this Act or for failing to report to
the Department, |
15 | | within 30 days,
any adverse final action taken against the |
16 | | licensee by any other licensing
jurisdiction,
government |
17 | | agency, law enforcement agency, or court, or liability for |
18 | | conduct
that would constitute
grounds for action as set |
19 | | forth in this Act.
|
20 | | (6) Engaging in the practice of auctioneering, |
21 | | conducting an auction, or
providing an
auction service |
22 | | without a license or after the license was expired, |
23 | | revoked,
suspended, or terminated
or while the license was |
24 | | inoperative.
|
25 | | (7) Attempting to subvert or cheat on the auctioneer |
26 | | exam or any
continuing
education exam, or aiding or |
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1 | | abetting another to do the same.
|
2 | | (8) Directly or indirectly giving to or receiving from |
3 | | a person, firm,
corporation,
partnership, or association a |
4 | | fee, commission, rebate, or other form of
compensation for |
5 | | professional
service not actually or personally rendered, |
6 | | except that an auctioneer licensed under this Act may |
7 | | receive a fee from another licensed auctioneer from this |
8 | | State or jurisdiction for the referring of a client or |
9 | | prospect for auction services to the licensed auctioneer.
|
10 | | (9) Making any substantial misrepresentation or |
11 | | untruthful advertising.
|
12 | | (10) Making any false promises of a character likely to |
13 | | influence,
persuade,
or
induce.
|
14 | | (11) Pursuing a continued and flagrant course of |
15 | | misrepresentation or the
making of
false promises through a |
16 | | licensee, agent, employee, advertising, or otherwise.
|
17 | | (12) Any misleading or untruthful advertising, or |
18 | | using any trade name or
insignia
of membership in any |
19 | | auctioneer association or organization of which the
|
20 | | licensee is not a member.
|
21 | | (13) Commingling funds of others with his or her own |
22 | | funds or failing to
keep
the
funds of others in an escrow |
23 | | or trustee account.
|
24 | | (14) Failure to account for, remit, or return any |
25 | | moneys, property, or
documents
coming into his or her |
26 | | possession that belong to others, acquired through the
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1 | | practice of
auctioneering, conducting an auction, or |
2 | | providing an auction service within 30
days of the written
|
3 | | request from the owner of said moneys, property, or |
4 | | documents.
|
5 | | (15) Failure to maintain and deposit into a special |
6 | | account, separate and
apart from
any personal or other |
7 | | business accounts, all moneys belonging to others
|
8 | | entrusted to a licensee while
acting as an auctioneer, |
9 | | associate auctioneer, auction firm, or as a temporary
|
10 | | custodian of the funds
of others.
|
11 | | (16) Failure to make available to Department
personnel |
12 | | during normal business
hours
all
escrow and trustee records |
13 | | and related documents maintained in connection with
the |
14 | | practice of
auctioneering, conducting an auction, or |
15 | | providing an auction service within 24
hours after a |
16 | | request
from Department personnel.
|
17 | | (17) Making or filing false records or reports in his |
18 | | or her practice,
including but not
limited to false records |
19 | | or reports filed with State agencies.
|
20 | | (18) Failing to voluntarily furnish copies of all |
21 | | written instruments
prepared by the
auctioneer and signed |
22 | | by all parties to all parties at the time of execution.
|
23 | | (19) Failing to provide information within 30 days in |
24 | | response to a
written
request
made by the Department.
|
25 | | (20) Engaging in any act that constitutes a violation |
26 | | of Section 2-102,
3-103, or
3-105 of the Illinois Human |
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1 | | Rights Act.
|
2 | | (21) (Blank).
|
3 | | (22) Engaging in dishonorable, unethical, or |
4 | | unprofessional conduct of a
character
likely to deceive, |
5 | | defraud, or harm the public.
|
6 | | (23) Offering or advertising real estate for sale or |
7 | | lease at auction
without
a valid
broker or managing |
8 | | broker's license under the Real Estate License Act of 1983, |
9 | | or
any successor Act,
unless exempt from licensure under |
10 | | the terms of the Real Estate License Act of 2000, or any
|
11 | | successor Act, except as provided for in Section 5-32 of |
12 | | the Real Estate License Act of 2000.
|
13 | | (24) Inability to practice the profession with |
14 | | reasonable judgment, skill, or safety as a result of a |
15 | | physical illness, including, but not limited to, |
16 | | deterioration through the aging process or loss of motor |
17 | | skill, or a mental illness or disability. |
18 | | (25) A pattern of practice or other behavior that
|
19 | | demonstrates incapacity or incompetence to practice under |
20 | | this Act. |
21 | | (26) Being named as a perpetrator in an indicated
|
22 | | report by the Department of Children and Family Services |
23 | | under the Abused and Neglected Child Reporting Act and upon |
24 | | proof by clear and convincing evidence that the licensee |
25 | | has caused a child to be an abused child or a neglected |
26 | | child as defined in the Abused and Neglected Child |
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1 | | Reporting Act. |
2 | | (27) Inability to practice with reasonable judgment, |
3 | | skill, or safety as a result of habitual or excessive use |
4 | | or addiction to alcohol, narcotics, stimulants, or any |
5 | | other chemical agent or drug. |
6 | | (28) Wilfully failing to report an instance of
|
7 | | suspected child abuse or neglect as required by the Abused |
8 | | and Neglected Child Reporting Act. |
9 | | The entry of an order by a circuit court establishing that |
10 | | any person holding a license under this Act is subject to |
11 | | involuntary admission or judicial admission, as provided for in |
12 | | the Mental Health and Developmental Disabilities Code, |
13 | | operates as an automatic suspension of that license. That |
14 | | person may have his or her license restored only upon the |
15 | | determination by a circuit court that the patient is no longer |
16 | | subject to involuntary admission or judicial admission and the |
17 | | issuance of an order so finding and discharging the patient and |
18 | | upon the Board's recommendation to the Department that the |
19 | | license be restored. Where circumstances so indicate, the Board |
20 | | may recommend to the Department that it require an examination |
21 | | prior to restoring a suspended license. |
22 | | If the Department or Board finds an individual unable to |
23 | | practice because of the reasons set forth in this Section, the |
24 | | Department or Board may require that individual to submit to |
25 | | care, counseling, or treatment by physicians approved or |
26 | | designated by the Department or Board, as a condition, term, or |
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1 | | restriction for continued, reinstated, or renewed licensure to |
2 | | practice; or, in lieu of care, counseling, or treatment, the |
3 | | Department may file, or the Board may recommend to the |
4 | | Department to file, a complaint to immediately suspend, revoke, |
5 | | or otherwise discipline the license of the individual. An |
6 | | individual whose license was granted, continued, reinstated, |
7 | | renewed, disciplined or supervised subject to such terms, |
8 | | conditions, or restrictions, and who fails to comply with such |
9 | | terms, conditions, or restrictions, shall be referred to the |
10 | | Secretary for a determination as to whether the individual |
11 | | shall have his or her license suspended immediately, pending a |
12 | | hearing by the Department.
In instances in which the Secretary |
13 | | immediately suspends a person's license under this Section, a |
14 | | hearing on that person's license must be convened by the |
15 | | Department within 21 days after the suspension and completed |
16 | | without appreciable delay. The Department and Board shall have |
17 | | the authority to review the subject individual's record of |
18 | | treatment and counseling regarding the impairment to the extent |
19 | | permitted by applicable federal statutes and regulations |
20 | | safeguarding the confidentiality of medical records. |
21 | | An individual licensed under this Act and affected under |
22 | | this Section shall be afforded an opportunity to demonstrate to |
23 | | the Department or Board that he or she can resume practice in |
24 | | compliance with acceptable and prevailing standards under the |
25 | | provisions of his or her license. |
26 | | In enforcing this Section, the Department or Board, upon a |
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1 | | showing of a possible violation, may compel an individual |
2 | | licensed to practice under this Act, or who has applied for |
3 | | licensure under this Act, to submit to a mental or physical |
4 | | examination, or both, as required by and at the expense of the |
5 | | Department. The Department or Board may order the examining |
6 | | physician to present testimony concerning the mental or |
7 | | physical examination of the licensee or applicant. No |
8 | | information shall be excluded by reason of any common law or |
9 | | statutory privilege relating to communications between the |
10 | | licensee or applicant and the examining physician. The |
11 | | examining physicians shall be specifically designated by the |
12 | | Board or Department. The individual to be examined may have, at |
13 | | his or her own expense, another physician of his or her choice |
14 | | present during all aspects of this examination. Failure of an |
15 | | individual to submit to a mental or physical examination when |
16 | | directed shall be grounds for suspension of his or her license |
17 | | until the individual submits to the examination, if the |
18 | | Department finds that, after notice and hearing, the refusal to |
19 | | submit to the examination was without reasonable cause.
|
20 | | (Source: P.A. 98-553, eff. 1-1-14.)
|
21 | | Section 90. The Electrologist Licensing Act is amended by |
22 | | changing Section 75 and by adding Section 76 as follows:
|
23 | | (225 ILCS 412/75)
|
24 | | (Section scheduled to be repealed on January 1, 2024)
|
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1 | | Sec. 75. Grounds for discipline.
|
2 | | (a) The Department may refuse to issue or renew and may
|
3 | | revoke or suspend a license under this Act, and may place on |
4 | | probation,
reprimand, or take other
disciplinary or |
5 | | non-disciplinary action with regard to any licensee
under this |
6 | | Act, as the
Department may consider appropriate, including |
7 | | imposing fines not to exceed $10,000
for each violation and |
8 | | assess costs as provided for under Section 95 of this Act, for |
9 | | one or any combination of the following causes:
|
10 | | (1) Material misstatement in furnishing information to |
11 | | the Department.
|
12 | | (2) Violation of this Act or rules adopted under this |
13 | | Act.
|
14 | | (3) For licensees, conviction Conviction by plea of |
15 | | guilty or nolo contendere, finding of guilt, jury verdict, |
16 | | or entry of judgment or sentencing, including, but not |
17 | | limited to, convictions, preceding sentences of |
18 | | supervision, conditional discharge, or first offender |
19 | | probation, under the laws of any jurisdiction of the United |
20 | | States that is (i) a felony or (ii) a misdemeanor, an |
21 | | essential element of which is dishonesty, or that is |
22 | | directly related to the practice of electrology. For |
23 | | applicants, provisions set forth in Section 76 of this Act |
24 | | apply.
|
25 | | (4) Fraud or misrepresentation in applying for or |
26 | | procuring a license under this Act, or in connection with |
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1 | | applying for renewal of a license under this Act.
|
2 | | (5) Aiding or assisting another person in violating any |
3 | | provision of
this Act or its rules.
|
4 | | (6) Failing to provide information within 60 days in |
5 | | response to a
written request made by the Department.
|
6 | | (7) Engaging in dishonorable, unethical, or |
7 | | unprofessional conduct of a
character likely to deceive, |
8 | | defraud, or harm the public.
|
9 | | (8) Habitual or excessive use or abuse of drugs defined |
10 | | in law as controlled substances, alcohol, or any other |
11 | | substance that results in an
electrologist's
inability to |
12 | | practice with reasonable judgment, skill, or safety.
|
13 | | (9) Discipline by another governmental agency, unit of |
14 | | government, U.S. jurisdiction, or foreign nation if at
|
15 | | least one of the grounds for discipline is the same as or |
16 | | substantially
equivalent to any of those set forth in this |
17 | | Act.
|
18 | | (10) Directly or indirectly giving to or receiving from |
19 | | any person, firm,
corporation, partnership, or association |
20 | | any fee, commission, rebate, or
other form of compensation |
21 | | for any professional services not
actually or personally |
22 | | rendered. Nothing in this paragraph (10) affects any bona |
23 | | fide independent contractor or employment arrangements |
24 | | among health care professionals, health facilities, health |
25 | | care providers, or other entities, except as otherwise |
26 | | prohibited by law. Any employment arrangements with health |
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1 | | care providers may include provisions for compensation, |
2 | | health insurance, pension, or other employment benefits |
3 | | for the provision of services within the scope of the |
4 | | licensee's practice under this Act. Nothing in this |
5 | | paragraph (10) shall be construed to require an employment |
6 | | arrangement to receive professional fees for services |
7 | | rendered.
|
8 | | (11) A finding by the Department that the licensee, |
9 | | after having his or
her
license placed on probationary |
10 | | status, has violated the terms of probation.
|
11 | | (12) Abandonment of a patient.
|
12 | | (13) Willfully making or filing false records or |
13 | | reports in the
licensee's practice, including, but not |
14 | | limited to, false records filed
with State agencies or
|
15 | | departments.
|
16 | | (14) Mental or physical illness or disability, |
17 | | including, but not limited to, deterioration
through the |
18 | | aging process or loss of motor skill that results in the
|
19 | | inability to practice the profession with reasonable |
20 | | judgment, skill,
or safety.
|
21 | | (15) Negligence in his or her practice under this Act.
|
22 | | (16) Use of fraud, deception, or any unlawful means in |
23 | | applying for
and securing a license as an electrologist.
|
24 | | (17) Immoral conduct in the commission of any act, such |
25 | | as sexual abuse,
sexual misconduct, or sexual |
26 | | exploitation, related to the licensee's practice.
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1 | | (18) Failure to comply with standards of sterilization |
2 | | and sanitation as
defined in the rules of the Department.
|
3 | | (19) Charging for professional services not rendered, |
4 | | including filing false statements for the collection of |
5 | | fees for which services are not rendered. |
6 | | (20) Allowing one's license under this Act to be used |
7 | | by an unlicensed person in
violation of this Act. |
8 | | (b) The Department may refuse to issue or renew or may |
9 | | suspend without hearing the
license of any person who fails to |
10 | | file a return, to pay the tax, penalty or
interest
shown in a |
11 | | filed return, or to pay any final assessment of the tax, |
12 | | penalty, or
interest as required by any tax Act administered by |
13 | | the Illinois Department
of Revenue until the requirements of |
14 | | the tax Act are satisfied in accordance with subsection (g) of |
15 | | Section 2105-15 of the Department of
Professional Regulation |
16 | | Law of the Civil Administrative Code of Illinois.
|
17 | | (c) The determination by a circuit court that a licensee is |
18 | | subject to
involuntary admission or judicial admission as |
19 | | provided in the Mental
Health and Developmental Disabilities |
20 | | Code
operates as an automatic suspension. The
suspension will |
21 | | end only upon a finding by a court that the patient is no
|
22 | | longer subject to involuntary admission or judicial admission, |
23 | | the issuance of
an
order so finding and discharging the |
24 | | patient, and the filing of a petition for restoration |
25 | | demonstrating fitness to practice.
|
26 | | (d) In enforcing this Section, the Department, upon a |
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1 | | showing of a possible
violation, may compel any individual who |
2 | | is licensed to practice under this Act or any individual who |
3 | | has applied for licensure to submit to a mental or physical |
4 | | examination and evaluation, or both, that may include a |
5 | | substance abuse or sexual offender evaluation, at the expense |
6 | | of the Department. The Department shall specifically designate |
7 | | the examining physician licensed to practice medicine in all of |
8 | | its branches or, if applicable, the multidisciplinary team |
9 | | involved in providing the mental or physical examination and |
10 | | evaluation, or both. The multidisciplinary team shall be led by |
11 | | a physician licensed to practice medicine in all of its |
12 | | branches and may consist of one or more or a combination of |
13 | | physicians licensed to practice medicine in all of its |
14 | | branches, licensed chiropractic physicians, licensed clinical |
15 | | psychologists, licensed clinical social workers, licensed |
16 | | clinical professional counselors, and other professional and |
17 | | administrative staff. Any examining physician or member of the |
18 | | multidisciplinary team may require any person ordered to submit |
19 | | to an examination and evaluation pursuant to this Section to |
20 | | submit to any additional supplemental testing deemed necessary |
21 | | to complete any examination or evaluation process, including, |
22 | | but not limited to, blood testing, urinalysis, psychological |
23 | | testing, or neuropsychological testing.
|
24 | | The Department may order the examining physician or any |
25 | | member of the multidisciplinary team to provide to the |
26 | | Department any and all records, including business records, |
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1 | | that relate to the examination and evaluation, including any |
2 | | supplemental testing performed. The Department may order the |
3 | | examining physician or any member of the multidisciplinary team |
4 | | to present testimony concerning this examination and |
5 | | evaluation of the licensee, permit holder, or applicant, |
6 | | including testimony concerning any supplemental testing or |
7 | | documents relating to the examination and evaluation. No |
8 | | information, report, record, or other documents in any way |
9 | | related to the examination and evaluation shall be excluded by |
10 | | reason of any common law or statutory privilege relating to |
11 | | communication between the licensee or applicant and the |
12 | | examining physician or any member of the multidisciplinary |
13 | | team. No authorization is necessary from the licensee or |
14 | | applicant ordered to undergo an evaluation and examination for |
15 | | the examining physician or any member of the multidisciplinary |
16 | | team to provide information, reports, records, or other |
17 | | documents or to provide any testimony regarding the examination |
18 | | and evaluation. The individual to be examined may have, at his |
19 | | or her own expense, another physician of his or her choice |
20 | | present during all aspects of the examination. |
21 | | Failure of any individual to submit to mental or physical |
22 | | examination and evaluation, or both, when directed, shall |
23 | | result in an automatic suspension without hearing, until such |
24 | | time as the individual submits to the examination. If the |
25 | | Department finds a licensee unable to practice because of the |
26 | | reasons set forth in this Section, the Department shall require |
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1 | | the licensee to submit to care, counseling, or treatment by |
2 | | physicians approved or designated by the Department as a |
3 | | condition for continued, reinstated, or renewed licensure to |
4 | | practice. |
5 | | When the Secretary immediately suspends a license under |
6 | | this Section, a hearing upon the person's license must be |
7 | | convened by the Department within 15 days after the suspension |
8 | | and completed without appreciable delay. The Department shall |
9 | | have the authority to review the licensee's record of treatment |
10 | | and counseling regarding the impairment to the extent permitted |
11 | | by applicable federal statutes and regulations safeguarding |
12 | | the confidentiality of medical records. |
13 | | Individuals licensed under this Act affected under this |
14 | | Section shall be afforded an opportunity to demonstrate to the |
15 | | Department that they can resume practice in compliance with |
16 | | acceptable and prevailing standards under the provisions of |
17 | | their license. |
18 | | (e) The Department shall deny a license or renewal |
19 | | authorized by this Act to a person who has defaulted on an |
20 | | educational loan or scholarship provided or guaranteed by the |
21 | | Illinois Student Assistance Commission or any governmental |
22 | | agency of this State in accordance with item (5) of subsection |
23 | | (a) of Section 2105-15 of the Department of
Professional |
24 | | Regulation Law of the Civil Administrative Code of Illinois. |
25 | | (f) In cases where the Department of Healthcare and Family |
26 | | Services has previously determined a licensee or a potential |
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1 | | licensee is more than 30 days delinquent in the payment of |
2 | | child support and has subsequently certified the delinquency to |
3 | | the Department, the Department may refuse to issue or renew or |
4 | | may revoke or suspend that person's license or may take other |
5 | | disciplinary action against that person based solely upon the |
6 | | certification of delinquency made by the Department of |
7 | | Healthcare and Family Services in accordance with item (5) of |
8 | | subsection (a) of Section 2105-15 of the Department of |
9 | | Professional Regulation Law of the Civil Administrative Code of |
10 | | Illinois. |
11 | | (g) All fines or costs imposed under this Section shall be |
12 | | paid within 60 days after the effective date of the order |
13 | | imposing the fine or costs or in accordance with the terms set |
14 | | forth in the order imposing the fine.
|
15 | | (Source: P.A. 98-363, eff. 8-16-13.)
|
16 | | (225 ILCS 412/76 new) |
17 | | Sec. 76. Applicant convictions. |
18 | | (a) The Department shall not require the applicant to |
19 | | report the following information and shall not consider the |
20 | | following criminal history records in connection with an |
21 | | application for licensure: |
22 | | (1) Juvenile adjudications of delinquent minors as |
23 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
24 | | subject to the restrictions set forth in Section 5-130 of |
25 | | the Juvenile Court Act of 1987. |
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1 | | (2) Law enforcement records, court records, and |
2 | | conviction records of an individual who was 17 years old at |
3 | | the time of the offense and before January 1, 2014, unless |
4 | | the nature of the offense required the individual to be |
5 | | tried as an adult. |
6 | | (3) Records of arrest not followed by a conviction |
7 | | unless related to the practice of the profession. However, |
8 | | applicants shall not be asked to report any arrests, and, |
9 | | an arrest not followed by a conviction shall not be the |
10 | | basis of a denial and may be used only to assess an |
11 | | applicant's rehabilitation. |
12 | | (4) Convictions overturned by a higher court. |
13 | | (5) Convictions or arrests that have been sealed or |
14 | | expunged. |
15 | | (b) When reviewing, for the purpose of determining whether |
16 | | to grant a license, a conviction of any felony by plea of |
17 | | guilty or nolo contendere, finding of guilt, jury verdict, or |
18 | | entry of judgment or by sentencing of an applicant, the |
19 | | Department shall consider any evidence of rehabilitation and |
20 | | mitigating factors contained in the applicant's record, |
21 | | including any of the following: |
22 | | (1) the lack of direct relation of the offense for |
23 | | which the applicant was previously convicted to the duties, |
24 | | functions, and responsibilities of the position for which a |
25 | | license is sought; |
26 | | (2) whether 5 years since a felony conviction or 3 |
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1 | | years since release from confinement for the conviction, |
2 | | whichever is later, have passed without a subsequent |
3 | | conviction; |
4 | | (3) if the applicant was previously licensed or |
5 | | employed in this State or other state or jurisdictions, |
6 | | then the lack of prior misconduct arising from or related |
7 | | to the licensed position or position of employment; |
8 | | (4) the age of the person at the time of the criminal |
9 | | offense; |
10 | | (5) successful completion of sentence and, for |
11 | | applicants serving a term of parole or probation, a |
12 | | progress report provided by the applicant's probation or |
13 | | parole officer that documents the applicant's compliance |
14 | | with conditions of supervision; |
15 | | (6) evidence of the applicant's present fitness and |
16 | | professional character; |
17 | | (7) evidence of rehabilitation or rehabilitative |
18 | | effort during or after incarceration, or during or after a |
19 | | term of supervision, including, but not limited to, a |
20 | | certificate of good conduct under Section 5-5.5-25 of the |
21 | | Unified Code of Corrections or a certificate of relief from |
22 | | disabilities under Section 5-5.5-10 of the Unified Code of |
23 | | Corrections; and |
24 | | (8) any other mitigating factors that contribute to the |
25 | | person's potential and current ability to perform the |
26 | | duties and responsibilities of the position for which a |
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1 | | license or employment is sought. |
2 | | (c) It is the affirmative obligation of the Department to |
3 | | demonstrate that a prior conviction would impair the ability of |
4 | | the applicant to engage in the licensed practice. If the |
5 | | Department refuses to issue a license to an applicant, then the |
6 | | Department shall notify the applicant of the denial in writing |
7 | | with the following included in the notice of denial: |
8 | | (1) a statement about the decision to refuse to issue a |
9 | | license; |
10 | | (2) a list of the conviction items that formed the sole |
11 | | or partial basis for the refusal to issue a license; |
12 | | (3) a list of the mitigating evidence presented by the |
13 | | applicant; |
14 | | (4) reasons for refusing to issue a license specific to |
15 | | the evidence presented in mitigation of conviction items |
16 | | that formed the partial or sole basis for the Department's |
17 | | decision; and |
18 | | (5) a summary of the appeal process or the earliest the |
19 | | applicant may reapply for a license, whichever is |
20 | | applicable. |
21 | | (d) No later than May 1 of each year, the Department must |
22 | | prepare, publicly announce, and publish a report of summary |
23 | | statistical information relating to new and renewal license |
24 | | applications during the preceding calendar year. Each report |
25 | | shall show at minimum: |
26 | | (1) the number of applicants for a new or renewal |
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1 | | license under this Act within the previous calendar year; |
2 | | (2) the number of applicants for a new or renewal |
3 | | license under this Act within the previous calendar year |
4 | | who had any criminal conviction; |
5 | | (3) the number of applicants for a new or renewal |
6 | | license under this Act in the previous calendar year who |
7 | | were granted a license; |
8 | | (4) the number of applicants for a new or renewal |
9 | | license with a criminal conviction who were granted a |
10 | | license under this Act within the previous calendar year; |
11 | | (5) the number of applicants for a new or renewal |
12 | | license under this Act within the previous calendar year |
13 | | who were denied a license; |
14 | | (6) the number of applicants for a new or renewal |
15 | | license with a criminal conviction who were denied a |
16 | | license under this Act in the previous calendar year in |
17 | | part or in whole because of a prior conviction; |
18 | | (7) the number of probationary licenses without |
19 | | monitoring issued under this Act in the previous calendar |
20 | | year to applicants with criminal conviction; and |
21 | | (8) the number of probationary licenses with |
22 | | monitoring issued under this Act in the previous calendar |
23 | | year to applicants with criminal conviction. |
24 | | Section 95. The Illinois Certified Shorthand Reporters Act |
25 | | of 1984 is amended by changing Sections 11 and 23 and by adding |
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1 | | Section 11.1 as follows:
|
2 | | (225 ILCS 415/11) (from Ch. 111, par. 6211)
|
3 | | (Section scheduled to be repealed on January 1, 2024)
|
4 | | Sec. 11. Qualifications; application. A person shall be |
5 | | qualified for certification as a certified
shorthand reporter |
6 | | if:
|
7 | | A. That person has applied in writing in form and substance |
8 | | to the
Department; and
|
9 | | (1) (Blank);
|
10 | | (2) Is of good moral character, the determination of |
11 | | which , when based on a prior felony conviction, shall be |
12 | | made in accordance with Section 11.1 of this Act shall take
|
13 | | into account but not be totally based upon any felony |
14 | | conviction of the
applicant ; and
|
15 | | (3) Has graduated from a high school or secondary |
16 | | school or its
equivalent; and
|
17 | | B. That person has successfully completed the examination |
18 | | authorized by
the Department.
|
19 | | (Source: P.A. 98-445, eff. 12-31-13.)
|
20 | | (225 ILCS 415/11.1 new) |
21 | | Sec. 11.1. Applicant convictions. |
22 | | (a) The Department shall not require the applicant to |
23 | | report the following information and shall not consider the |
24 | | following criminal history records in connection with an |
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1 | | application for a license under this Act: |
2 | | (1) Juvenile adjudications of delinquent minors as |
3 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
4 | | subject to the restrictions set forth in Section 5-130 of |
5 | | the Juvenile Court Act of 1987. |
6 | | (2) Law enforcement records, court records, and |
7 | | conviction records of an individual who was 17 years old at |
8 | | the time of the offense and before January 1, 2014, unless |
9 | | the nature of the offense required the individual to be |
10 | | tried as an adult. |
11 | | (3) Records of arrest not followed by a conviction |
12 | | unless related to the practice of the profession. However, |
13 | | applicants shall not be asked to report any arrests, and, |
14 | | an arrest not followed by a conviction shall not be the |
15 | | basis of a denial and may be used only to assess an |
16 | | applicant's rehabilitation. |
17 | | (4) Convictions overturned by a higher court. |
18 | | (5) Convictions or arrests that have been sealed or |
19 | | expunged. |
20 | | (b) No applicant for license under this Act shall be denied |
21 | | a license based on a finding of a lack of "good moral |
22 | | character" when a finding is based on the fact that an |
23 | | applicant was previously convicted of a criminal offense or |
24 | | offenses. When reviewing, for the purpose of determining moral |
25 | | character or whether to grant a license, a conviction of any |
26 | | felony or a misdemeanor directly related to the practice of the |
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1 | | profession of an applicant, the Department shall consider any |
2 | | evidence of rehabilitation or mitigating factors contained in |
3 | | the applicant's record, including any of the following: |
4 | | (1) the lack of direct relation of the offense for |
5 | | which the applicant was previously convicted to the duties, |
6 | | functions, and responsibilities of the position for which a |
7 | | license is sought; |
8 | | (2) whether 5 years since a felony conviction or 3 |
9 | | years since release from confinement for the conviction, |
10 | | whichever is later, have passed without a subsequent |
11 | | conviction; |
12 | | (3) if the applicant was previously licensed or |
13 | | employed in this State or other state or jurisdictions, |
14 | | then the lack of prior misconduct arising from or related |
15 | | to the licensed position or position of employment; |
16 | | (4) the age of the person at the time of the criminal |
17 | | offense; |
18 | | (5) successful completion of sentence or for |
19 | | applicants serving a term of parole or probation, a |
20 | | progress report provided by the applicant's probation or |
21 | | parole officer that documents the applicant's compliance |
22 | | with conditions of supervision; |
23 | | (6) evidence of the applicant's present fitness and |
24 | | professional character; |
25 | | (7) evidence of rehabilitation or rehabilitative |
26 | | effort during or after incarceration, or during or after a |
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1 | | term of supervision, including, but not limited to, a |
2 | | certificate of good conduct under Section 5-5.5-25 of the |
3 | | Unified Code of Corrections or a certificate of relief from |
4 | | disabilities under Section 5-5.5-10 of the Unified Code of |
5 | | Corrections; and |
6 | | (8) any other mitigating factors that contribute to the |
7 | | person's potential and current ability to perform the |
8 | | duties and responsibilities of the position for which a |
9 | | license or employment is sought. |
10 | | (c) It is the affirmative obligation of the Department to |
11 | | demonstrate that a prior conviction would impair the ability of |
12 | | the applicant to engage in the licensed practice. If the |
13 | | Department refuses to issue a license to an applicant, then the |
14 | | Department shall notify the applicant of the denial in writing |
15 | | with the following included in the notice of denial: |
16 | | (1) a statement about the decision to refuse to issue a |
17 | | license; |
18 | | (2) a list of the conviction items that formed the sole |
19 | | or partial basis for the refusal to issue a license; |
20 | | (3) a list of the mitigating evidence presented by the |
21 | | applicant; |
22 | | (4) reasons for refusing to issue a license specific to |
23 | | the evidence presented in mitigation of conviction items |
24 | | that formed the partial or sole basis for the Department's |
25 | | decision; and |
26 | | (5) a summary of the appeal process or the earliest the |
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1 | | applicant may reapply for a license, whichever is |
2 | | applicable. |
3 | | (d) No later than May 1 of each year, the Department must |
4 | | prepare, publicly announce, and publish a report of summary |
5 | | statistical information relating to new and renewal license |
6 | | applications during the preceding calendar year. Each report |
7 | | shall show at minimum: |
8 | | (1) the number of applicants for a new or renewal |
9 | | license under this Act within the previous calendar year; |
10 | | (2) the number of applicants for a new or renewal |
11 | | license under this Act within the previous calendar year |
12 | | who had any criminal conviction; |
13 | | (3) the number of applicants for a new or renewal |
14 | | license under this Act in the previous calendar year who |
15 | | were granted a license; |
16 | | (4) the number of applicants for a new or renewal |
17 | | license with a criminal conviction who were granted a |
18 | | license under this Act within the previous calendar year; |
19 | | (5) the number of applicants for a new or renewal |
20 | | license under this Act within the previous calendar year |
21 | | who were denied a license; |
22 | | (6) the number of applicants for a new or renewal |
23 | | license with a criminal conviction who were denied a |
24 | | license under this Act in the previous calendar year in |
25 | | part or in whole because of a prior conviction; |
26 | | (7) the number of probationary licenses without |
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1 | | monitoring issued under this Act in the previous calendar |
2 | | year to applicants with criminal conviction; and |
3 | | (8) the number of probationary licenses with |
4 | | monitoring issued under this Act in the previous calendar |
5 | | year to applicants with criminal conviction.
|
6 | | (225 ILCS 415/23) (from Ch. 111, par. 6223)
|
7 | | (Section scheduled to be repealed on January 1, 2024)
|
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
or non-disciplinary action as the Department may |
12 | | deem appropriate, including imposing fines not to
exceed |
13 | | $10,000 for each violation and the assessment of costs as |
14 | | provided for in Section 23.3 of this Act, with regard to any |
15 | | license for any one
or combination of the following:
|
16 | | (1) Material misstatement in furnishing information to |
17 | | the Department;
|
18 | | (2) Violations of this Act, or of the rules promulgated |
19 | | thereunder;
|
20 | | (3) For licensees, conviction Conviction by plea of |
21 | | guilty or nolo contendere, finding of guilt, jury verdict, |
22 | | or entry of judgment or by sentencing of any crime, |
23 | | including, but not limited to, convictions, preceding |
24 | | sentences of supervision, conditional discharge, or first |
25 | | offender probation under the laws of any jurisdiction of |
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1 | | the United States: (i) that is a felony or (ii) that is a |
2 | | misdemeanor, an essential element of which is dishonesty, |
3 | | or that is directly related to the practice of the |
4 | | profession ; for applicants, provisions set forth in |
5 | | Section 11.1 apply ;
|
6 | | (4) Fraud or any misrepresentation in applying for or |
7 | | procuring a license under this Act or in connection with |
8 | | applying for renewal of a license under this Act;
|
9 | | (5) Professional incompetence;
|
10 | | (6) Aiding or assisting another person, firm, |
11 | | partnership or corporation
in violating any provision of |
12 | | this Act or rules;
|
13 | | (7) Failing, within 60 days, to provide information in |
14 | | response to a
written request made by the Department;
|
15 | | (8) Engaging in dishonorable, unethical or |
16 | | unprofessional conduct of a
character likely to deceive, |
17 | | defraud or harm the public;
|
18 | | (9) Habitual or excessive use or abuse of drugs defined |
19 | | in law as controlled substances, alcohol, or any other |
20 | | substances that results in the inability to practice with |
21 | | reasonable judgment, skill, or safety;
|
22 | | (10) Discipline by another state, unit of government, |
23 | | government agency, the District of Columbia, a territory,
|
24 | | or foreign nation, if at least one of the grounds for the |
25 | | discipline is
the same or substantially equivalent to those |
26 | | set forth herein;
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1 | | (11) Charging for professional services not rendered, |
2 | | including filing false statements for the collection of |
3 | | fees for which services were not rendered, or giving, |
4 | | directly or indirectly, any gift or anything of value to |
5 | | attorneys or their staff or any other persons or entities |
6 | | associated with any litigation, that exceeds $100 total per |
7 | | year; for the purposes of this Section, pro bono services, |
8 | | as defined by State law, are permissible in any amount;
|
9 | | (12) A finding by the Board that the certificate |
10 | | holder, after having
his certificate placed on |
11 | | probationary status, has violated the terms of
probation;
|
12 | | (13) Willfully making or filing false records or |
13 | | reports in the practice
of shorthand reporting, including |
14 | | but not limited to false records filed
with State agencies |
15 | | or departments;
|
16 | | (14) Physical illness, including but not limited to, |
17 | | deterioration through
the aging process, or loss of motor |
18 | | skill which results in the inability
to practice under this |
19 | | Act with reasonable judgment, skill or safety;
|
20 | | (15) Solicitation of professional services other than |
21 | | by permitted
advertising;
|
22 | | (16) Willful failure to take full and accurate |
23 | | stenographic notes of
any proceeding;
|
24 | | (17) Willful alteration of any stenographic notes |
25 | | taken at any proceeding;
|
26 | | (18) Willful failure to accurately transcribe verbatim |
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1 | | any stenographic
notes taken at any proceeding;
|
2 | | (19) Willful alteration of a transcript of |
3 | | stenographic notes taken at
any proceeding;
|
4 | | (20) Affixing one's signature to any transcript of his |
5 | | stenographic notes
or certifying to its correctness unless |
6 | | the transcript has been prepared
by him or under his |
7 | | immediate supervision;
|
8 | | (21) Willful failure to systematically retain |
9 | | stenographic notes or transcripts on paper or any |
10 | | electronic media for 10 years
from the date that the notes |
11 | | or transcripts were taken;
|
12 | | (22) Failure to deliver transcripts in a timely manner |
13 | | or in accordance
with contractual agreements;
|
14 | | (23) Establishing contingent fees as a basis of |
15 | | compensation;
|
16 | | (24) Mental illness or disability that results in the |
17 | | inability to practice under this Act with reasonable |
18 | | judgment, skill, or safety; |
19 | | (25) Practicing under a false or assumed name, except |
20 | | as provided by law; |
21 | | (26) Cheating on or attempting to subvert the licensing |
22 | | examination administered under this Act; |
23 | | (27) Allowing one's license under this Act to be used |
24 | | by an unlicensed person in violation of this Act. |
25 | | All fines imposed under this Section shall be paid within |
26 | | 60 days after the effective date of the order imposing the fine |
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1 | | or in accordance with the terms set forth in the order imposing |
2 | | the fine. |
3 | | (b) The determination by a circuit court that a certificate |
4 | | holder is
subject to involuntary admission or judicial |
5 | | admission as provided in the
Mental Health and Developmental |
6 | | Disabilities Code, operates as an automatic
suspension. Such |
7 | | suspension will end only upon a
finding by a court that the |
8 | | patient is no longer subject to involuntary
admission or |
9 | | judicial admission, an order by the court so finding and
|
10 | | discharging the patient. In any case where a license is |
11 | | suspended under this Section, the licensee may file a petition |
12 | | for restoration and shall include evidence acceptable to the |
13 | | Department that the licensee can resume practice in compliance |
14 | | with acceptable and prevailing standards of the profession.
|
15 | | (c) In cases where the Department of Healthcare and Family |
16 | | Services has previously determined a licensee or a potential |
17 | | licensee is more than 30 days delinquent in the payment of |
18 | | child support and has subsequently certified the delinquency to |
19 | | the Department, the Department may refuse to issue or renew or |
20 | | may revoke or suspend that person's license or may take other |
21 | | disciplinary action against that person based solely upon the |
22 | | certification of delinquency made by the Department of |
23 | | Healthcare and Family Services in accordance with item (5) of |
24 | | subsection (a) of Section 2105-15 of the Civil Administrative |
25 | | Code of Illinois. |
26 | | (d) In enforcing this Section, the Department, upon a |
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1 | | showing of a possible violation, may compel any individual who |
2 | | is certified under this Act or any individual who has applied |
3 | | for certification under this Act to submit to a mental or |
4 | | physical examination and evaluation, or both, which may include |
5 | | a substance abuse or sexual offender evaluation, at the expense |
6 | | of the Department. The Department shall specifically designate |
7 | | the examining physician licensed to practice medicine in all of |
8 | | its branches or, if applicable, the multidisciplinary team |
9 | | involved in providing the mental or physical examination and |
10 | | evaluation, or both. The multidisciplinary team shall be led by |
11 | | a physician licensed to practice medicine in all of its |
12 | | branches and may consist of one or more or a combination of |
13 | | physicians licensed to practice medicine in all of its |
14 | | branches, licensed chiropractic physicians, licensed clinical |
15 | | psychologists, licensed clinical social workers, licensed |
16 | | clinical professional counselors, and other professional and |
17 | | administrative staff. Any examining physician or member of the |
18 | | multidisciplinary team may require any person ordered to submit |
19 | | to an examination and evaluation pursuant to this Section to |
20 | | submit to any additional supplemental testing deemed necessary |
21 | | to complete any examination or evaluation process, including, |
22 | | but not limited to, blood testing, urinalysis, psychological |
23 | | testing, or neuropsychological testing. |
24 | | The Department may order the examining physician or any |
25 | | member of the multidisciplinary team to provide to the |
26 | | Department any and all records, including business records, |
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1 | | that relate to the examination and evaluation, including any |
2 | | supplemental testing performed. The Department may order the |
3 | | examining physician or any member of the multidisciplinary team |
4 | | to present testimony concerning this examination and |
5 | | evaluation of the certified shorthand reporter or applicant, |
6 | | including testimony concerning any supplemental testing or |
7 | | documents relating to the examination and evaluation. No |
8 | | information, report, record, or other documents in any way |
9 | | related to the examination and evaluation shall be excluded by |
10 | | reason of any common law or statutory privilege relating to |
11 | | communication between the licensee or applicant and the |
12 | | examining physician or any member of the multidisciplinary |
13 | | team. No authorization is necessary from the certified |
14 | | shorthand reporter or applicant ordered to undergo an |
15 | | evaluation and examination for the examining physician or any |
16 | | member of the multidisciplinary team to provide information, |
17 | | reports, records, or other documents or to provide any |
18 | | testimony regarding the examination and evaluation. The |
19 | | individual to be examined may have, at his or her own expense, |
20 | | another physician of his or her choice present during all |
21 | | aspects of the examination. |
22 | | Failure of any individual to submit to mental or physical |
23 | | examination and evaluation, or both, when directed, shall |
24 | | result in an automatic suspension, without hearing, until such |
25 | | time as the individual submits to the examination. If the |
26 | | Department finds a certified shorthand reporter unable to |
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1 | | practice because of the reasons set forth in this Section, the |
2 | | Department shall require the certified shorthand reporter to |
3 | | submit to care, counseling, or treatment by physicians approved |
4 | | or designated by the Department, as a condition for continued, |
5 | | reinstated, or renewed certification. |
6 | | When the Secretary immediately suspends a certificate |
7 | | under this Section, a hearing upon the person's certificate |
8 | | must be convened by the Department within 15 days after the |
9 | | suspension and completed without appreciable delay. The |
10 | | Department shall have the authority to review the certified |
11 | | shorthand reporter's record of treatment and counseling |
12 | | regarding the impairment, to the extent permitted by applicable |
13 | | federal statutes and regulations safeguarding the |
14 | | confidentiality of medical records. |
15 | | Individuals certified under this Act, affected under this |
16 | | Section, shall be afforded an opportunity to demonstrate to the |
17 | | Department that they can resume practice in compliance with |
18 | | acceptable and prevailing standards under the provisions of |
19 | | their certification. |
20 | | (e) The Department shall deny a license or renewal |
21 | | authorized by this Act to a person who has defaulted on an |
22 | | educational loan or scholarship provided or guaranteed by the |
23 | | Illinois Student Assistance Commission or any governmental |
24 | | agency of this State in accordance with item (5) of subsection |
25 | | (a) of Section 2105-15 of the Civil Administrative Code of |
26 | | Illinois. |
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1 | | (f) The Department may refuse to issue or may suspend |
2 | | without hearing, as provided for in the Code of Civil |
3 | | Procedure, the license of any person who fails to file a |
4 | | return, to pay the tax, penalty, or interest shown in a filed |
5 | | return, or to pay any final assessment of tax, penalty, or |
6 | | interest as required by any tax Act administered by the |
7 | | Illinois Department of Revenue, until such time as the |
8 | | requirements of any such tax Act are satisfied in accordance |
9 | | with subsection (g) of Section 2105-15 of the Civil |
10 | | Administrative Code of Illinois. |
11 | | (Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
|
12 | | Section 100. The Collateral Recovery Act is amended by |
13 | | changing Sections 40, 45, 80, and 85 as follows: |
14 | | (225 ILCS 422/40) |
15 | | (Section scheduled to be repealed on January 1, 2022) |
16 | | Sec. 40. Qualifications for recovery manager; |
17 | | identification card. |
18 | | (a) An applicant is qualified for licensure as a recovery |
19 | | manager if that person meets all of the following requirements: |
20 | | (1) Is 21 years of age or older. |
21 | | (2) If convicted of any felony, has been sufficiently |
22 | | rehabilitated following the conviction Has not been |
23 | | convicted in any jurisdiction of any felony or at least 10 |
24 | | years has passed from the time of discharge from any |
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1 | | sentence imposed for a felony. |
2 | | (3) Has completed no less than 2,500 hours of actual |
3 | | compensated collateral recovery work as an employee of a |
4 | | repossession agency, a financial institution, or a vehicle |
5 | | dealer within the 5 years immediately preceding the filing |
6 | | of an application, acceptable proof of which must be |
7 | | submitted to the Commission. |
8 | | (4) Has submitted to the Commission 2 sets of |
9 | | fingerprints, which shall be checked against the |
10 | | fingerprint records on file with the Illinois State Police |
11 | | and the Federal Bureau of Investigation in the manner set |
12 | | forth in Section 60 of this Act. |
13 | | (5) Has successfully completed a certification program |
14 | | approved by the Commission. |
15 | | (6) Has paid the required application fees. |
16 | | (b) Upon the issuance of a recovery manager license, the |
17 | | Commission shall issue the license holder a suitable pocket |
18 | | identification card that shall include a photograph of the |
19 | | license holder. The identification card must contain the name |
20 | | of the license holder and any other information required by the |
21 | | Commission. An applicant who is 21 years of age or older |
22 | | seeking a religious exemption to the photograph requirement of |
23 | | this subsection shall furnish with his or her application an |
24 | | approved copy of United States Department of the Treasury |
25 | | Internal Revenue Service Form 4029. |
26 | | (c) A recovery manager license is not transferable.
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1 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) |
2 | | (225 ILCS 422/45) |
3 | | (Section scheduled to be repealed on January 1, 2022) |
4 | | Sec. 45. Repossession agency employee requirements. |
5 | | (a) All employees of a licensed repossession agency whose |
6 | | duties include the actual repossession of collateral must apply |
7 | | for a recovery permit. The holder of a repossession agency |
8 | | license issued under this Act, known in this Section as the |
9 | | "employer", may employ in the conduct of the business under the |
10 | | following provisions: |
11 | | (1) No person may be issued a recovery permit who meets |
12 | | any of the following criteria: |
13 | | (A) Is younger than 21 years of age. |
14 | | (B) Has been determined by the Commission to be |
15 | | unfit by reason of a lack of rehabilitation following a |
16 | | conviction of an offense in this or another state, |
17 | | other than a minor traffic offense. The Commission |
18 | | shall adopt rules for making those determinations. |
19 | | (C) Has had a license or recovery permit denied, |
20 | | suspended, or revoked under this Act. |
21 | | (D) Has not successfully completed a certification |
22 | | program approved by the Commission. |
23 | | (2) No person may be employed by a repossession agency |
24 | | under this Section until he or she has executed and |
25 | | furnished to the Commission, on forms furnished by the |
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1 | | Commission, a verified statement to be known as an |
2 | | "Employee's Statement" setting forth all of the following: |
3 | | (A) The person's full name, age, and residence |
4 | | address. |
5 | | (B) The business or occupation engaged in for the 5 |
6 | | years immediately before the date of the execution of |
7 | | the statement, the place where the business or |
8 | | occupation was engaged in, and the names of the |
9 | | employers, if any. |
10 | | (C) That the person has not had a license or |
11 | | recovery permit denied, revoked, or suspended under |
12 | | this Act. |
13 | | (D) Any conviction of a felony, except as provided |
14 | | for in Section 85. |
15 | | (E) Any other information as may be required by any |
16 | | rule of the Commission to show the good character, |
17 | | competency, and integrity of the person executing the |
18 | | statement. |
19 | | (b) Each applicant for a recovery permit shall have his or |
20 | | her fingerprints submitted to the Commission by a Live Scan |
21 | | fingerprint vendor certified by the Illinois State Police under |
22 | | the Private Detective, Private Alarm, Private Security, |
23 | | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic |
24 | | format that complies with the form and manner for requesting |
25 | | and furnishing criminal history record information as |
26 | | prescribed by the Illinois State Police. These fingerprints |
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1 | | shall be checked against the Illinois State Police and Federal |
2 | | Bureau of Investigation criminal history record databases now |
3 | | and hereafter filed. The Commission shall charge applicants a |
4 | | fee for conducting the criminal history records check, which |
5 | | shall not exceed the actual cost of the records check. The |
6 | | Illinois Commerce Commission Police shall furnish, pursuant to |
7 | | positive identification, records of Illinois convictions to |
8 | | the Commission. The Commission, in its discretion, may allow an |
9 | | applicant who does not have reasonable access to a designated |
10 | | vendor to provide his or her fingerprints in an alternative |
11 | | manner. The Commission, in its discretion, may also use other |
12 | | procedures in performing or obtaining criminal history records |
13 | | checks of applicants. Instead of submitting his or her |
14 | | fingerprints, an individual may submit proof that is |
15 | | satisfactory to the Commission that an equivalent security |
16 | | clearance has been conducted. |
17 | | (c) Qualified applicants shall purchase a recovery permit |
18 | | from the Commission and in a form that the Commission |
19 | | prescribes. The Commission shall notify the submitting person |
20 | | within 10 days after receipt of the application of its intent |
21 | | to issue or deny the recovery permit. The holder of a recovery |
22 | | permit shall carry the recovery permit at all times while |
23 | | actually engaged in the performance of the duties of his or her |
24 | | employment. No recovery permit shall be effective unless |
25 | | accompanied by a license issued by the Commission. Expiration |
26 | | and requirements for renewal of recovery permits shall be |
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1 | | established by rule of the Commission. Possession of a recovery |
2 | | permit does not in any way imply that the holder of the |
3 | | recovery permit is employed by any agency unless the recovery |
4 | | permit is accompanied by the employee identification card |
5 | | required by subsection (e) of this Section. |
6 | | (d) Each employer shall maintain a record of each employee |
7 | | that is accessible to the duly authorized representatives of |
8 | | the Commission. The record shall contain all of the following |
9 | | information: |
10 | | (1) A photograph taken within 10 days after the date |
11 | | that the employee begins employment with the employer. The |
12 | | photograph shall be replaced with a current photograph |
13 | | every 3 calendar years. |
14 | | (2) The Employee's Statement specified in paragraph |
15 | | (2) of subsection (a) of this Section. |
16 | | (3) All correspondence or documents relating to the |
17 | | character and integrity of the employee received by the |
18 | | employer from any official source or law enforcement |
19 | | agency. |
20 | | (4) In the case of former employees, the employee |
21 | | identification card of that person issued under subsection |
22 | | (e) of this Section. |
23 | | (e) Every employer shall furnish an employee |
24 | | identification card to each of his or her employees. This |
25 | | subsection (e) shall not apply to office or clerical personnel. |
26 | | This employee identification card shall contain a recent |
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1 | | photograph of the employee, the employee's name, the name and |
2 | | agency license number of the employer, the employee's personal |
3 | | description, the signature of the employer, the signature of |
4 | | that employee, the date of issuance, and an employee |
5 | | identification card number. |
6 | | (f) No employer may issue an employee identification card |
7 | | to any person who is not employed by the employer in accordance |
8 | | with this Section or falsely state or represent that a person |
9 | | is or has been in his or her employ. It is unlawful for an |
10 | | applicant for registration to file with the Commission the |
11 | | fingerprints of a person other than himself or herself or to |
12 | | fail to exercise due diligence in resubmitting replacement |
13 | | fingerprints for those employees who have had original |
14 | | fingerprint submissions returned as unclassifiable. An agency |
15 | | shall inform the Commission within 15 days after contracting or |
16 | | employing a licensed repossession agency employee. The |
17 | | Commission shall develop a registration process by rule. |
18 | | (g) Every employer shall obtain the identification card of |
19 | | every employee who terminates employment with the employer. An |
20 | | employer shall immediately report an identification card that |
21 | | is lost or stolen to the local police department having |
22 | | jurisdiction over the repossession agency location. |
23 | | (h) No agency may employ any person to perform any activity |
24 | | under this Act unless the person possesses a valid license or |
25 | | recovery permit under this Act. |
26 | | (i) If information is discovered affecting the |
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1 | | registration of a person whose fingerprints were submitted |
2 | | under this Section, then the Commission shall so notify the |
3 | | agency that submitted the fingerprints on behalf of that |
4 | | person. |
5 | | (j) A person employed under this Section shall have 15 |
6 | | business days within which to notify the Commission of any |
7 | | change in employer, but may continue working under any other |
8 | | recovery permits granted as an employee or independent |
9 | | contractor. |
10 | | (k) This Section applies only to those employees of |
11 | | licensed repossession agencies whose duties include actual |
12 | | repossession of collateral.
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13 | | (l) An applicant who is 21 years of age or older seeking a |
14 | | religious exemption to the photograph requirement of this |
15 | | Section shall furnish with his or her application an approved |
16 | | copy of United States Department of the Treasury Internal |
17 | | Revenue Service Form 4029. Regardless of age, an applicant |
18 | | seeking a religious exemption to this photograph requirement |
19 | | shall submit fingerprints in a form and manner prescribed by |
20 | | the Commission with his or her application in lieu of a |
21 | | photograph. |
22 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) |
23 | | (225 ILCS 422/80)
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24 | | (Section scheduled to be repealed on January 1, 2022) |
25 | | Sec. 80. Refusal, revocation, or suspension. |
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1 | | (a) The Commission may refuse to issue or renew or may |
2 | | revoke any license or recovery permit or may suspend, place on |
3 | | probation, fine, or take any disciplinary action that the |
4 | | Commission may deem proper, including fines not to exceed |
5 | | $2,500 for each violation, with regard to any license holder or |
6 | | recovery permit holder for one or any combination of the |
7 | | following causes: |
8 | | (1) Knowingly making any misrepresentation for the |
9 | | purpose of obtaining a license or recovery permit. |
10 | | (2) Violations of this Act or its rules. |
11 | | (3) For licensees or permit holders, conviction |
12 | | Conviction of any crime under the laws of the United States |
13 | | or any state or territory thereof that is (i) a felony, |
14 | | (ii) a misdemeanor, an essential element of which is |
15 | | dishonesty, or (iii) a crime that is related to the |
16 | | practice of the profession. For license or permit |
17 | | applicants, provisions set forth in Section 85 of this Act |
18 | | apply. |
19 | | (4) Aiding or abetting another in violating any |
20 | | provision of this Act or its rules. |
21 | | (5) Engaging in dishonorable, unethical, or |
22 | | unprofessional conduct of a character likely to deceive, |
23 | | defraud, or harm the public as defined by rule. |
24 | | (6) Violation of any court order from any State or |
25 | | public agency engaged in the enforcement of payment of |
26 | | child support arrearages or for noncompliance with certain |
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1 | | processes relating to paternity or support proceeding. |
2 | | (7) Solicitation of professional services by using |
3 | | false or misleading advertising. |
4 | | (8) A finding that the license or recovery permit was |
5 | | obtained by fraudulent means. |
6 | | (9) Practicing or attempting to practice under a name |
7 | | other than the full name shown on the license or recovery |
8 | | permit or any other legally authorized name. |
9 | | (b) The Commission may refuse to issue or may suspend the |
10 | | license or recovery permit of any person or entity who fails to |
11 | | file a return, pay the tax, penalty, or interest shown in a |
12 | | filed return, or pay any final assessment of tax, penalty, or |
13 | | interest, as required by any tax Act administered by the |
14 | | Department of Revenue, until the time the requirements of the |
15 | | tax Act are satisfied. The Commission may take into |
16 | | consideration any pending tax disputes properly filed with the |
17 | | Department of Revenue.
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18 | | (Source: P.A. 97-576, eff. 7-1-12 .) |
19 | | (225 ILCS 422/85)
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20 | | (Section scheduled to be repealed on January 1, 2022) |
21 | | Sec. 85. Consideration of past crimes. |
22 | | (a) The Commission shall not require the applicant to |
23 | | report the following information and shall not consider the |
24 | | following criminal history records in connection with an |
25 | | application for a license or permit under this Act: |
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1 | | (1) Juvenile adjudications of delinquent minors as |
2 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
3 | | subject to the restrictions set forth in Section 5-130 of |
4 | | the Juvenile Court Act of 1987. |
5 | | (2) Law enforcement records, court records, and |
6 | | conviction records of an individual who was 17 years old at |
7 | | the time of the offense and before January 1, 2014, unless |
8 | | the nature of the offense required the individual to be |
9 | | tried as an adult. |
10 | | (3) Records of arrest not followed by a conviction. |
11 | | (4) Convictions overturned by a higher court. |
12 | | (5) Convictions or arrests that have been sealed or |
13 | | expunged. |
14 | | (b) When (a) Notwithstanding the prohibitions set forth in |
15 | | Sections 40 and 45 of this Act, when considering the denial of |
16 | | a license or recovery permit on the grounds of conviction of a |
17 | | crime, the Commission, in evaluating the rehabilitation of the |
18 | | applicant and the applicant's present eligibility for a license |
19 | | or recovery permit, shall consider each of the following |
20 | | criteria: |
21 | | (1) The lack of direct relation of the offense for |
22 | | which the applicant was previously convicted to the duties, |
23 | | functions, and responsibilities of the position for which a |
24 | | license is sought. The nature and severity of the act or |
25 | | crime under consideration as grounds for denial. |
26 | | (2) Circumstances relative to the offense, including |
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1 | | the applicant's age at the time that the offense was |
2 | | committed. |
3 | | (3) (2) Evidence of any act committed subsequent to the |
4 | | act or crime under consideration as grounds for denial, |
5 | | which also could be considered as grounds for disciplinary |
6 | | action under this Act. |
7 | | (4) (3) The amount of time that has lapsed since the |
8 | | commission of the act or crime referred to in item (1) or |
9 | | (2) of this subsection (a) . |
10 | | (5) successful completion of sentence or for |
11 | | applicants serving a term of parole or probation, a |
12 | | progress report provided by the applicant's probation or |
13 | | parole officer that documents the applicant's compliance |
14 | | with conditions of supervision. (4) The extent to which the |
15 | | applicant has complied with any terms of parole, probation, |
16 | | restitution, or any other sanctions lawfully imposed |
17 | | against the applicant. |
18 | | (6) if the applicant was previously licensed or |
19 | | employed in this State or other state or jurisdictions, |
20 | | then the lack of prior misconduct arising from or related |
21 | | to the licensed position or position of employment. (5) |
22 | | Evidence, if any, of rehabilitation submitted by the |
23 | | applicant. |
24 | | (7) evidence of rehabilitation or rehabilitative |
25 | | effort during or after incarceration, or during or after a |
26 | | term of supervision, including, but not limited to, a |
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1 | | certificate of good conduct under Section 5-5.5-25 of the |
2 | | Unified Code of Corrections or a certificate of relief from |
3 | | disabilities under Section 5-5.5-10 of the Unified Code of |
4 | | Corrections. |
5 | | (8) any other mitigating factors that contribute to the |
6 | | person's potential and current ability to perform the |
7 | | duties and responsibilities of practices licensed or |
8 | | registered under this Act. |
9 | | (c) (b) When considering the suspension or revocation of a |
10 | | license or recovery permit on the grounds of conviction of a |
11 | | crime, the Commission, in evaluating the rehabilitation of the |
12 | | applicant and the applicant's present eligibility for a license |
13 | | or recovery permit, shall consider each of the following |
14 | | criteria: |
15 | | (1) The nature and severity of the act or offense. |
16 | | (2) The license holder's or recovery permit holder's |
17 | | criminal record in its entirety. |
18 | | (3) The amount of time that has lapsed since the |
19 | | commission of the act or offense. |
20 | | (4) Whether the license holder or recovery permit |
21 | | holder has complied with any terms of parole, probation, |
22 | |