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1 | AMENDMENT TO HOUSE BILL 3822
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2 | AMENDMENT NO. ______. Amend House Bill 3822 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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:
| ||||||
9 | (a) any person who has been convicted of a felony who | ||||||
10 | is not sufficiently rehabilitated following the | ||||||
11 | conviction ;
| ||||||
12 | (b) any person who is or has been a professional | ||||||
13 | gambler or gambling
promoter;
| ||||||
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 |
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1 | reputation in the
community in which he resides;
| ||||||
2 | (e) any person who has been found guilty of any fraud | ||||||
3 | or
misrepresentation in any connection;
| ||||||
4 | (f) any firm or corporation in which a person defined | ||||||
5 | in (a), (b), (c),
(d) or (e) has a proprietary, equitable | ||||||
6 | or credit interest of 5% or more.
| ||||||
7 | (g) any organization in which a person defined in (a), | ||||||
8 | (b), (c), (d) or
(e) is an officer, director, or managing | ||||||
9 | agent, whether compensated or not;
| ||||||
10 | (h) any organization in which a person defined in (a), | ||||||
11 | (b), (c), (d), or
(e) is to participate in the management | ||||||
12 | or sales of lottery tickets or
shares.
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13 | However, with respect to persons defined in (a), the | ||||||
14 | Department may grant
any such person a license under this Act | ||||||
15 | when:
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16 | (1) a period of 5 years after the conviction or 3 years | ||||||
17 | since release from confinement, whichever is later, has | ||||||
18 | elapsed without a subsequent conviction; 1) at least 10 | ||||||
19 | years have elapsed since the date when the sentence for
the | ||||||
20 | most recent such conviction was satisfactorily completed ;
| ||||||
21 | (2) 2) the applicant has no history of criminal | ||||||
22 | activity subsequent to such conviction;
| ||||||
23 | (2.5) the applicant completed their sentence | ||||||
24 | successfully and, for applicants serving a term of parole | ||||||
25 | or probation, the applicant's probation or parole officer | ||||||
26 | provides a progress report that documents the applicant's |
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1 | compliance with conditions of supervision; | ||||||
2 | (3) (blank); and 3) the applicant has complied with all | ||||||
3 | conditions of probation, conditional
discharge, | ||||||
4 | supervision, parole or mandatory supervised release; and
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5 | (4) 4) the applicant presents at least 3 letters of | ||||||
6 | recommendation from responsible
citizens in his community | ||||||
7 | who personally can attest that the character and
attitude | ||||||
8 | of the applicant indicate that he is unlikely
to commit | ||||||
9 | another crime or the applicant provides other evidence of | ||||||
10 | rehabilitation or rehabilitative effort during or after | ||||||
11 | incarceration, or during or after a term of supervision, | ||||||
12 | including, but not limited to, a certificate of good | ||||||
13 | conduct under Section 5-5.5-25 of the Unified Code of | ||||||
14 | Corrections or a certificate of relief from disabilities | ||||||
15 | under Section 5-5.5-10 of the Unified Code of Corrections .
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16 | The Department may revoke, without notice or a hearing, the | ||||||
17 | license of
any agent who violates this Act or any rule or | ||||||
18 | regulation promulgated
pursuant to this Act. However, if the | ||||||
19 | Department does revoke a license
without notice and an | ||||||
20 | opportunity for a hearing, the Department shall, by
appropriate | ||||||
21 | notice, afford the person whose license has been revoked an
| ||||||
22 | opportunity for a hearing within 30 days after the revocation | ||||||
23 | order has
been issued. As a result of any such hearing, the | ||||||
24 | Department may confirm
its action in revoking the license, or | ||||||
25 | it may order the restoration of such
license.
| ||||||
26 | (Source: P.A. 97-464, eff. 10-15-11.)
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1 | (20 ILCS 1605/10.1b new) | ||||||
2 | Sec. 10.1b. Applicant convictions. | ||||||
3 | (a) It is the affirmative obligation of the Department to | ||||||
4 | demonstrate that a prior conviction would impair the ability of | ||||||
5 | the applicant to engage in the licensed practice. If the | ||||||
6 | Department refuses to issue a license to an applicant, then the | ||||||
7 | Department shall notify the applicant of the denial in writing | ||||||
8 | with the following included in the notice of denial: | ||||||
9 | (1) a statement about the decision to refuse to issue a | ||||||
10 | license; | ||||||
11 | (2) a list of the convictions that formed the sole or | ||||||
12 | partial basis for the refusal to issue a license; | ||||||
13 | (3) a list of the mitigating evidence presented by the | ||||||
14 | applicant; | ||||||
15 | (4) reasons for refusing to issue a license specific to | ||||||
16 | the evidence presented in mitigation of conviction items | ||||||
17 | that formed the partial or sole basis for the Department's | ||||||
18 | decision; and | ||||||
19 | (5) a summary of the appeal process or the earliest the | ||||||
20 | applicant may reapply for a license, whichever is | ||||||
21 | applicable. | ||||||
22 | (b) No later than May 1 of each year, the Department must | ||||||
23 | prepare, publicly announce, and publish a report of summary | ||||||
24 | statistical information relating to new and renewal license | ||||||
25 | applications during the preceding calendar year. Each report |
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1 | shall show, at a 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 | whole or in part 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 a 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 a criminal conviction. | ||||||
26 | (c) The Department shall not require the applicant to |
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1 | report the following information 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 Section 5-105 of the Juvenile Court Act of 1987, | ||||||
6 | subject to the restrictions set forth in Section 5-130 of | ||||||
7 | the Juvenile Court Act of 1987. | ||||||
8 | (2) Law enforcement records, court records, and | ||||||
9 | conviction records of an individual who was 17 years old at | ||||||
10 | the time of the offense and before January 1, 2014, unless | ||||||
11 | the nature of the offense required the individual to be | ||||||
12 | tried as an adult. | ||||||
13 | (3) Records of arrest not followed by a conviction. | ||||||
14 | (4) Convictions overturned by a higher court. | ||||||
15 | (5) Convictions or arrests that have been sealed or | ||||||
16 | expunged. | ||||||
17 | Section 10. The Criminal Identification Act is amended by | ||||||
18 | changing Sections 12 and 13 as follows:
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19 | 20 ILCS 2630/12)
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20 | Sec. 12. Entry of order; effect of expungement or sealing | ||||||
21 | records.
| ||||||
22 | (a) Except with respect to law enforcement agencies, the | ||||||
23 | Department of
Corrections, State's Attorneys, or other | ||||||
24 | prosecutors, and as provided in Section 13 of this Act, an |
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1 | expunged or sealed
record may not be considered by any private | ||||||
2 | or
public entity in employment matters, certification, | ||||||
3 | licensing, revocation
of certification or licensure, or | ||||||
4 | registration. Applications for
employment must contain | ||||||
5 | specific language which states that the
applicant is not | ||||||
6 | obligated to disclose sealed or expunged records of
conviction | ||||||
7 | or arrest. The entity authorized to grant a license, | ||||||
8 | certification, or registration shall include, in an | ||||||
9 | application for certification, registration, or licensure, | ||||||
10 | specific language stating that the applicant is not obligated | ||||||
11 | to disclose sealed or expunged records of a conviction or | ||||||
12 | arrest; however, if the inclusion of that language in an | ||||||
13 | application for certification, registration, or licensure is | ||||||
14 | not practical, the entity shall publish on its website | ||||||
15 | instructions specifying that applicants are not obligated to | ||||||
16 | disclose sealed or expunged records of a conviction or arrest. | ||||||
17 | Employers and entities authorized to grant professional | ||||||
18 | licenses, certification, or registration may not ask if an | ||||||
19 | applicant has had
records expunged or sealed.
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20 | (b) A person whose records have been sealed or expunged is | ||||||
21 | not entitled to
remission of any fines, costs, or other money | ||||||
22 | paid as a consequence of
the sealing or expungement. This | ||||||
23 | amendatory Act of the 93rd General
Assembly does not affect the | ||||||
24 | right of the victim of a crime to prosecute
or defend a civil | ||||||
25 | action for damages. Persons engaged in civil litigation
| ||||||
26 | involving criminal records that have been sealed may
petition |
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1 | the court to open the records for the limited purpose of using
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2 | them in the course of litigation.
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3 | (Source: P.A. 93-211, eff. 1-1-04; 93-1084, eff. 6-1-05 .)
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4 | (20 ILCS 2630/13)
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5 | Sec. 13. Retention and release of sealed records. | ||||||
6 | (a) The Department of State Police shall retain records | ||||||
7 | sealed under
subsection (c) or (e-5) of Section 5.2 or | ||||||
8 | impounded under subparagraph (B) or (B-5) of paragraph (9) of | ||||||
9 | subsection (d) of Section 5.2 and shall release them only as | ||||||
10 | authorized by this Act. Felony records sealed under subsection | ||||||
11 | (c) or (e-5) of Section 5.2 or impounded under subparagraph (B) | ||||||
12 | or (B-5) of paragraph (9) of subsection (d) of Section 5.2
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13 | shall be used and
disseminated by the Department only as | ||||||
14 | otherwise specifically required or authorized by a federal or | ||||||
15 | State law, rule, or regulation that requires inquiry into and | ||||||
16 | release of criminal records, including, but not limited to, | ||||||
17 | subsection (A) of Section 3 of this Act , except these records | ||||||
18 | shall not be used or disseminated in connection with an | ||||||
19 | application for any professional or business licensure, | ||||||
20 | registration, or certification not involving a health care | ||||||
21 | worker position, as defined in the Health Care Worker | ||||||
22 | Self-Referral Act . However, all requests for records that have | ||||||
23 | been expunged, sealed, and impounded and the use of those | ||||||
24 | records are subject to the provisions of Section 2-103 of the | ||||||
25 | Illinois Human Rights Act. Upon
conviction for any offense, the |
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1 | Department of Corrections shall have
access to all sealed | ||||||
2 | records of the Department pertaining to that
individual. | ||||||
3 | (b) Notwithstanding the foregoing, all sealed or impounded | ||||||
4 | records are subject to inspection and use by the court and | ||||||
5 | inspection and use by law enforcement agencies and State's | ||||||
6 | Attorneys or other prosecutors in carrying out the duties of | ||||||
7 | their offices.
| ||||||
8 | (c) The sealed or impounded records maintained under | ||||||
9 | subsection (a) are exempt from
disclosure under the Freedom of | ||||||
10 | Information Act. | ||||||
11 | (d) The Department of State Police shall commence the | ||||||
12 | sealing of records of felony arrests and felony convictions | ||||||
13 | pursuant to the provisions of subsection (c) of Section 5.2 of | ||||||
14 | this Act no later than one year from the date that funds have | ||||||
15 | been made available for purposes of establishing the | ||||||
16 | technologies necessary to implement the changes made by this | ||||||
17 | amendatory Act of the 93rd General Assembly.
| ||||||
18 | (Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13; | ||||||
19 | 98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
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20 | Section 15. The Cigarette Tax Act is amended by changing | ||||||
21 | Sections 4, 4b, and 4c and by adding Section 4i as follows:
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22 | (35 ILCS 130/4) (from Ch. 120, par. 453.4)
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23 | Sec. 4. Distributor's license. No person may engage in | ||||||
24 | business as a distributor of cigarettes in this
State within |
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1 | the meaning of the first 2 definitions of distributor in
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2 | Section 1 of this Act without first having obtained a license | ||||||
3 | therefor from
the Department. Application for license shall be | ||||||
4 | made to the Department in
form as furnished and prescribed by | ||||||
5 | the Department. Each applicant for a
license under this Section | ||||||
6 | shall furnish to the Department on the form
signed and verified | ||||||
7 | by the applicant under penalty of perjury the following | ||||||
8 | information:
| ||||||
9 | (a) The name and address of the applicant;
| ||||||
10 | (b) The address of the location at which the applicant | ||||||
11 | proposes to
engage in business as a distributor of | ||||||
12 | cigarettes in this State;
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13 | (c) Such other additional information as the | ||||||
14 | Department may lawfully
require by its rules and | ||||||
15 | regulations.
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16 | The annual license fee payable to the Department for each | ||||||
17 | distributor's
license shall be $250. The purpose of such annual | ||||||
18 | license fee is to defray
the cost, to the Department, of
| ||||||
19 | serializing cigarette tax stamps. Each applicant for license | ||||||
20 | shall pay such
fee to the Department at the time of submitting | ||||||
21 | his application for license
to the Department.
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22 | Every applicant who is required to procure a distributor's | ||||||
23 | license shall
file with his application a joint and several | ||||||
24 | bond. Such bond shall be
executed to the Department of Revenue, | ||||||
25 | with good and sufficient surety or
sureties residing or | ||||||
26 | licensed to do business within the State of Illinois,
in the |
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1 | amount of $2,500, conditioned upon the true and faithful | ||||||
2 | compliance
by the licensee with all of the provisions of this | ||||||
3 | Act. Such bond, or a
reissue thereof, or a substitute therefor, | ||||||
4 | shall be kept in effect during
the entire period covered by the | ||||||
5 | license. A separate application for
license shall be made, a | ||||||
6 | separate annual license fee paid, and a separate
bond filed, | ||||||
7 | for each place of business at which a person who is required to
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8 | procure a distributor's license under this Section proposes to | ||||||
9 | engage in
business as a distributor in Illinois under this Act.
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10 | The following are ineligible to receive a distributor's | ||||||
11 | license under
this Act:
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12 | (1) a person who is not of good character and | ||||||
13 | reputation in the
community in which he resides ; the | ||||||
14 | Department may consider past conviction of a felony but | ||||||
15 | the conviction shall not operate as an absolute bar to | ||||||
16 | licensure ;
| ||||||
17 | (2) a person who has been convicted of a felony | ||||||
18 | under any Federal or
State law, if the Department, | ||||||
19 | after investigation and a hearing and consideration of | ||||||
20 | mitigating factors and evidence of rehabilitation | ||||||
21 | contained in the applicant's record, including those | ||||||
22 | in Section 4i , if
requested by the applicant , | ||||||
23 | determines that such person has not been
sufficiently | ||||||
24 | rehabilitated to warrant the public trust;
| ||||||
25 | (3) a corporation, if any officer, manager or | ||||||
26 | director thereof, or any
stockholder or stockholders |
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1 | owning in the aggregate more than 5% of the
stock of | ||||||
2 | such corporation, would not be eligible to receive a | ||||||
3 | license under
this Act for any reason; | ||||||
4 | (4) a person, or any person who owns more than 15 | ||||||
5 | percent of the ownership interests in a person or a | ||||||
6 | related party who: | ||||||
7 | (a) owes, at the time of application, any | ||||||
8 | delinquent cigarette taxes that have been | ||||||
9 | determined by law to be due and unpaid, unless the | ||||||
10 | license applicant has entered into an agreement | ||||||
11 | approved by the Department to pay the amount due; | ||||||
12 | (b) had a license under this Act revoked within | ||||||
13 | the past two years by the Department for misconduct | ||||||
14 | relating to stolen or contraband cigarettes or has | ||||||
15 | been convicted of a State or federal crime, | ||||||
16 | punishable by imprisonment of one year or more, | ||||||
17 | relating to stolen or contraband cigarettes; | ||||||
18 | (c) manufactures cigarettes, whether in this | ||||||
19 | State or out of this State, and who is neither (i) | ||||||
20 | a participating manufacturer as defined in | ||||||
21 | subsection II(jj) of the "Master Settlement | ||||||
22 | Agreement" as defined in Sections 10 of the Tobacco | ||||||
23 | Products Manufacturers' Escrow Act and the Tobacco | ||||||
24 | Products Manufacturers' Escrow Enforcement Act of | ||||||
25 | 2003 (30 ILCS 168/10 and 30 ILCS 167/10); nor (ii) | ||||||
26 | in full compliance with Tobacco Products |
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| |||||||
1 | Manufacturers' Escrow Act and the Tobacco Products | ||||||
2 | Manufacturers' Escrow Enforcement Act of 2003 (30 | ||||||
3 | ILCS 168/ and 30 ILCS 167/); | ||||||
4 | (d) has been found by the Department, after | ||||||
5 | notice and a hearing, to have imported or caused to | ||||||
6 | be imported into the United States for sale or | ||||||
7 | distribution any cigarette in violation of 19 | ||||||
8 | U.S.C. 1681a; | ||||||
9 | (e) has been found by the Department, after | ||||||
10 | notice and a hearing, to have imported or caused to | ||||||
11 | be imported into the United States for sale or | ||||||
12 | distribution or manufactured for sale or | ||||||
13 | distribution in the United States any cigarette | ||||||
14 | that does not fully comply with the Federal | ||||||
15 | Cigarette Labeling and Advertising Act (15 U.S.C. | ||||||
16 | 1331, et seq.); or | ||||||
17 | (f) has been found by the Department, after | ||||||
18 | notice and a hearing, to have made a material false | ||||||
19 | statement in the application or has failed to | ||||||
20 | produce records required to be maintained by this | ||||||
21 | Act.
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22 | The Department, upon receipt of an application, license fee | ||||||
23 | and bond in
proper form, from a person who is eligible to | ||||||
24 | receive a distributor's
license under this Act, shall issue to | ||||||
25 | such applicant a license in form as
prescribed by the | ||||||
26 | Department, which license shall permit the applicant to
which |
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1 | it is issued to engage in business as a distributor at the | ||||||
2 | place
shown in his application. All licenses issued by the | ||||||
3 | Department under this
Act shall be valid for not to exceed one | ||||||
4 | year after issuance unless sooner
revoked, canceled or | ||||||
5 | suspended as provided in this Act. No license issued
under this | ||||||
6 | Act is transferable or assignable. Such license shall be
| ||||||
7 | conspicuously displayed in the place of business conducted by | ||||||
8 | the licensee
in Illinois under such license. No distributor | ||||||
9 | licensee acquires any vested interest or compensable property | ||||||
10 | right in a license issued under this Act. | ||||||
11 | A licensed distributor shall notify the Department of any | ||||||
12 | change in the information contained on the application form, | ||||||
13 | including any change in ownership and shall do so within 30 | ||||||
14 | days after any such change.
| ||||||
15 | Any person aggrieved by any decision of the Department | ||||||
16 | under this Section
may, within 20 days after notice of the | ||||||
17 | decision, protest and request a
hearing. Upon receiving a | ||||||
18 | request for a hearing, the Department shall give
notice to the | ||||||
19 | person requesting the hearing of the time and place fixed for | ||||||
20 | the
hearing and shall hold a hearing in conformity with the | ||||||
21 | provisions of this Act
and then issue its final administrative | ||||||
22 | decision in the matter to that person.
In the absence of a | ||||||
23 | protest and request for a hearing within 20 days, the
| ||||||
24 | Department's decision shall become final without any further | ||||||
25 | determination
being made or notice given.
| ||||||
26 | (Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
|
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| |||||||
1 | (35 ILCS 130/4b) (from Ch. 120, par. 453.4b)
| ||||||
2 | Sec. 4b.
(a) The Department may, in its discretion, upon | ||||||
3 | application, issue
permits authorizing the payment of the tax | ||||||
4 | herein imposed by out-of-State
cigarette manufacturers who are | ||||||
5 | not required to be licensed as distributors
of cigarettes in | ||||||
6 | this State, but who elect to qualify under this Act as
| ||||||
7 | distributors of cigarettes in this State, and who, to the | ||||||
8 | satisfaction of
the Department, furnish adequate security to | ||||||
9 | insure payment of the tax,
provided that any such permit shall | ||||||
10 | extend only to cigarettes which such
permittee manufacturer | ||||||
11 | places in original packages that are contained
inside a sealed | ||||||
12 | transparent wrapper. Such permits shall be issued without
| ||||||
13 | charge in such form as the Department may prescribe and shall | ||||||
14 | not be
transferable or 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 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 |
| |||||||
| |||||||
1 | contained in the applicant's record, including those in | ||||||
2 | Section 4i of this Act , if
requested by the applicant, | ||||||
3 | determines that such person has not been
sufficiently | ||||||
4 | rehabilitated to warrant the public trust;
| ||||||
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 such corporation, | ||||||
8 | would not be eligible to receive a permit under
this Act | ||||||
9 | for any reason.
| ||||||
10 | With respect to cigarettes which come within the scope of | ||||||
11 | such a permit
and which any such permittee delivers or causes | ||||||
12 | to be delivered in Illinois
to licensed distributors, such | ||||||
13 | permittee shall remit the tax imposed by this Act at
the times | ||||||
14 | provided for in Section 3 of this Act. Each such remittance
| ||||||
15 | shall be accompanied by a return filed with the Department on a | ||||||
16 | form to be
prescribed and furnished by the Department and shall | ||||||
17 | disclose such
information as the Department may lawfully | ||||||
18 | require. The Department may promulgate rules to require that | ||||||
19 | the permittee's return be accompanied by appropriate | ||||||
20 | computer-generated magnetic media supporting schedule data in | ||||||
21 | the format prescribed by the Department, unless, as provided by | ||||||
22 | rule, the Department grants an exception upon petition of the | ||||||
23 | permittee. Each such return shall
be accompanied by a copy of | ||||||
24 | each invoice rendered by the permittee to any
licensed | ||||||
25 | distributor to whom the permittee delivered cigarettes of the | ||||||
26 | type covered by
the permit (or caused cigarettes of the type |
| |||||||
| |||||||
1 | covered by the permit to be
delivered) in Illinois during the | ||||||
2 | period covered by such return.
| ||||||
3 | Such permit may be suspended, canceled or revoked when, at | ||||||
4 | any time, the
Department considers that the security given is | ||||||
5 | inadequate, or that such
tax can more effectively be collected | ||||||
6 | from distributors located in this
State, or whenever the | ||||||
7 | permittee violates any provision of this Act or any
lawful rule | ||||||
8 | or regulation issued by the Department pursuant to this Act or
| ||||||
9 | is determined to be ineligible for a distributor's permit under | ||||||
10 | this Act as
provided in this Section, whenever the permittee | ||||||
11 | shall notify the
Department in writing of his desire to have | ||||||
12 | the permit canceled. The
Department shall have the power, in | ||||||
13 | its discretion, to issue a new permit
after such suspension, | ||||||
14 | cancellation or revocation, except when the person
who would | ||||||
15 | receive the permit is ineligible to receive a distributor's
| ||||||
16 | permit under this Act.
| ||||||
17 | All permits issued by the Department under this Act shall | ||||||
18 | be valid for
not to exceed one year after issuance unless | ||||||
19 | sooner revoked, canceled or
suspended as in this Act provided.
| ||||||
20 | (b) Out-of-state cigarette manufacturers who are not | ||||||
21 | required to be licensed as distributors of cigarettes in this | ||||||
22 | State and who do not elect to obtain approval under subsection | ||||||
23 | 4b(a) to pay the tax imposed by this Act, but who elect to | ||||||
24 | qualify under this Act as distributors of cigarettes in this | ||||||
25 | State for purposes of shipping and delivering unstamped | ||||||
26 | original packages of cigarettes into this State to licensed |
| |||||||
| |||||||
1 | distributors, shall obtain a permit from the Department. These | ||||||
2 | permits shall be issued without charge in such form as the | ||||||
3 | Department may prescribe and shall not be transferable or | ||||||
4 | assignable. | ||||||
5 | The following are ineligible to receive a distributor's | ||||||
6 | permit under this subsection: | ||||||
7 | (1) a person who is not of good character and | ||||||
8 | reputation in the community in which he or she resides ; the | ||||||
9 | Department may consider past conviction of a felony but the | ||||||
10 | conviction shall not operate as an absolute bar to | ||||||
11 | receiving a permit ; | ||||||
12 | (2) a person who has been convicted of a felony under | ||||||
13 | any federal or State law, if the Department, after | ||||||
14 | investigation and a hearing and consideration of | ||||||
15 | mitigating factors and evidence of rehabilitation | ||||||
16 | contained in the applicant's record, including those set | ||||||
17 | forth in Section 4i of this Act , if requested by the | ||||||
18 | applicant , determines that the person has not been | ||||||
19 | sufficiently rehabilitated to warrant the public trust; | ||||||
20 | and | ||||||
21 | (3) a corporation, if any officer, manager, or director | ||||||
22 | thereof, or any stockholder or stockholders owning in the | ||||||
23 | aggregate more than 5% of the stock of the corporation, | ||||||
24 | would not be eligible to receive a permit under this Act | ||||||
25 | for any reason. | ||||||
26 | With respect to original packages of cigarettes that such |
| |||||||
| |||||||
1 | permittee delivers or causes to be delivered in Illinois and | ||||||
2 | distributes to the public for promotional purposes without | ||||||
3 | consideration, the permittee shall pay the tax imposed by this | ||||||
4 | Act by remitting the amount thereof to the Department by the | ||||||
5 | 5th day of each month covering cigarettes shipped or otherwise | ||||||
6 | delivered in Illinois for those purposes during the preceding | ||||||
7 | calendar month. The permittee, before delivering those | ||||||
8 | cigarettes or causing those cigarettes to be delivered in this | ||||||
9 | State, shall evidence his or her obligation to remit the taxes | ||||||
10 | due with respect to those cigarettes by imprinting language to | ||||||
11 | be prescribed by the Department on each original package of | ||||||
12 | cigarettes, in such place thereon and in such manner also to be | ||||||
13 | prescribed by the Department. The imprinted language shall | ||||||
14 | acknowledge the permittee's payment of or liability for the tax | ||||||
15 | imposed by this Act with respect to the distribution of those | ||||||
16 | cigarettes. | ||||||
17 | With respect to cigarettes that the permittee delivers or | ||||||
18 | causes to be delivered in Illinois to Illinois licensed | ||||||
19 | distributors or distributed to the public for promotional | ||||||
20 | purposes, the permittee shall, by the 5th day of each month, | ||||||
21 | file with the Department, a report covering cigarettes shipped | ||||||
22 | or otherwise delivered in Illinois to licensed distributors or | ||||||
23 | distributed to the public for promotional purposes during the | ||||||
24 | preceding calendar month on a form to be prescribed and | ||||||
25 | furnished by the Department and shall disclose such other | ||||||
26 | information as the Department may lawfully require. The |
| |||||||
| |||||||
1 | Department may promulgate rules to require that the permittee's | ||||||
2 | report be accompanied by appropriate computer-generated | ||||||
3 | magnetic media supporting schedule data in the format | ||||||
4 | prescribed by the Department, unless, as provided by rule, the | ||||||
5 | Department grants an exception upon petition of the permittee. | ||||||
6 | Each such report shall be accompanied by a copy of each invoice | ||||||
7 | rendered by the permittee to any purchaser to whom the | ||||||
8 | permittee delivered cigarettes of the type covered by the | ||||||
9 | permit (or caused cigarettes of the type covered by the permit | ||||||
10 | to be delivered) in Illinois during the period covered by such | ||||||
11 | report. | ||||||
12 | Such permit may be suspended, canceled, or revoked whenever | ||||||
13 | the permittee violates any provision of this Act or any lawful | ||||||
14 | rule or regulation issued by the Department pursuant to this | ||||||
15 | Act, is determined to be ineligible for a distributor's permit | ||||||
16 | under this Act as provided in this Section, or notifies the | ||||||
17 | Department in writing of his or her desire to have the permit | ||||||
18 | canceled. The Department shall have the power, in its | ||||||
19 | discretion, to issue a new permit after such suspension, | ||||||
20 | cancellation, or revocation, except when the person who would | ||||||
21 | receive the permit is ineligible to receive a distributor's | ||||||
22 | permit under this Act. | ||||||
23 | All permits issued by the Department under this Act shall | ||||||
24 | be valid for a period not to exceed one year after issuance | ||||||
25 | unless sooner revoked, canceled, or suspended as provided in | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | (Source: P.A. 96-782, eff. 1-1-10.)
| ||||||
2 | (35 ILCS 130/4c) | ||||||
3 | Sec. 4c. Secondary distributor's license. No person may | ||||||
4 | engage in business as a secondary distributor of cigarettes in | ||||||
5 | this State without first having obtained a license therefor | ||||||
6 | from the Department. Application for license shall be made to | ||||||
7 | the Department on a form as furnished and prescribed by the | ||||||
8 | Department. Each applicant for a license under this Section | ||||||
9 | shall furnish the following information to the Department on a | ||||||
10 | form signed and verified by the applicant under penalty of | ||||||
11 | perjury: | ||||||
12 | (1) the name and address of the applicant; | ||||||
13 | (2) the address of the location at which the applicant | ||||||
14 | proposes to engage in business as a secondary distributor | ||||||
15 | of cigarettes in this State; and | ||||||
16 | (3) such other additional information as the | ||||||
17 | Department may reasonably require. | ||||||
18 | The annual license fee payable to the Department for each | ||||||
19 | secondary distributor's license shall be $250. Each applicant | ||||||
20 | for a license shall pay such fee to the Department at the time | ||||||
21 | of submitting an application for license to the Department. | ||||||
22 | A separate application for license shall be made and | ||||||
23 | separate annual license fee paid for each place of business at | ||||||
24 | which a person who is required to procure a secondary | ||||||
25 | distributor's license under this Section proposes to engage in |
| |||||||
| |||||||
1 | business as a secondary distributor in Illinois under this Act. | ||||||
2 | The following are ineligible to receive a secondary | ||||||
3 | distributor's license under this Act: | ||||||
4 | (1) a person who is not of good character and | ||||||
5 | reputation in the community in which he resides ; the | ||||||
6 | Department may consider past conviction of a felony but the | ||||||
7 | conviction shall not operate as an absolute bar to | ||||||
8 | receiving a permit ; | ||||||
9 | (2) a person who has been convicted of a felony under | ||||||
10 | any federal or State law, if the Department, after | ||||||
11 | investigation and a hearing and consideration of the | ||||||
12 | mitigating factors provided in subsection (b) of Section 4i | ||||||
13 | of this Act , if requested by the applicant, determines that | ||||||
14 | such person has not been sufficiently rehabilitated to | ||||||
15 | warrant the public trust; | ||||||
16 | (3) a corporation, if any officer, manager, or director | ||||||
17 | thereof, or any stockholder or stockholders owning in the | ||||||
18 | aggregate more than 5% of the stock of such corporation, | ||||||
19 | would not be eligible to receive a license under this Act | ||||||
20 | for any reason; | ||||||
21 | (4) a person who manufactures cigarettes, whether in | ||||||
22 | this State or out of this State; | ||||||
23 | (5) a person, or any person who owns more than 15% of | ||||||
24 | the ownership interests in a person or a related party who: | ||||||
25 | (A) owes, at the time of application, any | ||||||
26 | delinquent cigarette taxes that have been determined |
| |||||||
| |||||||
1 | by law to be due and unpaid, unless the license | ||||||
2 | applicant has entered into an agreement approved by the | ||||||
3 | Department to pay the amount due; | ||||||
4 | (B) had a license under this Act revoked within the | ||||||
5 | past two years by the Department or has been convicted | ||||||
6 | of a State or federal crime, punishable by imprisonment | ||||||
7 | of one year or more, relating to stolen or contraband | ||||||
8 | cigarettes; | ||||||
9 | (C) has been found by the Department, after notice | ||||||
10 | and a hearing, to have imported or caused to be | ||||||
11 | imported into the United States for sale or | ||||||
12 | distribution any cigarette in violation of 19 U.S.C. | ||||||
13 | 1681a; | ||||||
14 | (D) has been found by the Department, after notice | ||||||
15 | and a hearing, to have imported or caused to be | ||||||
16 | imported into the United States for sale or | ||||||
17 | distribution or manufactured for sale or distribution | ||||||
18 | in the United States any cigarette that does not fully | ||||||
19 | comply with the Federal Cigarette Labeling and | ||||||
20 | Advertising Act (15 U.S.C. 1331, et seq.); or | ||||||
21 | (E) has been found by the Department, after notice | ||||||
22 | and a hearing, to have made a material false statement | ||||||
23 | in the application or has failed to produce records | ||||||
24 | required to be maintained by this Act. | ||||||
25 | The Department, upon receipt of an application and license | ||||||
26 | fee from a person who is eligible to receive a secondary |
| |||||||
| |||||||
1 | distributor's license under this Act, shall issue to such | ||||||
2 | applicant a license in such form as prescribed by the | ||||||
3 | Department. The license shall permit the applicant to which it | ||||||
4 | is issued to engage in business as a secondary distributor at | ||||||
5 | the place shown in his application. All licenses issued by the | ||||||
6 | Department under this Act shall be valid for a period not to | ||||||
7 | exceed one year after issuance unless sooner revoked, canceled, | ||||||
8 | or suspended as provided in this Act. No license issued under | ||||||
9 | this Act is transferable or assignable. Such license shall be | ||||||
10 | conspicuously displayed in the place of business conducted by | ||||||
11 | the licensee in Illinois under such license. No secondary | ||||||
12 | distributor licensee acquires any vested interest or | ||||||
13 | compensable property right in a license issued under this Act. | ||||||
14 | A licensed secondary distributor shall notify the | ||||||
15 | Department of any change in the information contained on the | ||||||
16 | application form, including any change in ownership, and shall | ||||||
17 | do so within 30 days after any such change. | ||||||
18 | Any person aggrieved by any decision of the Department | ||||||
19 | under this Section may, within 20 days after notice of the | ||||||
20 | decision, protest and request a hearing. Upon receiving a | ||||||
21 | request for a hearing, the Department shall give notice to the | ||||||
22 | person requesting the hearing of the time and place fixed for | ||||||
23 | the hearing and shall hold a hearing in conformity with the | ||||||
24 | provisions of this Act and then issue its final administrative | ||||||
25 | decision in the matter to that person. In the absence of a | ||||||
26 | protest and request for a hearing within 20 days, the |
| |||||||
| |||||||
1 | Department's decision shall become final without any further | ||||||
2 | determination being made or notice given.
| ||||||
3 | (Source: P.A. 96-1027, eff. 7-12-10.) | ||||||
4 | (35 ILCS 130/4i new) | ||||||
5 | Sec. 4i. Applicant convictions. | ||||||
6 | (a) The Department shall not require applicants to report | ||||||
7 | the following information and shall not consider the following | ||||||
8 | criminal history records in connection with an application for | ||||||
9 | a license or permit under this Act: | ||||||
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, court records, and conviction | ||||||
15 | records of an individual who was 17 years old at the time | ||||||
16 | of the offense and before January 1, 2014, unless the | ||||||
17 | nature of the offense required the individual to be tried | ||||||
18 | as an adult. | ||||||
19 | (3) Records of arrest not followed by a conviction. | ||||||
20 | (4) Convictions overturned by a higher court. | ||||||
21 | (5) Convictions or arrests that have been sealed or | ||||||
22 | expunged. | ||||||
23 | (b) When determining whether to grant a license or permit | ||||||
24 | to an applicant with a prior conviction of a felony, the | ||||||
25 | Department shall consider any evidence of rehabilitation and |
| |||||||
| |||||||
1 | mitigating factors contained in the applicant's record | ||||||
2 | including any of 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 or permit 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 |
| |||||||
| |||||||
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, permit or employment is sought. | ||||||
9 | (c) It is the affirmative obligation of the Department 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 Department refuses to issue a license or permit to | ||||||
13 | an applicant, then the Department 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 or permit; | ||||||
18 | (2) a list of the conviction items that formed the sole | ||||||
19 | or partial basis for the refusal to issue a license or | ||||||
20 | permit; | ||||||
21 | (3) a list of the mitigating evidence presented by the | ||||||
22 | applicant; | ||||||
23 | (4) reasons for refusing to issue a license or permit | ||||||
24 | specific to the evidence presented in mitigation of | ||||||
25 | conviction items that formed the partial or sole basis for | ||||||
26 | the Department's decision; and |
| |||||||
| |||||||
1 | (5) a summary of the appeal process or the earliest the | ||||||
2 | applicant may reapply for a license or permit, 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 or | ||||||
7 | permit applications during the preceding calendar year. Each | ||||||
8 | report shall show, at a minimum: | ||||||
9 | (1) the number of applicants for a new or renewal | ||||||
10 | license or permit under this Act within the previous | ||||||
11 | calendar year; | ||||||
12 | (2) the number of applicants for a new or renewal | ||||||
13 | license or permit under this Act within the previous | ||||||
14 | calendar year who had any criminal conviction; | ||||||
15 | (3) the number of applicants for a new or renewal | ||||||
16 | license or permit under this Act in the previous calendar | ||||||
17 | year who were granted a license or permit; | ||||||
18 | (4) the number of applicants for a new or renewal | ||||||
19 | license or permit with a criminal conviction who were | ||||||
20 | granted a license or permit under this Act within the | ||||||
21 | previous calendar year; | ||||||
22 | (5) the number of applicants for a new or renewal | ||||||
23 | license or permit under this Act within the previous | ||||||
24 | calendar year who were denied a license or permit; | ||||||
25 | (6) the number of applicants for a new or renewal | ||||||
26 | license or permit with a criminal conviction who were |
| |||||||
| |||||||
1 | denied a license or permit under this Act in the previous | ||||||
2 | calendar year in whole or in part because of a prior | ||||||
3 | conviction; | ||||||
4 | (7) the number of probationary licenses or permits | ||||||
5 | without monitoring issued under this Act in the previous | ||||||
6 | calendar year to applicants with a criminal conviction; and | ||||||
7 | (8) the number of probationary licenses or permits with | ||||||
8 | monitoring issued under this Act in the previous calendar | ||||||
9 | year to applicants with a criminal conviction. | ||||||
10 | Section 20. The Counties Code is amended by changing | ||||||
11 | Section 5-10004 and by adding Section 5-10004a as follows:
| ||||||
12 | (55 ILCS 5/5-10004) (from Ch. 34, par. 5-10004)
| ||||||
13 | Sec. 5-10004. Qualifications for license. A license to | ||||||
14 | operate
or maintain a dance hall may be issued by the county | ||||||
15 | board to any citizen,
firm or corporation of the State, who
| ||||||
16 | (1) Submits a written application for a license, which | ||||||
17 | application shall
state, and the applicant shall state under | ||||||
18 | oath:
| ||||||
19 | (a) The name, address, and residence of the applicant, | ||||||
20 | and the length of
time he has lived at that residence ; :
| ||||||
21 | (b) The place of birth of the applicant, and if the | ||||||
22 | applicant is a
naturalized citizen, the time and place of | ||||||
23 | such naturalization;
| ||||||
24 | (c) Whether the applicant has a prior felony |
| |||||||
| |||||||
1 | conviction; and That the applicant has never been convicted | ||||||
2 | of a felony, or of a
misdemeanor punishable under the laws | ||||||
3 | of this State by a minimum
imprisonment of six months or | ||||||
4 | longer.
| ||||||
5 | (d) The location of the place or building where the | ||||||
6 | applicant intends to
operate or maintain the dance hall.
| ||||||
7 | (2) And who establishes:
| ||||||
8 | (a) That he is a person of good moral character; and
| ||||||
9 | (b) that the place or building where the dance hall or | ||||||
10 | road house is to
be operated or maintained, reasonably | ||||||
11 | conforms to all laws, and health and
fire regulations | ||||||
12 | applicable thereto, and is properly ventilated and
| ||||||
13 | supplied with separate and sufficient toilet arrangements | ||||||
14 | for each sex, and
is a safe and proper place or building | ||||||
15 | for a public dance hall or road
house.
| ||||||
16 | (Source: P.A. 86-962.)
| ||||||
17 | (55 ILCS 5/5-10004a new) | ||||||
18 | Sec. 5-10004a. Applicant convictions. | ||||||
19 | (a) Applicants shall not be required to report the | ||||||
20 | following information and the following information shall not | ||||||
21 | be considered in connection with an application for a license | ||||||
22 | under this Act: | ||||||
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 |
| |||||||
| |||||||
1 | Juvenile Court Act of 1987. | ||||||
2 | (2) Law enforcement, court records, and conviction | ||||||
3 | records of an individual who was 17 years old at the time | ||||||
4 | of the offense and before January 1, 2014, unless the | ||||||
5 | nature of the offense required the individual to be tried | ||||||
6 | as an adult. | ||||||
7 | (3) Records of arrest not followed by a conviction. | ||||||
8 | (4) Convictions overturned by a higher court. | ||||||
9 | (5) Convictions or arrests that have been sealed or | ||||||
10 | expunged. | ||||||
11 | (b) No application for a license under this Division shall | ||||||
12 | be denied by reason of a finding of lack of "good moral | ||||||
13 | character" when the finding is based upon the fact that the | ||||||
14 | applicant has previously been convicted of one or more criminal | ||||||
15 | offenses. | ||||||
16 | (c) When determining whether to grant a license to an | ||||||
17 | applicant with a prior conviction of a felony, the county board | ||||||
18 | shall consider any evidence of rehabilitation and mitigating | ||||||
19 | factors contained in the applicant's record including any of | ||||||
20 | the following: | ||||||
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; | ||||||
25 | (2) whether 5 years since a felony conviction or 3 | ||||||
26 | years since release from confinement for the conviction, |
| |||||||
| |||||||
1 | whichever is later, have passed without a subsequent | ||||||
2 | conviction; | ||||||
3 | (3) if the applicant was previously licensed or | ||||||
4 | employed in this State or other state or jurisdictions, | ||||||
5 | then the lack of prior misconduct arising from or related | ||||||
6 | to the licensed position or position of employment; | ||||||
7 | (4) the age of the person at the time of the criminal | ||||||
8 | offense; | ||||||
9 | (5) successful completion of sentence and, for | ||||||
10 | applicants serving a term of parole or probation, a | ||||||
11 | progress report provided by the applicant's probation or | ||||||
12 | parole officer that documents the applicant's compliance | ||||||
13 | with conditions of supervision; | ||||||
14 | (6) evidence of the applicant's present fitness and | ||||||
15 | professional character; | ||||||
16 | (7) evidence of rehabilitation or rehabilitative | ||||||
17 | effort during or after incarceration, or during or after a | ||||||
18 | term of supervision, including but not limited to a | ||||||
19 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
20 | Unified Code of Corrections or a certificate of relief from | ||||||
21 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
22 | Corrections; and | ||||||
23 | (8) any other mitigating factors that contribute to the | ||||||
24 | person's potential and current ability to perform the | ||||||
25 | duties and responsibilities of the position for which a | ||||||
26 | license or employment is sought. |
| |||||||
| |||||||
1 | (d) It is the affirmative obligation of the county board to | ||||||
2 | demonstrate that a prior conviction would impair the ability of | ||||||
3 | the applicant to engage in the practice regulated under this | ||||||
4 | Act. If the county board refuses to issue a license to an | ||||||
5 | applicant, then the county board shall notify the applicant of | ||||||
6 | the denial in writing with the following included in the notice | ||||||
7 | 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 county | ||||||
17 | board's 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 | (e) No later than May 1 of each year, the board 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 a minimum: | ||||||
26 | (1) the number of applicants for a new or renewal |
| |||||||
| |||||||
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 | whole or in part 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 a 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 a criminal conviction. | ||||||
24 | Section 30. The Clinical Social Work and Social Work | ||||||
25 | Practice Act is amended by changing Section 19 and by adding |
| |||||||
| |||||||
1 | Section 9A.1 as follows: | ||||||
2 | (225 ILCS 20/9A.1 new) | ||||||
3 | Sec. 9A.1. Applicant convictions. | ||||||
4 | (a) The Department and the Board shall not require | ||||||
5 | applicants to report information about the following and shall | ||||||
6 | not consider the following criminal history records in | ||||||
7 | connection with an application for licensure: | ||||||
8 | (1) Juvenile adjudications of delinquent minors as | ||||||
9 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
10 | subject to the restrictions set forth in Section 5-130 of | ||||||
11 | the Juvenile Court Act of 1987. | ||||||
12 | (2) Law enforcement records, court records, and | ||||||
13 | conviction records of an individual who was 17 years old at | ||||||
14 | the time of the offense and before January 1, 2014, unless | ||||||
15 | the nature of the offense required the individual to be | ||||||
16 | tried as an adult. | ||||||
17 | (3) Records of arrest not followed by a conviction | ||||||
18 | unless related to the practice of the profession. However, | ||||||
19 | applicants shall not be asked to report any arrests, and, | ||||||
20 | an arrest not followed by a conviction shall not be the | ||||||
21 | basis of a denial and may be used only to assess an | ||||||
22 | applicant's rehabilitation. | ||||||
23 | (4) Convictions overturned by a higher court. | ||||||
24 | (5) Convictions or arrests that have been sealed or | ||||||
25 | expunged. |
| |||||||
| |||||||
1 | (b) Except as provided in Section 2105-165 of the | ||||||
2 | Department of Professional Regulation Law, when determining | ||||||
3 | whether to grant a license to an applicant with a prior | ||||||
4 | conviction of a felony or of a misdemeanor directly related to | ||||||
5 | the practice of the profession, the Department shall consider | ||||||
6 | any evidence of rehabilitation and mitigating factors | ||||||
7 | contained in the applicant's record, including any of the | ||||||
8 | 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 |
| |||||||
| |||||||
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 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 practice requiring a license. If | ||||||
18 | the Department refuses to grant a license to an applicant, then | ||||||
19 | the Department shall notify the applicant of the denial in | ||||||
20 | writing with the 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; |
| |||||||
| |||||||
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 a 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; |
| |||||||
| |||||||
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 a 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 a criminal conviction.
| ||||||
11 | (225 ILCS 20/19) (from Ch. 111, par. 6369)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
13 | Sec. 19. Grounds for disciplinary action.
| ||||||
14 | (1) The Department may refuse to issue, refuse to renew, | ||||||
15 | suspend, or
revoke any license, or may place on probation, | ||||||
16 | censure, reprimand, or take
other disciplinary or | ||||||
17 | non-disciplinary action deemed appropriate by the Department, | ||||||
18 | including the
imposition of fines not to exceed $10,000
for | ||||||
19 | each violation, with regard to any
license issued under the | ||||||
20 | provisions of this Act for any one or a combination of
the | ||||||
21 | following reasons:
| ||||||
22 | (a) material misstatements of fact in furnishing | ||||||
23 | information to the
Department or to any other State agency | ||||||
24 | or in furnishing information to any
insurance company with | ||||||
25 | respect to a claim on behalf of a licensee or a patient;
|
| |||||||
| |||||||
1 | (b) violations or negligent or intentional disregard | ||||||
2 | of this Act, or any
of the rules promulgated hereunder;
| ||||||
3 | (c) for licensees, conviction of or entry of a plea of | ||||||
4 | guilty or nolo contendere to any crime that is a felony | ||||||
5 | under the laws of the United States or any
state or | ||||||
6 | territory thereof or that is a misdemeanor, of
which an | ||||||
7 | essential
element is dishonesty, or any crime that is | ||||||
8 | directly related
to the practice of the clinical social | ||||||
9 | work or social work professions ; for applicants, the | ||||||
10 | provisions of Section 9A.1 apply ;
| ||||||
11 | (d) making any misrepresentation for the purpose of | ||||||
12 | obtaining licenses,
or violating any provision of this Act | ||||||
13 | or any of the rules promulgated
hereunder;
| ||||||
14 | (e) professional incompetence;
| ||||||
15 | (f) malpractice;
| ||||||
16 | (g) aiding or assisting another person in violating any | ||||||
17 | provision of this
Act or any rules;
| ||||||
18 | (h) failing to provide information within 30 days in | ||||||
19 | response to a
written request made by the Department;
| ||||||
20 | (i) engaging in dishonorable, unethical or | ||||||
21 | unprofessional conduct of a
character likely to deceive, | ||||||
22 | defraud or harm the public as defined by the
rules of the | ||||||
23 | Department, or violating the rules of professional conduct
| ||||||
24 | adopted by the Board and published by the Department;
| ||||||
25 | (j) habitual
or excessive use or addiction to alcohol, | ||||||
26 | narcotics, stimulants, or any other
chemical agent or drug |
| |||||||
| |||||||
1 | that results in a clinical social worker's or social
| ||||||
2 | worker's inability to practice
with reasonable judgment, | ||||||
3 | skill, or safety;
| ||||||
4 | (k) discipline by another jurisdiction, if at least one | ||||||
5 | of the grounds
for the discipline is the same or | ||||||
6 | substantially equivalent to those set
forth in this | ||||||
7 | Section;
| ||||||
8 | (l) directly or indirectly giving to or receiving from | ||||||
9 | any person, firm,
corporation, partnership, or association | ||||||
10 | any fee, commission, rebate or
other form of compensation | ||||||
11 | for any professional service not actually rendered. | ||||||
12 | Nothing in this paragraph (l) affects any bona fide | ||||||
13 | independent contractor or employment arrangements among | ||||||
14 | health care professionals, health facilities, health care | ||||||
15 | providers, or other entities, except as otherwise | ||||||
16 | prohibited by law. Any employment arrangements may include | ||||||
17 | provisions for compensation, health insurance, pension, or | ||||||
18 | other employment benefits for the provision of services | ||||||
19 | within the scope of the licensee's practice under this Act. | ||||||
20 | Nothing in this paragraph (l) shall be construed to require | ||||||
21 | an employment arrangement to receive professional fees for | ||||||
22 | services rendered;
| ||||||
23 | (m) a finding by the Board that the licensee, after | ||||||
24 | having the license
placed on probationary status, has | ||||||
25 | violated the terms of probation;
| ||||||
26 | (n) abandonment, without cause, of a client;
|
| |||||||
| |||||||
1 | (o) wilfully filing false reports relating to a | ||||||
2 | licensee's practice,
including but not limited to false | ||||||
3 | records filed with Federal or State
agencies or | ||||||
4 | departments;
| ||||||
5 | (p) wilfully failing to report an instance of suspected | ||||||
6 | child abuse or
neglect as required by the Abused and | ||||||
7 | Neglected Child Reporting Act;
| ||||||
8 | (q) being named as a perpetrator in an indicated report | ||||||
9 | by the
Department of Children and Family Services under the | ||||||
10 | Abused and
Neglected Child Reporting Act, and upon proof by | ||||||
11 | clear and convincing evidence
that the licensee has caused | ||||||
12 | a child to be or failed to take reasonable steps to prevent | ||||||
13 | a child from being an abused child or neglected child
as | ||||||
14 | defined in the Abused and Neglected Child Reporting Act;
| ||||||
15 | (r) physical illness, mental illness, or any other | ||||||
16 | impairment or disability, including, but not limited to,
| ||||||
17 | deterioration through the
aging process, or loss of motor | ||||||
18 | skills that results in the inability
to practice the | ||||||
19 | profession with reasonable judgment, skill or safety;
| ||||||
20 | (s) solicitation of professional services by using | ||||||
21 | false or
misleading advertising; or
| ||||||
22 | (t) violation of the Health Care Worker Self-Referral | ||||||
23 | Act.
| ||||||
24 | (2) (Blank).
| ||||||
25 | (3) The determination by a court that a licensee is subject | ||||||
26 | to
involuntary
admission or judicial admission as provided in |
| |||||||
| |||||||
1 | the Mental Health and
Developmental Disabilities Code, will | ||||||
2 | result in an automatic suspension of his
license. Such | ||||||
3 | suspension will end upon a finding by a court that the licensee
| ||||||
4 | is no longer subject to involuntary admission or judicial | ||||||
5 | admission and issues
an order so finding and discharging the | ||||||
6 | patient, and upon the recommendation of
the Board to the | ||||||
7 | Secretary that the licensee be allowed to resume professional
| ||||||
8 | practice.
| ||||||
9 | (4) The Department may refuse to issue or renew or may | ||||||
10 | suspend the license of a
person who (i) fails to file a return, | ||||||
11 | pay the tax, penalty, or interest shown in a
filed return, or | ||||||
12 | pay any final assessment of tax, penalty, or interest, as
| ||||||
13 | required by any tax Act administered by the Department of | ||||||
14 | Revenue,
until the requirements of the tax Act are satisfied or | ||||||
15 | (ii) has failed to pay any court-ordered child support as | ||||||
16 | determined by a court order or by
referral from the Department | ||||||
17 | of Healthcare and Family Services.
| ||||||
18 | (5) In enforcing this Section, the Board upon a showing of | ||||||
19 | a possible
violation may compel a person licensed to practice | ||||||
20 | under this Act, or
who has applied for licensure or | ||||||
21 | certification pursuant to this Act, to submit
to a mental or | ||||||
22 | physical examination, or both, as required by and at the | ||||||
23 | expense
of the Department. The examining physicians
shall be | ||||||
24 | those specifically designated by the Board.
The Board or the | ||||||
25 | Department may order the examining physician
to present | ||||||
26 | testimony concerning this mental or physical
examination
of the |
| |||||||
| |||||||
1 | licensee or applicant. No information shall be excluded by | ||||||
2 | reason of
any common law or statutory privilege relating to | ||||||
3 | communications between the
licensee or applicant and the | ||||||
4 | examining physician.
The person to be examined may have, at his | ||||||
5 | or her own expense, another
physician of his or her choice | ||||||
6 | present during all
aspects of the examination. Failure of any | ||||||
7 | person to submit to a mental or
physical examination, when | ||||||
8 | directed, shall be grounds for suspension of a
license until | ||||||
9 | the person submits to the examination if the Board finds,
after | ||||||
10 | notice and hearing, that the refusal to submit to the | ||||||
11 | examination was
without reasonable cause.
| ||||||
12 | If the Board finds a person unable to practice because of | ||||||
13 | the reasons
set forth in this Section, the Board may require | ||||||
14 | that person to submit to
care, counseling, or treatment by | ||||||
15 | physicians
approved
or designated by the Board, as a condition, | ||||||
16 | term, or restriction for continued,
reinstated, or
renewed | ||||||
17 | licensure to practice; or, in lieu of care, counseling or | ||||||
18 | treatment,
the
Board may recommend to the Department to file a | ||||||
19 | complaint to immediately
suspend, revoke or otherwise | ||||||
20 | discipline the license of the person.
Any person whose
license | ||||||
21 | was granted, continued, reinstated, renewed, disciplined or | ||||||
22 | supervised
subject to such terms, conditions or restrictions, | ||||||
23 | and who fails to comply with
such terms, conditions, or | ||||||
24 | restrictions, shall be referred to the Secretary for
a
| ||||||
25 | determination as to whether the person shall have his or her | ||||||
26 | license
suspended immediately, pending a hearing by the Board.
|
| |||||||
| |||||||
1 | In instances in which the Secretary immediately suspends a | ||||||
2 | person's license
under this Section, a hearing on that person's | ||||||
3 | license must be convened by
the Board within 30 days after the | ||||||
4 | suspension and completed without appreciable
delay.
The Board | ||||||
5 | shall have the authority to review the subject person's record | ||||||
6 | of
treatment and counseling regarding the impairment, to the | ||||||
7 | extent permitted by
applicable federal statutes and | ||||||
8 | regulations safeguarding the confidentiality of
medical | ||||||
9 | records.
| ||||||
10 | A person licensed under this Act and affected under this | ||||||
11 | Section shall
be
afforded an opportunity to demonstrate to the | ||||||
12 | Board that he or she can resume
practice in compliance with | ||||||
13 | acceptable and prevailing standards under the
provisions of his | ||||||
14 | or her license.
| ||||||
15 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
16 | Section 35. The Dietitian Nutritionist Practice Act is | ||||||
17 | amended by changing Section 95 and by adding Section 96 as | ||||||
18 | follows:
| ||||||
19 | (225 ILCS 30/95) (from Ch. 111, par. 8401-95)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2023)
| ||||||
21 | Sec. 95. Grounds for discipline.
| ||||||
22 | (1) The Department may refuse to issue or
renew, or may | ||||||
23 | revoke, suspend, place on probation, reprimand, or take other
| ||||||
24 | disciplinary or non-disciplinary action as the Department may |
| |||||||
| |||||||
1 | deem appropriate, including imposing fines not to
exceed | ||||||
2 | $10,000 for each violation, with regard to any license or | ||||||
3 | certificate for
any one or combination of the following causes:
| ||||||
4 | (a) Material misstatement in furnishing information to | ||||||
5 | the Department.
| ||||||
6 | (b) Violations of this Act or of
rules adopted under | ||||||
7 | this Act.
| ||||||
8 | (c) For licensees, conviction Conviction by plea of | ||||||
9 | guilty or nolo contendere, finding of guilt, jury verdict, | ||||||
10 | or entry of judgment or by sentencing of any crime, | ||||||
11 | including, but not limited to, convictions, preceding | ||||||
12 | sentences of supervision, conditional discharge, or first | ||||||
13 | offender probation, under the laws of any jurisdiction of | ||||||
14 | the United States (i) that is a felony or (ii) that is a | ||||||
15 | misdemeanor, an essential element of which is dishonesty, | ||||||
16 | or that is directly related to the practice of the | ||||||
17 | profession. For applicants, the provisions of Section 96 | ||||||
18 | apply.
| ||||||
19 | (d) Fraud or any misrepresentation in applying for or | ||||||
20 | procuring a license under this Act or in connection with | ||||||
21 | applying for renewal of a license under this Act.
| ||||||
22 | (e) Professional incompetence or gross negligence.
| ||||||
23 | (f) Malpractice.
| ||||||
24 | (g) Aiding or assisting another person in violating any | ||||||
25 | provision of
this Act or its rules.
| ||||||
26 | (h) Failing to provide information within 60 days in |
| |||||||
| |||||||
1 | response to a
written request made by the Department.
| ||||||
2 | (i) Engaging in dishonorable, unethical or | ||||||
3 | unprofessional conduct of a
character likely to deceive, | ||||||
4 | defraud, or harm the public.
| ||||||
5 | (j) Habitual or excessive use or abuse of drugs defined | ||||||
6 | in law as controlled substances, alcohol, or any other | ||||||
7 | substance that results in the
inability to practice with | ||||||
8 | reasonable judgment, skill, or safety.
| ||||||
9 | (k) Discipline by another state, the District of | ||||||
10 | Columbia, territory, country, or governmental agency if at | ||||||
11 | least one
of the grounds for the discipline is the same or | ||||||
12 | substantially equivalent
to those set forth in this Act.
| ||||||
13 | (l) Charging for professional services not rendered, | ||||||
14 | including filing false statements for the collection of | ||||||
15 | fees for which services are not rendered. Nothing in this | ||||||
16 | paragraph (1) affects any bona fide independent contractor | ||||||
17 | or employment arrangements among health care | ||||||
18 | professionals, health facilities, health care providers, | ||||||
19 | or other entities, except as otherwise prohibited by law. | ||||||
20 | Any employment arrangements may include provisions for | ||||||
21 | compensation, health insurance, pension, or other | ||||||
22 | employment benefits for the provision of services within | ||||||
23 | the scope of the licensee's practice under this Act. | ||||||
24 | Nothing in this paragraph (1) shall be construed to require | ||||||
25 | an employment arrangement to receive professional fees for | ||||||
26 | services rendered.
|
| |||||||
| |||||||
1 | (m) A finding by the Department that the licensee, | ||||||
2 | after having his or her
license placed on probationary | ||||||
3 | status, has violated the terms of probation.
| ||||||
4 | (n) Willfully making or filing false records or reports | ||||||
5 | in his or her practice, including, but not limited to, | ||||||
6 | false records filed with State agencies or departments.
| ||||||
7 | (o) Allowing one's license under this Act to be used by | ||||||
8 | an unlicensed person in violation of this Act.
| ||||||
9 | (p) Practicing under a false or, except as provided by | ||||||
10 | law, an assumed name.
| ||||||
11 | (q) Gross and willful overcharging for professional | ||||||
12 | services.
| ||||||
13 | (r) (Blank).
| ||||||
14 | (s) Willfully failing to report an instance of | ||||||
15 | suspected child abuse
or neglect as required by the Abused | ||||||
16 | and Neglected Child Reporting Act.
| ||||||
17 | (t) Cheating on or attempting to subvert a licensing | ||||||
18 | examination administered under this Act. | ||||||
19 | (u) Mental illness or disability that results in the | ||||||
20 | inability to practice under this Act with reasonable | ||||||
21 | judgment, skill, or safety. | ||||||
22 | (v) Physical illness, including, but not limited to, | ||||||
23 | deterioration through the aging process or loss of motor | ||||||
24 | skill that results in a licensee's inability to practice | ||||||
25 | under this Act with reasonable judgment, skill, or safety. | ||||||
26 | (w) Advising an individual to discontinue, reduce, |
| |||||||
| |||||||
1 | increase, or otherwise alter the intake of a drug | ||||||
2 | prescribed by a physician licensed to practice medicine in | ||||||
3 | all its branches or by a prescriber as defined in Section | ||||||
4 | 102 of the Illinois Controlled Substances Act. | ||||||
5 | (2) The Department may refuse to issue or may suspend | ||||||
6 | without hearing, as provided for in the Code of Civil | ||||||
7 | Procedure, the license of any person who fails to file a | ||||||
8 | return, or pay the tax, penalty, or interest shown in a filed | ||||||
9 | return, or pay any final assessment of the tax, penalty, or | ||||||
10 | interest as required by any tax Act administered by the | ||||||
11 | Illinois Department of Revenue, until such time as the | ||||||
12 | requirements of any such tax Act are satisfied in accordance | ||||||
13 | with subsection (g) of Section 2105-15 of the Civil | ||||||
14 | Administrative Code of Illinois. | ||||||
15 | (3) 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 item (5) of subsection | ||||||
20 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
21 | Illinois. | ||||||
22 | (4) 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 |
| |||||||
| |||||||
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 item (5) of | ||||||
5 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
6 | Code of Illinois. | ||||||
7 | (5) The determination by a circuit court that a licensee is | ||||||
8 | subject to involuntary admission or judicial admission, as | ||||||
9 | provided in the Mental Health and Developmental Disabilities | ||||||
10 | Code, operates as an automatic suspension. The suspension shall | ||||||
11 | end only upon a finding by a court that the patient is no | ||||||
12 | longer subject to involuntary admission or judicial admission | ||||||
13 | and the issuance of an order so finding and discharging the | ||||||
14 | patient. | ||||||
15 | (6) In enforcing this Act, the Department, upon a showing | ||||||
16 | of a possible violation, may compel an individual licensed to | ||||||
17 | practice under this Act, or who has applied for licensure under | ||||||
18 | this Act, to submit to a mental or physical examination, or | ||||||
19 | both, as required by and at the expense of the Department. The | ||||||
20 | Department may order the examining physician to present | ||||||
21 | testimony concerning the mental or physical examination of the | ||||||
22 | licensee or applicant. No information shall be excluded by | ||||||
23 | reason of any common law or statutory privilege relating to | ||||||
24 | communications between the licensee or applicant and the | ||||||
25 | examining physician. The examining physicians shall be | ||||||
26 | specifically designated by the Department. The individual to be |
| |||||||
| |||||||
1 | examined may have, at his or her own expense, another physician | ||||||
2 | of his or her choice present during all aspects of this | ||||||
3 | examination. The examination shall be performed by a physician | ||||||
4 | licensed to practice medicine in all its branches. Failure of | ||||||
5 | an individual to submit to a mental or physical examination, | ||||||
6 | when directed, shall result in an automatic suspension without | ||||||
7 | hearing. | ||||||
8 | A person holding a license under this Act or who has | ||||||
9 | applied for a license under this Act who, because of a physical | ||||||
10 | or mental illness or disability, including, but not limited to, | ||||||
11 | deterioration through the aging process or loss of motor skill, | ||||||
12 | is unable to practice the profession with reasonable judgment, | ||||||
13 | skill, or safety, may be required by the Department to submit | ||||||
14 | to care, counseling, or treatment by physicians approved or | ||||||
15 | designated by the Department as a condition, term, or | ||||||
16 | restriction for continued, reinstated, or renewed licensure to | ||||||
17 | practice. Submission to care, counseling, or treatment as | ||||||
18 | required by the Department shall not be considered discipline | ||||||
19 | of a license. If the licensee refuses to enter into a care, | ||||||
20 | counseling, or treatment agreement or fails to abide by the | ||||||
21 | terms of the agreement, then the Department may file a | ||||||
22 | complaint to revoke, suspend, or otherwise discipline the | ||||||
23 | license of the individual. The Secretary may order the license | ||||||
24 | suspended immediately, pending a hearing by the Department. | ||||||
25 | Fines shall not be assessed in disciplinary actions involving | ||||||
26 | physical or mental illness or impairment. |
| |||||||
| |||||||
1 | In instances in which the Secretary immediately suspends a | ||||||
2 | person's license under this Section, a hearing on that person's | ||||||
3 | license must be convened by the Department within 15 days after | ||||||
4 | the suspension and completed without appreciable delay. The | ||||||
5 | Department shall have the authority to review the subject | ||||||
6 | individual'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 | An individual licensed under this Act and affected under | ||||||
11 | this Section shall be afforded an opportunity to demonstrate to | ||||||
12 | the Department that he or she can resume practice in compliance | ||||||
13 | with acceptable and prevailing standards under the provisions | ||||||
14 | of his or her license.
| ||||||
15 | (Source: P.A. 97-1141, eff. 12-28-12; 98-148, eff. 8-2-13; | ||||||
16 | 98-756, eff. 7-16-14.)
| ||||||
17 | (225 ILCS 30/96 new) | ||||||
18 | Sec. 96. Applicant convictions. | ||||||
19 | (a) 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 |
| |||||||
| |||||||
1 | the Juvenile Court Act of 1987. | ||||||
2 | (2) Law enforcement records, court records, and | ||||||
3 | conviction records of an individual who was 17 years old at | ||||||
4 | the time of the offense and before January 1, 2014, unless | ||||||
5 | the nature of the offense required the individual to be | ||||||
6 | tried as an adult. | ||||||
7 | (3) Records of arrest not followed by a conviction | ||||||
8 | unless related to the practice of the profession. However, | ||||||
9 | applicants shall not be asked to report any arrests, and, | ||||||
10 | an arrest not followed by a conviction shall not be the | ||||||
11 | basis of a denial and may be used only to assess an | ||||||
12 | applicant's rehabilitation. | ||||||
13 | (4) Convictions overturned by a higher court. | ||||||
14 | (5) Convictions or arrests that have been sealed or | ||||||
15 | expunged. | ||||||
16 | (b) When reviewing, for the purpose of licensure, a | ||||||
17 | conviction of any felony or a misdemeanor directly related to | ||||||
18 | the practice of the profession of an applicant, the Department | ||||||
19 | shall consider any evidence of rehabilitation and mitigating | ||||||
20 | factors contained in the applicant's record, including any of | ||||||
21 | 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 a minimum: | ||||||
26 | (1) the number of applicants for a new or renewal |
| |||||||
| |||||||
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 a 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 a criminal conviction. | ||||||
24 | Section 40. The Environmental Health Practitioner | ||||||
25 | Licensing Act is amended by changing Section 35 and by adding |
| |||||||
| |||||||
1 | Section 32 as follows: | ||||||
2 | (225 ILCS 37/32 new) | ||||||
3 | Sec. 32. Applicant convictions. | ||||||
4 | (a) The Department shall not require the applicant to | ||||||
5 | report the following information and shall not consider the | ||||||
6 | following criminal history records in connection with an | ||||||
7 | application for licensure: | ||||||
8 | (1) Juvenile adjudications of delinquent minors as | ||||||
9 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
10 | subject to the restrictions set forth in Section 5-130 of | ||||||
11 | the Juvenile Court Act of 1987. | ||||||
12 | (2) Law enforcement records, court records, and | ||||||
13 | conviction records of an individual who was 17 years old at | ||||||
14 | the time of the offense and before January 1, 2014, unless | ||||||
15 | the nature of the offense required the individual to be | ||||||
16 | tried as an adult. | ||||||
17 | (3) Records of arrest not followed by a conviction | ||||||
18 | unless related to the practice of the profession. However, | ||||||
19 | applicants shall not be asked to report any arrests, and, | ||||||
20 | an arrest not followed by a conviction shall not be the | ||||||
21 | basis of a denial and may be used only to assess an | ||||||
22 | applicant's rehabilitation. | ||||||
23 | (4) Convictions overturned by a higher court. | ||||||
24 | (5) Convictions or arrests that have been sealed or | ||||||
25 | expunged. |
| |||||||
| |||||||
1 | (b) When reviewing, for the purpose of determining whether | ||||||
2 | to grant a license, a conviction of any misdemeanor directly | ||||||
3 | related to the practice of the profession or of any felony of | ||||||
4 | the applicant, 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 |
| |||||||
| |||||||
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 | applicant shall be notified of the denial in writing with the | ||||||
18 | 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 convictions that formed the sole or | ||||||
22 | 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 |
| |||||||
| |||||||
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 a 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 |
| |||||||
| |||||||
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 a 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 a criminal conviction.
| ||||||
9 | (225 ILCS 37/35)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2019)
| ||||||
11 | Sec. 35. Grounds for discipline.
| ||||||
12 | (a) The Department may refuse to issue or renew, or may | ||||||
13 | revoke, suspend,
place on probation, reprimand, or take other | ||||||
14 | disciplinary action with regard to
any license issued under | ||||||
15 | this Act as the Department may consider proper,
including the | ||||||
16 | imposition of fines not to exceed $5,000 for each violation, | ||||||
17 | for
any one or combination of the following causes:
| ||||||
18 | (1) Material misstatement in furnishing information to | ||||||
19 | the Department.
| ||||||
20 | (2) Violations of this Act or its rules.
| ||||||
21 | (3) For licensees, conviction Conviction of any felony | ||||||
22 | under the laws of any U.S. jurisdiction, any
misdemeanor an | ||||||
23 | essential element of which is dishonesty, or any crime that | ||||||
24 | is
directly related to the practice of the profession ; for | ||||||
25 | applicants only, the provisions of Section 32 apply .
|
| |||||||
| |||||||
1 | (4) Making any misrepresentation for the purpose of | ||||||
2 | obtaining a
certificate of registration.
| ||||||
3 | (5) Professional incompetence.
| ||||||
4 | (6) Aiding or assisting another person in violating any | ||||||
5 | provision of this
Act or its rules.
| ||||||
6 | (7) Failing to provide information within 60 days in | ||||||
7 | response to a written
request made by the Department.
| ||||||
8 | (8) Engaging in dishonorable, unethical, or | ||||||
9 | unprofessional conduct of a
character likely to deceive, | ||||||
10 | defraud, or harm the public as defined by rules of
the | ||||||
11 | Department.
| ||||||
12 | (9) Habitual or excessive use or addiction to alcohol, | ||||||
13 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
14 | that results in an
environmental health practitioner's | ||||||
15 | inability to practice with reasonable
judgment, skill, or | ||||||
16 | safety.
| ||||||
17 | (10) Discipline by another U.S. jurisdiction or | ||||||
18 | foreign nation, if at
least one of the grounds for a | ||||||
19 | discipline is the same or substantially
equivalent to those | ||||||
20 | set forth in this Act.
| ||||||
21 | (11) A finding by the Department that the registrant, | ||||||
22 | after having his or
her license placed on probationary | ||||||
23 | status, has violated the terms of
probation.
| ||||||
24 | (12) 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.
|
| |||||||
| |||||||
1 | (13) Physical illness, including, but not limited to, | ||||||
2 | deterioration
through the aging process or loss of motor | ||||||
3 | skills that result in the inability
to practice the | ||||||
4 | profession with reasonable judgment, skill, or safety.
| ||||||
5 | (14) Failure to comply with rules promulgated by the
| ||||||
6 | Illinois Department of Public Health or other State | ||||||
7 | agencies related to the
practice of environmental health.
| ||||||
8 | (15) The Department shall deny any application for a | ||||||
9 | license or renewal of
a license under this Act, without | ||||||
10 | hearing, to a person who has defaulted on an
educational | ||||||
11 | loan guaranteed by the Illinois Student Assistance | ||||||
12 | Commission;
however, the Department may issue a license or | ||||||
13 | renewal of a license if the
person in default has | ||||||
14 | established a satisfactory repayment record as determined
| ||||||
15 | by the Illinois Student Assistance
Commission.
| ||||||
16 | (16) Solicitation of professional services by using | ||||||
17 | false or misleading
advertising.
| ||||||
18 | (17) A finding that the license has been applied for or | ||||||
19 | obtained by
fraudulent means.
| ||||||
20 | (18) Practicing or attempting to practice under a name | ||||||
21 | other than the full
name as shown on the license or any | ||||||
22 | other legally authorized name.
| ||||||
23 | (19) Gross overcharging for professional services | ||||||
24 | including filing
statements for collection of fees or | ||||||
25 | moneys for which services are not
rendered.
| ||||||
26 | (b) The Department may refuse to issue or may suspend the |
| |||||||
| |||||||
1 | license of any
person who fails to (i) file a return, (ii) pay | ||||||
2 | the tax, penalty, or interest
shown in a filed return; or (iii) | ||||||
3 | pay 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 the requirements of the tax Act are satisfied.
| ||||||
6 | (c) The determination by a circuit court that a licensee is | ||||||
7 | subject
to involuntary admission or judicial admission to a | ||||||
8 | mental health facility as
provided in the Mental Health and | ||||||
9 | Developmental Disabilities Code operates as
an automatic | ||||||
10 | suspension. The suspension may end only upon a finding by a | ||||||
11 | court
that the licensee is no longer subject to involuntary | ||||||
12 | admission or judicial
admission, the issuance of an order so | ||||||
13 | finding and discharging the patient, and
the recommendation of | ||||||
14 | the Board to the Director that the licensee be allowed to
| ||||||
15 | resume practice.
| ||||||
16 | (d) In enforcing this Section, the Department, upon a | ||||||
17 | showing of a
possible
violation, may compel any person licensed | ||||||
18 | to practice under this Act or who has
applied
for licensure or | ||||||
19 | certification pursuant to this Act to submit to a mental or
| ||||||
20 | physical
examination, or both, as required by and at the | ||||||
21 | expense of the Department. The
examining physicians shall be | ||||||
22 | those specifically
designated by
the Department. The | ||||||
23 | Department may order the examining physician
to present | ||||||
24 | testimony concerning this 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 |
| |||||||
| |||||||
1 | communications between the licensee or
applicant and the
| ||||||
2 | examining physician. The person to be examined may
have, at his
| ||||||
3 | or her own expense, another physician of his or her
choice
| ||||||
4 | present during all aspects of the examination. Failure of any | ||||||
5 | person to submit
to a mental
or physical examination, when | ||||||
6 | directed, shall be grounds for suspension of a
license until
| ||||||
7 | the person submits to the examination if the Department finds, | ||||||
8 | after notice and
hearing,
that the refusal to submit to the | ||||||
9 | examination was without reasonable cause.
| ||||||
10 | If the Department finds an individual unable to practice | ||||||
11 | because of the
reasons set
forth in this Section, the | ||||||
12 | Department may require that individual to submit to
care,
| ||||||
13 | counseling, or treatment by physicians approved or designated | ||||||
14 | by the
Department, as a
condition, term, or restriction for | ||||||
15 | continued, reinstated, or renewed licensure
to practice
or, in | ||||||
16 | lieu of care, counseling, or treatment, the Department may file | ||||||
17 | a
complaint to
immediately suspend, revoke, or otherwise | ||||||
18 | discipline the license of the
individual.
| ||||||
19 | Any person whose license was granted, continued, | ||||||
20 | reinstated, renewed,
disciplined, or supervised subject to | ||||||
21 | such terms, conditions, or restrictions
and
who fails to comply | ||||||
22 | with such terms, conditions, or restrictions shall be
referred | ||||||
23 | to
the Director for a determination as to whether the person | ||||||
24 | shall have his or her
license suspended immediately, pending a | ||||||
25 | hearing by the Department.
| ||||||
26 | In instances in which the Director immediately suspends a |
| |||||||
| |||||||
1 | person's license
under this Section, a hearing on that person's | ||||||
2 | license must be convened by the
Department within 15 days after | ||||||
3 | the suspension and completed without
appreciable delay. The | ||||||
4 | Department shall have the authority to review the
subject
| ||||||
5 | person's record of treatment and counseling regarding the | ||||||
6 | impairment, to the
extent permitted by applicable federal | ||||||
7 | statutes and regulations safeguarding
the
confidentiality of | ||||||
8 | medical records.
| ||||||
9 | A person licensed under this Act and affected under this | ||||||
10 | Section shall be
afforded an opportunity to demonstrate to the | ||||||
11 | Department that he or she can
resume practice in compliance | ||||||
12 | with acceptable and prevailing standards under
the
provisions | ||||||
13 | of his or her license.
| ||||||
14 | (Source: P.A. 92-837, eff. 8-22-02 .)
| ||||||
15 | Section 45. The Massage Licensing Act is amended by | ||||||
16 | changing Sections 15 and 45 and by adding Section 15.1 as | ||||||
17 | follows:
| ||||||
18 | (225 ILCS 57/15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
20 | Sec. 15. Licensure requirements.
| ||||||
21 | (a) Persons
engaged in massage for
compensation
must be | ||||||
22 | licensed by the Department. The Department shall issue a | ||||||
23 | license to
an individual who meets all of the following | ||||||
24 | requirements:
|
| |||||||
| |||||||
1 | (1) The applicant has applied in writing on the | ||||||
2 | prescribed forms and has
paid the
required fees.
| ||||||
3 | (2) The applicant is at least 18 years of age and of | ||||||
4 | good moral character.
In
determining good
moral character, | ||||||
5 | the Department may take into consideration
conviction of | ||||||
6 | any crime under the laws of the United States or any state | ||||||
7 | or
territory
thereof that is a felony or is a misdemeanor | ||||||
8 | or any crime that is directly related
to the practice of | ||||||
9 | the profession and evidence of rehabilitation and | ||||||
10 | mitigating factors set forth in Section 15.1 of this Act .
| ||||||
11 | Such a conviction shall not operate automatically as a | ||||||
12 | complete
bar to a license,
except in the case of any | ||||||
13 | conviction for prostitution, rape, or sexual
misconduct,
| ||||||
14 | or where the applicant is a registered sex offender.
| ||||||
15 | (3) The applicant has met one of the following | ||||||
16 | requirements:
| ||||||
17 | (A) has successfully completed a massage therapy | ||||||
18 | program approved by the Department that requires
a | ||||||
19 | minimum
of 500 hours, except applicants applying on or | ||||||
20 | after January 1, 2014 shall meet a minimum requirement | ||||||
21 | of 600 hours,
and has
passed a
competency examination
| ||||||
22 | approved by the Department;
| ||||||
23 | (B) holds a current license from another | ||||||
24 | jurisdiction having licensure
requirements that | ||||||
25 | include the completion of a massage therapy program of | ||||||
26 | at least 500 hours; or
|
| |||||||
| |||||||
1 | (C) (blank).
| ||||||
2 | (b) Each applicant for licensure as a massage therapist | ||||||
3 | shall have his or her fingerprints submitted to the Department | ||||||
4 | of State Police in an electronic format that complies with the | ||||||
5 | form and manner for requesting and furnishing criminal history | ||||||
6 | record information as prescribed by the Department of State | ||||||
7 | Police. These fingerprints shall be checked against the | ||||||
8 | Department of State Police and Federal Bureau of Investigation | ||||||
9 | criminal history record databases now and hereafter filed. The | ||||||
10 | Department of State Police shall charge applicants a fee for | ||||||
11 | conducting the criminal history records check, which shall be | ||||||
12 | deposited into the State Police Services Fund and shall not | ||||||
13 | exceed the actual cost of the records check. The Department of | ||||||
14 | State Police shall furnish, pursuant to positive | ||||||
15 | identification, records of Illinois convictions to the | ||||||
16 | Department. The Department may require applicants to pay a | ||||||
17 | separate fingerprinting fee, either to the Department or to a | ||||||
18 | vendor. The Department, in its discretion, may allow an | ||||||
19 | applicant who does not have reasonable access to a designated | ||||||
20 | vendor to provide his or her fingerprints in an alternative | ||||||
21 | manner. The Department may adopt any rules necessary to | ||||||
22 | implement this Section.
| ||||||
23 | (Source: P.A. 97-514, eff. 8-23-11.)
| ||||||
24 | (225 ILCS 57/15.1 new) | ||||||
25 | Sec. 15.1. Applicant convictions. |
| |||||||
| |||||||
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 licensure: | ||||||
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 application for any license under this Act shall be | ||||||
24 | denied by reason of a finding of lack of "good moral character" | ||||||
25 | when the finding is based upon the fact that the applicant has | ||||||
26 | previously been convicted of one or more criminal offenses. |
| |||||||
| |||||||
1 | When reviewing, for the purpose of determining moral character | ||||||
2 | or licensure, a conviction of any felony or a misdemeanor | ||||||
3 | directly related to the practice of the profession, except of | ||||||
4 | an offense related to prostitution, rape, or sexual misconduct, | ||||||
5 | or where the applicant is a registered sex offender, by plea of | ||||||
6 | guilty or nolo contendere, finding of guilt, jury verdict, or | ||||||
7 | entry of judgment or by sentencing of an applicant, the | ||||||
8 | Department shall consider any evidence of rehabilitation and | ||||||
9 | mitigating factors contained in the applicant's record, | ||||||
10 | 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) whether 5 years since a felony conviction not | ||||||
16 | involving prostitution, rape, or sexual misconduct, or | ||||||
17 | requiring registration as a sex offender, or 3 years since | ||||||
18 | release from confinement for the conviction, whichever is | ||||||
19 | later, have passed without a subsequent 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 a 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; |
| |||||||
| |||||||
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 a 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 a criminal conviction.
| ||||||
14 | (225 ILCS 57/45)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
16 | Sec. 45. Grounds for discipline.
| ||||||
17 | (a) 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
| ||||||
20 | considers appropriate,
including the imposition of fines not to | ||||||
21 | exceed $10,000 for each violation, with
regard to any license | ||||||
22 | or licensee
for any one or more of the following:
| ||||||
23 | (1) violations of this Act or of the rules adopted | ||||||
24 | under this Act;
| ||||||
25 | (2) for licensees, conviction by plea of guilty or nolo |
| |||||||
| |||||||
1 | contendere, finding of guilt, jury verdict, or entry of | ||||||
2 | judgment or by sentencing of any crime, including, but not | ||||||
3 | limited to, convictions, preceding sentences of | ||||||
4 | supervision, conditional discharge, or first offender | ||||||
5 | probation, under the laws of any jurisdiction of the United | ||||||
6 | States: (i) that is a felony; or (ii) that is a | ||||||
7 | misdemeanor, an essential element of which is dishonesty, | ||||||
8 | or that is directly related to the practice of the | ||||||
9 | profession ; for applicants, the provisions of Section 15.1 | ||||||
10 | apply ;
| ||||||
11 | (3) professional incompetence;
| ||||||
12 | (4) advertising in a false, deceptive, or misleading | ||||||
13 | manner; | ||||||
14 | (5) aiding, abetting, assisting, procuring, advising, | ||||||
15 | employing, or contracting with any unlicensed person to | ||||||
16 | practice massage contrary to any rules or provisions of | ||||||
17 | this Act; | ||||||
18 | (6) engaging in immoral conduct in the commission of | ||||||
19 | any act, such as
sexual abuse, sexual misconduct, or sexual | ||||||
20 | exploitation, related to the
licensee's practice;
| ||||||
21 | (7) engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a
character
likely to deceive, | ||||||
23 | defraud, or harm the public;
| ||||||
24 | (8) practicing or offering to practice beyond the scope | ||||||
25 | permitted by law
or
accepting and performing professional | ||||||
26 | responsibilities which the licensee knows
or has reason to
|
| |||||||
| |||||||
1 | know that he or she is not competent to perform;
| ||||||
2 | (9) knowingly delegating professional responsibilities | ||||||
3 | to a person
unqualified by
training, experience, or | ||||||
4 | licensure to perform;
| ||||||
5 | (10) failing to provide information in response to a | ||||||
6 | written request made
by the
Department within 60 days;
| ||||||
7 | (11) having a habitual or excessive use of or addiction | ||||||
8 | to alcohol,
narcotics,
stimulants, or
any other chemical | ||||||
9 | agent or drug which results in the inability to practice
| ||||||
10 | with reasonable
judgment, skill, or safety;
| ||||||
11 | (12) having a pattern of practice or other behavior | ||||||
12 | that demonstrates
incapacity
or
incompetence to practice | ||||||
13 | under this Act;
| ||||||
14 | (13) discipline by another state, District of | ||||||
15 | Columbia, territory, or foreign nation, if at least one of | ||||||
16 | the grounds for the discipline is the same or substantially | ||||||
17 | equivalent to those set forth in this Section; | ||||||
18 | (14) a finding by the Department that the licensee, | ||||||
19 | after having his or her license placed on probationary | ||||||
20 | status, has violated the terms of probation; | ||||||
21 | (15) willfully making or filing false records or | ||||||
22 | reports in his or her practice, including, but not limited | ||||||
23 | to, false records filed with State agencies or departments; | ||||||
24 | (16) making a material misstatement in furnishing | ||||||
25 | information to the
Department or
otherwise making | ||||||
26 | misleading, deceptive, untrue, or fraudulent |
| |||||||
| |||||||
1 | representations
in violation of this
Act or otherwise in | ||||||
2 | the practice of the profession;
| ||||||
3 | (17) 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 | (18) inability to practice the profession with | ||||||
7 | reasonable judgment, skill, or safety as a result of | ||||||
8 | physical illness, including, but not limited to, | ||||||
9 | deterioration through the aging process, loss of motor | ||||||
10 | skill, or a mental illness or disability;
| ||||||
11 | (19) charging for professional services not rendered, | ||||||
12 | including filing false statements for the collection of | ||||||
13 | fees for which services are not rendered; | ||||||
14 | (20) practicing under a false or, except as provided by | ||||||
15 | law, an assumed name; or | ||||||
16 | (21) cheating on or attempting to subvert the licensing | ||||||
17 | examination administered under this Act. | ||||||
18 | All fines shall be paid within 60 days of the effective | ||||||
19 | date of the order imposing the fine. | ||||||
20 | (b) A person not licensed under this Act and engaged in the | ||||||
21 | business of offering massage therapy services through others, | ||||||
22 | shall not aid, abet, assist, procure, advise, employ, or | ||||||
23 | contract with any unlicensed person to practice massage therapy | ||||||
24 | contrary to any rules or provisions of this Act. A person | ||||||
25 | violating this subsection (b) shall be treated as a licensee | ||||||
26 | for the purposes of disciplinary action under this Section and |
| |||||||
| |||||||
1 | shall be subject to cease and desist orders as provided in | ||||||
2 | Section 90 of this Act. | ||||||
3 | (c) The Department shall revoke any license issued under | ||||||
4 | this Act of any person who is convicted of prostitution, rape, | ||||||
5 | sexual misconduct, or any crime that subjects the licensee to | ||||||
6 | compliance with the requirements of the Sex Offender | ||||||
7 | Registration Act and any such conviction shall operate as a | ||||||
8 | permanent bar in the State of Illinois to practice as a massage | ||||||
9 | therapist. | ||||||
10 | (d) The Department may refuse to issue or may suspend the | ||||||
11 | license of any
person who
fails to file a tax return, to pay | ||||||
12 | the tax, penalty, or interest shown in a
filed
tax return, or | ||||||
13 | to pay any final
assessment of tax, penalty, or interest, as | ||||||
14 | required by any tax Act
administered by the Illinois
Department | ||||||
15 | of Revenue, until such time as the requirements of the tax Act | ||||||
16 | are
satisfied in accordance with subsection (g) of Section | ||||||
17 | 2105-15 of the Civil Administrative Code of Illinois.
| ||||||
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 Civil Administrative Code of | ||||||
24 | Illinois. | ||||||
25 | (f) In cases where the Department of Healthcare and Family | ||||||
26 | Services has previously determined that a licensee or a |
| |||||||
| |||||||
1 | potential licensee is more than 30 days delinquent in the | ||||||
2 | payment of child support and has subsequently certified the | ||||||
3 | delinquency to the Department, the Department may refuse to | ||||||
4 | issue or renew or may revoke or suspend that person's license | ||||||
5 | or may take other disciplinary action against that person based | ||||||
6 | solely upon the certification of delinquency made by the | ||||||
7 | Department of Healthcare and Family Services in accordance with | ||||||
8 | item (5) of subsection (a) of Section 2105-15 of the Civil | ||||||
9 | Administrative Code of Illinois. | ||||||
10 | (g) 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
will | ||||||
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 a court
order so finding
and discharging | ||||||
17 | the patient.
| ||||||
18 | (h) In enforcing this Act, the Department or Board, upon a | ||||||
19 | showing of a
possible violation, may compel an individual | ||||||
20 | licensed to practice under this
Act, or who
has applied for | ||||||
21 | licensure under this Act, to submit to a mental or physical
| ||||||
22 | examination, or
both, as required by and at the expense of the | ||||||
23 | Department. The Department or
Board may
order the examining | ||||||
24 | physician to present testimony concerning the mental or
| ||||||
25 | physical
examination of the licensee or applicant. No | ||||||
26 | information shall be excluded by
reason of
any common law or |
| |||||||
| |||||||
1 | statutory privilege relating to communications between the
| ||||||
2 | licensee
or applicant and the examining physician. The | ||||||
3 | examining physicians shall be
specifically
designated by the | ||||||
4 | Board or Department. The individual to be examined may have,
at | ||||||
5 | his
or her own expense, another physician of his or her choice | ||||||
6 | present during all aspects of
this examination. The examination | ||||||
7 | shall be performed by a physician licensed
to practice
medicine | ||||||
8 | in all its branches. Failure of an individual to submit to a | ||||||
9 | mental
or physical
examination, when directed, shall result in | ||||||
10 | an automatic suspension without 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, the Department may file a complaint to | ||||||
25 | revoke, suspend, or otherwise discipline the license of the | ||||||
26 | individual. The Secretary may order the license suspended |
| |||||||
| |||||||
1 | immediately, pending a hearing by the Department. Fines shall | ||||||
2 | not be assessed in disciplinary actions involving physical or | ||||||
3 | 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 and Board shall have the authority to review the | ||||||
9 | subject
individual's record
of treatment and counseling | ||||||
10 | regarding the impairment to the extent permitted by
applicable | ||||||
11 | federal statutes and regulations safeguarding the | ||||||
12 | confidentiality of
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 or Board that he or
she can
resume practice in | ||||||
16 | compliance with acceptable and prevailing standards under
the
| ||||||
17 | provisions of his or her license.
| ||||||
18 | (Source: P.A. 97-514, eff. 8-23-11; 98-756, eff. 7-16-14.)
| ||||||
19 | Section 50. The Veterinary Medicine and Surgery Practice | ||||||
20 | Act of 2004 is amended by changing Section 25 and adding | ||||||
21 | Section 8.2 as follows: | ||||||
22 | (225 ILCS 115/8.2 new) | ||||||
23 | Sec. 8.2. Applicant convictions. | ||||||
24 | (a) The Department shall not require the applicant to |
| |||||||
| |||||||
1 | report information about the following and shall not consider | ||||||
2 | the following criminal history records in connection with an | ||||||
3 | application for a license or certification under this Act: | ||||||
4 | (1) Juvenile adjudications of delinquent minors as | ||||||
5 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
6 | subject to the restrictions set forth in Section 5-130 of | ||||||
7 | the Juvenile Court Act of 1987. | ||||||
8 | (2) Law enforcement records, court records, and | ||||||
9 | conviction records of an individual who was 17 years old at | ||||||
10 | the time of the offense and before January 1, 2014, unless | ||||||
11 | the nature of the offense required the individual to be | ||||||
12 | tried as an adult. | ||||||
13 | (3) Records of arrest not followed by a conviction | ||||||
14 | unless related to the practice of the profession. However, | ||||||
15 | applicants shall not be asked to report any arrests, and, | ||||||
16 | an arrest not followed by a conviction shall not be the | ||||||
17 | basis of a denial and may be used only to assess an | ||||||
18 | applicant's rehabilitation. | ||||||
19 | (4) Convictions overturned by a higher court. | ||||||
20 | (5) Convictions or arrests that have been sealed or | ||||||
21 | expunged. | ||||||
22 | (b) When determining whether to grant a license or | ||||||
23 | certification to an applicant with a prior conviction of any | ||||||
24 | felony or a misdemeanor directly related to the practice of the | ||||||
25 | profession, the Department shall consider any evidence of | ||||||
26 | rehabilitation and mitigating factors contained in the |
| |||||||
| |||||||
1 | applicant's record, including any of the following: | ||||||
2 | (1) the lack of direct relation of the offense for | ||||||
3 | which the applicant was previously convicted to the duties, | ||||||
4 | functions, and responsibilities of the position for which a | ||||||
5 | license or certificate is sought; | ||||||
6 | (2) whether 5 years since a felony conviction or 3 | ||||||
7 | years since release from confinement for the conviction, | ||||||
8 | whichever is later, have passed without a subsequent | ||||||
9 | conviction; | ||||||
10 | (3) if the applicant was previously licensed or | ||||||
11 | employed in this State or other state or jurisdictions, | ||||||
12 | then the lack of prior misconduct arising from or related | ||||||
13 | to the licensed position or position of employment; | ||||||
14 | (4) the age of the person at the time of the criminal | ||||||
15 | offense; | ||||||
16 | (5) successful completion of sentence and, for | ||||||
17 | applicants serving a term of parole or probation, a | ||||||
18 | progress report provided by the applicant's probation or | ||||||
19 | parole officer that documents the applicant's compliance | ||||||
20 | with conditions of supervision; | ||||||
21 | (6) evidence of the applicant's present fitness and | ||||||
22 | professional character; | ||||||
23 | (7) evidence of rehabilitation or rehabilitative | ||||||
24 | effort during or after incarceration, or during or after a | ||||||
25 | term of supervision, including, but not limited to, a | ||||||
26 | certificate of good conduct under Section 5-5.5-25 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections or a certificate of relief from | ||||||
2 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
3 | Corrections; and | ||||||
4 | (8) any other mitigating factors that contribute to the | ||||||
5 | person's potential and current ability to perform the | ||||||
6 | duties and responsibilities of the position for which a | ||||||
7 | license or employment is sought. | ||||||
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 practice requiring a license or | ||||||
11 | certification. If the Department refuses to grant a license or | ||||||
12 | certification to an applicant, then the Department shall notify | ||||||
13 | the applicant of the denial in writing with the following | ||||||
14 | included in the notice of denial: | ||||||
15 | (1) a statement about the decision to refuse to issue a | ||||||
16 | license or certification; | ||||||
17 | (2) a list of the convictions that formed the sole or | ||||||
18 | partial basis for the refusal to issue a license or | ||||||
19 | certification; | ||||||
20 | (3) a list of the mitigating evidence presented by the | ||||||
21 | applicant; | ||||||
22 | (4) reasons for refusing to issue a license or | ||||||
23 | certification specific to the evidence presented in | ||||||
24 | mitigation of conviction items that formed the partial or | ||||||
25 | sole basis for the Department's decision; and | ||||||
26 | (5) a summary of the appeal process or the earliest the |
| |||||||
| |||||||
1 | applicant may reapply for a license or certification, | ||||||
2 | whichever is applicable. | ||||||
3 | (d) No later than May 1 of each year, the Department | ||||||
4 | must prepare, publicly announce, and publish a report of | ||||||
5 | summary statistical information relating to new and | ||||||
6 | renewal license applications during the preceding calendar | ||||||
7 | year. Each report shall show, at a minimum: | ||||||
8 | (1) the number of applicants for a new or renewal | ||||||
9 | license or certification under this Act within the previous | ||||||
10 | calendar year; | ||||||
11 | (2) the number of applicants for a new or renewal | ||||||
12 | license or certification under this Act within the previous | ||||||
13 | calendar year who had any criminal conviction; | ||||||
14 | (3) the number of applicants for a new or renewal | ||||||
15 | license or certification under this Act in the previous | ||||||
16 | calendar year who were granted a license or certification; | ||||||
17 | (4) the number of applicants for a new or renewal | ||||||
18 | license or certification with a criminal conviction who | ||||||
19 | were granted a license or certification under this Act | ||||||
20 | within the previous calendar year; | ||||||
21 | (5) the number of applicants for a new or renewal | ||||||
22 | license or certification under this Act within the previous | ||||||
23 | calendar year who were denied a license or certification; | ||||||
24 | (6) the number of applicants for a new or renewal | ||||||
25 | license or certification with a criminal conviction who | ||||||
26 | were denied a license or certification under this Act in |
| |||||||
| |||||||
1 | the previous calendar year in part or in whole because of a | ||||||
2 | prior conviction; | ||||||
3 | (7) the number of probationary licenses or | ||||||
4 | certification without monitoring issued under this Act in | ||||||
5 | the previous calendar year to applicants with a criminal | ||||||
6 | conviction; and | ||||||
7 | (8) the number of probationary licenses or | ||||||
8 | certification with monitoring issued under this Act in the | ||||||
9 | previous calendar year to applicants with a criminal | ||||||
10 | conviction.
| ||||||
11 | (225 ILCS 115/25) (from Ch. 111, par. 7025)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
13 | Sec. 25. Disciplinary actions.
| ||||||
14 | 1. The Department may refuse to issue or renew, or may | ||||||
15 | revoke,
suspend, place on probation, reprimand, or take other | ||||||
16 | disciplinary or non-disciplinary
action as the Department may | ||||||
17 | deem appropriate, including imposing fines not to
exceed | ||||||
18 | $10,000 for each violation and the assessment of costs as | ||||||
19 | provided for in Section 25.3 of this Act, with regard to any
| ||||||
20 | license or certificate for any one or combination of the | ||||||
21 | following:
| ||||||
22 | A. Material misstatement in furnishing information to | ||||||
23 | the
Department.
| ||||||
24 | B. Violations of this Act, or of the rules adopted | ||||||
25 | pursuant to this Act.
|
| |||||||
| |||||||
1 | C. For licensees, conviction Conviction by plea of | ||||||
2 | guilty or nolo contendere, finding of guilt, jury verdict, | ||||||
3 | or entry of judgment or by sentencing of any crime, | ||||||
4 | including, but not limited to, convictions, preceding | ||||||
5 | sentences of supervision, conditional discharge, or first | ||||||
6 | offender probation, under the laws of any jurisdiction of | ||||||
7 | the United States that is (i) a felony or (ii) a | ||||||
8 | misdemeanor, an essential element of which is dishonesty, | ||||||
9 | or that is directly related to the practice of the | ||||||
10 | profession ; for applicants, the provisions of Section 8.2 | ||||||
11 | apply .
| ||||||
12 | D. Fraud or any misrepresentation in applying for or | ||||||
13 | procuring a license under this Act or in connection with | ||||||
14 | applying for renewal of a license under this Act.
| ||||||
15 | E. Professional incompetence.
| ||||||
16 | F. Malpractice.
| ||||||
17 | G. Aiding or assisting another person in violating any | ||||||
18 | provision of this
Act or rules.
| ||||||
19 | H. Failing, within 60 days, to provide information in | ||||||
20 | response to a
written request made by the Department.
| ||||||
21 | I. Engaging in dishonorable, unethical, or | ||||||
22 | unprofessional conduct of a
character likely to deceive, | ||||||
23 | defraud, or harm the public.
| ||||||
24 | J. Habitual or excessive use or abuse of drugs defined | ||||||
25 | in law as controlled substances, alcohol, or any other | ||||||
26 | substance that results in the inability
to practice with |
| |||||||
| |||||||
1 | reasonable judgment, skill, or safety.
| ||||||
2 | K. Discipline by another state, unit of government, | ||||||
3 | government agency, District of Columbia, territory, or
| ||||||
4 | foreign nation, if at least one of the grounds for the | ||||||
5 | discipline is the same
or substantially equivalent to those | ||||||
6 | set forth herein.
| ||||||
7 | L. Charging for professional services not rendered, | ||||||
8 | including filing false statements for the collection of | ||||||
9 | fees for which services are not rendered.
| ||||||
10 | M. A finding by the Board that the licensee or | ||||||
11 | certificate holder,
after having his license or | ||||||
12 | certificate placed on probationary status, has
violated | ||||||
13 | the terms of probation.
| ||||||
14 | N. Willfully making or filing false records or reports | ||||||
15 | in his practice,
including but not limited to false records | ||||||
16 | filed with State agencies or
departments.
| ||||||
17 | O. Physical illness, including but not limited to, | ||||||
18 | deterioration through
the aging process, or loss of motor | ||||||
19 | skill which results in the inability
to practice under this | ||||||
20 | Act with reasonable judgment, skill, or safety.
| ||||||
21 | P. Solicitation of professional services other than | ||||||
22 | permitted
advertising.
| ||||||
23 | Q. Allowing one's license under this Act to be used by | ||||||
24 | an unlicensed person in violation of this Act.
| ||||||
25 | R. Conviction of or cash compromise of a charge or | ||||||
26 | violation of the
Harrison Act or the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, regulating narcotics.
| ||||||
2 | S. Fraud or dishonesty in applying, treating, or | ||||||
3 | reporting on
tuberculin or other biological tests.
| ||||||
4 | T. Failing to report, as required by law, or making | ||||||
5 | false report of any
contagious or infectious diseases.
| ||||||
6 | U. Fraudulent use or misuse of any health certificate, | ||||||
7 | shipping
certificate, brand inspection certificate, or | ||||||
8 | other blank forms used in
practice that might lead to the | ||||||
9 | dissemination of disease or the transportation
of diseased | ||||||
10 | animals dead or alive; or dilatory methods, willful | ||||||
11 | neglect, or
misrepresentation in the inspection of milk, | ||||||
12 | meat, poultry, and the by-products
thereof.
| ||||||
13 | V. Conviction on a charge of cruelty to animals.
| ||||||
14 | W. Failure to keep one's premises and all equipment | ||||||
15 | therein in a clean
and sanitary condition.
| ||||||
16 | X. Failure to provide satisfactory proof of having | ||||||
17 | participated in
approved continuing education programs.
| ||||||
18 | Y. Mental illness or disability that results in the | ||||||
19 | inability to practice under this Act with reasonable | ||||||
20 | judgment, skill, or safety.
| ||||||
21 | Z. Conviction by any court of competent jurisdiction, | ||||||
22 | either within or
outside this State, of any violation of | ||||||
23 | any law governing the practice of
veterinary medicine, if | ||||||
24 | the Department determines, after investigation, that
the | ||||||
25 | person has not been sufficiently rehabilitated to warrant | ||||||
26 | the public trust.
|
| |||||||
| |||||||
1 | AA. Promotion of the sale of drugs, devices, | ||||||
2 | appliances, or goods provided
for a patient in any manner | ||||||
3 | to exploit the client for financial gain of the
| ||||||
4 | veterinarian.
| ||||||
5 | BB. Gross, willful, or continued overcharging for | ||||||
6 | professional services.
| ||||||
7 | CC. Practicing under a false or, except as provided by | ||||||
8 | law, an assumed
name.
| ||||||
9 | DD. Violating state or federal laws or regulations | ||||||
10 | relating to controlled substances or legend drugs.
| ||||||
11 | EE. Cheating on or attempting to subvert the licensing | ||||||
12 | examination
administered under this Act.
| ||||||
13 | FF. Using, prescribing, or selling a prescription drug | ||||||
14 | or the
extra-label use of a prescription drug by any means | ||||||
15 | in the absence of a valid
veterinarian-client-patient | ||||||
16 | relationship.
| ||||||
17 | GG. Failing to report a case of suspected aggravated | ||||||
18 | cruelty, torture,
or
animal fighting pursuant to Section | ||||||
19 | 3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||||||
20 | 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||||||
21 | Code of 2012.
| ||||||
22 | All fines imposed under this Section shall be paid within | ||||||
23 | 60 days after the effective date of the order imposing the fine | ||||||
24 | or in accordance with the terms set forth in the order imposing | ||||||
25 | the fine. | ||||||
26 | 2. The determination by a circuit court that a licensee or |
| |||||||
| |||||||
1 | certificate
holder is subject to involuntary admission or | ||||||
2 | judicial admission as provided in
the Mental Health and | ||||||
3 | Developmental Disabilities Code operates as an automatic
| ||||||
4 | suspension. The suspension will end only upon a finding by a | ||||||
5 | court that the
patient is no longer subject to involuntary | ||||||
6 | admission or judicial admission and
issues an order so finding | ||||||
7 | and discharging the patient. In any case where a license is | ||||||
8 | suspended under this provision, the licensee shall file a | ||||||
9 | petition for restoration and shall include evidence acceptable | ||||||
10 | to the Department that the licensee can resume practice in | ||||||
11 | compliance with acceptable and prevailing standards of his or | ||||||
12 | her profession.
| ||||||
13 | 3. All proceedings to suspend, revoke, place on | ||||||
14 | probationary status, or
take any other disciplinary action as | ||||||
15 | the Department may deem proper, with
regard to a license or | ||||||
16 | certificate on any of the foregoing grounds, must be
commenced | ||||||
17 | within 5 years after receipt by the Department of a complaint
| ||||||
18 | alleging the commission of or notice of the conviction order | ||||||
19 | for any of the
acts described in this Section. Except for | ||||||
20 | proceedings brought for violations
of items (CC), (DD), or | ||||||
21 | (EE), no action shall be commenced more than 5 years
after the | ||||||
22 | date of the incident or act alleged to have violated this | ||||||
23 | Section.
In the event of the settlement of any claim or cause | ||||||
24 | of action in favor of the
claimant or the reduction to final | ||||||
25 | judgment of any civil action in favor of the
plaintiff, the | ||||||
26 | claim, cause of action, or civil action being grounded on the
|
| |||||||
| |||||||
1 | allegation that a person licensed or certified under this Act | ||||||
2 | was negligent in
providing care, the Department shall have an | ||||||
3 | additional period of one year from
the date of the settlement | ||||||
4 | or final judgment in which to investigate and begin
formal | ||||||
5 | disciplinary proceedings under Section 25.2 of this Act, except | ||||||
6 | as
otherwise provided by law. The time during which the holder | ||||||
7 | of the license or
certificate was outside the State of Illinois | ||||||
8 | shall not be included within any
period of time limiting the | ||||||
9 | commencement of disciplinary action by the
Department.
| ||||||
10 | 4. The Department may refuse to issue or may suspend | ||||||
11 | without hearing, as provided for in the Illinois Code of Civil | ||||||
12 | Procedure,
the license of any person who fails to file a | ||||||
13 | return, to pay the tax, penalty,
or interest
shown in a filed | ||||||
14 | return, or to pay any final assessment of tax, penalty, or
| ||||||
15 | interest as
required by any tax Act administered by the | ||||||
16 | Illinois Department of Revenue, until such
time as
the | ||||||
17 | requirements of any such tax Act are satisfied in accordance | ||||||
18 | with subsection (g) of Section 2105-15 of the Civil | ||||||
19 | Administrative Code of Illinois.
| ||||||
20 | 5. In enforcing this Section, the Department, upon a | ||||||
21 | showing of a possible violation, may compel any individual who | ||||||
22 | is registered under this Act or any individual who has applied | ||||||
23 | for registration to submit to a mental or physical examination | ||||||
24 | or evaluation, or both, which may include a substance abuse or | ||||||
25 | sexual offender evaluation, at the expense of the Department. | ||||||
26 | The Department shall specifically designate the examining |
| |||||||
| |||||||
1 | physician licensed to practice medicine in all of its branches | ||||||
2 | or, if applicable, the multidisciplinary team involved in | ||||||
3 | providing the mental or physical examination and evaluation. | ||||||
4 | The multidisciplinary team shall be led by a physician licensed | ||||||
5 | to practice medicine in all of its branches and may consist of | ||||||
6 | one or more or a combination of physicians licensed to practice | ||||||
7 | medicine in all of its branches, licensed chiropractic | ||||||
8 | physicians, licensed clinical psychologists, licensed clinical | ||||||
9 | social workers, licensed clinical professional counselors, and | ||||||
10 | other professional and administrative staff. Any examining | ||||||
11 | physician or member of the multidisciplinary team may require | ||||||
12 | any person ordered to submit to an examination and evaluation | ||||||
13 | pursuant to this Section to submit to any additional | ||||||
14 | supplemental testing deemed necessary to complete any | ||||||
15 | examination or evaluation process, including, but not limited | ||||||
16 | to, blood testing, urinalysis, psychological testing, or | ||||||
17 | neuropsychological testing. | ||||||
18 | The Department may order the examining physician or any | ||||||
19 | member of the multidisciplinary team to provide to the | ||||||
20 | Department any and all records, including business records, | ||||||
21 | that relate to the examination and evaluation, including any | ||||||
22 | supplemental testing performed. The Department may order the | ||||||
23 | examining physician or any member of the multidisciplinary team | ||||||
24 | to present testimony concerning this examination and | ||||||
25 | evaluation of the registrant or applicant, including testimony | ||||||
26 | concerning any supplemental testing or documents relating to |
| |||||||
| |||||||
1 | the examination and evaluation. No information, report, | ||||||
2 | record, or other documents in any way related to the | ||||||
3 | examination and evaluation shall be excluded by reason of any | ||||||
4 | common law or statutory privilege relating to communication | ||||||
5 | between the licensee or applicant and the examining physician | ||||||
6 | or any member of the multidisciplinary team. No authorization | ||||||
7 | is necessary from the registrant or applicant ordered to | ||||||
8 | undergo an evaluation and examination for the examining | ||||||
9 | physician or any member of the multidisciplinary team to | ||||||
10 | provide information, reports, records, or other documents or to | ||||||
11 | provide any testimony regarding the examination and | ||||||
12 | evaluation. The individual to be examined may have, at his or | ||||||
13 | her own expense, another physician of his or her choice present | ||||||
14 | during all aspects of the examination. | ||||||
15 | Failure of any individual to submit to mental or physical | ||||||
16 | examination or evaluation, or both, when directed, shall result | ||||||
17 | in an automatic suspension without hearing, until such time as | ||||||
18 | the individual submits to the examination. If the Department | ||||||
19 | finds a registrant unable to practice because of the reasons | ||||||
20 | set forth in this Section, the Department shall require such | ||||||
21 | registrant to submit to care, counseling, or treatment by | ||||||
22 | physicians approved or designated by the Department as a | ||||||
23 | condition for continued, reinstated, or renewed registration. | ||||||
24 | In instances in which the Secretary immediately suspends a | ||||||
25 | registration under this Section, a hearing upon such person's | ||||||
26 | registration must be convened by the Department within 15 days |
| |||||||
| |||||||
1 | after such suspension and completed without appreciable delay. | ||||||
2 | The Department shall have the authority to review the | ||||||
3 | registrant's record of treatment and counseling regarding the | ||||||
4 | impairment to the extent permitted by applicable federal | ||||||
5 | statutes and regulations safeguarding the confidentiality of | ||||||
6 | medical records. | ||||||
7 | Individuals registered under this Act who are affected | ||||||
8 | under this Section, shall be afforded an opportunity to | ||||||
9 | demonstrate to the Department that they can resume practice in | ||||||
10 | compliance with acceptable and prevailing standards under the | ||||||
11 | provisions of their registration.
| ||||||
12 | 6. The Department shall deny a license or renewal | ||||||
13 | authorized by this Act to a person who has defaulted on an | ||||||
14 | educational loan or scholarship provided or guaranteed by the | ||||||
15 | Illinois Student Assistance Commission or any governmental | ||||||
16 | agency of this State in accordance with paragraph (5) of | ||||||
17 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
18 | Code of Illinois. | ||||||
19 | 7. In cases where the Department of Healthcare and Family | ||||||
20 | Services has previously determined a licensee or a potential | ||||||
21 | licensee is more than 30 days delinquent in the payment of | ||||||
22 | child support and has subsequently certified the delinquency to | ||||||
23 | the Department, the Department may refuse to issue or renew or | ||||||
24 | may revoke or suspend that person's license or may take other | ||||||
25 | disciplinary action against that person based solely upon the | ||||||
26 | certification of delinquency made by the Department of |
| |||||||
| |||||||
1 | Healthcare and Family Services in accordance with paragraph (5) | ||||||
2 | of subsection (a) of Section 2105-15 of the Civil | ||||||
3 | Administrative Code of Illinois. | ||||||
4 | (Source: P.A. 98-339, eff. 12-31-13; 99-78, eff. 7-20-15.)
| ||||||
5 | Section 55. The Pyrotechnic
Distributor and
Operator | ||||||
6 | Licensing Act is amended by changing Section 35 and by adding | ||||||
7 | Section 36 as follows:
| ||||||
8 | (225 ILCS 227/35)
| ||||||
9 | Sec. 35. Licensure requirements and fees.
| ||||||
10 | (a) Each application for a license to practice under this | ||||||
11 | Act shall be in
writing and signed by the applicant on forms | ||||||
12 | provided by the Office.
| ||||||
13 | (b) After January 1, 2006, all pyrotechnic displays and | ||||||
14 | pyrotechnic services, both indoor and
outdoor, must comply with | ||||||
15 | the requirements set forth in this Act.
| ||||||
16 | (c) After January 1, 2006, no person may engage in | ||||||
17 | pyrotechnic distribution without first applying for and | ||||||
18 | obtaining a license from the Office. Applicants for a license | ||||||
19 | must submit to the Office the following: | ||||||
20 | (1) A current BATFE license for the type of pyrotechnic | ||||||
21 | service or pyrotechnic display provided. | ||||||
22 | (2) Proof of $1,000,000 in product liability | ||||||
23 | insurance. | ||||||
24 | (3) Proof of $1,000,000 in general liability insurance |
| |||||||
| |||||||
1 | that covers the pyrotechnic display or pyrotechnic service | ||||||
2 | provided. | ||||||
3 | (4) Proof of Illinois Workers' Compensation Insurance. | ||||||
4 | (5) A license fee set by the Office. | ||||||
5 | (6) Proof of a current United States Department of | ||||||
6 | Transportation (DOT) Identification Number. | ||||||
7 | (7) Proof of a current USDOT Hazardous Materials | ||||||
8 | Registration Number. | ||||||
9 | (8) Proof of having the requisite knowledge, either | ||||||
10 | through training, examination, or
continuing education, as | ||||||
11 | established by Office rule. | ||||||
12 | (c-3) After January 1, 2010, no production company may | ||||||
13 | provide pyrotechnic displays or pyrotechnic services as part of | ||||||
14 | any production without either (i) obtaining a production | ||||||
15 | company license from the Office under which all pyrotechnic | ||||||
16 | displays and pyrotechnic services are performed by a licensed | ||||||
17 | lead pyrotechnic operator or (ii) hiring a pyrotechnic | ||||||
18 | distributor licensed in accordance with this Act to perform the | ||||||
19 | pyrotechnic displays or pyrotechnic services. Applicants for a | ||||||
20 | production company license must submit to the Office the | ||||||
21 | following: | ||||||
22 | (1) Proof of $2,000,000 in commercial general | ||||||
23 | liability insurance that covers any damage or injury | ||||||
24 | resulting from the pyrotechnic displays or pyrotechnic | ||||||
25 | services provided. | ||||||
26 | (2) Proof of Illinois Worker's Compensation insurance. |
| |||||||
| |||||||
1 | (3) A license fee set by the Office. | ||||||
2 | (4) Proof of a current USDOT Identification Number, | ||||||
3 | unless: | ||||||
4 | (A) proof of such is provided by the lead | ||||||
5 | pyrotechnic operator employed by the production | ||||||
6 | company or insured as an additional named insured on | ||||||
7 | the production company's general liability insurance, | ||||||
8 | as required under paragraph (1) of this subsection; or | ||||||
9 | (B) the production company certifies under penalty | ||||||
10 | of perjury that it engages only in flame effects or | ||||||
11 | never transports materials in quantities that require | ||||||
12 | registration with USDOT, or both. | ||||||
13 | (5) Proof of a current USDOT Hazardous Materials | ||||||
14 | Registration Number, unless: | ||||||
15 | (A) proof of such is provided by the lead | ||||||
16 | pyrotechnic operator employed by the production | ||||||
17 | company or insured as an additional named insured on | ||||||
18 | the production company's general liability insurance, | ||||||
19 | as required under paragraph (1) of this subsection; or | ||||||
20 | (B) the production company certifies under penalty | ||||||
21 | of perjury that it engages only in flame effects or | ||||||
22 | never transports materials in quantities that require | ||||||
23 | registration with USDOT, or both. | ||||||
24 | (6) Identification of the licensed lead pyrotechnic | ||||||
25 | operator employed by the production company or insured as | ||||||
26 | an additional named insured on the production company's |
| |||||||
| |||||||
1 | general liability insurance, as required under paragraph | ||||||
2 | (1) of this subsection. | ||||||
3 | The insurer shall not cancel the insured's coverage or | ||||||
4 | remove any additional named insured or additional insured from | ||||||
5 | the policy coverage without notifying the Office in writing at | ||||||
6 | least 15 days before cancellation. | ||||||
7 | (c-5) After January 1, 2006, no individual may act as a | ||||||
8 | lead operator in a
pyrotechnic display without first applying | ||||||
9 | for and obtaining a lead pyrotechnic
operator's
license from | ||||||
10 | the Office. The Office shall establish separate licenses for
| ||||||
11 | lead pyrotechnic
operators for indoor and outdoor pyrotechnic | ||||||
12 | displays. Applicants for a
license must:
| ||||||
13 | (1) Pay the fees set by the Office.
| ||||||
14 | (2) Have the requisite training or continuing | ||||||
15 | education as
established
in the Office's rules.
| ||||||
16 | (3) (Blank).
| ||||||
17 | (d) A person is qualified to receive a license under this | ||||||
18 | Act if
the person
meets all of the following minimum | ||||||
19 | requirements:
| ||||||
20 | (1) Is at least 21 years of age.
| ||||||
21 | (2) Has not willfully violated any provisions of this | ||||||
22 | Act.
| ||||||
23 | (3) Has not made any material misstatement or knowingly | ||||||
24 | withheld
information in connection with any original or | ||||||
25 | renewal application.
| ||||||
26 | (4) Has not been declared incompetent by any competent |
| |||||||
| |||||||
1 | court by
reasons of mental or physical defect or disease | ||||||
2 | unless a court has since
declared
the person competent.
| ||||||
3 | (5) Does not have an addiction to or dependency on | ||||||
4 | alcohol or drugs that
is likely to endanger the public at a | ||||||
5 | pyrotechnic display.
| ||||||
6 | (6) If convicted Has not been convicted in any | ||||||
7 | jurisdiction of any felony within the
prior 5 years , has | ||||||
8 | been sufficiently rehabilitated following the conviction .
| ||||||
9 | (7) Is not a fugitive from justice. | ||||||
10 | (8) Has, or has applied for, a BATFE explosives license | ||||||
11 | or a Letter of Clearance from the BATFE.
| ||||||
12 | (9) If a lead pyrotechnic operator is employed by a | ||||||
13 | political subdivision of the State or by a licensed | ||||||
14 | production company or is insured as an additional named | ||||||
15 | insured on the production company's general liability | ||||||
16 | insurance, as required under paragraph (1) of subsection | ||||||
17 | (c-3) of this Section, he or she shall have a BATFE license | ||||||
18 | for the pyrotechnic services or pyrotechnic display | ||||||
19 | provided.
| ||||||
20 | (10) If a production company has not provided proof of | ||||||
21 | a current USDOT Identification Number and a current USDOT | ||||||
22 | Hazardous Materials Registration Number, as required by | ||||||
23 | paragraphs (5) and (6) of subsection (c-3) of this Section, | ||||||
24 | then the lead pyrotechnic operator employed by the | ||||||
25 | production company or insured as an additional named | ||||||
26 | insured on the production company's general liability |
| |||||||
| |||||||
1 | insurance, as required under paragraph (1) of subsection | ||||||
2 | (c-3) of this Section, shall provide such proof to the | ||||||
3 | Office. | ||||||
4 | (e) A person is qualified to assist a lead pyrotechnic | ||||||
5 | operator if the person meets
all of the
following minimum | ||||||
6 | requirements:
| ||||||
7 | (1) Is at least 18 years of age.
| ||||||
8 | (2) Has not willfully violated any provision of this | ||||||
9 | Act.
| ||||||
10 | (3) Has not been declared incompetent by any competent | ||||||
11 | court by reasons
of mental or physical defect or disease | ||||||
12 | unless a court has since declared the
person
competent.
| ||||||
13 | (4) Does not have an addiction to or dependency on | ||||||
14 | alcohol or drugs that
is likely to endanger the public at a | ||||||
15 | pyrotechnic display.
| ||||||
16 | (5) If convicted Has not been convicted in any | ||||||
17 | jurisdiction of any felony within the
prior 5 years , has | ||||||
18 | been sufficiently rehabilitated following the conviction .
| ||||||
19 | (6) Is not a fugitive from justice.
| ||||||
20 | (7) Is employed as an employee of the licensed | ||||||
21 | pyrotechnic distributor or the licensed production | ||||||
22 | company, or insured as an additional named insured on the | ||||||
23 | pyrotechnic distributor's product liability and general | ||||||
24 | liability insurance, as required under paragraphs (2) and | ||||||
25 | (3) of subsection (c) of this Section, or insured as an | ||||||
26 | additional named insured on the production company's |
| |||||||
| |||||||
1 | general liability insurance, as required under paragraph | ||||||
2 | (1) of subsection (c-3) of this Section. | ||||||
3 | (8) Has been registered with the Office by the licensed | ||||||
4 | distributor or the licensed production company on a form | ||||||
5 | provided by the Office prior to the time when the assistant | ||||||
6 | begins work on the pyrotechnic display or pyrotechnic | ||||||
7 | service. | ||||||
8 | (Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12.)
| ||||||
9 | (225 ILCS 227/36 new) | ||||||
10 | Sec. 36. Applicant convictions. | ||||||
11 | (a) The Office shall not require the applicant to report | ||||||
12 | the following information and shall not consider the following | ||||||
13 | criminal history records in connection with an application for | ||||||
14 | a license under this Act: | ||||||
15 | (1) Juvenile adjudications of delinquent minors as | ||||||
16 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
17 | subject to the restrictions set forth in Section 5-130 of | ||||||
18 | the Juvenile Court Act of 1987. | ||||||
19 | (2) Law enforcement records, court records, and | ||||||
20 | conviction records of an individual who was 17 years old at | ||||||
21 | the time of the offense and before January 1, 2014, unless | ||||||
22 | the nature of the offense required the individual to be | ||||||
23 | tried as an adult. | ||||||
24 | (3) Records of arrest not followed by a conviction. | ||||||
25 | (4) Convictions overturned by a higher court. |
| |||||||
| |||||||
1 | (5) Convictions or arrests that have been sealed or | ||||||
2 | expunged. | ||||||
3 | (b) When reviewing, for the purpose of licensure, a | ||||||
4 | conviction of any felony within the previous 5 years, the | ||||||
5 | Office shall consider any evidence of rehabilitation and | ||||||
6 | mitigating factors contained in the applicant's record, | ||||||
7 | including any of the following: | ||||||
8 | (1) the lack of direct relation of the offense for | ||||||
9 | which the applicant was previously convicted to the duties, | ||||||
10 | functions, and responsibilities of the position for which a | ||||||
11 | license is sought; | ||||||
12 | (2) the amount of time that has elapsed since the | ||||||
13 | offense occurred; | ||||||
14 | (3) if the applicant was previously licensed or | ||||||
15 | employed in this State or other state or jurisdictions, | ||||||
16 | then the lack of prior misconduct arising from or related | ||||||
17 | to the licensed position or position of employment; | ||||||
18 | (4) the age of the person at the time of the criminal | ||||||
19 | offense; | ||||||
20 | (5) successful completion of sentence and, for | ||||||
21 | applicants serving a term of parole or probation, a | ||||||
22 | progress report provided by the applicant's probation or | ||||||
23 | parole officer that documents the applicant's compliance | ||||||
24 | with conditions of supervision; | ||||||
25 | (6) evidence of the applicant's present fitness and | ||||||
26 | professional character; |
| |||||||
| |||||||
1 | (7) evidence of rehabilitation or rehabilitative | ||||||
2 | effort during or after incarceration, or during or after a | ||||||
3 | term of supervision, including, but not limited to, a | ||||||
4 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
5 | Unified Code of Corrections or a certificate of relief from | ||||||
6 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
7 | Corrections; and | ||||||
8 | (8) any other mitigating factors that contribute to the | ||||||
9 | person's potential and current ability to perform the | ||||||
10 | duties and responsibilities of the specific licensed | ||||||
11 | practice or employment position. | ||||||
12 | (c) It is the affirmative obligation of the Office to | ||||||
13 | demonstrate that a prior conviction would impair the ability of | ||||||
14 | the applicant to engage in the licensed practice. If the Office | ||||||
15 | refuses to issue a license to an applicant, then the applicant | ||||||
16 | shall be notified 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; | ||||||
20 | (2) a list of the convictions that formed the sole or | ||||||
21 | partial basis for the refusal to issue a license; | ||||||
22 | (3) a list of the mitigating evidence presented by the | ||||||
23 | applicant; | ||||||
24 | (4) reasons for refusing to issue a license specific to | ||||||
25 | the evidence presented in mitigation of conviction items | ||||||
26 | that formed the partial or sole basis for the Office's |
| |||||||
| |||||||
1 | decision; and | ||||||
2 | (5) a summary of the appeal process or the earliest the | ||||||
3 | applicant may reapply for a license, whichever is | ||||||
4 | applicable. | ||||||
5 | (d) No later than May 1 of each year, the Office must | ||||||
6 | prepare, publicly announce, and publish a report of summary | ||||||
7 | statistical information relating to new and renewal license | ||||||
8 | applications during the preceding calendar year. Each report | ||||||
9 | shall show, at a minimum: | ||||||
10 | (1) the number of applicants for a new or renewal | ||||||
11 | license under this Act within the previous calendar year; | ||||||
12 | (2) the number of applicants for a new or renewal | ||||||
13 | license under this Act within the previous calendar year | ||||||
14 | who had any criminal conviction; | ||||||
15 | (3) the number of applicants for a new or renewal | ||||||
16 | license under this Act in the previous calendar year who | ||||||
17 | were granted a license; | ||||||
18 | (4) the number of applicants for a new or renewal | ||||||
19 | license with a criminal conviction who were granted a | ||||||
20 | license under this Act within the previous calendar year; | ||||||
21 | (5) the number of applicants for a new or renewal | ||||||
22 | license under this Act within the previous calendar year | ||||||
23 | who were denied a license; | ||||||
24 | (6) the number of applicants for a new or renewal | ||||||
25 | license with a criminal conviction who were denied a | ||||||
26 | license under this Act in the previous calendar year in |
| |||||||
| |||||||
1 | whole or in part because of a prior conviction; | ||||||
2 | (7) the number of probationary licenses without | ||||||
3 | monitoring issued under this Act in the previous calendar | ||||||
4 | year to applicants with a criminal conviction; and | ||||||
5 | (8) the number of probationary licenses with | ||||||
6 | monitoring issued under this Act in the previous calendar | ||||||
7 | year to applicants with a criminal conviction. | ||||||
8 | Section 60. The Solid Waste Site Operator Certification Law | ||||||
9 | is amended by changing Section 1005 and by adding Section | ||||||
10 | 1005-1 as follows:
| ||||||
11 | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
| ||||||
12 | Sec. 1005. Agency authority. The Agency is authorized to | ||||||
13 | exercise
the following functions, powers and duties with | ||||||
14 | respect to solid waste site
operator certification:
| ||||||
15 | (a) To conduct examinations to ascertain the | ||||||
16 | qualifications of applicants
for certificates of competency as | ||||||
17 | solid waste site operators;
| ||||||
18 | (b) To conduct courses of training on the practical aspects | ||||||
19 | of the design,
operation and maintenance of sanitary landfills;
| ||||||
20 | (c) To issue a certificate to any applicant who has | ||||||
21 | satisfactorily met all
the requirements pertaining to a | ||||||
22 | certificate of competency as a solid waste
site operator;
| ||||||
23 | (d) To suspend, revoke or refuse to issue any certificate | ||||||
24 | for any one or
any combination of the following causes:
|
| |||||||
| |||||||
1 | (1) The practice of any fraud or deceit in obtaining or | ||||||
2 | attempting to
obtain a certificate of competency;
| ||||||
3 | (2) Negligence or misconduct in the operation of a | ||||||
4 | sanitary landfill;
| ||||||
5 | (3) Repeated failure to comply with any of the | ||||||
6 | requirements applicable
to the operation of a sanitary | ||||||
7 | landfill, except for Board requirements
applicable to the | ||||||
8 | collection of litter;
| ||||||
9 | (4) Repeated violations of federal, State or local | ||||||
10 | laws, regulations,
standards, or ordinances regarding the | ||||||
11 | operation of refuse disposal
facilities or sites;
| ||||||
12 | (5) For the certified, conviction Conviction in this or | ||||||
13 | another State of any crime which is a felony
under the laws | ||||||
14 | of this State or conviction of a felony in a federal court ; | ||||||
15 | for applicants, the provisions of Section 1005-1 apply ;
| ||||||
16 | (6) Proof of gross carelessness or incompetence in | ||||||
17 | handling, storing,
processing, transporting, or disposing | ||||||
18 | of any hazardous waste; or
| ||||||
19 | (7) Being declared to be a person under a legal | ||||||
20 | disability by a court
of competent jurisdiction and not | ||||||
21 | thereafter having been lawfully declared
to be a person not | ||||||
22 | under legal disability or to have recovered.
| ||||||
23 | (e) To adopt rules necessary to perform its functions, | ||||||
24 | powers, and duties
with respect to solid waste site operator | ||||||
25 | certifications.
| ||||||
26 | (Source: P.A. 86-1363.)
|
| |||||||
| |||||||
1 | (225 ILCS 230/1005-1 new) | ||||||
2 | Sec. 1005-1. Applicant convictions. | ||||||
3 | (a) The Agency shall not require applicants to report the | ||||||
4 | following information and shall not consider the following | ||||||
5 | criminal history records in connection with an application for | ||||||
6 | 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 | (4) Convictions overturned by a higher court. | ||||||
18 | (5) Convictions or arrests that have been sealed or | ||||||
19 | expunged. | ||||||
20 | (b) When reviewing, for the purpose of determining whether | ||||||
21 | to grant a certificate, a conviction of any felony of an | ||||||
22 | applicant, the Agency shall consider any evidence of | ||||||
23 | rehabilitation and mitigating factors contained in the | ||||||
24 | applicant's record, including any of the following: | ||||||
25 | (1) the lack of direct relation of the offense for |
| |||||||
| |||||||
1 | which the applicant was previously convicted to the duties, | ||||||
2 | functions, and responsibilities of the position for which | ||||||
3 | certification is sought; | ||||||
4 | (2) whether 5 years since a felony conviction or 3 | ||||||
5 | years since release from confinement for the conviction, | ||||||
6 | whichever is later, have passed without a subsequent | ||||||
7 | conviction; | ||||||
8 | (3) if the applicant was previously licensed or | ||||||
9 | employed in this State or other state or jurisdictions, | ||||||
10 | then the lack of prior misconduct arising from or related | ||||||
11 | to the licensed position or position of employment; | ||||||
12 | (4) the age of the person at the time of the criminal | ||||||
13 | offense; | ||||||
14 | (5) successful completion of sentence and, for | ||||||
15 | applicants serving a term of parole or probation, a | ||||||
16 | progress report provided by the applicant's probation or | ||||||
17 | parole officer that documents the applicant's compliance | ||||||
18 | with conditions of supervision; | ||||||
19 | (6) evidence of the applicant's present fitness and | ||||||
20 | professional character; | ||||||
21 | (7) evidence of rehabilitation or rehabilitative | ||||||
22 | effort during or after incarceration, or during or after a | ||||||
23 | term of supervision, including, but not limited to, a | ||||||
24 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
25 | Unified Code of Corrections or a certificate of relief from | ||||||
26 | disabilities under Section 5-5.5-10 of the Unified Code of |
| |||||||
| |||||||
1 | Corrections; and | ||||||
2 | (8) any other mitigating factors that contribute to the | ||||||
3 | person's potential and current ability to perform the | ||||||
4 | duties and responsibilities of the position for which a | ||||||
5 | certificate or employment is sought. | ||||||
6 | (c) It is the affirmative obligation of the Agency to | ||||||
7 | demonstrate that a prior conviction would impair the ability of | ||||||
8 | the applicant to engage in the certified practice. If the | ||||||
9 | Agency refuses to issue a certificate to an applicant, then the | ||||||
10 | Agency shall notify the applicant of the denial in writing with | ||||||
11 | the following included in the notice of denial: | ||||||
12 | (1) a statement about the decision to refuse to grant | ||||||
13 | certification; | ||||||
14 | (2) a list of the conviction items that formed the sole | ||||||
15 | or partial basis for the refusal to issue a certificate; | ||||||
16 | (3) a list of the mitigating evidence presented by the | ||||||
17 | applicant; | ||||||
18 | (4) reasons for refusing to issue a certificate | ||||||
19 | specific to the evidence presented in mitigation of | ||||||
20 | conviction items that formed the partial or sole basis for | ||||||
21 | the Agency's decision; and | ||||||
22 | (5) a summary of the appeal process or the earliest the | ||||||
23 | applicant may reapply for a certificate, whichever is | ||||||
24 | applicable. | ||||||
25 | (d) No later than May 1 of each year, the Agency must | ||||||
26 | prepare, publicly announce, and publish a report of summary |
| |||||||
| |||||||
1 | statistical information relating to new and renewal | ||||||
2 | certification applications during the preceding calendar year. | ||||||
3 | Each report shall show, at a minimum: | ||||||
4 | (1) the number of applicants for a new or renewal | ||||||
5 | certification under this Act within the previous calendar | ||||||
6 | year; | ||||||
7 | (2) the number of applicants for a new or renewal | ||||||
8 | certification under this Act within the previous calendar | ||||||
9 | year who had any criminal conviction; | ||||||
10 | (3) the number of applicants for a new or renewal | ||||||
11 | certification under this Act in the previous calendar year | ||||||
12 | who were granted a license; | ||||||
13 | (4) the number of applicants for a new or renewal | ||||||
14 | certification with a criminal conviction who were granted | ||||||
15 | certification under this Act within the previous calendar | ||||||
16 | year; | ||||||
17 | (5) the number of applicants for a new or renewal | ||||||
18 | certification under this Act within the previous calendar | ||||||
19 | year who were denied certification; | ||||||
20 | (6) the number of applicants for a new or renewal | ||||||
21 | certification with a criminal conviction who were denied | ||||||
22 | certification under this Act in the previous calendar year | ||||||
23 | in whole or in part because of a prior conviction; | ||||||
24 | (7) the number of probationary certifications without | ||||||
25 | monitoring issued under this Act in the previous calendar | ||||||
26 | year to applicants with a criminal conviction; and |
| |||||||
| |||||||
1 | (8) the number of probationary certifications with | ||||||
2 | monitoring issued under this Act in the previous calendar | ||||||
3 | year to applicants with a criminal conviction. | ||||||
4 | Section 65. The Interior Design Title Act is amended by | ||||||
5 | changing Section 13 and by adding Section 13.5 as follows:
| ||||||
6 | (225 ILCS 310/13) (from Ch. 111, par. 8213)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2022) | ||||||
8 | Sec. 13. Refusal, revocation or suspension of | ||||||
9 | registration. The Department may refuse to issue, renew, or | ||||||
10 | restore or may revoke, suspend,
place on probation, reprimand | ||||||
11 | or take other disciplinary action as the
Department may deem | ||||||
12 | proper, including fines not to exceed $5,000 for
each | ||||||
13 | violation, with regard to any registration for any one or | ||||||
14 | combination
of the following causes:
| ||||||
15 | (a) Fraud in procuring the certificate of | ||||||
16 | registration.
| ||||||
17 | (b) Habitual intoxication or addiction to the use of | ||||||
18 | drugs.
| ||||||
19 | (c) Making any misrepresentations or false promises, | ||||||
20 | directly or
indirectly, to influence, persuade, or induce | ||||||
21 | patronage.
| ||||||
22 | (d) Professional connection or association with, or | ||||||
23 | lending his or her name, to
another for illegal use of the | ||||||
24 | title "registered interior designer", or professional |
| |||||||
| |||||||
1 | connection or association with any person,
firm, or | ||||||
2 | corporation holding itself out in any manner contrary to | ||||||
3 | this Act.
| ||||||
4 | (e) Obtaining or seeking to obtain checks, money, or | ||||||
5 | any other items of
value by false or fraudulent | ||||||
6 | representations.
| ||||||
7 | (f) Use of the title under a name other than his or her | ||||||
8 | own.
| ||||||
9 | (g) Improper, unprofessional, or dishonorable conduct | ||||||
10 | of a character
likely to deceive, defraud, or harm the | ||||||
11 | public.
| ||||||
12 | (h) For licensees, conviction Conviction in this or | ||||||
13 | another state, or federal court, of any crime
which is a | ||||||
14 | felony, if the Department determines, after investigation, | ||||||
15 | that
such person has not been sufficiently rehabilitated to | ||||||
16 | warrant the public
trust. For applicants, the provisions of | ||||||
17 | Section 13.5 apply.
| ||||||
18 | (i) A violation of any provision of this Act or its | ||||||
19 | rules.
| ||||||
20 | (j) Revocation by another state, the District of | ||||||
21 | Columbia, territory, or
foreign nation of an interior | ||||||
22 | design or residential interior design
registration if at | ||||||
23 | least one of the
grounds for that revocation is the same as | ||||||
24 | or the equivalent of one of the
grounds for revocation set | ||||||
25 | forth in this Act.
| ||||||
26 | (k) Mental incompetence as declared by a court of |
| |||||||
| |||||||
1 | competent jurisdiction.
| ||||||
2 | (l) Being named as a perpetrator in an indicated report | ||||||
3 | by the
Department of Children and Family Services pursuant | ||||||
4 | to the Abused and
Neglected Child Reporting Act, and upon | ||||||
5 | proof by clear and convincing
evidence that the registrant | ||||||
6 | has caused a child to be an abused child or
neglected child | ||||||
7 | as defined in the Abused and Neglected Child Reporting Act.
| ||||||
8 | The Department shall deny a registration or renewal | ||||||
9 | authorized by
this Act to any person who has defaulted on an | ||||||
10 | educational loan guaranteed
by the Illinois Student Assistance | ||||||
11 | Commission; however, the Department may
issue a certificate of | ||||||
12 | registration or renewal if such person has
established a | ||||||
13 | satisfactory repayment record as determined by the
Illinois | ||||||
14 | Student Assistance Commission.
| ||||||
15 | The Department may refuse to issue or may suspend the | ||||||
16 | registration
of any person who fails to file a return, or to | ||||||
17 | pay the tax, penalty, or
interest showing in a filed return, or | ||||||
18 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
19 | required by any tax Act administered by the
Illinois Department | ||||||
20 | of Revenue, until such time as the requirements of any
such tax | ||||||
21 | Act are satisfied.
| ||||||
22 | The entry of a decree by any circuit court establishing | ||||||
23 | that any person
holding a certificate of registration under | ||||||
24 | this Act is a person subject to
involuntary admission under the | ||||||
25 | Mental Health and Developmental Disabilities
Code shall | ||||||
26 | operate as a suspension of that registration. That person may
|
| |||||||
| |||||||
1 | resume using the title "registered interior designer" only upon | ||||||
2 | a finding by the Board that he or she has been determined to be | ||||||
3 | no
longer subject to involuntary admission by the court and | ||||||
4 | upon the Board's
recommendation to the Director that he or she | ||||||
5 | be permitted to resume using the title
"registered interior | ||||||
6 | designer".
| ||||||
7 | (Source: P.A. 95-1023, eff. 6-1-09; 96-1334, eff. 7-27-10 .)
| ||||||
8 | (225 ILCS 310/13.5 new) | ||||||
9 | Sec. 13.5. Applicant convictions. | ||||||
10 | (a) The Department shall not require the applicant to | ||||||
11 | report the following information and shall not consider the | ||||||
12 | following criminal history records in connection with an | ||||||
13 | application for licensure: | ||||||
14 | (1) Juvenile adjudications of delinquent minors as | ||||||
15 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
16 | subject to the restrictions set forth in Section 5-130 of | ||||||
17 | the Juvenile Court Act of 1987. | ||||||
18 | (2) Law enforcement records, court records, and | ||||||
19 | conviction records of an individual who was 17 years old at | ||||||
20 | the time of the offense and before January 1, 2014, unless | ||||||
21 | the nature of the offense required the individual to be | ||||||
22 | tried as an adult. | ||||||
23 | (3) Records of arrest not followed by a conviction | ||||||
24 | unless related to the practice of the profession. However, | ||||||
25 | applicants shall not be asked to report any arrests, and, |
| |||||||
| |||||||
1 | an arrest not followed by a conviction shall not be the | ||||||
2 | basis of a denial and may be used only to assess an | ||||||
3 | applicant's rehabilitation. | ||||||
4 | (4) Convictions overturned by a higher court. | ||||||
5 | (5) Convictions or arrests that have been sealed or | ||||||
6 | expunged. | ||||||
7 | (b) When reviewing, for the purpose determining whether to | ||||||
8 | grant a license, a conviction of any felony by plea of guilty | ||||||
9 | or nolo contendere, finding of guilt, jury verdict, or entry of | ||||||
10 | judgment or by sentencing of an applicant, the Department shall | ||||||
11 | consider any evidence of rehabilitation and mitigating factors | ||||||
12 | contained in the applicant's record, including any of the | ||||||
13 | 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 or 3 | ||||||
19 | years since release from confinement for the conviction, | ||||||
20 | whichever is later, have passed without a subsequent | ||||||
21 | conviction; | ||||||
22 | (3) if the applicant was previously licensed or | ||||||
23 | employed in this State or other state or jurisdictions, | ||||||
24 | then the lack of prior misconduct arising from or related | ||||||
25 | to the licensed position or position of employment; | ||||||
26 | (4) the age of the person at the time of the criminal |
| |||||||
| |||||||
1 | offense; | ||||||
2 | (5) successful completion of sentence and, for | ||||||
3 | applicants serving a term of parole or probation, a | ||||||
4 | progress report provided by the applicant's probation or | ||||||
5 | parole officer that documents the applicant's compliance | ||||||
6 | with conditions of supervision; | ||||||
7 | (6) evidence of the applicant's present fitness and | ||||||
8 | professional character; | ||||||
9 | (7) evidence of rehabilitation or rehabilitative | ||||||
10 | effort during or after incarceration, or during or after a | ||||||
11 | term of supervision, including, but not limited to, a | ||||||
12 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
13 | Unified Code of Corrections or a certificate of relief from | ||||||
14 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
15 | Corrections; and | ||||||
16 | (8) any other mitigating factors that contribute to the | ||||||
17 | person's potential and current ability to perform the | ||||||
18 | duties and responsibilities of the position for which a | ||||||
19 | license or employment is sought. | ||||||
20 | (c) It is the affirmative obligation of the Department to | ||||||
21 | demonstrate that a prior conviction would impair the ability of | ||||||
22 | the applicant to engage in the licensed practice. If the | ||||||
23 | Department refuses to issue a license to an applicant, then the | ||||||
24 | Department shall notify the applicant of the denial in writing | ||||||
25 | with the following included in the notice of denial: | ||||||
26 | (1) a statement about the decision to refuse to issue a |
| |||||||
| |||||||
1 | license; | ||||||
2 | (2) a list of the conviction items that formed the sole | ||||||
3 | or partial basis for the refusal to issue a license; | ||||||
4 | (3) a list of the mitigating evidence presented by the | ||||||
5 | applicant; | ||||||
6 | (4) reasons for refusing to issue a license specific to | ||||||
7 | the evidence presented in mitigation of conviction items | ||||||
8 | that formed the partial or sole basis for the Department's | ||||||
9 | decision; and | ||||||
10 | (5) a summary of the appeal process or the earliest the | ||||||
11 | applicant may reapply for a license, whichever is | ||||||
12 | applicable. | ||||||
13 | (d) No later than May 1 of each year, the Department must | ||||||
14 | prepare, publicly announce, and publish a report of summary | ||||||
15 | statistical information relating to new and renewal license | ||||||
16 | applications during the preceding calendar year. Each report | ||||||
17 | shall show, at a minimum: | ||||||
18 | (1) the number of applicants for a new or renewal | ||||||
19 | license under this Act within the previous calendar year; | ||||||
20 | (2) the number of applicants for a new or renewal | ||||||
21 | license under this Act within the previous calendar year | ||||||
22 | who had any criminal conviction; | ||||||
23 | (3) the number of applicants for a new or renewal | ||||||
24 | license under this Act in the previous calendar year who | ||||||
25 | were granted a license; | ||||||
26 | (4) the number of applicants for a new or renewal |
| |||||||
| |||||||
1 | license with a criminal conviction who were granted a | ||||||
2 | license under this Act within the previous calendar year; | ||||||
3 | (5) the number of applicants for a new or renewal | ||||||
4 | license under this Act within the previous calendar year | ||||||
5 | who were denied a license; | ||||||
6 | (6) the number of applicants for a new or renewal | ||||||
7 | license with a criminal conviction who were denied a | ||||||
8 | license under this Act in the previous calendar year in | ||||||
9 | part or in full because of a prior conviction; | ||||||
10 | (7) the number of probationary licenses without | ||||||
11 | monitoring issued under this Act in the previous calendar | ||||||
12 | year to applicants with a criminal conviction; and | ||||||
13 | (8) the number of probationary licenses with | ||||||
14 | monitoring issued under this Act in the previous calendar | ||||||
15 | year to applicants with a criminal conviction. | ||||||
16 | Section 70. The Illinois Professional Land Surveyor Act of | ||||||
17 | 1989 is amended by changing Section 27 and by adding Section | ||||||
18 | 12.5 as follows: | ||||||
19 | (225 ILCS 330/12.5 new) | ||||||
20 | Sec. 12.5. Applicant convictions. | ||||||
21 | (a) The Department shall not require the applicant to | ||||||
22 | report the following information and shall not consider the | ||||||
23 | following criminal history records in connection with an | ||||||
24 | application for a license under this Act: |
| |||||||
| |||||||
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) No applicant for license under this Act shall be denied | ||||||
20 | a license based on a finding of a lack of "good moral | ||||||
21 | character" when a finding is based on the fact that an | ||||||
22 | applicant was previously convicted of a criminal offense or | ||||||
23 | offenses. When reviewing, for the purpose of determining moral | ||||||
24 | character or whether to grant a license, a conviction of any | ||||||
25 | felony or a misdemeanor directly related to the practice of the | ||||||
26 | profession, the Department shall consider any evidence of |
| |||||||
| |||||||
1 | rehabilitation and mitigating factors contained in the | ||||||
2 | applicant's record, including any of 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 |
| |||||||
| |||||||
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 | (c) It is the affirmative obligation of the Department to | ||||||
10 | demonstrate that a prior conviction would impair the ability of | ||||||
11 | the applicant to engage in the licensed practice. If the | ||||||
12 | Department refuses to issue a license to an applicant, then the | ||||||
13 | Department shall notify the applicant of the denial in writing | ||||||
14 | with the following included in the notice of denial: | ||||||
15 | (1) a statement about the decision to refuse to issue a | ||||||
16 | license; | ||||||
17 | (2) a list of the conviction items that formed the sole | ||||||
18 | or partial basis for the refusal to issue a license; | ||||||
19 | (3) a list of the mitigating evidence presented by the | ||||||
20 | applicant; | ||||||
21 | (4) reasons for refusing to issue a license specific to | ||||||
22 | the evidence presented in mitigation of conviction items | ||||||
23 | that formed the partial or sole basis for the Department's | ||||||
24 | decision; and | ||||||
25 | (5) a summary of the appeal process or the earliest the | ||||||
26 | applicant may reapply for a license, whichever is |
| |||||||
| |||||||
1 | applicable. | ||||||
2 | (d) No later than May 1 of each year, the Department must | ||||||
3 | prepare, publicly announce, and publish a report of summary | ||||||
4 | statistical information relating to new and renewal license | ||||||
5 | applications during the preceding calendar year. Each report | ||||||
6 | shall show, at a minimum: | ||||||
7 | (1) the number of applicants for a new or renewal | ||||||
8 | license under this Act within the previous calendar year; | ||||||
9 | (2) the number of applicants for a new or renewal | ||||||
10 | license under this Act within the previous calendar year | ||||||
11 | who had any criminal conviction; | ||||||
12 | (3) the number of applicants for a new or renewal | ||||||
13 | license under this Act in the previous calendar year who | ||||||
14 | were granted a license; | ||||||
15 | (4) the number of applicants for a new or renewal | ||||||
16 | license with a criminal conviction who were granted a | ||||||
17 | license under this Act within the previous calendar year; | ||||||
18 | (5) the number of applicants for a new or renewal | ||||||
19 | license under this Act within the previous calendar year | ||||||
20 | who were denied a license; | ||||||
21 | (6) the number of applicants for a new or renewal | ||||||
22 | license with a criminal conviction who were denied a | ||||||
23 | license under this Act in the previous calendar year in | ||||||
24 | part or in whole because of a prior conviction; | ||||||
25 | (7) the number of probationary licenses without | ||||||
26 | monitoring issued under this Act in the previous calendar |
| |||||||
| |||||||
1 | year to applicants with a criminal conviction; and | ||||||
2 | (8) the number of probationary licenses with | ||||||
3 | monitoring issued under this Act in the previous calendar | ||||||
4 | year to applicants with a criminal conviction.
| ||||||
5 | (225 ILCS 330/27) (from Ch. 111, par. 3277)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 27. Grounds for disciplinary action.
| ||||||
8 | (a) The Department may refuse to
issue or renew a license,
| ||||||
9 | or may place on probation or administrative supervision, | ||||||
10 | suspend, or revoke any license, or may reprimand or take any | ||||||
11 | disciplinary or non-disciplinary action as the Department may | ||||||
12 | deem proper, including the imposition of fines not to
exceed | ||||||
13 | $10,000 per violation, upon any person, corporation, | ||||||
14 | partnership, or professional land
surveying firm licensed or | ||||||
15 | registered under this Act for any
of the following reasons:
| ||||||
16 | (1) material misstatement in furnishing information to | ||||||
17 | the Department;
| ||||||
18 | (2) violation, including, but not limited to, neglect | ||||||
19 | or intentional
disregard, of this Act, or its rules;
| ||||||
20 | (3) for licensees, conviction of, or entry of a plea of | ||||||
21 | guilty or nolo contendere to, any crime that is a felony | ||||||
22 | under the laws of the United States or any state or | ||||||
23 | territory thereof or that is a misdemeanor of which an | ||||||
24 | essential element is dishonesty, or any crime that is | ||||||
25 | directly related to the practice of the profession ; for |
| |||||||
| |||||||
1 | applicants, the provisions of Section 12.5 apply ;
| ||||||
2 | (4) making any misrepresentation for the purpose of | ||||||
3 | obtaining a license,
or in applying for restoration or | ||||||
4 | renewal, or the practice of any fraud or
deceit in taking | ||||||
5 | any examination to qualify for licensure under this Act;
| ||||||
6 | (5) purposefully making false statements or signing | ||||||
7 | false statements,
certificates, or affidavits to induce | ||||||
8 | payment;
| ||||||
9 | (6) proof of carelessness, incompetence, negligence, | ||||||
10 | or misconduct in
practicing land surveying;
| ||||||
11 | (7) aiding or assisting another person in violating any | ||||||
12 | provision of
this Act or its rules;
| ||||||
13 | (8) failing to provide information in response to a | ||||||
14 | written request made
by the Department within 30 days after | ||||||
15 | receipt of such written request;
| ||||||
16 | (9) engaging in dishonorable, unethical, or | ||||||
17 | unprofessional conduct of a
character likely to deceive, | ||||||
18 | defraud, or harm the public;
| ||||||
19 | (10) inability to practice with reasonable judgment, | ||||||
20 | skill, or safety as a result of habitual or excessive use | ||||||
21 | of, or addiction to, alcohol, narcotics, stimulants or any | ||||||
22 | other chemical agent or drug;
| ||||||
23 | (11) discipline by the United States government, | ||||||
24 | another state, District
of Columbia, territory, foreign | ||||||
25 | nation or government agency if at least
one of the grounds | ||||||
26 | for the discipline is the same or substantially
equivalent |
| |||||||
| |||||||
1 | to those set forth in this Act;
| ||||||
2 | (12) directly or indirectly giving to or receiving from | ||||||
3 | any person,
firm, corporation, partnership, or association | ||||||
4 | any fee, commission, rebate,
or other form of compensation | ||||||
5 | for any professional services not actually or
personally | ||||||
6 | rendered;
| ||||||
7 | (12.5) issuing a map or plat of survey where the fee | ||||||
8 | for professional
services is contingent on a real estate | ||||||
9 | transaction closing;
| ||||||
10 | (13) a finding by the Department that an applicant or | ||||||
11 | licensee has failed to
pay
a fine imposed by the Department | ||||||
12 | or a licensee whose license has been
placed on probationary | ||||||
13 | status has violated the terms of probation;
| ||||||
14 | (14) practicing on an expired, inactive, suspended, or | ||||||
15 | revoked license;
| ||||||
16 | (15) signing, affixing the Professional Land | ||||||
17 | Surveyor's seal or
permitting the Professional Land | ||||||
18 | Surveyor's seal to be affixed to any map
or plat of survey | ||||||
19 | not prepared by the Professional
Land Surveyor or under the | ||||||
20 | Professional Land Surveyor's direct supervision and
| ||||||
21 | control;
| ||||||
22 | (16)
inability to practice the profession with | ||||||
23 | reasonable judgment, skill, or
safety as a result of | ||||||
24 | physical illness, including, but not limited to, | ||||||
25 | deterioration through the aging process or loss of motor | ||||||
26 | skill or a mental illness or disability;
|
| |||||||
| |||||||
1 | (17) (blank); or
| ||||||
2 | (18) failure to adequately supervise or control land | ||||||
3 | surveying
operations being performed by subordinates.
| ||||||
4 | (a-5) In enforcing this Section, the Department or Board, | ||||||
5 | upon a showing of a possible violation, may compel a person | ||||||
6 | licensed to practice under this Act, or who has applied for | ||||||
7 | licensure or certification pursuant to this Act, to submit to a | ||||||
8 | mental or physical examination, or both, as required by and at | ||||||
9 | the expense of the Department. The Department or Board may | ||||||
10 | order the examining physician to present testimony concerning | ||||||
11 | the mental or physical examination of the licensee or | ||||||
12 | applicant. No information shall be excluded by reason of any | ||||||
13 | common law or statutory privilege relating to communications | ||||||
14 | between the licensee or applicant and the examining physician. | ||||||
15 | The examining physicians shall be specifically designated by | ||||||
16 | the Board or Department. The individual to be examined may | ||||||
17 | have, at his or her own expense, another physician of his or | ||||||
18 | her choice present during all aspects of the examination. | ||||||
19 | Failure of an individual to submit to a mental or physical | ||||||
20 | examination when directed shall be grounds for the immediate | ||||||
21 | suspension of his or her license until the individual submits | ||||||
22 | to the examination if the Department finds that the refusal to | ||||||
23 | submit to the examination was without reasonable cause as | ||||||
24 | defined by rule. | ||||||
25 | If the Secretary immediately suspends the license of a | ||||||
26 | licensee for his or her failure to submit to a mental or |
| |||||||
| |||||||
1 | physical examination when directed, a hearing must be convened | ||||||
2 | by the Department within 15 days after the suspension and | ||||||
3 | completed without appreciable delay. | ||||||
4 | If the Secretary otherwise suspends a person's license | ||||||
5 | pursuant to the results of a compelled mental or physical | ||||||
6 | examination, a hearing on that person's license must be | ||||||
7 | convened by the Department within 15 days after the suspension | ||||||
8 | and completed without appreciable delay. The Department and | ||||||
9 | Board shall have the authority to review the subject | ||||||
10 | individual's record of treatment and counseling regarding | ||||||
11 | impairment to the extent permitted by applicable federal | ||||||
12 | statutes and regulations safeguarding the confidentiality of | ||||||
13 | medical records. | ||||||
14 | Any licensee suspended under this subsection (a-5) shall be | ||||||
15 | afforded an opportunity to demonstrate to the Department or | ||||||
16 | Board that he or she can resume practice in compliance with the | ||||||
17 | acceptable and prevailing standards under the provisions of his | ||||||
18 | or her license.
| ||||||
19 | (b) The determination by a circuit court that a licensee is | ||||||
20 | subject to
involuntary admission or judicial admission as | ||||||
21 | provided in the Mental
Health and Developmental Disabilities | ||||||
22 | Code, as
now or hereafter amended, operates as an automatic | ||||||
23 | license suspension. Such
suspension will end only upon a | ||||||
24 | finding by a court that the patient is no
longer subject to | ||||||
25 | involuntary admission or judicial admission and the
issuance of | ||||||
26 | an order so finding and discharging the patient and upon the
|
| |||||||
| |||||||
1 | recommendation of the Board to the Director that the licensee | ||||||
2 | be allowed to
resume his or her practice.
| ||||||
3 | (c) The Department shall deny a license or renewal | ||||||
4 | authorized by this Act to a person who has defaulted on an | ||||||
5 | educational loan or scholarship provided or guaranteed by the | ||||||
6 | Illinois Student Assistance Commission or any governmental | ||||||
7 | agency of this State in accordance with subdivision (a)(5) of | ||||||
8 | Section 2105-15 of the Department of Professional Regulation | ||||||
9 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
10 | 2105/2105-15). | ||||||
11 | (d) In cases where the Department of Healthcare and Family | ||||||
12 | Services (formerly the Department of Public Aid) has previously | ||||||
13 | determined that a licensee or a potential licensee is more than | ||||||
14 | 30 days delinquent in the payment of child support and has | ||||||
15 | subsequently certified the delinquency to the Department, the | ||||||
16 | Department shall refuse to issue or renew or shall revoke or | ||||||
17 | suspend that person's license or shall take other disciplinary | ||||||
18 | action against that person based solely upon the certification | ||||||
19 | of delinquency made by the Department of Healthcare and Family | ||||||
20 | Services in accordance with subdivision (a)(5) of Section | ||||||
21 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
22 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15). | ||||||
23 | (e) The Department shall refuse to issue or renew or shall | ||||||
24 | revoke or suspend a person's license or shall take other | ||||||
25 | disciplinary action against that person for his or her failure | ||||||
26 | to file a return, to pay the tax, penalty, or interest shown in |
| |||||||
| |||||||
1 | a filed return, or to pay any final assessment of tax, penalty, | ||||||
2 | or interest as required by any tax Act administered by the | ||||||
3 | Department of Revenue, until such time as the requirements of | ||||||
4 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
5 | Section 2105-15 of the Department of Professional Regulation | ||||||
6 | Law of the Civil Administrative Code of Illinois (20 ILCS | ||||||
7 | 2105/2105-15). | ||||||
8 | (Source: P.A. 98-756, eff. 7-16-14.)
| ||||||
9 | Section 75. The Water Well and Pump Installation | ||||||
10 | Contractor's License Act is amended by changing Section 15 and | ||||||
11 | by adding Section 15.1 as follows:
| ||||||
12 | (225 ILCS 345/15) (from Ch. 111, par. 7116)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
14 | Sec. 15.
The Department may refuse to issue or renew, may | ||||||
15 | suspend or may
revoke a license on any one or more of the | ||||||
16 | following grounds:
| ||||||
17 | (1) Material misstatement in the application for license;
| ||||||
18 | (2) Failure to have or retain the qualifications required | ||||||
19 | by Section 9
of this Act;
| ||||||
20 | (3) Wilful disregard or violation of this Act or of any | ||||||
21 | rule or
regulation promulgated by the Department pursuant | ||||||
22 | thereto; or disregard or
violation of any law of the state of | ||||||
23 | Illinois or of any rule or regulation
promulgated pursuant | ||||||
24 | thereto relating to water well drilling or the
installation of |
| |||||||
| |||||||
1 | water pumps and equipment or any rule or regulation adopted
| ||||||
2 | pursuant thereto;
| ||||||
3 | (4) Wilfully aiding or abetting another in the violation of | ||||||
4 | this Act or
any rule or regulation promulgated by the | ||||||
5 | Department pursuant thereto;
| ||||||
6 | (5) Incompetence in the performance of the work of a water | ||||||
7 | well
contractor or of a water well pump installation | ||||||
8 | contractor;
| ||||||
9 | (6) Allowing the use of a license by someone other than the | ||||||
10 | person in
whose name it was issued;
| ||||||
11 | (7) For licensees, conviction Conviction of any crime an | ||||||
12 | essential element of which is
misstatement, fraud or | ||||||
13 | dishonesty, conviction in this or another State of
any crime | ||||||
14 | which is a felony under the laws of this State or the | ||||||
15 | conviction
in a federal court of any felony ; for applicants, | ||||||
16 | the provisions of Section 15.1 apply; .
| ||||||
17 | (8) Making substantial misrepresentations or false | ||||||
18 | promises of a
character likely to influence, persuade or induce | ||||||
19 | in connection with the
occupation of a water well contractor or | ||||||
20 | a water well pump installation
contractor.
| ||||||
21 | (Source: P.A. 77-1626 .)
| ||||||
22 | (225 ILCS 345/15.1 new) | ||||||
23 | Sec. 15.1. Applicant convictions. | ||||||
24 | (a) The Department shall not require an applicant to | ||||||
25 | provide the following information and shall not consider the |
| |||||||
| |||||||
1 | following criminal history records in connection with an | ||||||
2 | application for licensure: | ||||||
3 | (1) Juvenile adjudications of delinquent minors as | ||||||
4 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
5 | subject to the exclusions set forth in Section 5-130 of the | ||||||
6 | Juvenile Court Act of 1987. | ||||||
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 unrelated to the | ||||||
13 | practice of the profession and not followed by a | ||||||
14 | conviction. However, applicants shall not be asked to | ||||||
15 | report any arrests, and, any arrest not followed by a | ||||||
16 | conviction shall not be the basis of a denial and may be | ||||||
17 | used only to assess the applicant's rehabilitation. | ||||||
18 | (4) Convictions overturned by a higher court. | ||||||
19 | (5) Convictions or arrests that have been sealed or | ||||||
20 | expunged. | ||||||
21 | (b) When reviewing, for the purpose of determining whether | ||||||
22 | to grant a license, a conviction of any felony of an applicant, | ||||||
23 | the Department shall consider evidence of rehabilitation and | ||||||
24 | mitigating factors contained in the applicant's record, | ||||||
25 | including the following: | ||||||
26 | (1) the lack of direct relation of the offense for |
| |||||||
| |||||||
1 | which the applicant was previously convicted to the duties, | ||||||
2 | functions, and responsibilities of the position for which a | ||||||
3 | license is sought; | ||||||
4 | (2) whether 5 years since a felony conviction or 3 | ||||||
5 | years since release from confinement for the conviction, | ||||||
6 | whichever is later, have passed without a subsequent | ||||||
7 | conviction; | ||||||
8 | (3) if the applicant was previously licensed or | ||||||
9 | employed in this State or other state or jurisdictions, | ||||||
10 | then the lack of prior misconduct arising from or related | ||||||
11 | to the licensed position or position of employment; | ||||||
12 | (4) the age of the person at the time of the criminal | ||||||
13 | offense; | ||||||
14 | (5) successful completion of sentence and, for | ||||||
15 | applicants serving a term of parole or probation, a | ||||||
16 | progress report provided by the applicant's probation or | ||||||
17 | parole officer that documents the applicant's compliance | ||||||
18 | with conditions of supervision; | ||||||
19 | (6) evidence of the applicant's present fitness and | ||||||
20 | professional character; | ||||||
21 | (7) evidence of rehabilitation or rehabilitative | ||||||
22 | effort during or after incarceration, or during or after a | ||||||
23 | term of supervision, including, but not limited to, a | ||||||
24 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
25 | Unified Code of Corrections or a certificate of relief from | ||||||
26 | disabilities under Section 5-5.5-10 of the Unified Code of |
| |||||||
| |||||||
1 | Corrections; and | ||||||
2 | (8) any other mitigating factors that contribute to the | ||||||
3 | person's potential and current ability to perform the job | ||||||
4 | duties. | ||||||
5 | (c) It is the affirmative obligation of the Department to | ||||||
6 | demonstrate that a prior conviction would impair the ability of | ||||||
7 | the applicant to engage in the licensed practice. If the | ||||||
8 | Department refuses to issue a license to an applicant, then the | ||||||
9 | Department shall notify the applicant of the denial in writing | ||||||
10 | with the following included in the notice of denial: | ||||||
11 | (1) a statement about the decision to refuse to issue a | ||||||
12 | license; | ||||||
13 | (2) a list of the convictions that formed the sole or | ||||||
14 | partial basis for the refusal to issue a license; | ||||||
15 | (3) a list of the mitigating evidence presented by the | ||||||
16 | applicant; | ||||||
17 | (4) reasons for refusing to issue a license specific to | ||||||
18 | the evidence presented in mitigation of conviction items | ||||||
19 | that formed the partial or sole basis for the Department's | ||||||
20 | decision; and | ||||||
21 | (5) a summary of the appeal process or the earliest the | ||||||
22 | applicant may reapply for a license, whichever is | ||||||
23 | applicable. | ||||||
24 | (d) No later than May 1 of each year, the Department must | ||||||
25 | prepare, publicly announce, and publish a report of summary | ||||||
26 | statistical information relating to new and renewal license |
| |||||||
| |||||||
1 | applications during the preceding calendar year. Each report | ||||||
2 | shall show, at a minimum: | ||||||
3 | (1) the number of applicants for a new or renewal | ||||||
4 | license under this Act within the previous calendar year; | ||||||
5 | (2) the number of applicants for a new or renewal | ||||||
6 | license under this Act within the previous calendar year | ||||||
7 | who had any criminal conviction; | ||||||
8 | (3) the number of applicants for a new or renewal | ||||||
9 | license under this Act in the previous calendar year who | ||||||
10 | were granted a license; | ||||||
11 | (4) the number of applicants for a new or renewal | ||||||
12 | license with a criminal conviction who were granted a | ||||||
13 | license under this Act within the previous calendar year; | ||||||
14 | (5) the number of applicants for a new or renewal | ||||||
15 | license under this Act within the previous calendar year | ||||||
16 | who were denied a license; | ||||||
17 | (6) the number of applicants for a new or renewal | ||||||
18 | license with a criminal conviction who were denied a | ||||||
19 | license under this Act in the previous calendar year in | ||||||
20 | part or in full because of a prior conviction; | ||||||
21 | (7) the number of probationary licenses without | ||||||
22 | monitoring issued under this Act in the previous calendar | ||||||
23 | year to applicants with a criminal conviction; and | ||||||
24 | (8)
the number of probationary licenses with | ||||||
25 | monitoring issued under this Act in the previous calendar | ||||||
26 | year to applicants with a criminal conviction. |
| |||||||
| |||||||
1 | Section 80. The Illinois Athlete Agents Act is amended by | ||||||
2 | changing Section 75 and by adding Section 74 as follows: | ||||||
3 | (225 ILCS 401/74 new) | ||||||
4 | Sec. 74. Applicant convictions. | ||||||
5 | (a) The Department shall not require the applicant to | ||||||
6 | report the following information and shall not consider the | ||||||
7 | following criminal history records in connection with an | ||||||
8 | application for licensure: | ||||||
9 | (1) Juvenile adjudications of delinquent minors as | ||||||
10 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
11 | subject to the restrictions set forth in Section 5-130 of | ||||||
12 | the Juvenile Court Act of 1987. | ||||||
13 | (2) Law enforcement records, court records, and | ||||||
14 | conviction records of an individual who was 17 years old at | ||||||
15 | the time of the offense and before January 1, 2014, unless | ||||||
16 | the nature of the offense required the individual to be | ||||||
17 | tried as an adult. | ||||||
18 | (3) Records of arrest not followed by a conviction | ||||||
19 | unless related to the practice of the profession. However, | ||||||
20 | applicants shall not be asked to report any arrests, and, | ||||||
21 | an arrest not followed by a conviction shall not be the | ||||||
22 | basis of a denial and may be used only to assess an | ||||||
23 | applicant's rehabilitation. | ||||||
24 | (4) Convictions overturned by a higher court. |
| |||||||
| |||||||
1 | (5) Convictions or arrests that have been sealed or | ||||||
2 | expunged. | ||||||
3 | (b) When reviewing, for the purpose of licensure, a | ||||||
4 | conviction of any misdemeanor directly related to the practice | ||||||
5 | of the profession or of any felony of the applicant, the | ||||||
6 | Department shall consider any evidence of rehabilitation and | ||||||
7 | mitigating factors contained in the applicant's record, | ||||||
8 | 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 |
| |||||||
| |||||||
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 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 | Department shall notify the applicant of the denial in writing | ||||||
20 | with the 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 conviction items that formed the sole | ||||||
24 | or partial basis for the refusal to issue a license; | ||||||
25 | (3) a list of the mitigating evidence presented by the | ||||||
26 | applicant; |
| |||||||
| |||||||
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 a 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; |
| |||||||
| |||||||
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 a 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 a criminal conviction. | ||||||
11 | (225 ILCS 401/75)
| ||||||
12 | Sec. 75. Grounds for disciplinary action.
| ||||||
13 | (a) The Department may refuse to issue or renew, or may | ||||||
14 | revoke, suspend, place on probation, reprimand, or take other | ||||||
15 | disciplinary or non-disciplinary action as the Department may | ||||||
16 | deem appropriate, including imposing fines not to exceed | ||||||
17 | $10,000 for each violation, with regard to any license for any | ||||||
18 | one or combination of the following:
| ||||||
19 | (1) Making a material misstatement in furnishing | ||||||
20 | information to the Department.
| ||||||
21 | (2) Violating this Act, or the rules adopted pursuant | ||||||
22 | to this Act.
| ||||||
23 | (3) For licensees, conviction Conviction of or entry of | ||||||
24 | a plea of guilty or nolo contendere, finding of guilt, jury | ||||||
25 | verdict, or entry of judgment or by sentencing of any |
| |||||||
| |||||||
1 | crime, including but not limited to convictions, preceding | ||||||
2 | sentences of supervision, conditional discharge or first | ||||||
3 | offender probation, to any crime that is a felony under the | ||||||
4 | laws of the United States or any state or territory thereof | ||||||
5 | or that is a misdemeanor of which as essential element is | ||||||
6 | dishonesty, or any crime that is directly related to the | ||||||
7 | practice of the profession.
For applicants, the provisions | ||||||
8 | of Section 74 of this Act apply. | ||||||
9 | (4) Making any misrepresentation for the purpose of | ||||||
10 | obtaining licensure or violating any provision of this Act | ||||||
11 | or the rules adopted under this Act pertaining to | ||||||
12 | advertising.
| ||||||
13 | (5) Professional incompetence.
| ||||||
14 | (6) Gross malpractice.
| ||||||
15 | (7) Aiding or assisting another person in violating any | ||||||
16 | provision of this Act or rules adopted under this Act.
| ||||||
17 | (8) Failing, within 60 days, to provide information in | ||||||
18 | response to a written request made by the Department.
| ||||||
19 | (9) Engaging in dishonorable, unethical, or | ||||||
20 | unprofessional conduct of a character likely to deceive, | ||||||
21 | defraud, or harm the public.
| ||||||
22 | (10) Inability to practice with reasonable judgment, | ||||||
23 | skill or safety as a result of habitual or excessive use or | ||||||
24 | addiction to alcohol, narcotics, stimulants or any other | ||||||
25 | chemical agent or drug.
| ||||||
26 | (11) Denial of any application as an athlete agent or |
| |||||||
| |||||||
1 | discipline by another state, District of Columbia, | ||||||
2 | territory, or foreign nation, if at least one of the | ||||||
3 | grounds for the discipline is the same or substantially | ||||||
4 | equivalent to those set forth in this Section.
| ||||||
5 | (12) A finding by the Department that the licensee, | ||||||
6 | after having his or her license placed on probationary | ||||||
7 | status, has violated the terms of probation.
| ||||||
8 | (13) Willfully making or filing false records or | ||||||
9 | reports in his or her practice, including but not limited | ||||||
10 | to, false records filed with State agencies or departments.
| ||||||
11 | (14) Inability to practice the profession with | ||||||
12 | reasonable judgment, skill, or safety as a result of a | ||||||
13 | physical illness, including but not limited to | ||||||
14 | deterioration through the aging process or loss of motor | ||||||
15 | skill, or a mental illness or disability.
| ||||||
16 | (15) Solicitation of professional services other than | ||||||
17 | permitted advertising.
| ||||||
18 | (16) Conviction of or cash compromise of a charge or | ||||||
19 | violation of the Illinois Controlled Substances Act | ||||||
20 | regulating narcotics.
| ||||||
21 | (17) Gross, willful, or continued overcharging for | ||||||
22 | professional services, including filing false statements | ||||||
23 | for collection of fees for which services are not rendered.
| ||||||
24 | (18) Practicing under a false or, except as provided by | ||||||
25 | law, an assumed name.
| ||||||
26 | (19) Fraud or misrepresentation in applying for, or |
| |||||||
| |||||||
1 | procuring, a license under this Act or in connection with | ||||||
2 | applying for renewal of a license under this Act.
| ||||||
3 | (20) Any instance in which the conduct of the applicant | ||||||
4 | or any person named pursuant to item (5) of subsection (a) | ||||||
5 | of Section 45 resulted in the imposition of a sanction, | ||||||
6 | suspension, or declaration of ineligibility to participate | ||||||
7 | in an interscholastic or intercollegiate athletic event on | ||||||
8 | a student-athlete or educational institution.
| ||||||
9 | (21) Any instance in which the conduct of any person | ||||||
10 | named pursuant to item (5) of subsection (a) of Section 45 | ||||||
11 | resulted in the denial of an application as an athlete | ||||||
12 | agent or discipline of a license as an athlete agent by | ||||||
13 | another state, District of Columbia, territory, or foreign | ||||||
14 | nation, if at least one of the grounds for the discipline | ||||||
15 | is the same or substantially equivalent to those set forth | ||||||
16 | in this Section.
| ||||||
17 | (22) Committing any of the activities set forth in | ||||||
18 | subsection (b) of Section 175 of this Act.
| ||||||
19 | (b) A person holding a license under this Act or has | ||||||
20 | applied for licensure under this Act who, because of a physical | ||||||
21 | or mental illness or disability, including but not limited to | ||||||
22 | deterioration through the aging process or loss of motor skill, | ||||||
23 | is unable to practice the profession with reasonable judgment, | ||||||
24 | skill, or safety may be required by the Department to submit to | ||||||
25 | care, counseling or treatment by physicians approved or | ||||||
26 | designated by the Department as a condition, term or |
| |||||||
| |||||||
1 | restriction for continued, reinstated or renewed licensure to | ||||||
2 | practice. Submission to care, counseling or treatment as | ||||||
3 | required by the Department shall not be considered discipline | ||||||
4 | of the license. If the licensee refuses to enter into a care, | ||||||
5 | counseling, or treatment agreement or fails to abide by the | ||||||
6 | terms of the agreement, then the Department may file a | ||||||
7 | complaint to suspend, revoke, or otherwise discipline the | ||||||
8 | license of the individual. The Secretary may order the license | ||||||
9 | suspended immediately, pending a hearing by the Department. | ||||||
10 | Fines shall not be assessed in disciplinary actions involving | ||||||
11 | physical or mental illness or impairment.
| ||||||
12 | (c) The determination by a circuit court that a licensee is | ||||||
13 | subject to involuntary admission or judicial admission as | ||||||
14 | provided in the Mental Health and Developmental Disabilities | ||||||
15 | Code, as amended, operates as an automatic suspension. The | ||||||
16 | suspension will end only upon a finding by a court that the | ||||||
17 | licensee is no longer subject to the involuntary admission or | ||||||
18 | judicial admission and issues an order so finding and | ||||||
19 | discharging the licensee; and upon review of the order by the | ||||||
20 | Secretary or his or her designee, the licensee may be allowed | ||||||
21 | to resume his or her practice.
| ||||||
22 | (d) The Department may refuse to issue or may suspend | ||||||
23 | without hearing as provided for in the Code of Civil Procedure | ||||||
24 | the license of any person who fails to file a return, or to pay | ||||||
25 | the tax, penalty or interest shown in a filed return, or to pay | ||||||
26 | any final assessment of the tax, penalty, or interest as |
| |||||||
| |||||||
1 | required by any tax Act administered by the Illinois Department | ||||||
2 | of Revenue, until such time as the requirements of any such tax | ||||||
3 | Act are satisfied.
| ||||||
4 | (e) In enforcing this Section, the Department upon a | ||||||
5 | showing of a possible violation may compel an individual | ||||||
6 | licensed to practice under this Act, or who has applied for | ||||||
7 | licensure under this Act, to submit to a mental or physical | ||||||
8 | examination, or both, as required by and at the expense of the | ||||||
9 | Department. The Department may order the examining physician to | ||||||
10 | present testimony concerning the mental or physical | ||||||
11 | examination of the licensee or applicant. No information shall | ||||||
12 | be excluded by reason of any common law or statutory privilege | ||||||
13 | relating to communications between the licensee or applicant | ||||||
14 | and the examining physician. The examining physicians shall be | ||||||
15 | specifically designated by the Department. The individual to be | ||||||
16 | examined may have, at his or her own expense, another physician | ||||||
17 | of his or her choice present during all aspects of this | ||||||
18 | examination. Failure of an individual to submit to a mental or | ||||||
19 | physical examination, when directed, shall be grounds for the | ||||||
20 | immediate suspension of his or her license until the individual | ||||||
21 | submits to the examination if the Department finds that the | ||||||
22 | refusal to submit to the examination was without reasonable | ||||||
23 | cause as defined by rule. | ||||||
24 | In instances in which the Secretary immediately suspends a | ||||||
25 | person's license for his or her failure to submit to a mental | ||||||
26 | or physical examination, when directed, a hearing on that |
| |||||||
| |||||||
1 | person's license must be convened by the Department within 15 | ||||||
2 | days after the suspension and completed without appreciable | ||||||
3 | delay. | ||||||
4 | In instances in which the Secretary otherwise suspends a | ||||||
5 | person's license pursuant to the results of a compelled mental | ||||||
6 | or physical examination a hearing on that person's license must | ||||||
7 | be convened by the Department within 15 days after the | ||||||
8 | suspension and completed without appreciable delay. The | ||||||
9 | Department shall have the authority to review the subject | ||||||
10 | individual's record of treatment and counseling regarding the | ||||||
11 | impairment to the extent permitted by applicable federal | ||||||
12 | statutes and regulations safeguarding the confidentiality of | ||||||
13 | medical records.
| ||||||
14 | An individual licensed under this Act and affected under | ||||||
15 | this Section shall be afforded an opportunity to demonstrate to | ||||||
16 | the Department that he or she can resume practice in compliance | ||||||
17 | with acceptable and prevailing standards under the provisions | ||||||
18 | of his or her license.
| ||||||
19 | (Source: P.A. 96-1030, eff. 1-1-11.) | ||||||
20 | Section 85. The Auction License Act is amended by changing | ||||||
21 | Section 20-15 and by adding Section 20-11 as follows: | ||||||
22 | (225 ILCS 407/20-11 new) | ||||||
23 | Sec. 20-11. Applicant convictions. | ||||||
24 | (a) The Department shall not require the applicant to |
| |||||||
| |||||||
1 | report information about the following, and shall not consider | ||||||
2 | the following criminal history records in connection with an | ||||||
3 | application for a license under this Act: | ||||||
4 | (1) Juvenile adjudications of delinquent minors as | ||||||
5 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
6 | subject to the restrictions set forth in Section 5-130 of | ||||||
7 | the Juvenile Court Act of 1987. | ||||||
8 | (2) Law enforcement records, court records, and | ||||||
9 | conviction records of an individual who was 17 years old at | ||||||
10 | the time of the offense and before January 1, 2014, unless | ||||||
11 | the nature of the offense required the individual to be | ||||||
12 | tried as an adult. | ||||||
13 | (3) Records of arrest not followed by a conviction | ||||||
14 | unless related to the practice of the profession. However, | ||||||
15 | applicants shall not be asked to report any arrests, and, | ||||||
16 | an arrest not followed by a conviction shall not be the | ||||||
17 | basis of a denial and may be used only to assess an | ||||||
18 | applicant's rehabilitation. | ||||||
19 | (4) Convictions overturned by a higher court. | ||||||
20 | (5) Convictions or arrests that have been sealed or | ||||||
21 | expunged. | ||||||
22 | (b) When reviewing, for the purpose of licensure, an | ||||||
23 | applicant's conviction of any felony or a misdemeanor that is | ||||||
24 | directly related to the practice of the profession, the | ||||||
25 | Department shall consider any evidence of rehabilitation and | ||||||
26 | mitigating factors contained in the applicant's record, |
| |||||||
| |||||||
1 | including any of the following: | ||||||
2 | (1) the lack of direct relation of the offense for | ||||||
3 | which the applicant was previously convicted to the duties, | ||||||
4 | functions, and responsibilities of the position for which a | ||||||
5 | license is sought; | ||||||
6 | (2) whether 5 years since a felony conviction or 3 | ||||||
7 | years since release from confinement for the conviction, | ||||||
8 | whichever is later, have passed without a subsequent | ||||||
9 | conviction; | ||||||
10 | (3) if the applicant was previously licensed or | ||||||
11 | employed in this State or other state or jurisdictions, | ||||||
12 | then the lack of prior misconduct arising from or related | ||||||
13 | to the licensed position or position of employment; | ||||||
14 | (4) the age of the person at the time of the criminal | ||||||
15 | offense; | ||||||
16 | (5) successful completion of sentence and, for | ||||||
17 | applicants serving a term of parole or probation, a | ||||||
18 | progress report provided by the applicant's probation or | ||||||
19 | parole officer that documents the applicant's compliance | ||||||
20 | with conditions of supervision; | ||||||
21 | (6) evidence of the applicant's present fitness and | ||||||
22 | professional character; | ||||||
23 | (7) evidence of rehabilitation or rehabilitative | ||||||
24 | effort during or after incarceration, or during or after a | ||||||
25 | term of supervision, including, but not limited to, a | ||||||
26 | certificate of good conduct under Section 5-5.5-25 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections or a certificate of relief from | ||||||
2 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
3 | Corrections; and | ||||||
4 | (8) any other mitigating factors that contribute to the | ||||||
5 | person's potential and current ability to perform the | ||||||
6 | duties and responsibilities of the position for which a | ||||||
7 | license or employment is sought. | ||||||
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 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. |
| |||||||
| |||||||
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 a 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 whole 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 a criminal conviction; and |
| |||||||
| |||||||
1 | (8) the number of probationary licenses with | ||||||
2 | monitoring issued under this Act in the previous calendar | ||||||
3 | year to applicants with a criminal conviction.
| ||||||
4 | (225 ILCS 407/20-15)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 20-15. Disciplinary actions; grounds. The Department | ||||||
7 | may refuse to issue
or renew a
license, may place on probation | ||||||
8 | or administrative supervision, suspend, or
revoke any license | ||||||
9 | or may
reprimand or take other disciplinary or non-disciplinary | ||||||
10 | action as the Department may deem proper, including the | ||||||
11 | imposition of fines not to exceed $10,000 for each violation | ||||||
12 | upon anyone licensed under this Act for any of the following | ||||||
13 | reasons:
| ||||||
14 | (1) False or fraudulent representation or material | ||||||
15 | misstatement in
furnishing
information to the Department | ||||||
16 | in obtaining or seeking to obtain a license.
| ||||||
17 | (2) Violation of any provision of this Act or the rules | ||||||
18 | promulgated
pursuant
to this
Act.
| ||||||
19 | (3) For licensees, conviction Conviction of or entry of | ||||||
20 | a plea of guilty or nolo contendere to any crime that is a | ||||||
21 | felony under the laws of the United States or any state or | ||||||
22 | territory thereof, or that is a misdemeanor, an essential | ||||||
23 | element of which is dishonesty,
or
any crime that is | ||||||
24 | directly related to the practice of the profession. For | ||||||
25 | applicants, the provisions of Section 20-11 apply.
|
| |||||||
| |||||||
1 | (4) Being adjudged to be a person under legal | ||||||
2 | disability or subject to
involuntary
admission or to meet | ||||||
3 | the standard for judicial admission as provided in the
| ||||||
4 | Mental Health and
Developmental Disabilities Code.
| ||||||
5 | (5) Discipline of a licensee by another state, the | ||||||
6 | District of Columbia, a
territory of
the United States, a | ||||||
7 | foreign nation, a governmental agency, or any other entity
| ||||||
8 | authorized to impose
discipline if at least one of the | ||||||
9 | grounds for that discipline is the same as or
the | ||||||
10 | equivalent to one of
the grounds for discipline set forth | ||||||
11 | in this Act or for failing to report to
the Department, | ||||||
12 | within 30 days,
any adverse final action taken against the | ||||||
13 | licensee by any other licensing
jurisdiction,
government | ||||||
14 | agency, law enforcement agency, or court, or liability for | ||||||
15 | conduct
that would constitute
grounds for action as set | ||||||
16 | forth in this Act.
| ||||||
17 | (6) Engaging in the practice of auctioneering, | ||||||
18 | conducting an auction, or
providing an
auction service | ||||||
19 | without a license or after the license was expired, | ||||||
20 | revoked,
suspended, or terminated
or while the license was | ||||||
21 | inoperative.
| ||||||
22 | (7) Attempting to subvert or cheat on the auctioneer | ||||||
23 | exam or any
continuing
education exam, or aiding or | ||||||
24 | abetting another to do the same.
| ||||||
25 | (8) Directly or indirectly giving to or receiving from | ||||||
26 | a person, firm,
corporation,
partnership, or association a |
| |||||||
| |||||||
1 | fee, commission, rebate, or other form of
compensation for | ||||||
2 | professional
service not actually or personally rendered, | ||||||
3 | except that an auctioneer licensed under this Act may | ||||||
4 | receive a fee from another licensed auctioneer from this | ||||||
5 | State or jurisdiction for the referring of a client or | ||||||
6 | prospect for auction services to the licensed auctioneer.
| ||||||
7 | (9) Making any substantial misrepresentation or | ||||||
8 | untruthful advertising.
| ||||||
9 | (10) Making any false promises of a character likely to | ||||||
10 | influence,
persuade,
or
induce.
| ||||||
11 | (11) Pursuing a continued and flagrant course of | ||||||
12 | misrepresentation or the
making of
false promises through a | ||||||
13 | licensee, agent, employee, advertising, or otherwise.
| ||||||
14 | (12) Any misleading or untruthful advertising, or | ||||||
15 | using any trade name or
insignia
of membership in any | ||||||
16 | auctioneer association or organization of which the
| ||||||
17 | licensee is not a member.
| ||||||
18 | (13) Commingling funds of others with his or her own | ||||||
19 | funds or failing to
keep
the
funds of others in an escrow | ||||||
20 | or trustee account.
| ||||||
21 | (14) Failure to account for, remit, or return any | ||||||
22 | moneys, property, or
documents
coming into his or her | ||||||
23 | possession that belong to others, acquired through the
| ||||||
24 | practice of
auctioneering, conducting an auction, or | ||||||
25 | providing an auction service within 30
days of the written
| ||||||
26 | request from the owner of said moneys, property, or |
| |||||||
| |||||||
1 | documents.
| ||||||
2 | (15) Failure to maintain and deposit into a special | ||||||
3 | account, separate and
apart from
any personal or other | ||||||
4 | business accounts, all moneys belonging to others
| ||||||
5 | entrusted to a licensee while
acting as an auctioneer, | ||||||
6 | associate auctioneer, auction firm, or as a temporary
| ||||||
7 | custodian of the funds
of others.
| ||||||
8 | (16) Failure to make available to Department
personnel | ||||||
9 | during normal business
hours
all
escrow and trustee records | ||||||
10 | and related documents maintained in connection with
the | ||||||
11 | practice of
auctioneering, conducting an auction, or | ||||||
12 | providing an auction service within 24
hours after a | ||||||
13 | request
from Department personnel.
| ||||||
14 | (17) Making or filing false records or reports in his | ||||||
15 | or her practice,
including but not
limited to false records | ||||||
16 | or reports filed with State agencies.
| ||||||
17 | (18) Failing to voluntarily furnish copies of all | ||||||
18 | written instruments
prepared by the
auctioneer and signed | ||||||
19 | by all parties to all parties at the time of execution.
| ||||||
20 | (19) Failing to provide information within 30 days in | ||||||
21 | response to a
written
request
made by the Department.
| ||||||
22 | (20) Engaging in any act that constitutes a violation | ||||||
23 | of Section 2-102,
3-103, or
3-105 of the Illinois Human | ||||||
24 | Rights Act.
| ||||||
25 | (21) (Blank).
| ||||||
26 | (22) Engaging in dishonorable, unethical, or |
| |||||||
| |||||||
1 | unprofessional conduct of a
character
likely to deceive, | ||||||
2 | defraud, or harm the public.
| ||||||
3 | (23) Offering or advertising real estate for sale or | ||||||
4 | lease at auction
without
a valid
broker or managing | ||||||
5 | broker's license under the Real Estate License Act of 1983, | ||||||
6 | or
any successor Act,
unless exempt from licensure under | ||||||
7 | the terms of the Real Estate License Act of 2000, or any
| ||||||
8 | successor Act, except as provided for in Section 5-32 of | ||||||
9 | the Real Estate License Act of 2000.
| ||||||
10 | (24) Inability to practice the profession with | ||||||
11 | reasonable judgment, skill, or safety as a result of a | ||||||
12 | physical illness, including, but not limited to, | ||||||
13 | deterioration through the aging process or loss of motor | ||||||
14 | skill, or a mental illness or disability. | ||||||
15 | (25) A pattern of practice or other behavior that
| ||||||
16 | demonstrates incapacity or incompetence to practice under | ||||||
17 | this Act. | ||||||
18 | (26) Being named as a perpetrator in an indicated
| ||||||
19 | report by the Department of Children and Family Services | ||||||
20 | under the Abused and Neglected Child Reporting Act and upon | ||||||
21 | proof by clear and convincing evidence that the licensee | ||||||
22 | has caused a child to be an abused child or a neglected | ||||||
23 | child as defined in the Abused and Neglected Child | ||||||
24 | Reporting Act. | ||||||
25 | (27) Inability to practice with reasonable judgment, | ||||||
26 | skill, or safety as a result of habitual or excessive use |
| |||||||
| |||||||
1 | or addiction to alcohol, narcotics, stimulants, or any | ||||||
2 | other chemical agent or drug. | ||||||
3 | (28) Wilfully failing to report an instance of
| ||||||
4 | suspected child abuse or neglect as required by the Abused | ||||||
5 | and Neglected Child Reporting Act. | ||||||
6 | The entry of an order by a circuit court establishing that | ||||||
7 | any person holding a license under this Act is subject to | ||||||
8 | involuntary admission or judicial admission, as provided for in | ||||||
9 | the Mental Health and Developmental Disabilities Code, | ||||||
10 | operates as an automatic suspension of that license. That | ||||||
11 | person may have his or her license restored only upon the | ||||||
12 | determination by a circuit court that the patient is no longer | ||||||
13 | subject to involuntary admission or judicial admission and the | ||||||
14 | issuance of an order so finding and discharging the patient and | ||||||
15 | upon the Board's recommendation to the Department that the | ||||||
16 | license be restored. Where circumstances so indicate, the Board | ||||||
17 | may recommend to the Department that it require an examination | ||||||
18 | prior to restoring a suspended license. | ||||||
19 | If the Department or Board finds an individual unable to | ||||||
20 | practice because of the reasons set forth in this Section, the | ||||||
21 | Department or Board may require that individual to submit to | ||||||
22 | care, counseling, or treatment by physicians approved or | ||||||
23 | designated by the Department or Board, as a condition, term, or | ||||||
24 | restriction for continued, reinstated, or renewed licensure to | ||||||
25 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
26 | Department may file, or the Board may recommend to the |
| |||||||
| |||||||
1 | Department to file, a complaint to immediately suspend, revoke, | ||||||
2 | or otherwise discipline the license of the individual. An | ||||||
3 | individual whose license was granted, continued, reinstated, | ||||||
4 | renewed, disciplined or supervised subject to such terms, | ||||||
5 | conditions, or restrictions, and who fails to comply with such | ||||||
6 | terms, conditions, or restrictions, shall be referred to the | ||||||
7 | Secretary for a determination as to whether the individual | ||||||
8 | shall have his or her license suspended immediately, pending a | ||||||
9 | hearing by the Department.
In instances in which the Secretary | ||||||
10 | immediately suspends a person's license under this Section, a | ||||||
11 | hearing on that person's license must be convened by the | ||||||
12 | Department within 21 days after the suspension and completed | ||||||
13 | without appreciable delay. The Department and Board shall have | ||||||
14 | the authority to review the subject individual's record of | ||||||
15 | treatment and counseling regarding the impairment to the extent | ||||||
16 | permitted by applicable federal statutes and regulations | ||||||
17 | safeguarding the confidentiality of medical records. | ||||||
18 | An individual licensed under this Act and affected under | ||||||
19 | this Section shall be afforded an opportunity to demonstrate to | ||||||
20 | the Department or Board that he or she can resume practice in | ||||||
21 | compliance with acceptable and prevailing standards under the | ||||||
22 | provisions of his or her license. | ||||||
23 | In enforcing this Section, the Department or Board, upon a | ||||||
24 | showing of a possible violation, may compel an individual | ||||||
25 | licensed to practice under this Act, or who has applied for | ||||||
26 | licensure under this Act, to submit to a mental or physical |
| |||||||
| |||||||
1 | examination, or both, as required by and at the expense of the | ||||||
2 | Department. The Department or Board may order the examining | ||||||
3 | physician to present testimony concerning the mental or | ||||||
4 | physical examination of the licensee or applicant. No | ||||||
5 | information shall be excluded by reason of any common law or | ||||||
6 | statutory privilege relating to communications between the | ||||||
7 | licensee or applicant and the examining physician. The | ||||||
8 | examining physicians shall be specifically designated by the | ||||||
9 | Board or Department. The individual to be examined may have, at | ||||||
10 | his or her own expense, another physician of his or her choice | ||||||
11 | present during all aspects of this examination. Failure of an | ||||||
12 | individual to submit to a mental or physical examination when | ||||||
13 | directed shall be grounds for suspension of his or her license | ||||||
14 | until the individual submits to the examination, if the | ||||||
15 | Department finds that, after notice and hearing, the refusal to | ||||||
16 | submit to the examination was without reasonable cause.
| ||||||
17 | (Source: P.A. 98-553, eff. 1-1-14.)
| ||||||
18 | Section 90. The Electrologist Licensing Act is amended by | ||||||
19 | changing Section 75 and by adding Section 76 as follows:
| ||||||
20 | (225 ILCS 412/75)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 75. Grounds for discipline.
| ||||||
23 | (a) The Department may refuse to issue or renew and may
| ||||||
24 | revoke or suspend a license under this Act, and may place on |
| |||||||
| |||||||
1 | probation,
reprimand, or take other
disciplinary or | ||||||
2 | non-disciplinary action with regard to any licensee
under this | ||||||
3 | Act, as the
Department may consider appropriate, including | ||||||
4 | imposing fines not to exceed $10,000
for each violation and | ||||||
5 | assess costs as provided for under Section 95 of this Act, for | ||||||
6 | one or any combination of the following causes:
| ||||||
7 | (1) Material misstatement in furnishing information to | ||||||
8 | the Department.
| ||||||
9 | (2) Violation of this Act or rules adopted under this | ||||||
10 | Act.
| ||||||
11 | (3) For licensees, conviction Conviction by plea of | ||||||
12 | guilty or nolo contendere, finding of guilt, jury verdict, | ||||||
13 | or entry of judgment or sentencing, including, but not | ||||||
14 | limited to, convictions, preceding sentences of | ||||||
15 | supervision, conditional discharge, or first offender | ||||||
16 | probation, under the laws of any jurisdiction of the United | ||||||
17 | States that is (i) a felony or (ii) a misdemeanor, an | ||||||
18 | essential element of which is dishonesty, or that is | ||||||
19 | directly related to the practice of electrology. For | ||||||
20 | applicants, the provisions of Section 76 of this Act apply.
| ||||||
21 | (4) Fraud or misrepresentation in applying for or | ||||||
22 | procuring a license under this Act, or in connection with | ||||||
23 | applying for renewal of a license under this Act.
| ||||||
24 | (5) Aiding or assisting another person in violating any | ||||||
25 | provision of
this Act or its rules.
| ||||||
26 | (6) Failing to provide information within 60 days in |
| |||||||
| |||||||
1 | response to a
written request made by the Department.
| ||||||
2 | (7) Engaging in dishonorable, unethical, or | ||||||
3 | unprofessional conduct of a
character likely to deceive, | ||||||
4 | defraud, or harm the public.
| ||||||
5 | (8) Habitual or excessive use or abuse of drugs defined | ||||||
6 | in law as controlled substances, alcohol, or any other | ||||||
7 | substance that results in an
electrologist's
inability to | ||||||
8 | practice with reasonable judgment, skill, or safety.
| ||||||
9 | (9) Discipline by another governmental agency, unit of | ||||||
10 | government, U.S. jurisdiction, or foreign nation if at
| ||||||
11 | least one of the grounds for discipline is the same as or | ||||||
12 | substantially
equivalent to any of those set forth in this | ||||||
13 | Act.
| ||||||
14 | (10) Directly or indirectly giving to or receiving from | ||||||
15 | any person, firm,
corporation, partnership, or association | ||||||
16 | any fee, commission, rebate, or
other form of compensation | ||||||
17 | for any professional services not
actually or personally | ||||||
18 | rendered. Nothing in this paragraph (10) affects any bona | ||||||
19 | fide independent contractor or employment arrangements | ||||||
20 | among health care professionals, health facilities, health | ||||||
21 | care providers, or other entities, except as otherwise | ||||||
22 | prohibited by law. Any employment arrangements with health | ||||||
23 | care providers may include provisions for compensation, | ||||||
24 | health insurance, pension, or other employment benefits | ||||||
25 | for the provision of services within the scope of the | ||||||
26 | licensee's practice under this Act. Nothing in this |
| |||||||
| |||||||
1 | paragraph (10) shall be construed to require an employment | ||||||
2 | arrangement to receive professional fees for services | ||||||
3 | rendered.
| ||||||
4 | (11) 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 | (12) Abandonment of a patient.
| ||||||
8 | (13) Willfully making or filing false records or | ||||||
9 | reports in the
licensee's practice, including, but not | ||||||
10 | limited to, false records filed
with State agencies or
| ||||||
11 | departments.
| ||||||
12 | (14) Mental or physical illness or disability, | ||||||
13 | including, but not limited to, deterioration
through the | ||||||
14 | aging process or loss of motor skill that results in the
| ||||||
15 | inability to practice the profession with reasonable | ||||||
16 | judgment, skill,
or safety.
| ||||||
17 | (15) Negligence in his or her practice under this Act.
| ||||||
18 | (16) Use of fraud, deception, or any unlawful means in | ||||||
19 | applying for
and securing a license as an electrologist.
| ||||||
20 | (17) Immoral conduct in the commission of any act, such | ||||||
21 | as sexual abuse,
sexual misconduct, or sexual | ||||||
22 | exploitation, related to the licensee's practice.
| ||||||
23 | (18) Failure to comply with standards of sterilization | ||||||
24 | and sanitation as
defined in the rules of the Department.
| ||||||
25 | (19) Charging for professional services not rendered, | ||||||
26 | including filing false statements for the collection of |
| |||||||
| |||||||
1 | fees for which services are not rendered. | ||||||
2 | (20) Allowing one's license under this Act to be used | ||||||
3 | by an unlicensed person in
violation of this Act. | ||||||
4 | (b) The Department may refuse to issue or renew or may | ||||||
5 | suspend without hearing the
license of any person who fails to | ||||||
6 | file a return, to pay the tax, penalty or
interest
shown in a | ||||||
7 | filed return, or to pay any final assessment of the tax, | ||||||
8 | penalty, or
interest as required by any tax Act administered by | ||||||
9 | the Illinois Department
of Revenue until the requirements of | ||||||
10 | the tax Act are satisfied in accordance with subsection (g) of | ||||||
11 | Section 2105-15 of the Department of
Professional Regulation | ||||||
12 | Law of the Civil Administrative Code of Illinois.
| ||||||
13 | (c) 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 | the issuance of
an
order so finding and discharging the | ||||||
20 | patient, and the filing of a petition for restoration | ||||||
21 | demonstrating fitness to practice.
| ||||||
22 | (d) In enforcing this Section, the Department, upon a | ||||||
23 | showing of a possible
violation, may compel any individual who | ||||||
24 | is licensed to practice under this Act or any individual who | ||||||
25 | has applied for licensure to submit to a mental or physical | ||||||
26 | examination and evaluation, or both, that may include a |
| |||||||
| |||||||
1 | substance abuse or sexual offender evaluation, at the expense | ||||||
2 | of the Department. The Department shall specifically designate | ||||||
3 | the examining physician licensed to practice medicine in all of | ||||||
4 | its branches or, if applicable, the multidisciplinary team | ||||||
5 | involved in providing the mental or physical examination and | ||||||
6 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
7 | a physician licensed to practice medicine in all of its | ||||||
8 | branches and may consist of one or more or a combination of | ||||||
9 | physicians licensed to practice medicine in all of its | ||||||
10 | branches, licensed chiropractic physicians, licensed clinical | ||||||
11 | psychologists, licensed clinical social workers, licensed | ||||||
12 | clinical professional counselors, and other professional and | ||||||
13 | administrative staff. Any examining physician or member of the | ||||||
14 | multidisciplinary team may require any person ordered to submit | ||||||
15 | to an examination and evaluation pursuant to this Section to | ||||||
16 | submit to any additional supplemental testing deemed necessary | ||||||
17 | to complete any examination or evaluation process, including, | ||||||
18 | but not limited to, blood testing, urinalysis, psychological | ||||||
19 | testing, or neuropsychological testing.
| ||||||
20 | The Department may order the examining physician or any | ||||||
21 | member of the multidisciplinary team to provide to the | ||||||
22 | Department any and all records, including business records, | ||||||
23 | that relate to the examination and evaluation, including any | ||||||
24 | supplemental testing performed. The Department may order the | ||||||
25 | examining physician or any member of the multidisciplinary team | ||||||
26 | to present testimony concerning this examination and |
| |||||||
| |||||||
1 | evaluation of the licensee, permit holder, or applicant, | ||||||
2 | including testimony concerning any supplemental testing or | ||||||
3 | documents relating to the examination and evaluation. No | ||||||
4 | information, report, record, or other documents in any way | ||||||
5 | related to the examination and evaluation shall be excluded by | ||||||
6 | reason of any common law or statutory privilege relating to | ||||||
7 | communication between the licensee or applicant and the | ||||||
8 | examining physician or any member of the multidisciplinary | ||||||
9 | team. No authorization is necessary from the licensee or | ||||||
10 | applicant ordered to undergo an evaluation and examination for | ||||||
11 | the examining physician or any member of the multidisciplinary | ||||||
12 | team to provide information, reports, records, or other | ||||||
13 | documents or to provide any testimony regarding the examination | ||||||
14 | and evaluation. The individual to be examined may have, at his | ||||||
15 | or her own expense, another physician of his or her choice | ||||||
16 | present during all aspects of the examination. | ||||||
17 | Failure of any individual to submit to mental or physical | ||||||
18 | examination and evaluation, or both, when directed, shall | ||||||
19 | result in an automatic suspension without hearing, until such | ||||||
20 | time as the individual submits to the examination. If the | ||||||
21 | Department finds a licensee unable to practice because of the | ||||||
22 | reasons set forth in this Section, the Department shall require | ||||||
23 | the licensee to submit to care, counseling, or treatment by | ||||||
24 | physicians approved or designated by the Department as a | ||||||
25 | condition for continued, reinstated, or renewed licensure to | ||||||
26 | practice. |
| |||||||
| |||||||
1 | When the Secretary immediately suspends a license under | ||||||
2 | this Section, a hearing upon the person's license must be | ||||||
3 | convened by the Department within 15 days after the suspension | ||||||
4 | and completed without appreciable delay. The Department shall | ||||||
5 | have the authority to review the licensee's record of treatment | ||||||
6 | and counseling regarding the impairment to the extent permitted | ||||||
7 | by applicable federal statutes and regulations safeguarding | ||||||
8 | the confidentiality of medical records. | ||||||
9 | Individuals licensed under this Act affected under this | ||||||
10 | Section shall be afforded an opportunity to demonstrate to the | ||||||
11 | Department that they can resume practice in compliance with | ||||||
12 | acceptable and prevailing standards under the provisions of | ||||||
13 | their license. | ||||||
14 | (e) The Department shall deny a license or renewal | ||||||
15 | authorized by this Act to a person who has defaulted on an | ||||||
16 | educational loan or scholarship provided or guaranteed by the | ||||||
17 | Illinois Student Assistance Commission or any governmental | ||||||
18 | agency of this State in accordance with item (5) of subsection | ||||||
19 | (a) of Section 2105-15 of the Department of
Professional | ||||||
20 | Regulation Law of the Civil Administrative Code of Illinois. | ||||||
21 | (f) In cases where the Department of Healthcare and Family | ||||||
22 | Services has previously determined a licensee or a potential | ||||||
23 | licensee is more than 30 days delinquent in the payment of | ||||||
24 | child support and has subsequently certified the delinquency to | ||||||
25 | the Department, the Department may refuse to issue or renew or | ||||||
26 | may revoke or suspend that person's license or may take other |
| |||||||
| |||||||
1 | disciplinary action against that person based solely upon the | ||||||
2 | certification of delinquency made by the Department of | ||||||
3 | Healthcare and Family Services in accordance with item (5) of | ||||||
4 | subsection (a) of Section 2105-15 of the Department of | ||||||
5 | Professional Regulation Law of the Civil Administrative Code of | ||||||
6 | Illinois. | ||||||
7 | (g) All fines or costs imposed under this Section shall be | ||||||
8 | paid within 60 days after the effective date of the order | ||||||
9 | imposing the fine or costs or in accordance with the terms set | ||||||
10 | forth in the order imposing the fine.
| ||||||
11 | (Source: P.A. 98-363, eff. 8-16-13.)
| ||||||
12 | (225 ILCS 412/76 new) | ||||||
13 | Sec. 76. 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 |
| |||||||
| |||||||
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 of determining whether | ||||||
12 | to grant a license, a conviction of any felony by plea of | ||||||
13 | guilty or nolo contendere, finding of guilt, jury verdict, or | ||||||
14 | entry of judgment or by sentencing of an applicant, the | ||||||
15 | Department shall consider any evidence of rehabilitation and | ||||||
16 | mitigating factors contained in the applicant's record, | ||||||
17 | including any of the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 a 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; |
| |||||||
| |||||||
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 whole 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 a 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 a criminal conviction. | ||||||
20 | Section 95. The Illinois Certified Shorthand Reporters Act | ||||||
21 | of 1984 is amended by changing Sections 11 and 23 and by adding | ||||||
22 | Section 11.1 as follows:
| ||||||
23 | (225 ILCS 415/11) (from Ch. 111, par. 6211)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2024)
|
| |||||||
| |||||||
1 | Sec. 11. Qualifications; application. A person shall be | ||||||
2 | qualified for certification as a certified
shorthand reporter | ||||||
3 | if:
| ||||||
4 | A. That person has applied in writing in form and substance | ||||||
5 | to the
Department; and
| ||||||
6 | (1) (Blank);
| ||||||
7 | (2) Is of good moral character, the determination of | ||||||
8 | which , when based on a prior felony conviction, shall be | ||||||
9 | made in accordance with Section 11.1 of this Act shall take
| ||||||
10 | into account but not be totally based upon any felony | ||||||
11 | conviction of the
applicant ; and
| ||||||
12 | (3) Has graduated from a high school or secondary | ||||||
13 | school or its
equivalent; and
| ||||||
14 | B. That person has successfully completed the examination | ||||||
15 | authorized by
the Department.
| ||||||
16 | (Source: P.A. 98-445, eff. 12-31-13.)
| ||||||
17 | (225 ILCS 415/11.1 new) | ||||||
18 | Sec. 11.1. Applicant convictions. | ||||||
19 | (a) 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 a license under this Act: | ||||||
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 |
| |||||||
| |||||||
1 | the Juvenile Court Act of 1987. | ||||||
2 | (2) Law enforcement records, court records, and | ||||||
3 | conviction records of an individual who was 17 years old at | ||||||
4 | the time of the offense and before January 1, 2014, unless | ||||||
5 | the nature of the offense required the individual to be | ||||||
6 | tried as an adult. | ||||||
7 | (3) Records of arrest not followed by a conviction | ||||||
8 | unless related to the practice of the profession. However, | ||||||
9 | applicants shall not be asked to report any arrests, and, | ||||||
10 | an arrest not followed by a conviction shall not be the | ||||||
11 | basis of a denial and may be used only to assess an | ||||||
12 | applicant's rehabilitation. | ||||||
13 | (4) Convictions overturned by a higher court. | ||||||
14 | (5) Convictions or arrests that have been sealed or | ||||||
15 | expunged. | ||||||
16 | (b) No applicant for license under this Act shall be denied | ||||||
17 | a license based on a finding of a lack of "good moral | ||||||
18 | character" when a finding is based on the fact that an | ||||||
19 | applicant was previously convicted of a criminal offense or | ||||||
20 | offenses. When reviewing, for the purpose of determining moral | ||||||
21 | character or whether to grant a license, a conviction of any | ||||||
22 | felony or a misdemeanor directly related to the practice of the | ||||||
23 | profession of an applicant, the Department shall consider any | ||||||
24 | evidence of rehabilitation or mitigating factors contained in | ||||||
25 | the applicant's record, including any of the following: | ||||||
26 | (1) the lack of direct relation of the offense for |
| |||||||
| |||||||
1 | which the applicant was previously convicted to the duties, | ||||||
2 | functions, and responsibilities of the position for which a | ||||||
3 | license is sought; | ||||||
4 | (2) whether 5 years since a felony conviction or 3 | ||||||
5 | years since release from confinement for the conviction, | ||||||
6 | whichever is later, have passed without a subsequent | ||||||
7 | conviction; | ||||||
8 | (3) if the applicant was previously licensed or | ||||||
9 | employed in this State or other state or jurisdictions, | ||||||
10 | then the lack of prior misconduct arising from or related | ||||||
11 | to the licensed position or position of employment; | ||||||
12 | (4) the age of the person at the time of the criminal | ||||||
13 | offense; | ||||||
14 | (5) successful completion of sentence or for | ||||||
15 | applicants serving a term of parole or probation, a | ||||||
16 | progress report provided by the applicant's probation or | ||||||
17 | parole officer that documents the applicant's compliance | ||||||
18 | with conditions of supervision; | ||||||
19 | (6) evidence of the applicant's present fitness and | ||||||
20 | professional character; | ||||||
21 | (7) evidence of rehabilitation or rehabilitative | ||||||
22 | effort during or after incarceration, or during or after a | ||||||
23 | term of supervision, including, but not limited to, a | ||||||
24 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
25 | Unified Code of Corrections or a certificate of relief from | ||||||
26 | disabilities under Section 5-5.5-10 of the Unified Code of |
| |||||||
| |||||||
1 | Corrections; and | ||||||
2 | (8) any other mitigating factors that contribute to the | ||||||
3 | person's potential and current ability to perform the | ||||||
4 | duties and responsibilities of the position for which a | ||||||
5 | license or employment is sought. | ||||||
6 | (c) It is the affirmative obligation of the Department to | ||||||
7 | demonstrate that a prior conviction would impair the ability of | ||||||
8 | the applicant to engage in the licensed practice. If the | ||||||
9 | Department refuses to issue a license to an applicant, then the | ||||||
10 | Department shall notify the applicant of the denial in writing | ||||||
11 | with the following included in the notice of denial: | ||||||
12 | (1) a statement about the decision to refuse to issue a | ||||||
13 | license; | ||||||
14 | (2) a list of the conviction items that formed the sole | ||||||
15 | or partial basis for the refusal to issue a license; | ||||||
16 | (3) a list of the mitigating evidence presented by the | ||||||
17 | applicant; | ||||||
18 | (4) reasons for refusing to issue a license specific to | ||||||
19 | the evidence presented in mitigation of conviction items | ||||||
20 | that formed the partial or sole basis for the Department's | ||||||
21 | decision; and | ||||||
22 | (5) a summary of the appeal process or the earliest the | ||||||
23 | applicant may reapply for a license, whichever is | ||||||
24 | applicable. | ||||||
25 | (d) No later than May 1 of each year, the Department must | ||||||
26 | prepare, publicly announce, and publish a report of summary |
| |||||||
| |||||||
1 | statistical information relating to new and renewal license | ||||||
2 | applications during the preceding calendar year. Each report | ||||||
3 | shall show, at a minimum: | ||||||
4 | (1) the number of applicants for a new or renewal | ||||||
5 | license under this Act within the previous calendar year; | ||||||
6 | (2) the number of applicants for a new or renewal | ||||||
7 | license under this Act within the previous calendar year | ||||||
8 | who had any criminal conviction; | ||||||
9 | (3) the number of applicants for a new or renewal | ||||||
10 | license under this Act in the previous calendar year who | ||||||
11 | were granted a license; | ||||||
12 | (4) the number of applicants for a new or renewal | ||||||
13 | license with a criminal conviction who were granted a | ||||||
14 | license under this Act within the previous calendar year; | ||||||
15 | (5) the number of applicants for a new or renewal | ||||||
16 | license under this Act within the previous calendar year | ||||||
17 | who were denied a license; | ||||||
18 | (6) the number of applicants for a new or renewal | ||||||
19 | license with a criminal conviction who were denied a | ||||||
20 | license under this Act in the previous calendar year in | ||||||
21 | part or in whole because of a prior conviction; | ||||||
22 | (7) the number of probationary licenses without | ||||||
23 | monitoring issued under this Act in the previous calendar | ||||||
24 | year to applicants with a criminal conviction; and | ||||||
25 | (8) the number of probationary licenses with | ||||||
26 | monitoring issued under this Act in the previous calendar |
| |||||||
| |||||||
1 | year to applicants with a criminal conviction.
| ||||||
2 | (225 ILCS 415/23) (from Ch. 111, par. 6223)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
4 | Sec. 23. Grounds for disciplinary action.
| ||||||
5 | (a) The Department may refuse to issue or renew, or may | ||||||
6 | revoke,
suspend, place on probation, reprimand or take other | ||||||
7 | disciplinary
or non-disciplinary action as the Department may | ||||||
8 | deem appropriate, including imposing fines not to
exceed | ||||||
9 | $10,000 for each violation and the assessment of costs as | ||||||
10 | provided for in Section 23.3 of this Act, with regard to any | ||||||
11 | license for any one
or combination of the following:
| ||||||
12 | (1) Material misstatement in furnishing information to | ||||||
13 | the Department;
| ||||||
14 | (2) Violations of this Act, or of the rules promulgated | ||||||
15 | thereunder;
| ||||||
16 | (3) For licensees, conviction Conviction by plea of | ||||||
17 | guilty or nolo contendere, finding of guilt, jury verdict, | ||||||
18 | or entry of judgment or by sentencing of any crime, | ||||||
19 | including, but not limited to, convictions, preceding | ||||||
20 | sentences of supervision, conditional discharge, or first | ||||||
21 | offender probation under the laws of any jurisdiction of | ||||||
22 | the United States: (i) that is a felony or (ii) that is a | ||||||
23 | misdemeanor, an essential element of which is dishonesty, | ||||||
24 | or that is directly related to the practice of the | ||||||
25 | profession ; for applicants, the provisions of Section 11.1 |
| |||||||
| |||||||
1 | apply ;
| ||||||
2 | (4) Fraud or any misrepresentation in applying for or | ||||||
3 | procuring a license under this Act or in connection with | ||||||
4 | applying for renewal of a license under this Act;
| ||||||
5 | (5) Professional incompetence;
| ||||||
6 | (6) Aiding or assisting another person, firm, | ||||||
7 | partnership or corporation
in violating any provision of | ||||||
8 | this Act or rules;
| ||||||
9 | (7) Failing, within 60 days, to provide information 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;
| ||||||
14 | (9) Habitual or excessive use or abuse of drugs defined | ||||||
15 | in law as controlled substances, alcohol, or any other | ||||||
16 | substances that results in the inability to practice with | ||||||
17 | reasonable judgment, skill, or safety;
| ||||||
18 | (10) Discipline by another state, unit of government, | ||||||
19 | government agency, the District of Columbia, a territory,
| ||||||
20 | or foreign nation, if at least one of the grounds for the | ||||||
21 | discipline is
the same or substantially equivalent to those | ||||||
22 | set forth herein;
| ||||||
23 | (11) Charging for professional services not rendered, | ||||||
24 | including filing false statements for the collection of | ||||||
25 | fees for which services were not rendered, or giving, | ||||||
26 | directly or indirectly, any gift or anything of value to |
| |||||||
| |||||||
1 | attorneys or their staff or any other persons or entities | ||||||
2 | associated with any litigation, that exceeds $100 total per | ||||||
3 | year; for the purposes of this Section, pro bono services, | ||||||
4 | as defined by State law, are permissible in any amount;
| ||||||
5 | (12) A finding by the Board that the certificate | ||||||
6 | holder, after having
his certificate placed on | ||||||
7 | probationary status, has violated the terms of
probation;
| ||||||
8 | (13) Willfully making or filing false records or | ||||||
9 | reports in the practice
of shorthand reporting, including | ||||||
10 | but not limited to false records filed
with State agencies | ||||||
11 | or departments;
| ||||||
12 | (14) Physical illness, including but not limited to, | ||||||
13 | deterioration through
the aging process, or loss of motor | ||||||
14 | skill which results in the inability
to practice under this | ||||||
15 | Act with reasonable judgment, skill or safety;
| ||||||
16 | (15) Solicitation of professional services other than | ||||||
17 | by permitted
advertising;
| ||||||
18 | (16) Willful failure to take full and accurate | ||||||
19 | stenographic notes of
any proceeding;
| ||||||
20 | (17) Willful alteration of any stenographic notes | ||||||
21 | taken at any proceeding;
| ||||||
22 | (18) Willful failure to accurately transcribe verbatim | ||||||
23 | any stenographic
notes taken at any proceeding;
| ||||||
24 | (19) Willful alteration of a transcript of | ||||||
25 | stenographic notes taken at
any proceeding;
| ||||||
26 | (20) Affixing one's signature to any transcript of his |
| |||||||
| |||||||
1 | stenographic notes
or certifying to its correctness unless | ||||||
2 | the transcript has been prepared
by him or under his | ||||||
3 | immediate supervision;
| ||||||
4 | (21) Willful failure to systematically retain | ||||||
5 | stenographic notes or transcripts on paper or any | ||||||
6 | electronic media for 10 years
from the date that the notes | ||||||
7 | or transcripts were taken;
| ||||||
8 | (22) Failure to deliver transcripts in a timely manner | ||||||
9 | or in accordance
with contractual agreements;
| ||||||
10 | (23) Establishing contingent fees as a basis of | ||||||
11 | compensation;
| ||||||
12 | (24) Mental illness or disability that results in the | ||||||
13 | inability to practice under this Act with reasonable | ||||||
14 | judgment, skill, or safety; | ||||||
15 | (25) Practicing under a false or assumed name, except | ||||||
16 | as provided by law; | ||||||
17 | (26) Cheating on or attempting to subvert the licensing | ||||||
18 | examination administered under this Act; | ||||||
19 | (27) Allowing one's license under this Act to be used | ||||||
20 | by an unlicensed person in violation of this Act. | ||||||
21 | All fines imposed under this Section shall be paid within | ||||||
22 | 60 days after the effective date of the order imposing the fine | ||||||
23 | or in accordance with the terms set forth in the order imposing | ||||||
24 | the fine. | ||||||
25 | (b) The determination by a circuit court that a certificate | ||||||
26 | holder is
subject to involuntary admission or judicial |
| |||||||
| |||||||
1 | admission as provided in the
Mental Health and Developmental | ||||||
2 | Disabilities Code, operates as an automatic
suspension. Such | ||||||
3 | suspension will end only upon a
finding by a court that the | ||||||
4 | patient is no longer subject to involuntary
admission or | ||||||
5 | judicial admission, an order by the court so finding and
| ||||||
6 | discharging the patient. In any case where a license is | ||||||
7 | suspended under this Section, the licensee may file a petition | ||||||
8 | for restoration and shall include evidence acceptable to the | ||||||
9 | Department that the licensee can resume practice in compliance | ||||||
10 | with acceptable and prevailing standards of the profession.
| ||||||
11 | (c) In cases where the Department of Healthcare and Family | ||||||
12 | Services has previously determined a licensee or a potential | ||||||
13 | licensee is more than 30 days delinquent in the payment of | ||||||
14 | child support and has subsequently certified the delinquency to | ||||||
15 | the Department, the Department may refuse to issue or renew or | ||||||
16 | may revoke or suspend that person's license or may take other | ||||||
17 | disciplinary action against that person based solely upon the | ||||||
18 | certification of delinquency made by the Department of | ||||||
19 | Healthcare and Family Services in accordance with item (5) of | ||||||
20 | subsection (a) of Section 2105-15 of the Civil Administrative | ||||||
21 | Code of Illinois. | ||||||
22 | (d) In enforcing this Section, the Department, upon a | ||||||
23 | showing of a possible violation, may compel any individual who | ||||||
24 | is certified under this Act or any individual who has applied | ||||||
25 | for certification under this Act to submit to a mental or | ||||||
26 | physical examination and evaluation, or both, which may include |
| |||||||
| |||||||
1 | a substance abuse or sexual offender evaluation, at the expense | ||||||
2 | of the Department. The Department shall specifically designate | ||||||
3 | the examining physician licensed to practice medicine in all of | ||||||
4 | its branches or, if applicable, the multidisciplinary team | ||||||
5 | involved in providing the mental or physical examination and | ||||||
6 | evaluation, or both. The multidisciplinary team shall be led by | ||||||
7 | a physician licensed to practice medicine in all of its | ||||||
8 | branches and may consist of one or more or a combination of | ||||||
9 | physicians licensed to practice medicine in all of its | ||||||
10 | branches, licensed chiropractic physicians, licensed clinical | ||||||
11 | psychologists, licensed clinical social workers, licensed | ||||||
12 | clinical professional counselors, and other professional and | ||||||
13 | administrative staff. Any examining physician or member of the | ||||||
14 | multidisciplinary team may require any person ordered to submit | ||||||
15 | to an examination and evaluation pursuant to this Section to | ||||||
16 | submit to any additional supplemental testing deemed necessary | ||||||
17 | to complete any examination or evaluation process, including, | ||||||
18 | but not limited to, blood testing, urinalysis, psychological | ||||||
19 | testing, or neuropsychological testing. | ||||||
20 | The Department may order the examining physician or any | ||||||
21 | member of the multidisciplinary team to provide to the | ||||||
22 | Department any and all records, including business records, | ||||||
23 | that relate to the examination and evaluation, including any | ||||||
24 | supplemental testing performed. The Department may order the | ||||||
25 | examining physician or any member of the multidisciplinary team | ||||||
26 | to present testimony concerning this examination and |
| |||||||
| |||||||
1 | evaluation of the certified shorthand reporter or applicant, | ||||||
2 | including testimony concerning any supplemental testing or | ||||||
3 | documents relating to the examination and evaluation. No | ||||||
4 | information, report, record, or other documents in any way | ||||||
5 | related to the examination and evaluation shall be excluded by | ||||||
6 | reason of any common law or statutory privilege relating to | ||||||
7 | communication between the licensee or applicant and the | ||||||
8 | examining physician or any member of the multidisciplinary | ||||||
9 | team. No authorization is necessary from the certified | ||||||
10 | shorthand reporter or applicant ordered to undergo an | ||||||
11 | evaluation and examination for the examining physician or any | ||||||
12 | member of the multidisciplinary team to provide information, | ||||||
13 | reports, records, or other documents or to provide any | ||||||
14 | testimony regarding the examination and evaluation. The | ||||||
15 | individual to be examined may have, at his or her own expense, | ||||||
16 | another physician of his or her choice present during all | ||||||
17 | aspects of the examination. | ||||||
18 | Failure of any individual to submit to mental or physical | ||||||
19 | examination and evaluation, or both, when directed, shall | ||||||
20 | result in an automatic suspension, without hearing, until such | ||||||
21 | time as the individual submits to the examination. If the | ||||||
22 | Department finds a certified shorthand reporter unable to | ||||||
23 | practice because of the reasons set forth in this Section, the | ||||||
24 | Department shall require the certified shorthand reporter to | ||||||
25 | submit to care, counseling, or treatment by physicians approved | ||||||
26 | or designated by the Department, as a condition for continued, |
| |||||||
| |||||||
1 | reinstated, or renewed certification. | ||||||
2 | When the Secretary immediately suspends a certificate | ||||||
3 | under this Section, a hearing upon the person's certificate | ||||||
4 | must be convened by the Department within 15 days after the | ||||||
5 | suspension and completed without appreciable delay. The | ||||||
6 | Department shall have the authority to review the certified | ||||||
7 | shorthand reporter's record of treatment and counseling | ||||||
8 | regarding the impairment, to the extent permitted by applicable | ||||||
9 | federal statutes and regulations safeguarding the | ||||||
10 | confidentiality of medical records. | ||||||
11 | Individuals certified under this Act, affected under this | ||||||
12 | Section, shall be afforded an opportunity to demonstrate to the | ||||||
13 | Department that they can resume practice in compliance with | ||||||
14 | acceptable and prevailing standards under the provisions of | ||||||
15 | their certification. | ||||||
16 | (e) The Department shall deny a license or renewal | ||||||
17 | authorized by this Act to a person who has defaulted on an | ||||||
18 | educational loan or scholarship provided or guaranteed by the | ||||||
19 | Illinois Student Assistance Commission or any governmental | ||||||
20 | agency of this State in accordance with item (5) of subsection | ||||||
21 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
22 | Illinois. | ||||||
23 | (f) The Department may refuse to issue or may suspend | ||||||
24 | without hearing, as provided for in the Code of Civil | ||||||
25 | Procedure, the license of any person who fails to file a | ||||||
26 | return, to pay the tax, penalty, or interest shown in a filed |
| |||||||
| |||||||
1 | return, or to pay any final assessment of tax, penalty, or | ||||||
2 | interest as required by any tax Act administered by the | ||||||
3 | Illinois Department of Revenue, until such time as the | ||||||
4 | requirements of any such tax Act are satisfied in accordance | ||||||
5 | with subsection (g) of Section 2105-15 of the Civil | ||||||
6 | Administrative Code of Illinois. | ||||||
7 | (Source: P.A. 98-445, eff. 12-31-13; 98-756, eff. 7-16-14.)
| ||||||
8 | Section 100. The Collateral Recovery Act is amended by | ||||||
9 | changing Sections 40, 45, 80, and 85 as follows: | ||||||
10 | (225 ILCS 422/40) | ||||||
11 | (Section scheduled to be repealed on January 1, 2022) | ||||||
12 | Sec. 40. Qualifications for recovery manager; | ||||||
13 | identification card. | ||||||
14 | (a) An applicant is qualified for licensure as a recovery | ||||||
15 | manager if that person meets all of the following requirements: | ||||||
16 | (1) Is 21 years of age or older. | ||||||
17 | (2) If convicted of any felony, has been sufficiently | ||||||
18 | rehabilitated following the conviction Has not been | ||||||
19 | convicted in any jurisdiction of any felony or 7 at least | ||||||
20 | 10 years has passed from the time of discharge from any | ||||||
21 | sentence imposed for a felony. | ||||||
22 | (3) Has completed no less than 2,500 hours of actual | ||||||
23 | compensated collateral recovery work as an employee of a | ||||||
24 | repossession agency, a financial institution, or a vehicle |
| |||||||
| |||||||
1 | dealer within the 5 years immediately preceding the filing | ||||||
2 | of an application, acceptable proof of which must be | ||||||
3 | submitted to the Commission. | ||||||
4 | (4) Has submitted to the Commission 2 sets of | ||||||
5 | fingerprints, which shall be checked against the | ||||||
6 | fingerprint records on file with the Illinois State Police | ||||||
7 | and the Federal Bureau of Investigation in the manner set | ||||||
8 | forth in Section 60 of this Act. | ||||||
9 | (5) Has successfully completed a certification program | ||||||
10 | approved by the Commission. | ||||||
11 | (6) Has paid the required application fees. | ||||||
12 | (b) Upon the issuance of a recovery manager license, the | ||||||
13 | Commission shall issue the license holder a suitable pocket | ||||||
14 | identification card that shall include a photograph of the | ||||||
15 | license holder. The identification card must contain the name | ||||||
16 | of the license holder and any other information required by the | ||||||
17 | Commission. An applicant who is 21 years of age or older | ||||||
18 | seeking a religious exemption to the photograph requirement of | ||||||
19 | this subsection shall furnish with his or her application an | ||||||
20 | approved copy of United States Department of the Treasury | ||||||
21 | Internal Revenue Service Form 4029. | ||||||
22 | (c) A recovery manager license is not transferable.
| ||||||
23 | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) | ||||||
24 | (225 ILCS 422/45) | ||||||
25 | (Section scheduled to be repealed on January 1, 2022) |
| |||||||
| |||||||
1 | Sec. 45. Repossession agency employee requirements. | ||||||
2 | (a) All employees of a licensed repossession agency whose | ||||||
3 | duties include the actual repossession of collateral must apply | ||||||
4 | for a recovery permit. The holder of a repossession agency | ||||||
5 | license issued under this Act, known in this Section as the | ||||||
6 | "employer", may employ in the conduct of the business under the | ||||||
7 | following provisions: | ||||||
8 | (1) No person may be issued a recovery permit who meets | ||||||
9 | any of the following criteria: | ||||||
10 | (A) Is younger than 21 years of age. | ||||||
11 | (B) Has been determined by the Commission to be | ||||||
12 | unfit by reason of a lack of rehabilitation following a | ||||||
13 | conviction of an offense in this or another state, | ||||||
14 | other than a minor traffic offense. The Commission | ||||||
15 | shall adopt rules for making those determinations. | ||||||
16 | (C) Has had a license or recovery permit denied, | ||||||
17 | suspended, or revoked under this Act. | ||||||
18 | (D) Has not successfully completed a certification | ||||||
19 | program approved by the Commission. | ||||||
20 | (2) No person may be employed by a repossession agency | ||||||
21 | under this Section until he or she has executed and | ||||||
22 | furnished to the Commission, on forms furnished by the | ||||||
23 | Commission, a verified statement to be known as an | ||||||
24 | "Employee's Statement" setting forth all of the following: | ||||||
25 | (A) The person's full name, age, and residence | ||||||
26 | address. |
| |||||||
| |||||||
1 | (B) The business or occupation engaged in for the 5 | ||||||
2 | years immediately before the date of the execution of | ||||||
3 | the statement, the place where the business or | ||||||
4 | occupation was engaged in, and the names of the | ||||||
5 | employers, if any. | ||||||
6 | (C) That the person has not had a license or | ||||||
7 | recovery permit denied, revoked, or suspended under | ||||||
8 | this Act. | ||||||
9 | (D) Any conviction of a felony, except as provided | ||||||
10 | for in Section 85. | ||||||
11 | (E) Any other information as may be required by any | ||||||
12 | rule of the Commission to show the good character, | ||||||
13 | competency, and integrity of the person executing the | ||||||
14 | statement. | ||||||
15 | (b) Each applicant for a recovery permit shall have his or | ||||||
16 | her fingerprints submitted to the Commission by a Live Scan | ||||||
17 | fingerprint vendor certified by the Illinois State Police under | ||||||
18 | the Private Detective, Private Alarm, Private Security, | ||||||
19 | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic | ||||||
20 | format that complies with the form and manner for requesting | ||||||
21 | and furnishing criminal history record information as | ||||||
22 | prescribed by the Illinois State Police. These fingerprints | ||||||
23 | shall be checked against the Illinois State Police and Federal | ||||||
24 | Bureau of Investigation criminal history record databases now | ||||||
25 | and hereafter filed. The Commission shall charge applicants a | ||||||
26 | fee for conducting the criminal history records check, which |
| |||||||
| |||||||
1 | shall not exceed the actual cost of the records check. The | ||||||
2 | Illinois Commerce Commission Police shall furnish, pursuant to | ||||||
3 | positive identification, records of Illinois convictions to | ||||||
4 | the Commission. The Commission, in its discretion, may allow an | ||||||
5 | applicant who does not have reasonable access to a designated | ||||||
6 | vendor to provide his or her fingerprints in an alternative | ||||||
7 | manner. The Commission, in its discretion, may also use other | ||||||
8 | procedures in performing or obtaining criminal history records | ||||||
9 | checks of applicants. Instead of submitting his or her | ||||||
10 | fingerprints, an individual may submit proof that is | ||||||
11 | satisfactory to the Commission that an equivalent security | ||||||
12 | clearance has been conducted. | ||||||
13 | (c) Qualified applicants shall purchase a recovery permit | ||||||
14 | from the Commission and in a form that the Commission | ||||||
15 | prescribes. The Commission shall notify the submitting person | ||||||
16 | within 10 days after receipt of the application of its intent | ||||||
17 | to issue or deny the recovery permit. The holder of a recovery | ||||||
18 | permit shall carry the recovery permit at all times while | ||||||
19 | actually engaged in the performance of the duties of his or her | ||||||
20 | employment. No recovery permit shall be effective unless | ||||||
21 | accompanied by a license issued by the Commission. Expiration | ||||||
22 | and requirements for renewal of recovery permits shall be | ||||||
23 | established by rule of the Commission. Possession of a recovery | ||||||
24 | permit does not in any way imply that the holder of the | ||||||
25 | recovery permit is employed by any agency unless the recovery | ||||||
26 | permit is accompanied by the employee identification card |
| |||||||
| |||||||
1 | required by subsection (e) of this Section. | ||||||
2 | (d) Each employer shall maintain a record of each employee | ||||||
3 | that is accessible to the duly authorized representatives of | ||||||
4 | the Commission. The record shall contain all of the following | ||||||
5 | information: | ||||||
6 | (1) A photograph taken within 10 days after the date | ||||||
7 | that the employee begins employment with the employer. The | ||||||
8 | photograph shall be replaced with a current photograph | ||||||
9 | every 3 calendar years. | ||||||
10 | (2) The Employee's Statement specified in paragraph | ||||||
11 | (2) of subsection (a) of this Section. | ||||||
12 | (3) All correspondence or documents relating to the | ||||||
13 | character and integrity of the employee received by the | ||||||
14 | employer from any official source or law enforcement | ||||||
15 | agency. | ||||||
16 | (4) In the case of former employees, the employee | ||||||
17 | identification card of that person issued under subsection | ||||||
18 | (e) of this Section. | ||||||
19 | (e) Every employer shall furnish an employee | ||||||
20 | identification card to each of his or her employees. This | ||||||
21 | subsection (e) shall not apply to office or clerical personnel. | ||||||
22 | This employee identification card shall contain a recent | ||||||
23 | photograph of the employee, the employee's name, the name and | ||||||
24 | agency license number of the employer, the employee's personal | ||||||
25 | description, the signature of the employer, the signature of | ||||||
26 | that employee, the date of issuance, and an employee |
| |||||||
| |||||||
1 | identification card number. | ||||||
2 | (f) No employer may issue an employee identification card | ||||||
3 | to any person who is not employed by the employer in accordance | ||||||
4 | with this Section or falsely state or represent that a person | ||||||
5 | is or has been in his or her employ. It is unlawful for an | ||||||
6 | applicant for registration to file with the Commission the | ||||||
7 | fingerprints of a person other than himself or herself or to | ||||||
8 | fail to exercise due diligence in resubmitting replacement | ||||||
9 | fingerprints for those employees who have had original | ||||||
10 | fingerprint submissions returned as unclassifiable. An agency | ||||||
11 | shall inform the Commission within 15 days after contracting or | ||||||
12 | employing a licensed repossession agency employee. The | ||||||
13 | Commission shall develop a registration process by rule. | ||||||
14 | (g) Every employer shall obtain the identification card of | ||||||
15 | every employee who terminates employment with the employer. An | ||||||
16 | employer shall immediately report an identification card that | ||||||
17 | is lost or stolen to the local police department having | ||||||
18 | jurisdiction over the repossession agency location. | ||||||
19 | (h) No agency may employ any person to perform any activity | ||||||
20 | under this Act unless the person possesses a valid license or | ||||||
21 | recovery permit under this Act. | ||||||
22 | (i) If information is discovered affecting the | ||||||
23 | registration of a person whose fingerprints were submitted | ||||||
24 | under this Section, then the Commission shall so notify the | ||||||
25 | agency that submitted the fingerprints on behalf of that | ||||||
26 | person. |
| |||||||
| |||||||
1 | (j) A person employed under this Section shall have 15 | ||||||
2 | business days within which to notify the Commission of any | ||||||
3 | change in employer, but may continue working under any other | ||||||
4 | recovery permits granted as an employee or independent | ||||||
5 | contractor. | ||||||
6 | (k) This Section applies only to those employees of | ||||||
7 | licensed repossession agencies whose duties include actual | ||||||
8 | repossession of collateral.
| ||||||
9 | (l) An applicant who is 21 years of age or older seeking a | ||||||
10 | religious exemption to the photograph requirement of this | ||||||
11 | Section shall furnish with his or her application an approved | ||||||
12 | copy of United States Department of the Treasury Internal | ||||||
13 | Revenue Service Form 4029. Regardless of age, an applicant | ||||||
14 | seeking a religious exemption to this photograph requirement | ||||||
15 | shall submit fingerprints in a form and manner prescribed by | ||||||
16 | the Commission with his or her application in lieu of a | ||||||
17 | photograph. | ||||||
18 | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15 .) | ||||||
19 | (225 ILCS 422/80)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2022) | ||||||
21 | Sec. 80. Refusal, revocation, or suspension. | ||||||
22 | (a) The Commission may refuse to issue or renew or may | ||||||
23 | revoke any license or recovery permit or may suspend, place on | ||||||
24 | probation, fine, or take any disciplinary action that the | ||||||
25 | Commission may deem proper, including fines not to exceed |
| |||||||
| |||||||
1 | $2,500 for each violation, with regard to any license holder or | ||||||
2 | recovery permit holder for one or any combination of the | ||||||
3 | following causes: | ||||||
4 | (1) Knowingly making any misrepresentation for the | ||||||
5 | purpose of obtaining a license or recovery permit. | ||||||
6 | (2) Violations of this Act or its rules. | ||||||
7 | (3) For licensees or permit holders, conviction | ||||||
8 | Conviction of any crime under the laws of the United States | ||||||
9 | or any state or territory thereof that is (i) a felony, | ||||||
10 | (ii) a misdemeanor, an essential element of which is | ||||||
11 | dishonesty, or (iii) a crime that is related to the | ||||||
12 | practice of the profession. For license or permit | ||||||
13 | applicants, the provisions of Section 85 of this Act apply. | ||||||
14 | (4) Aiding or abetting another in violating any | ||||||
15 | provision of this Act or its rules. | ||||||
16 | (5) Engaging in dishonorable, unethical, or | ||||||
17 | unprofessional conduct of a character likely to deceive, | ||||||
18 | defraud, or harm the public as defined by rule. | ||||||
19 | (6) Violation of any court order from any State or | ||||||
20 | public agency engaged in the enforcement of payment of | ||||||
21 | child support arrearages or for noncompliance with certain | ||||||
22 | processes relating to paternity or support proceeding. | ||||||
23 | (7) Solicitation of professional services by using | ||||||
24 | false or misleading advertising. | ||||||
25 | (8) A finding that the license or recovery permit was | ||||||
26 | obtained by fraudulent means. |
| |||||||
| |||||||
1 | (9) Practicing or attempting to practice under a name | ||||||
2 | other than the full name shown on the license or recovery | ||||||
3 | permit or any other legally authorized name. | ||||||
4 | (b) The Commission may refuse to issue or may suspend the | ||||||
5 | license or recovery permit of any person or entity who fails to | ||||||
6 | file a return, pay the tax, penalty, or interest shown in a | ||||||
7 | filed return, or pay any final assessment of tax, penalty, or | ||||||
8 | interest, as required by any tax Act administered by the | ||||||
9 | Department of Revenue, until the time the requirements of the | ||||||
10 | tax Act are satisfied. The Commission may take into | ||||||
11 | consideration any pending tax disputes properly filed with the | ||||||
12 | Department of Revenue.
| ||||||
13 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
14 | (225 ILCS 422/85)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2022) | ||||||
16 | Sec. 85. Consideration of past crimes. | ||||||
17 | (a) The Commission shall not require the applicant to | ||||||
18 | report the following information and shall not consider the | ||||||
19 | following criminal history records in connection with an | ||||||
20 | application for a license or permit under this Act: | ||||||
21 | (1) Juvenile adjudications of delinquent minors as | ||||||
22 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
23 | subject to the restrictions set forth in Section 5-130 of | ||||||
24 | the Juvenile Court Act of 1987. | ||||||
25 | (2) Law enforcement records, court records, and |
| |||||||
| |||||||
1 | conviction records of an individual who was 17 years old at | ||||||
2 | the time of the offense and before January 1, 2014, unless | ||||||
3 | the nature of the offense required the individual to be | ||||||
4 | tried as an adult. | ||||||
5 | (3) Records of arrest not followed by a conviction. | ||||||
6 | (4) Convictions overturned by a higher court. | ||||||
7 | (5) Convictions or arrests that have been sealed or | ||||||
8 | expunged. | ||||||
9 | (b) When (a) Notwithstanding the prohibitions set forth in | ||||||
10 | Sections 40 and 45 of this Act, when considering the denial of | ||||||
11 | a license or recovery permit on the grounds of conviction of a | ||||||
12 | crime, the Commission, in evaluating the rehabilitation of the | ||||||
13 | applicant and the applicant's present eligibility for a license | ||||||
14 | or recovery permit, shall consider each of the following | ||||||
15 | criteria: | ||||||
16 | (1) The lack of direct relation of the offense for | ||||||
17 | which the applicant was previously convicted to the duties, | ||||||
18 | functions, and responsibilities of the position for which a | ||||||
19 | license is sought. The nature and severity of the act or | ||||||
20 | crime under consideration as grounds for denial. | ||||||
21 | (2) Circumstances relative to the offense, including | ||||||
22 | the applicant's age at the time that the offense was | ||||||
23 | committed. | ||||||
24 | (3) (2) Evidence of any act committed subsequent to the | ||||||
25 | act or crime under consideration as grounds for denial, | ||||||
26 | which also could be considered as grounds for disciplinary |
| |||||||
| |||||||
1 | action under this Act. | ||||||
2 | (4) (3) The amount of time that has lapsed since the | ||||||
3 | commission of the act or crime referred to in item (1) or | ||||||
4 | (2) of this subsection (a) . | ||||||
5 | (5) Successful completion of sentence or for | ||||||
6 | applicants serving a term of parole or probation, a | ||||||
7 | progress report provided by the applicant's probation or | ||||||
8 | parole officer that documents the applicant's compliance | ||||||
9 | with conditions of supervision. (4) The extent to which the | ||||||
10 | applicant has complied with any terms of parole, probation, | ||||||
11 | restitution, or any other sanctions lawfully imposed | ||||||
12 | against the applicant. | ||||||
13 | (6) 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. (5) | ||||||
17 | Evidence, if any, of rehabilitation submitted by the | ||||||
18 | applicant. | ||||||
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. | ||||||
26 | (8) Any other mitigating factors that contribute to the |
| |||||||
| |||||||
1 | person's potential and current ability to perform the | ||||||
2 | duties and responsibilities of practices licensed or | ||||||
3 | registered under this Act. | ||||||
4 | (c) (b) When considering the suspension or revocation of a | ||||||
5 | license or recovery permit on the grounds of conviction of a | ||||||
6 | crime, the Commission, in evaluating the rehabilitation of the | ||||||
7 | applicant and the applicant's present eligibility for a license | ||||||
8 | or recovery permit, shall consider each of the following | ||||||
9 | criteria: | ||||||
10 | (1) The nature and severity of the act or offense. | ||||||
11 | (2) The license holder's or recovery permit holder's | ||||||
12 | criminal record in its entirety. | ||||||
13 | (3) The amount of time that has lapsed since the | ||||||
14 | commission of the act or offense. | ||||||
15 | (4) Whether the license holder or recovery permit | ||||||
16 | holder has complied with any terms of parole, probation, | ||||||
17 | restitution, or any other sanctions lawfully imposed | ||||||
18 | against him or her. | ||||||
19 | (5) If applicable, evidence of expungement | ||||||
20 | proceedings. | ||||||
21 | (6) Evidence, if any, of rehabilitation submitted by | ||||||
22 | the license holder or recovery permit holder.
| ||||||
23 | (d) It is the affirmative obligation of the Commission to | ||||||
24 | demonstrate that a prior conviction would impair the ability of | ||||||
25 | the applicant to engage in the licensed or registered practice. | ||||||
26 | If the Commission refuses to grant a license or permit to an |
| |||||||
| |||||||
1 | applicant, then the Commission shall notify the applicant of | ||||||
2 | the denial in writing with the following included in the notice | ||||||
3 | of denial: | ||||||
4 | (1) a statement about the decision to refuse to grant a | ||||||
5 | license or permit; | ||||||
6 | (2) a list of the conviction items that formed the sole | ||||||
7 | or partial basis for the refusal to grant a license or | ||||||
8 | permit; | ||||||
9 | (3) a list of the mitigating evidence presented by the | ||||||
10 | applicant; | ||||||
11 | (4) reasons for refusing to grant a license or permit | ||||||
12 | specific to the evidence presented in mitigation of | ||||||
13 | conviction items that formed the partial or sole basis for | ||||||
14 | the Commission's decision; and | ||||||
15 | (5) a summary of the appeal process or the earliest the | ||||||
16 | applicant may reapply for a license or permit, whichever is | ||||||
17 | applicable. | ||||||
18 | (e) No later than May 1 of each year, the Commission must | ||||||
19 | prepare, publicly announce, and publish a report of summary | ||||||
20 | statistical information relating to new and renewal license or | ||||||
21 | permit applications during the preceding calendar year. Each | ||||||
22 | report shall show, at a minimum: | ||||||
23 | (1) the number of applicants for a new or renewal | ||||||
24 | license or permit under this Act within the previous | ||||||
25 | calendar year; | ||||||
26 | (2) the number of applicants for a new or renewal |
| |||||||
| |||||||
1 | license or permit under this Act within the previous | ||||||
2 | calendar year who had any criminal conviction; | ||||||
3 | (3) the number of applicants for a new or renewal | ||||||
4 | license or permit under this Act in the previous calendar | ||||||
5 | year who were granted a license or permit; | ||||||
6 | (4) the number of applicants for a new or renewal | ||||||
7 | license or permit with a criminal conviction who were | ||||||
8 | granted a license or permit under this Act within the | ||||||
9 | previous calendar year; | ||||||
10 | (5) the number of applicants for a new or renewal | ||||||
11 | license or permit under this Act within the previous | ||||||
12 | calendar year who were denied a license or permit; | ||||||
13 | (6) the number of applicants for a new or renewal | ||||||
14 | license or permit with a criminal conviction who were | ||||||
15 | denied a license or permit under this Act in the previous | ||||||
16 | calendar year in whole or in part because of a prior | ||||||
17 | conviction; | ||||||
18 | (7) the number of probationary licenses without | ||||||
19 | monitoring issued under this Act in the previous calendar | ||||||
20 | year to applicants with a 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 a criminal conviction. | ||||||
24 | (Source: P.A. 97-576, eff. 7-1-12 .) | ||||||
25 | Section 105. The Community Association Manager Licensing |
| |||||||
| |||||||
1 | and Disciplinary Act is amended by changing Section 85 and by | ||||||
2 | adding Section 43 as follows: | ||||||
3 | (225 ILCS 427/43 new) | ||||||
4 | Sec. 43. Applicant convictions. | ||||||
5 | (a) The Department shall not require the applicant to | ||||||
6 | report the following information and shall not consider the | ||||||
7 | following criminal history records in connection with an | ||||||
8 | application for a license under this Act: | ||||||
9 | (1) Juvenile adjudications of delinquent minors as | ||||||
10 | defined in Section 5-105 of the Juvenile Court Act of 1987, | ||||||
11 | subject to the restrictions set forth in Section 5-130 of | ||||||
12 | the Juvenile Court Act of 1987. | ||||||
13 | (2) Law enforcement records, court records, and | ||||||
14 | conviction records of an individual who was 17 years old at | ||||||
15 | the time of the offense and before January 1, 2014, unless | ||||||
16 | the nature of the offense required the individual to be | ||||||
17 | tried as an adult. | ||||||
18 | (3) Records of arrest not followed by a conviction | ||||||
19 | unless related to the practice of the profession. However, | ||||||
20 | applicants shall not be asked to report any arrests, and, | ||||||
21 | an arrest not followed by a conviction shall not be the | ||||||
22 | basis of a denial and may be used only to assess an | ||||||
23 | applicant's rehabilitation. | ||||||
24 | (4) Convictions overturned by a higher court. | ||||||
25 | (5) Convictions or arrests that have been sealed or |
| |||||||
| |||||||
1 | expunged. | ||||||
2 | (b) When determining whether to grant a license to an | ||||||
3 | applicant with a prior conviction of a felony or of a | ||||||
4 | misdemeanor directly related to the practice of the profession, | ||||||
5 | the Department shall consider any evidence of rehabilitation | ||||||
6 | and mitigating factors contained in the applicant's record, | ||||||
7 | including any of the following: | ||||||
8 | (1) the lack of direct relation of the offense for | ||||||
9 | which the applicant was previously convicted to the duties, | ||||||
10 | functions, and responsibilities of the position for which a | ||||||
11 | license is sought; | ||||||
12 | (2) whether 5 years since a felony conviction or 3 | ||||||
13 | years since release from confinement for the conviction, | ||||||
14 | whichever is later, have passed without a subsequent | ||||||
15 | conviction; | ||||||
16 | (3) if the applicant was previously licensed or | ||||||
17 | employed in this State or other state or jurisdictions, | ||||||
18 | then the lack of prior misconduct arising from or related | ||||||
19 | to the licensed position or position of employment; | ||||||
20 | (4) the age of the person at the time of the criminal | ||||||
21 | offense; | ||||||
22 | (5) successful completion of sentence and, for | ||||||
23 | applicants serving a term of parole or probation, a | ||||||
24 | progress report provided by the applicant's probation or | ||||||
25 | parole officer that documents the applicant's compliance | ||||||
26 | with conditions of supervision; |
| |||||||
| |||||||
1 | (6) evidence of the applicant's present fitness and | ||||||
2 | professional character; | ||||||
3 | (7) evidence of rehabilitation or rehabilitative | ||||||
4 | effort during or after incarceration, or during or after a | ||||||
5 | term of supervision, including, but not limited to, a | ||||||
6 | certificate of good conduct under Section 5-5.5-25 of the | ||||||
7 | Unified Code of Corrections or a certificate of relief from | ||||||
8 | disabilities under Section 5-5.5-10 of the Unified Code of | ||||||
9 | Corrections; and | ||||||
10 | (8) any other mitigating factors that contribute to the | ||||||
11 | person's potential and current ability to perform the | ||||||
12 | duties and responsibilities of the position for which a | ||||||
13 | license or employment is sought. | ||||||
14 | (c) It is the affirmative obligation of the Department to | ||||||
15 | demonstrate that a prior conviction would impair the ability of | ||||||
16 | the applicant to engage in the practice requiring a license. If | ||||||
17 | the Department refuses to grant a license to an applicant, then | ||||||
18 | the Department shall notify the applicant of the denial in | ||||||
19 | writing with the following included in the notice of denial: | ||||||
20 | (1) a statement about the decision to refuse to issue a | ||||||
21 | license; | ||||||
22 | (2) a list of the convictions that formed the sole or | ||||||
23 | partial basis for the refusal to issue a license; | ||||||
24 | (3) a list of the mitigating evidence presented by the | ||||||
25 | applicant; | ||||||
26 | (4) reasons for refusing to issue a license specific to |
| |||||||
| |||||||
1 | the evidence presented in mitigation of conviction items | ||||||
2 | that formed the partial or sole basis for the Department's | ||||||
3 | decision; and | ||||||
4 | (5) a summary of the appeal process or the earliest the | ||||||
5 | applicant may reapply for a license, whichever is | ||||||
6 | applicable. | ||||||
7 | (d) No later than May 1 of each year, the Department must | ||||||
8 | prepare, publicly announce, and publish a report of summary | ||||||
9 | statistical information relating to new and renewal license | ||||||
10 | applications during the preceding calendar year. Each report | ||||||
11 | shall show, at a minimum: | ||||||
12 | (1) the number of applicants for a new or renewal | ||||||
13 | license under this Act within the previous calendar year; | ||||||
14 | (2) the number of applicants for a new or renewal | ||||||
15 | license under this Act within the previous calendar year | ||||||
16 | who had any criminal conviction; | ||||||
17 | (3) the number of applicants for a new or renewal | ||||||
18 | license under this Act in the previous calendar year who | ||||||
19 | were granted a license; | ||||||
20 | (4) the number of applicants for a new or renewal | ||||||
21 | license with a criminal conviction who were granted a | ||||||
22 | license under this Act within the previous calendar year; | ||||||
23 | (5) the number of applicants for a new or renewal | ||||||
24 | license under this Act within the previous calendar year | ||||||
25 | who were denied a license; | ||||||
26 | (6) the number of applicants for a new or renewal |
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1 | license with a criminal conviction who were denied a | ||||||
2 | license under this Act in the previous calendar year in | ||||||
3 | part or in whole because of a prior conviction; | ||||||
4 | (7) the number of probationary licenses without | ||||||
5 | monitoring issued under this Act in the previous calendar | ||||||
6 | year to applicants with a criminal conviction; and | ||||||
7 | (8) the number of probationary licenses with | ||||||
8 | monitoring issued under this Act in the previous calendar | ||||||
9 | year to applicants with a criminal conviction. | ||||||
10 | (225 ILCS 427/85)
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11 | (Section scheduled to be repealed on January 1, 2020) | ||||||
12 | Sec. 85. Grounds for discipline; refusal, revocation, or | ||||||
13 | suspension. | ||||||
14 | (a) The Department may refuse to issue or renew a license, | ||||||
15 | or may place on probation, reprimand, suspend, or revoke any | ||||||
16 | license, or take any other disciplinary or non-disciplinary | ||||||
17 | action as the Department may deem proper and impose a fine not | ||||||
18 | to exceed $10,000 for each violation upon any licensee or | ||||||
19 | applicant under this Act or any person or entity who holds | ||||||
20 | himself, herself, or itself out as an applicant or licensee for | ||||||
21 | any one or combination of the following causes: | ||||||
22 | (1) Material misstatement in furnishing information to | ||||||
23 | the Department. | ||||||
24 | (2) Violations of this Act or its rules. | ||||||
25 | (3) For licensees, conviction Conviction of or entry of |
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1 | a plea of guilty or plea of nolo contendere to a felony or | ||||||
2 | a misdemeanor under the laws of the United States, any | ||||||
3 | state, or any other jurisdiction or entry of an | ||||||
4 | administrative sanction by a government agency in this | ||||||
5 | State or any other jurisdiction. Action taken under this | ||||||
6 | paragraph (3) for a misdemeanor or an administrative | ||||||
7 | sanction is limited to a misdemeanor or administrative | ||||||
8 | sanction that has as an essential element dishonesty or | ||||||
9 | fraud, that involves larceny, embezzlement, or obtaining | ||||||
10 | money, property, or credit by false pretenses or by means | ||||||
11 | of a confidence game, or that is directly related to the | ||||||
12 | practice of the profession ; for applicants, the provisions | ||||||
13 | of Section 43 apply . | ||||||
14 | (4) Making any misrepresentation for the purpose of | ||||||
15 | obtaining a license or violating any provision of this Act | ||||||
16 | or its rules. | ||||||
17 | (5) Professional incompetence. | ||||||
18 | (6) Gross negligence. | ||||||
19 | (7) Aiding or assisting another person in violating any | ||||||
20 | provision of this Act or its rules. | ||||||
21 | (8) Failing, within 30 days, to provide information in | ||||||
22 | response to a request made by the Department. | ||||||
23 | (9) 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 Department. | ||||||
2 | (10) Habitual or excessive use or addiction to alcohol, | ||||||
3 | narcotics, stimulants, or any other chemical agent or drug | ||||||
4 | that results in the inability to practice with reasonable | ||||||
5 | judgment, skill, or safety. | ||||||
6 | (11) Having been disciplined by another state, the | ||||||
7 | District of Columbia, a territory, a foreign nation, or a | ||||||
8 | governmental agency authorized to impose discipline if at | ||||||
9 | least one of the grounds for the discipline is the same or | ||||||
10 | substantially equivalent of one of the grounds for which a | ||||||
11 | licensee may be disciplined under this Act. A certified | ||||||
12 | copy of the record of the action by the other state or | ||||||
13 | jurisdiction shall be prima facie evidence thereof. | ||||||
14 | (12) Directly or indirectly giving to or receiving from | ||||||
15 | any person, firm, corporation, partnership or association | ||||||
16 | any fee, commission, rebate, or other form of compensation | ||||||
17 | for any professional services not actually or personally | ||||||
18 | rendered. | ||||||
19 | (13) A finding by the Department that the licensee, | ||||||
20 | after having his, her, or its license placed on | ||||||
21 | probationary status, has violated the terms of probation. | ||||||
22 | (14) Willfully making or filing false records or | ||||||
23 | reports relating to a licensee's practice, including but | ||||||
24 | not limited to false records filed with any State or | ||||||
25 | federal agencies or departments. | ||||||
26 | (15) Being named as a perpetrator in an indicated |
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1 | report by the Department of Children and Family Services | ||||||
2 | under the Abused and Neglected Child Reporting Act and upon | ||||||
3 | proof by clear and convincing evidence that the licensee | ||||||
4 | has caused a child to be an abused child or neglected child | ||||||
5 | as defined in the Abused and Neglected Child Reporting Act. | ||||||
6 | (16) Physical illness or mental illness or impairment, | ||||||
7 | including, but not limited to, deterioration through the | ||||||
8 | aging process or loss of motor skill that results in the | ||||||
9 | inability to practice the profession with reasonable | ||||||
10 | judgment, skill, or safety. | ||||||
11 | (17) Solicitation of professional services by using | ||||||
12 | false or misleading advertising. | ||||||
13 | (18) A finding that licensure has been applied for or | ||||||
14 | obtained by fraudulent means. | ||||||
15 | (19) Practicing or attempting to practice under a name | ||||||
16 | other than the full name as shown on the license or any | ||||||
17 | other legally authorized name. | ||||||
18 | (20) Gross overcharging for professional services | ||||||
19 | including, but not limited to, (i) collection of fees or | ||||||
20 | moneys for services that are not rendered; and (ii) | ||||||
21 | charging for services that are not in accordance with the | ||||||
22 | contract between the licensee and the community | ||||||
23 | association. | ||||||
24 | (21) Improper commingling of personal and client funds | ||||||
25 | in violation of this Act or any rules promulgated thereto. | ||||||
26 | (22) Failing to account for or remit any moneys or |
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1 | documents coming into the licensee's possession that | ||||||
2 | belong to another person or entity. | ||||||
3 | (23) Giving differential treatment to a person that is | ||||||
4 | to that person's detriment because of race, color, creed, | ||||||
5 | sex, religion, or national origin. | ||||||
6 | (24) Performing and charging for services without | ||||||
7 | reasonable authorization to do so from the person or entity | ||||||
8 | for whom service is being provided. | ||||||
9 | (25) Failing to make available to the Department, upon | ||||||
10 | request, any books, records, or forms required by this Act. | ||||||
11 | (26) Purporting to be a supervising community | ||||||
12 | association manager of a firm without active participation | ||||||
13 | in the firm. | ||||||
14 | (27) Failing to make available to the Department at the | ||||||
15 | time of the request any indicia of licensure or | ||||||
16 | registration issued under this Act. | ||||||
17 | (28) Failing to maintain and deposit funds belonging to | ||||||
18 | a community association in accordance with subsection (b) | ||||||
19 | of Section 55 of this Act. | ||||||
20 | (29) Violating the terms of a disciplinary order issued | ||||||
21 | by the Department. | ||||||
22 | (b) In accordance with subdivision (a)(5) of Section | ||||||
23 | 2105-15 of the Department of Professional Regulation Law of the | ||||||
24 | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), | ||||||
25 | the Department shall deny a license or renewal authorized by | ||||||
26 | this Act to a person who has defaulted on an educational loan |
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